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LAW OF THE AZERBAIJAN REPUBLIC

of May 15, 2015 No. 1281-IVQ

About advertizing

(as amended on 13-05-2022)

This Law determines the legal basis of the relations in the field of the order, production (production) and distribution of advertizing, control over them and their regulation, and also self-regulation in the field of advertizing according to Items 12 and 26 of part I of article 94 of the Constitution of the Azerbaijan Republic.

Chapter 1. Basic provisions

Article 1. Law scope

1.1. This Law is applied to the relations arising in connection with the order, production, distribution, consumption of advertizing among subjects of advertizing activities in the territory of the Azerbaijan Republic.

1.2. This Law does not extend to political advertizing, information provided to bringing to data of consumers by the Law of the Azerbaijan Republic "About consumer protection", and also information on the vendor, the importer or the exporter, the name, type, structure and rules of use, date of production and expiration date, the storage conditions of goods specified on its packaging, declarations, not connected with business activity of physical persons and legal entities, the publishing, directory and analytical materials which are not aiming at sale of goods in the market, and not being social advertizing, the information of state bodies, municipalities which does not have advertizing character and not being social advertizing, boards and pointers on which information of advertizing nature, scientific, literary works and works of art is not placed.

1.3. The relations arising in connection with the order, production, distribution, consumption of advertizing in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 2. Main determinations

2.0. For the purposes of this Law the following determinations are used:

2.0.1. advertizing - information extending for drawing attention of the consumer of advertizing to subject of advertizing, forming and maintenance of interest, ensuring recognition of goods in the market and stimulations of its sales, using different means and methods;

2.0.2. advertizing activities - set of actions of the advertiser, reklamosozdatel, the advertisement producer, promotion agent and advertizing distributor for drawing attention of the consumer of advertizing to subject of advertizing;

2.0.3. subject of advertizing - the advertized goods, works and services (further - goods), means of its individualization, the held events of commercial and non-commercial nature;

2.0.4. subjects of advertizing - the advertiser, the advertisement producer, reklamosozdatel, the promotion agent, the advertizing distributor and the consumer of advertizing;

2.0.5. the advertiser - the person ordering, financing creation, production, distribution of advertizing of subject of advertizing and determining advertizing content;

2.0.6. reklamosozdatel - the physical person creating general design of advertizing including its color shades, soundtrack, images;

2.0.7. the advertisement producer - person performing fully or partially reduction of information in ready for distribution in the form of advertizing form;

2.0.8. the promotion agent - the physical person or legal entity acting on behalf of the advertiser, reklamosozdatel and the advertisement producer based on the agreement with them;

2.0.9. the advertizing distributor - person performing advertizing distribution in any manner in any form and with use of any means; according to the procedure, established by the law

2.0.10. the consumer of advertizing - physical person which attention is drawn to subject of advertizing;

2.0.11. the advertizing carrier - real and personal estate (including specialized stationary and mobile advertizing devices, vehicles, etc.), mass media, film, video, audio-and printed materials, means of telecommunications and mailings.

Article 3. Legislation of the Azerbaijan Republic on advertizing

3.1. The legislation of the Azerbaijan Republic on advertizing consists of the Constitution of the Azerbaijan Republic, international treaties which the Azerbaijan Republic, the regulatory legal acts regulating advertizing according to this Law including the Civil code, the Laws of the Azerbaijan Republic "About TV and radio broadcasting", "Public TV and radio broadcasting", this Law, in the territory of the city of Shusha, and also the Law of the Azerbaijan Republic "About the cultural capital of Azerbaijan - the city of Shusha" joined.

3.2. If in international treaties which the Azerbaijan Republic joined, the rules differing from specified in this Law are provided, then the rules enshrined in these agreements are applied.

Article 4. General requirements to advertizing

4.1. Advertizing shall draw attention of consumers of advertizing to goods with the means and methods which are not prohibited by this Law to create the product demand by provision of information and forming of opinion on it.

4.2. Advertizing shall stimulate the choice of consumers of goods, not deceive them, not create the mixed feelings, not harm market reputation of the goods similar to the advertized goods made by competitors, or other goods - its substitutes.

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