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LAW OF THE REPUBLIC OF MOLDOVA

of March 17, 2022 No. 62

About advertizing

The Parliament adopts this organic law.

This law establishes the legal basis necessary for activities in the field of advertizing according to the European legislation, and also shifts in the national legal system of provision of the Directive 2006/114/EU of the European Parliament and Council of December 12, 2006 about the misleading and comparative advertizing (the codified version) (the text concerns EEP) published in the Official magazine of the European Union by L 376 of December 27, 2006.

Chapter I General provisions

Article 1. Law purpose

The purpose of this law is the organization and development of the national market of advertizing based on the international principles and the advanced practice in this area, including the principles of fair competition and consumer protection of advertizing.

Article 2. Subject and sphere of regulation

(1) the Subject of this law is regulation of the relations arising between advertisers, advertisement producers, advertizing distributors, advertizing distributors and consumers of advertizing.

(2) the physical persons and legal entities performing activities in the field of advertizing in the territory of the Republic of Moldova or directing the activities to the Republic of Moldova or several states including the Republic of Moldova, according to provisions of article 3 of the Law on electronic trading No. 284/2004 fall Under operation of this law.

(3) This law is not applied to:

1) information which distribution is obligatory according to the legislation, including:

a) information on product, her producer, the importer or the exporter printed on the corresponding product or on its packaging;

b) to any element of design of product printed on the corresponding product or on its packaging and not connected with other products;

2) analytical and/or statistical information from mass media, from scientific or specialized publications;

3) to the route signs and boards which are not containing advertizing;

4) to the announcements and advertizing filmlets extended by mass media for the purpose of self-promotion.

Article 3. Value of the used concepts

The concepts used in this law have the following value:

permission to the advertizing device - the allowing document issued by authorized body by means of which the owner is given number of the rights and obligations concerning carrying out earth, construction works and/or works on operation of the advertizing device and the related actions obligatory for these activities;

the code of behavior in the field of advertizing - the agreement or the set of rules in the field of advertizing, the businessmen who are not assigned by the legislation or administrative orders, determining behavior undertaking to observe them in connection with one or several types of business activity in one or several sectors of activities;

the businessman - any physical person or legal entity performing business, industrial (production), craft activity or practicing liberal profession, and also any person acting for commercial purposes on behalf or for the benefit of the businessman including commercial society and the individual entrepreneur;

the consumer of advertizing - person of whom interest in advertizing subject is attracted;

identification data in advertizing:

a) in case of physical person - surname and name;

b) in case of the legal entity - the full or abbreviated name established by the constituent document and registered as appropriate;

advertizing confutation - overthrow of the advertizing containing false information;

the advertizing distributor - any person, including mass media, extending advertizing to consumers of advertizing;

the stationary advertizing device - the part of city furniture representing the stationary design built in public places, serving as support of the advertizing image in outdoor advertizing;

the moved advertizing device - the elements of the moved decor which are easily dismantled and placed in public places, intended on circumstances for internal or outdoor advertizing;

the advertizing distributor - person distributing advertizing to advertizing distributors for the benefit of the advertiser;

subject of the public sector:

a) any central body of the public power;

b) any body of local public authority, including any body of local public authority from the autonomous territorial entity with special status;

c) any other body created by the state on behalf of body of the public power for the purpose of implementation of managerial, welfare and other powers of non-commercial nature;

d) any state or municipal company;

e) any commercial society having as the member of one of the subjects provided by Items and) - d);

f) any public organization or other non-profit organization having/having as the member of one of the subjects provided by Items a) - d);

g) any commercial organization of private law which activities are fully or partially financed/is paid from the government budget;

h) any other person announced by the order of the Government as the subject of the public sector;

sign - the text located on the building in which the businessman performs the activities, or in the adjacent to the building specially equipped place which subject are the name, the trademark, logo/emblem, the working schedule and/or types of activity of the corresponding businessman and as necessary elements of art/architectural design and registration;

the advertiser - person determining advertizing subject;

the advertizing image in outdoor advertizing - the changing advertizing which is printed/displayed on the advertizing device reproduced on the electronic screen and/or projected on different surfaces by means of optical systems;

the directing advertizing index - the text, form or the image specifying the direction or proximity of object or the building in which certain activities are performed;

the message which is of public interest - advertizing which subject is promotion of values, the ideas and/or the purposes of social or communitarian significance, extended for the purpose of increase in degree of awareness, change of the relation and social behavior, prevention and counteraction to social defects;

advertizing subject - physical persons and/or legal entities, material and/or non-material property, services (work), value and/or the purpose of social or communitarian significance, the idea, initiative, campaign, event and/or means of their individualization;

the passport of the advertizing device - the document containing the scheme of placement and other information on the advertizing device and being the basis for issue of permission to the advertizing device;

the extra elective period - period of time from which the selective period, the stipulated in Article 1 Code about elections No. 1381/1997 is excluded;

the advertisement producer - person fully or partially giving to advertizing the final shape necessary for distribution;

product - any the goods and/or service (work) intended for consumption or use including real estate, the electric power delivered for consumption, heat energy, gas and water, and also the related rights and obligations;

advertizing - the information distributed in any manner with use of any means, addressed to uncertain number of persons for the purpose of creation and/or support of public interest in advertizing subject;

immoral advertizing - the advertizing breaking commonly accepted in the society of moral standard;

audiovisual advertizing - the advertizing and other forms of commercial audiovisual communication broadcast by linear and/or nonlinear audiovisual media services;

commercial - advertizing which subject are one or several businessmen and/or its means of individualization, one or several products and/or its means of individualization, and also event/action (start of products and so forth);

comparative advertizing - advertizing, obviously or implicitly identifying the competitor of the businessman or one or several products offered by the competitor;

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