Document from CIS Legislation database © 2003-2023 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 19, 2003 No. 508-II

About advertizing

(as amended on 30-06-2022)

This Law governs the relations arising in production process, distribution, placements and uses of advertizing in the territory of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. Law purposes

The purposes of this Law are providing necessary conditions for production, distribution, placement and use of advertizing, protection against unfair competition in the field of advertizing, prevention and suppression of inadequate advertizing.

Article 2. Scope of the Law

1. This Law extends to the relations arising in the course of activities of the physical persons and legal entities making, extending, placing and using advertizing in the territory of the Republic of Kazakhstan.

2. This Law does not extend to declarations of physical persons, including in mass media, not connected with implementation of business activity, and also to the political propaganda and promotion performed according to legal acts of the Republic of Kazakhstan.

Article 3. Basic concepts

In this Law the following basic concepts are used:

1) social advertizing - the information addressed to the indefinite group of people and directed to achievement of charitable and other socially useful purposes of non-commercial nature, and also ensuring interests of the state;

1-1) means of individualization - the designation serving for distinction of goods (works, services), participants of civil circulation (trade name, the trademark, service mark and another);

1-2) advertizing - the information distributed and (or) placed in any form by means of any means, intended for the indefinite group of people and designed to create or maintain interest in physical person or legal entity, goods, trademarks, works, services and to promote their realization;

1-3) No. 215-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 02.04.2019;

2) inadequate advertizing - unfair, doubtful, unethical, obviously false and embedded advertizing in which violations of requirements to its content, time, the place and method of distribution, the placement established by the legislation of the Republic of Kazakhstan are allowed;

3) the advertiser - the physical person or legal entity which is source of the ad info for production, distribution and advertizing;

4) the advertisement producer - the physical person or legal entity performing reduction of the ad info to form, ready for distribution and placement;

4-1) regulatory state agencies in the field of advertizing - the state bodies performing management in separate industry in which advertizing activities are performed;

4-2) authorized body in the field of advertizing - the central executive body performing management and cross-industry coordination in the field of advertizing;

5) the advertizing distributor - the physical person or legal entity performing distribution and placement of the ad info by provision and (or) uses of property, including technical means of TV and radio broadcasting and different ways;

6) consumers of advertizing - indefinite circle of physical and (or) legal entities to whom advertizing intends;

7) creeping line - method of distribution of the advertizing placed on objects of outdoor (visual) advertizing or which is transferred on TV channels in film and video servicing which is characterized by consecutive alternation (movement) of combinations of letters, the digits, signs constituting in total certain information;

7-1) street furniture (equipment) - the objects of decorative nature and practical use (flower vases, pavilions, arbors, benches, ballot boxes, public transport stops, data panel, the equipment and constructions for games of children and rest of adult population) established in settlements on open space outside rooms;

7-2) sign - information on the name and kind of activity of physical persons and legal entities, including means of their individualization, placed within input to the building on number of inputs in it and (or) on input of barrier of the occupied territory, and also roofs and facades within buildings, extensions to them and shoddy constructions of physical persons and legal entities in places of their actual stay and sales of goods, performance of works and rendering services;

7-3) pointer - the construction up to two square meters in size inclusive placed on the earth or support of contact network and lighting, specifying the location of the organization, shopping or other facility and located in close proximity to them, containing only information on their name, means of individualization (in the presence) and navigation;

8) No. 269-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2014

9) outdoor (visual) advertizing - the advertizing placed on objects of outdoor (visual) advertizing and available to visual acceptability on open space outside rooms in settlements, in band of withdrawal of highways public on open space outside rooms out of settlements and out of band of withdrawal of highways public;

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