LAW OF THE REPUBLIC OF BELARUS

of January 4, 2021 No. 82-Z

About change of the laws concerning advertizing

Accepted by the House of Representatives on December 10, 2020

Approved by Council of the Republic on December 18, 2020

Article 1.

Article 2. Bring in the Law of the Republic of Belarus of May 10, 2007 No. 225-Z "About advertizing" the following changes:

1. Third Item 2 of Article 1 to add the paragraph with the words "or other legal acts".

2. In Article 2:

in paragraph five of the word "unfair, doubtful" shall be replaced with words "doubtful, unfair";

after the paragraph of the fifth to add Article with the paragraph of the following content:

"not tobacco nicotinocontaining tobacco product - the product containing raw materials of plant and (or) synthetic origin (except for tobacco raw materials) and nicotine, intended for suction, chewing, shuffing, different way of use (consumption) in case of which nicotine gets into human body, except for medicinal and veterinary medicines, liquids for electronic systems of smoking with nicotine content, foodstuff of plant origin;";

the paragraph of the sixth after the word of "citizens" to add with the words "production facility, shopping facility, other object of servicing";

in paragraph nine shall be replaced with words the word "extended" "placed (extended)";

the twelfth to state the paragraph in the following edition:

"the advertiser - the organization or the citizen, activities or goods of which are advertized or which determined subject of advertizing and (or) content of advertizing or which provide advertizing to the advertizing distributor for its placement (distribution) in the territory of the Republic of Belarus;";

the fourteenth to state the paragraph in the following edition:

"the advertizing distributor - the organization or the citizen performing placement (distribution) of advertizing in any form by means of any means;";

the sixteenth to state the paragraph in the following edition:

"social advertizing - advertizing of the rights protected by the law of interests or obligations of the organizations or citizens, the phenomena (actions) in spheres of health care, education, culture, physical culture and sport, social protection of the population, ensuring the state and (or) public security, environmental protection, rational use of natural, fuel and energy and other types of resources including concerning public health care, promotion of healthy lifestyle, activities of hospices, charity foundations, preserving historical and cultural, spiritual heritage, prevention of offenses, emergency situations of natural and technogenic nature, development of international cooperation in the specified spheres, or other phenomena (actions) of social nature which is directed to protection or satisfaction of public or state interests, has no commercial character and which advertisers are state bodies if other is not established by the President of the Republic of Belarus;";

in the paragraph the seventeenth the words "the technical tool which is specially intended and (or)" shall be replaced with words "advertizing medium";

after the paragraph of the seventeenth to add Article with the paragraph of the following content:

"advertizing medium - the technical or other tool which is specially intended and (or) used for placement (distribution) of advertizing;".

3. State Article 3 in the following edition:

"Article 3. Legal regulation of the relations in the field of advertizing

1. The relations in the field of advertizing are governed by the legislation on advertizing, international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian Economic Union.

2. The legislation on advertizing is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation.

3. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.".

4. In Article 5 of the word of "trade of the Republic of Belarus" to replace with the word of "trade".

5. State Article 7 in the following edition:

"Article 7. Powers of Council of Ministers of the Republic of Belarus in the field of advertizing

Council of Ministers of the Republic of Belarus in the field of advertizing within the competence:

provides carrying out single state policy;

will organize development and implementation of plans and actions for development of advertizing activities taking into account national interests;

creates Interdepartmental council on advertizing;

establishes procedure for production and placement (distribution) of social advertizing, including procedure for participation of Interdepartmental council on advertizing in quality evaluation of social advertizing;

establishes requirements to investment of funds of outdoor advertizing within roadside strip (controlled area) of the highway, red lines of streets, roads or the areas of settlements, procedure for issue, prolongation of action, renewal and cancellation of permission to placement of means of outdoor advertizing, the list of means of outdoor advertizing which placement is allowed without availability of such permission;

establishes procedure for tendering on the right of investment of funds of advertizing on the real estate which is in state-owned property or property of economic societies, more than 50 percent of shares (share in authorized funds) of which are in property of the Republic of Belarus and (or) its administrative and territorial units, and also on the real estate which is in common ownership of the Republic of Belarus and (or) its administrative and territorial units and (or) economic societies, more than 50 percent of shares (share in authorized funds) of which are in property of the Republic of Belarus and (or) its administrative and territorial units (further - the state-owned real estate);

performs international cooperation;

performs other powers assigned to it by the Constitution of the Republic of Belarus, the laws and acts of the President of the Republic of Belarus.".

6. In Article 8:

to exclude from the name of Article and paragraph one of the word "Republic of Belarus";

the fourth to state the paragraph in the following edition:

"exercises control of compliance with law about advertizing;".

7. State Article 9 in the following edition:

"Article 9. Powers of local executive and administrative organs in the field of advertizing

1. Local executive and administrative organs in the field of advertizing in the territory of the corresponding administrative and territorial units within the competence:

the facts of inadequate advertizing warn;

submit instructions about elimination of the revealed violation of the law about advertizing, instructions about dismantle of means of outdoor advertizing in case of its placement without the permission for placement of means of outdoor advertizing or in other stipulated by the legislation cases;

perform dismantle of means of outdoor advertizing in stipulated by the legislation cases;

consider appeals of the organizations or citizens and other materials about violation of the law about advertizing;

direct materials about violation of the law about advertizing to bodies of prosecutor's office and other law enforcement agencies;

issue, prolong action and renew permissions to investment of funds of outdoor advertizing;

has the right to establish the decisions requirements to the size and (or) other technical characteristics of means of outdoor advertizing, and also in coordination with the Ministry of Culture of the requirement to the size and (or) other technical characteristics of the means of outdoor advertizing placed on immovable material historical and cultural values, their territories and in zones of their protection;

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