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LAW OF UKRAINE

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

About advertizing

(as amended on 22-11-2023)

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

1. In this Law the following terms are used in the following value:

1) audiovisual commercial communication advertizing in audiovisual media, namely the image with sound or without it which is created for the direct or mediated promotion of person, the idea and/or goods and extends for cash or other remuneration or for the purpose of self-advertisement. Direct advertizing (advertizing filmlets), sponsorship, telesale and placement of goods, in particular, belong to forms of audiovisual commercial communication (prodakt-pleysment);

2) the affiliate of the subject in the field of audialny or audiovisual media - any legal entity having essential participation in the subject in the field of audialny or audiovisual media or in which such subject has essential participation or with which such subject is under general control of the Third legal entity or physical person;

3) the vendor of advertizing – person fully or partially performing advertizing production;

4) the internal advertizing advertizing placed in houses, constructions including at movie theaters and theaters in time, before demonstration of movies and performances, concerts, and also during the sporting events and sports competitions held in the enclosed space except places of trade (including buffets, booths, stalls) in which information on goods, directly can be placed in these parts sold;

5) the discrimination advertizing advertizing containing or using approvals and/or images which are discrimination on the basis of race, skin color, political, religious and other convictions, sex, age, disability, ethnic or social origin, nationality, marital or property status, the residence, on language or other signs concerning person and/or group of persons;

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

7) measures of advertizing nature - the measures for advertizing distribution providing non-paid distribution of samples of the advertized goods and/or their exchange to consumers of one quantity or one type of the advertized goods on another;

8) discount – the temporary reduction of the price of goods provided to buyers (consumers);

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

10) the user content - the information (including the user video) created and/or distributed by persons on platforms of general access to video and on platforms of general information access or with use of electronic communications;

11) the unfair advertizing advertizing entering or can mislead consumers of advertizing, do harm to persons, the state or society owing to inaccuracy, unauthenticity, ambiguity, exaggeration, concealment, violation of requirements concerning time, the place and method of distribution;

12) person – physical person, including the physical person – the entrepreneur, the legal entity irrespective of pattern of ownership, representation of the nonresident in Ukraine;

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

14) the embedded advertizing - information on the person, the idea and/or product distributed for cash or other remuneration in the audialny or audiovisual media program, materials in another media by means of other advertizing means if such information serves the advertizing purposes and can mislead consumers of advertizing of rather true purpose of such programs or other materials;

15) advertizing - the information on the person, the idea and/or goods distributed for cash or other remuneration or for the purpose of self-advertisement in any form and in any manner and intended to create or support in straight line (direct advertizing, telesales) or indirect (sponsorship, placement of goods (prodakt-pleysment) method awareness of consumers of advertizing and their interest concerning such persons, the ideas and/or goods;

16) advertizing on transport - the advertizing placed in the territory of the companies of common carrier, the subway, the external and internal surfaces of vehicles and constructions of the companies of common carrier and the subway;

17) advertizing filmlet – advertizing distribution form, component syuzhetno the complete audialny, visual or audiovisual work;

18) advertizing means – the means used for bringing advertizing to consumers of advertizing;

19) the advertiser - person which is the customer of production and/or distribution of advertizing;

20) placement of goods (prodakt-pleysment) - form of distribution of advertizing which consists in inclusion for cash or other remuneration directly of goods, services, trademark, other object of intellectual property right under which activities, or recommendations about them to any program, other than advertizing, audiovisual media, including movies, or the user content are performed;

21) the distributor of advertizing – person performing advertizing distribution;

22) social advertizing - the advertizing type covering the socially useful information aimed at the development of the personality and society, at promoting of universal values, healthy lifestyle, inclusive society, at conservation, preserving energy resources, prevention of offenses on ensuring the state sovereignty, safety and defense, patriotic education, education, science, culture, physical culture, sport, history, etc. which distribution does not aim at profit earning and/or does not induce voters to vote for or against certain subject of the electoral process. Information on illumination of the state programs directed to protection of statehood, public order, increase in defense capability of the state and so forth can belong to social advertizing;

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

24) consumers of advertizing – the indefinite group of people to whom advertizing goes;

25) sponsorship - voluntary material, financial, organizational and other support of any activities by physical persons and legal entities for the purpose of promoting of exclusively own name, the name, the commercial (corporate) name, description of goods, trademark which is in property of such persons or legally is used by them;

26) telesale - the form of distribution of advertizing in audiovisual media constituting direct public offer to sign the agreement (offer) on paid provision of certain goods;

27) goods – any subject of the economic address, including products, works, services, securities, trademarks, other objects of intellectual property right.

2. Other terms are used in this Law in the following values:

the terms "professional participant of the capital markets and organized goods markets", "operator of the organized market", "financial instruments", "derivative contract", "capital markets" - in the values given in the Law of Ukraine "About the capital markets and the organized goods markets";

terms of "media", "audiovisual media", "audialny media", "linear audiovisual media", "linear audialny media", "platforms of joint access to video", "platforms of general information access", "the user video", "the program of news", "the program about the current events" - in the values given in the Law of Ukraine "About media";

the term "spam" - in the value given in the Law of Ukraine "About electronic communications".

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 declarations of the physical persons which are not connected with business activity except the cases which are directly provided by this Law.

4. Operation of this law does not extend to election propaganda.

5. For the purposes of this Law advertizing is considered extended and consumed in the territory of Ukraine, in case of set of the following circumstances:

1) the distributor of advertizing does not limit access to it from the territory of Ukraine;

2) the advertized goods are offered to sale to persons who are in the territory of Ukraine.

In case of assessment of the circumstances specified in this part the public authority on which under the law control of observance of requirements of the legislation on advertizing is imposed shall establish compliance to three or more following signs:

content of advertizing is intended completely or mainly for persons which are in the territory of Ukraine;

advertizing is performed in state language;

the seller of the advertized goods or the advertiser has the registered location, permanent or temporary mission, office, branch, the storage or trade facility in Ukraine;

available delivery service of goods to Ukraine or across Ukraine which is offered by the seller of the advertized goods or the advertiser;

available service in field service or the accompanying services in the advertized goods offered by the seller of the advertized goods or the advertiser;

to other signs established by the legislation for position fix of the receiver of electronic services.

6. Provisions of the fifth part of this Article are not applied to the advertizing extended in official languages of the European Union by the legal entity having the location in one or several member states of the European Union.

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 3-1. Joint regulation and self-regulation in the field of advertizing

1. The state according to the Section VII of the Law of Ukraine "About media" encourages joint regulation and promotes development of self-regulation in the field of advertizing, including by determination of requirements to advertizing, by adoption of codes (rules) of creation and distribution of advertizing, in particular:

1) by joint regulation:

concerning sponsorship by vendors of alcoholic beverages, names of alcoholic beverages (only for wine, beer, cider and Perry (without adding alcohol), trademarks under which they are issued, and prodakt-pleysment with use of alcoholic beverages, trademarks under which they are issued;

on advertizing of gamblings and sponsorship with use of trademarks under which activities for the organization and carrying out gamblings are conducted;

on placement of goods (prodakt-pleysment) in audiovisual media;

concerning requirements to distribution to media of information on the sponsor, his name (name), the commercial (corporate) name, description of goods and/or trademark;

about features of sponsorship of children's, documentary and religious programs;

by criteria of determination of the program program about the current events;

2) by self-regulation:

on advertizing of alcoholic beverages - for the purpose of reduction of influence of such advertizing by children;

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