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LAW OF THE REPUBLIC OF BELARUS

of May 10, 2007 No. 225-Z

About advertizing

(as amended on 04-01-2021)

Accepted by the House of Representatives on April 2, 2007

Approved by Council of the Republic on April 20, 2007

Article 1. Scope of this Law

1. This Law extends to the relations arising between state bodies, other organizations, citizens of the Republic of Belarus, foreign citizens, stateless persons (further if other is not provided by this Law, – the organizations and (or) citizens) in production process and (or) placements (distribution) of advertizing in the territory of the Republic of Belarus.

2. This Law does not extend to the relations arising in production process and (or) placements (distribution):

information placed (extended) during election propaganda, propaganda on referendum (popular vote), response of the deputy of the House of Representatives of National assembly of the Republic of Belarus or local council of deputies, member of council of the Republic of National assembly of the Republic of Belarus, and also other information placed (extended) in political goals;

information, obligation on production and (or) placement (distribution) of which it is assigned to the organizations or citizens by the legislation if other is not provided by this Law or other legal acts.

Article 2. The main terms applied in this Law and their determinations

In this Law the following main terms and their determinations are applied:

counter-advertizing – information on inadequate advertizing placed (extended) by the advertiser, the advertisement producer or the advertizing distributor who allowed violation of the law about advertizing (further – the violator) based on the decision of state body;

multimedia advertizing (counter-advertizing) – advertizing (counter-advertizing) placed (extended) by means of the program technical means realizing information in sound and (or) visual type (the text, graphics, the photo, video, animation (animation), audio effects, etc.) except for advertizing (counter-advertizing) placed (extended) on television and radio;

outdoor advertizing – the advertizing placed (extended) with use of means of outdoor advertizing on outer sides of buildings (constructions) out of buildings (constructions) and in underground crosswalks;

inadequate advertizing – doubtful, unfair, unethical, embedded and other advertizing, in case of production and (or) placement (distribution) of which violations of the law are allowed;

not tobacco nicotinocontaining tobacco product – the product containing raw materials of vegetable and (or) synthetic origin (except for tobacco raw materials) and nicotine, intended for sucking, 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, phytogenesis foodstuff;

subject of advertizing – products, goods, work or service (further if other is not provided by this Law, – goods), the organization or the citizen, the rights protected by the law interests or obligations of the organizations or citizens, production facility, the shopping facility, other object of servicing, means of individualization of participants of civil circulation, goods, results of intellectual activities, tenders, lotteries, games, other game, promotion and other activities, bet, the phenomena (action) of social nature;

the area of advertizing (counter-advertizing) – the value of the surface which is specially intended and (or) used for placement (distribution) of advertizing (counter-advertizing);

the consumer of advertizing – the organization or the citizen to which attention advertizing is brought;

advertizing – the information on subject of advertizing placed (extended) in any form by means of any means, directed to drawing attention to subject of advertizing, forming or maintenance of interest in it and (or) its market promotion;

advertizing activities – organization activity or the citizen on performance of works on designing, production of advertizing and (or) rendering services in its placement (distribution);

advertizing game – organization activity or individual entrepreneurs, performed by them for the purpose of sales promotion of goods (works, services) and providing draw of prizes between participants of advertizing game, except for to the activities which are not relating to advertizing games according to acts of the President of the Republic of Belarus;

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 advertisement producer – the organization or the citizen performing production of advertizing by complete or partial finishing it to form, ready for placement (distribution);

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

low alcohol drink – drink (except for dairy drinks, kvass and beer) with volume fraction of ethyl alcohol from 0,5 to 7 percent;

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;

means of outdoor advertizing – the advertizing medium used for placement (distribution) of outdoor advertizing, except for the vehicle;

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

the equivalent sound level – average value of sound intensity (energy averaging).

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.

Article 4. Copyright and related rights to advertizing

Advertizing can be fully or partially object of copyright and the related rights. In this case copyright and the related rights are subject to protection according to the legislation on copyright and the related rights.

Article 5. The bodies performing state regulation in the field of advertizing

State regulation in the field of advertizing is performed by the President of the Republic of Belarus, National assembly of the Republic of Belarus, Council of Ministers of the Republic of Belarus, the Ministry of anti-monopoly regulation and trade, local executive and administrative organs and other state bodies within their competence.

Article 6. Powers of the President of the Republic of Belarus in the field of advertizing

According to the Constitution of the Republic of Belarus the President of the Republic of Belarus determines single state policy and performs other powers in the field of advertizing.

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 band (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.

Article 8. Powers of the Ministry of anti-monopoly regulation and trade in the field of advertizing

The ministry of anti-monopoly regulation and trade in the field of advertizing within the competence:

performs carrying out single state policy;

develops and realizes plans and actions for development of advertizing activities taking into account national interests;

exercises control of compliance with law about advertizing;

warns the facts of inadequate advertizing;

takes out instructions about elimination of the revealed violation of the law about advertizing;

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