LAW OF TURKMENISTAN

of March 26, 2016 No. 374-V

About advertizing

This Law determines legal, organizational and economic basis of advertizing activities in Turkmenistan and governs the relations arising in production process and advertizing distribution.

Chapter I. General provisions

Article 1. The basic concepts applied in this Law

For the purposes of this Law the following basic concepts are applied:

1) advertizing – information on subject of advertizing distributed by subjects of advertizing activities in any manner, in any form and with use of any means, addressed to the indefinite group of people, directed to drawing attention to subject of advertizing, designed to create or maintain interest in it and to promote its market promotion;

2) subject of advertizing – goods, work or service, the manufacturer or the seller of goods (work, service), the organization (or the citizen), results of intellectual activities, means of individualization of the legal entity, goods (work, service), actions of social nature, tenders, lotteries, games and other actions;

3) advertizing activities – activities of subjects of advertizing activities for object definition of advertizing and content of advertizing, performance of works for advertizing production, rendering services in advertizing distribution;

4) subjects of advertizing activities – the advertiser, the advertisement producer, the advertizing distributor;

5) the advertiser – the legal entity or physical person which determined subject of advertizing and the content of advertizing which is the customer of advertizing. The advertiser can perform functions of the advertisement producer and advertizing distributor;

6) the advertisement producer – the legal entity or physical person rendering services in production of advertizing by complete or partial finishing it to form, ready for distribution. The advertisement producer can perform functions of the advertizing distributor;

7) the advertizing distributor – the physical person or legal entity performing advertizing distribution in any manner in any form and with use of any means which are not prohibited by the legislation of Turkmenistan;

8) consumers of advertizing – physical and (or) legal entities to whose drawing attention to subject of advertizing advertizing is directed;

9) inadequate advertizing – the unfair, doubtful, unethical and embedded advertizing, in case of production and (or) distribution of which violations of requirements of this Law to its content, production, and also time, the place and method of distribution are allowed;

Counter-advertizing – the advertizing form performed by subjects of advertizing activities for the purpose of elimination at the consumer of advertizing of wrong ideas of subject of advertizing owing to inadequate advertizing, elimination of the effects caused by it or able to bring 10) to them by confutation of inadequate advertizing and recovery of the real facts;

11) social advertizing – the advertizing 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;

12) outdoor advertizing – the advertizing placed on outer sides of buildings (constructions) or out of them in underground crosswalks, on the advertizing structures, on movable objects and available to visual acceptability on open space in settlements and in band of branch automobile and the railroads;

13) the advertizing structures - different three-dimensional or sheet objects of outdoor advertizing (boards, stands, construction grids, banners, screens and electronic boards for display of electronic and video images, the projective and intended for advertizing projection to any surfaces other equipment, balloons, aerostats and other technical means of stable territorial placement) intended for drawing, placement or display on them of the image and (or) text information of advertizing nature. The advertizing structures shall be used only for the purpose of advertizing distribution;

14) the owner of the advertizing structure – physical person or legal entity, being the owner of the advertizing structure, or the other person having the corporeal right to the advertizing structure or right of possession and uses of the advertizing structure based on the agreement with her owner;

15) sponsor's advertizing – the advertizing extended on condition of obligatory mentioning in it of certain person as about the sponsor;

16) the sponsor - the physical person or legal entity performing contribution (in the form of provision of money, property, results of intellectual activities, rendering services, and also performance of works) in activities of other physical person or legal entity (sponsored) for the organization and (or) holding by the last sporting, cultural or any other event, creation and (or) broadcasting TV or broadcasts or creations and (or) uses of other result of creative activities;

17) multimedia advertizing – the advertizing extended by means of the program technical means realizing the ad info in sound and (or) visual type (the text, graphics, the photo, video, animation (animation), audio effects and other types), except for the advertizing extended on TV and radio channels;

18) the area of advertizing – the value of the surface which is specially intended and (or) used for advertizing;

19) creeping line – method of distribution of the advertizing which is transferred on TV channels in film and video servicing which is characterized by consecutive alternation (movement) of combinations of letters, the digits and signs constituting in total certain information on screens of TVs, and also on autonomous monitors – subjects of stationary advertizing;

20) sign – information on 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 on roofs and facades within own (leasable) buildings, extensions to them and shoddy constructions of physical persons and legal entities in places of sales of goods, performance of works and rendering services;

21) the 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 it, containing information on its name, means of its individualization and navigation.

Article 2. Legislation of Turkmenistan on advertizing

1. The legislation of Turkmenistan on advertizing is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan in the field of advertizing and advertizing activities.

2. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.

Article 3. Coverage of this Law

1. Operation of this Law extends to the relations arising in production process and distribution of advertizing of physical persons and legal entities, including the foreign citizens and stateless persons performing advertizing activities in the territory of Turkmenistan.

2. Operation of this Law does not extend on:

1) political advertizing, including election propaganda and propaganda concerning referendum;

2) information, disclosure or distribution or bringing to which consumer is obligatory according to the legislation of Turkmenistan;

3) the reference and analytical materials, results of scientific research and testing which do not have as main objective promotion of goods in the market and not being social advertizing;

4) messages of public authorities and local government bodies if such messages do not contain data of advertizing nature and are not social advertizing;

5) the signs and pointers which are not containing data of advertizing nature;

6) the declarations of physical persons or legal entities which are not connected with implementation of business activity;

7) information on goods, his manufacturer, on the importer or the exporter of goods placed on goods or its packaging;

8) any elements of registration of goods placed on goods or its packaging and which are not relating to other goods;

9) references of goods, means of its individualization, of the manufacturer or of the seller of goods which are organically integrated into works of science of literature or arts and in itself are not data of advertizing nature.

Article 4. Purposes of this Law

The purposes of this Law are:

1) market development of goods, works and services;

2) realization of the right of consumers to receipt of fair and reliable advertizing;

3) creation of necessary conditions for production and distribution of advertizing;

4) creating favorable conditions for production and distribution of social advertizing;

5) determination of the rights, obligations and responsibility of subjects of advertizing activities;

6) protection against unfair competition in the field of advertizing;

7) prevention and suppression of the facts of inadequate advertizing.

Chapter II. Requirements to advertizing and advertizing activities

Article 5. General requirements to advertizing

1. General requirements to advertizing are legality, accuracy, reliability, use of the forms and means which are not causing to the consumer of advertizing of losses, and also moral harm.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info