Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW REPUBLIC OF TAJIKISTAN

of August 1, 2003 No. 34

About advertizing

(as amended on 02-01-2018)

This Law, governing the relations in the field of advertizing (except for political advertizing), protects it from unfair competition, prevents and prohibits the inadequate advertizing capable to mislead users of advertizing or to do harm to their health, property of physical persons and legal entities, conduct of life and advantage, honor and goodwill of specified persons, and also encroaching on public concerns, the principles of humanity and morals.

Chapter 1. General provisions

Article 1. Scope of this Law

This Law governs the relations arising in production process, placements and distribution of advertizing on commodity markets, works and services (further - goods) the Republic of Tajikistan, including the markets of the banking, insurance and other services connected with use of money of physical persons and legal entities and also the security markets.

This Law is applied and when the actions made outside the Republic of Tajikistan by physical persons or legal entities of the Republic of Tajikistan in the field of advertizing lead to competition restriction, false representation of physical persons or legal entities in the territory of the Republic of Tajikistan, or involve other negative effects on commodity markets of the Republic of Tajikistan if the interstate relations are adjusted by international treaties.

This Law extends on the foreign physical persons and legal entity and stateless persons of the individual entrepreneurs registered in accordance with the established procedure by the legislation of the Republic of Tajikistan, making, placing and extending advertizing in the territory of the Republic of Tajikistan.

This Law does not extend to declarations of physical persons, including in the mass media which are not connected with implementation of business activity.

Article 2. Basic concepts

In this Law the following basic concepts are used:

- advertizing - extended in any form, by means of any kinds of means information on physical person or legal entity, goods, the ideas and undertakings (ad info) which is intended for the indefinite group of people and is designed to create or maintain interest in physical persons and legal entities, goods, the ideas and undertakings and to promote sales of goods, the ideas and undertakings;

- subject of advertizing - goods, means of its individualization, the manufacturer or the seller of goods, results of intellectual activities or action (including sports competition, concert, tender) to which to drawing attention advertizing is directed;

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

- counter-advertizing - the confutation of inadequate advertizing extended for the purpose of liquidation of the effects caused by it;

- the advertiser - physical person or legal entity by request of which advertizing is created and extends;

- the advertisement producer - the physical person or legal entity performing complete or partial reduction of the ad info to form, ready for distribution;

- the advertizing distributor - the physical person or legal entity performing placement or distribution of the ad info by provision, uses of property, including technical means of radio, television, and also communication links, broadcasting time and use of other means;

- consumers of advertizing - physical persons or legal entities to which attention advertizing is brought;

- external advertizing - posters, stands, indicating panels and other technical means, their installation in certain territory: internal advertizing - any advertizing placed in houses, buildings and constructions;

- social advertizing - non-commercial advertizing about healthy lifestyle, health protection, environmental protection, safety of the population, warning of offenses and other social problems;

- the offer - the offer on the conclusion of the agreement sent to one or several particular persons and covering the main requirements of the agreement;

- the acceptance - adoption of terms of the contract by person;

- sponsorship - implementation by physical person or legal entity (sponsor) of contribution (in the form of provision of property, results of intellectual activities, rendering services, work) in activities of other physical person or legal entity (sponsored) on distribution terms sponsored advertizing about the sponsor, its goods;

- the current events - process of the come events, important cases, the facts from private or public life, and also results of researches and undertakings;

- sponsor's contribution - payment to sponsored (advertizing distributor) for advertizing by the sponsor (advertiser).

Article 3. Legislation of the Republic of Tajikistan on advertizing

The legislation of the Republic of Tajikistan on advertizing is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts and international legal acts recognized by the Republic of Tajikistan.

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 of the Republic of Tajikistan.

Chapter 2. General and special requirements to advertizing

Article 5. General requirements to advertizing

Advertizing shall be recognizable without special knowledge or without use of technical means as advertizing directly at the time of its representation irrespective of form or from the used means of distribution.

Target use in radio - TV, video, audio-and cinema products, and also in printed materials of not advertizing nature of the purposeful address of attention of consumers of advertizing to specific brand (model, the article) of goods or on the manufacturer, the contractor, the seller for forming and maintenance of interest in them without proper preliminary message on it (in particular, by mark "as advertizing") is not allowed.

Receipt of money for advertizing as information, editorial or author's material is forbidden to mass media.

Advertizing in the territory of the Republic of Tajikistan extends in state language, and also at the discretion of advertisers in other languages. These provisions do not extend to the broadcasting, television broadcasting and printing editions performed only in state language, languages of the people living in the territory of the Republic of Tajikistan and foreign languages and also to registered trade marks (service marks). Advertizing of goods, advertizing about the advertiser if the activities performed by him require professional advertizing, subject to obligatory certification in the Republic of Tajikistan, but not having the appropriate certificate, and also advertizing of the goods, according to the legislation of the Republic of Tajikistan prohibited to production and realization is not allowed.

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