LAW OF UKRAINE

of July 3, 1996 No. 270/96-BP

About advertizing

This Law determines bases of advertizing activities in Ukraine, governs the relations arising in production process, distribution and consumption of advertizing.

Section I General provisions

Article 1. Determination of terms

In this Law the terms below are used in such value:

the vendor of advertizing - the person which fully or partially performs advertizing production;

internal advertizing - advertizing which is placed in buildings constructions, including at movie theaters and theaters in time, before demonstration of movies and representations, concerts, and also during the sports competitions which take place in the enclosed space, except places of trade (including buffets, booths) where information on goods which directly in these parts are on sale can be placed;

discrimination advertizing - advertizing which contains or uses approval and/or the image which are discrimination on signs of race, skin color, political, religious and other convictions, sex, age, disability, ethnic and social origin, nationality, family and property condition, residence, on language or other signs of person and/or group of persons;

discrimination advertizing on the basis of sex - the advertizing containing approval and/or images of rather intellectual, physical, social or other same-gender superiority over another and/or stereotype of role of the man and the woman who propagandizes humiliating and negligence; degrades advantage of the person on the basis of sex; shows violence on the basis of sex; uses images of body of the person (part of body) only as sexual object for the purpose of drawing attention of the consumer and/or the reference (words, sounds, images) to the sexual relations which are not concerning the advertized product or method of its consumption;

actions of advertizing nature - the actions for advertizing distribution providing free distribution of samples of goods which are advertized, and/or their exchange to consumers of one quantity or one type of goods which are advertized, on another;

discount - temporary reduction of the price of goods which is provided to buyers (consumers);

outdoor advertizing - advertizing which is placed on special temporary and stationary constructions - the advertizing media located on the open area, and also on the outside surfaces of buildings, constructions, on elements of the street equipment over the carriageway of streets and roads;

unfair advertizing - advertizing which enters or can mislead consumers of advertizing, does harm to persons, the state or society owing to inaccuracy, unauthenticity, ambiguity, exaggeration, concealing, violation of requirements concerning time, the place and method of distribution;

person - physical person, including the physical person - the entrepreneur, the legal entity of any pattern of ownership, representation of the nonresident in Ukraine;

political advertizing - information in any kind, widespread in any form which aims at promoting of activities of political party (the organization of batch), drawing attention to activities of political party (the organization of batch) and its line item concerning nation-wide (local) value. To political advertizing also use of symbolics or logos of political parties (the organizations of batches), messages on support by political party (the organization of batch) of spectacular or other public actions or drawing attention belongs to participation in such actions of batch (the organization, batch);

comparative advertizing - advertizing which contains comparison with other persons and/or goods (activities) of other person directly or indirectly identifies the competitor or the goods or services offered by the competitor;

the embedded advertizing - information on the person or goods in the program, transfer, the publication if such information serves the advertizing purposes and can mislead persons of rather valid purpose of such programs, transfers, publications;

advertizing - information on the person or goods widespread in any form and in any manner and intended to create or support awareness of consumers of advertizing and their interest concerning such person or goods;

advertizing on transport - advertizing which is placed in the territory of the companies of common carrier, the subway, the outside and internal surfaces of vehicles and constructions of the companies of common carrier and the subway;

advertizing means - means which are used for bringing advertizing to her consumer;

the advertiser - person which is the customer of advertizing for its production and/or distribution;

the distributor of advertizing - person performing advertizing distribution;

social advertizing - the information of any kind widespread in any form directed to achievement of the socially useful purposes, promoting of universal values and which distribution does not aim at profit earning;

special exhibition events - actions which are performed for the purpose of promotion of the corresponding goods on the market are held is organized in certain room or on the protected site (including in places of sales of goods) in the certain terms expected the interested and/or professional visitors whose organizer limited visit of action by those persons which according to the legislation are allowed to sell the shown goods;

telesale - broadcast on television direct public offer to sign the purchase and sale agreement on certain goods;

consumers of advertizing - the indefinite group of people to whom advertizing goes;

sponsorship - voluntary material, financial, organizational and other support of any activities by physical persons and legal entities for the purpose of promoting of only name, the name, the sign for goods and services;

goods - any subject of the economic address, including products, works, services, securities, objects of intellectual property right.

The terms "professional participant of the capital markets and organized goods markets", "operator of the organized market", "financial instruments", "derivative contract" and "capital markets" are used in this Law in the values given in the Law of Ukraine "About the capital markets and the organized goods markets".

Article 2. Scope of the Law

1. This Law governs the relations connected with production, distribution and consumption of advertizing in the territory of Ukraine.

2. Operation of this Law does not extend to the relations connected with distribution of information, obligation of placement and which promulgation it is determined by other laws of Ukraine.

3. Operation of this Law does not extend to the declarations of physical persons which are not connected with business activity.

Article 3. Legislation on advertizing

1. The legislation of Ukraine on advertizing consists of the Constitution of Ukraine, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, this Law and other regulatory legal acts.

2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those which are stipulated by the legislation Ukraine about advertizing are applied rules of the international treaty.

Article 4. Use of objects of copyright and (or) the related rights in advertizing

Use in advertizing of objects of copyright and (or) the related rights is performed according to requirements of the legislation of Ukraine about copyright and the related rights.

Article 5. Sponsorship

1. In TV, broadcasts, materials in other mass media, spectacular and other actions which are created and are carried out with the assistance of sponsors, it is forbidden to provide any information of advertizing nature on the sponsor and/or his goods, except name or the name and sign for goods and services of sponsors.

It is forbidden to provide any information of advertizing nature which moves in the form of the announcer's text and/or soundtrack, on the sponsor in telecasts - the vendor of alcoholic beverages, his name (name) and/or sign for the goods and services belonging to the sponsor.

2. The making or extending goods which advertizing is prohibited by the law cannot be sponsors of person.

3. Cannot be sponsors of person, the making or extending goods, production and/or the address of which is forbidden by the law.

4. The program, the transfer prepared with assistance of the sponsor shall be specified by means of credits or the announcer's text at the beginning and/or at the end of the program, transfer.

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