Publication date: 11.07.2024
The procedure for obtaining an advertising permit
Advertising is an integral part of modern business, contributing to the development of enterprises, increasing brand awareness and driving sales. In order to conduct advertising activities in Ukraine, it is necessary to obtain the relevant permits that ensure compliance with legal requirements and standards. In this article, we will review the main aspects of the procedure for obtaining an advertising permit in Ukraine, the regulatory framework, requirements for applicants and the application procedure.
Legal and regulatory framework
The process of obtaining an advertising permit in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Advertising":
- The main law regulating the legal framework for advertising in Ukraine, sets out requirements for the content and form of advertising, the rights and obligations of advertisers, advertisers and distributors of advertising, and liability for violations of the law in this area.
TheLaw of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes consumer rights, obligations of advertisers and the procedure for reviewing consumer complaints about misleading or false advertising.
TheLaw of Ukraine "On Protection against Unfair Competition":
- Defines the legal framework for protection against unfair competition, including advertising that contains false or incomplete information, misleads consumers or discredits competitors.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between advertisers, advertisers and distributors of advertising, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the advertising legislation, non-compliance with the standards and rules of advertising activities.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of advertising, including fraud, misleading consumers and other offences.
Orders and resolutions of executive authorities:
- Establish additional requirements for advertising of certain types of goods and services, regulate the procedure for reviewing complaints and imposing sanctions for violations of advertising laws.
Types of permits for advertising activities
There are several types of advertising permits in Ukraine, depending on the nature and type of advertising activity:
General advertising licence:
- A permit to conduct all types of advertising activities, including creation, production, distribution and placement of advertising in various media.
Outdoor Advertising Permit:
- A special permit for advertising on outdoor media, such as billboards, city lights, billboards, etc.
Permit for advertising in transport:
- A permit to advertise on public transport, including buses, trolleybuses, subways and other types of transport.
Internet advertising permit:
- Permission to conduct advertising activities on the Internet, including contextual advertising, banners, video advertising, etc.
Permit to advertise certain types of goods and services:
- Permission to advertise specific goods and services, such as medicines, alcoholic beverages, tobacco products, financial services, etc. that require additional regulation.
Requirements for applicants
In order to obtain an advertising permit, a business entity must meet a number of requirements set out in the law. The main requirements include:
Organisational and legal form:
- Legal entities and individual entrepreneurs that are registered in accordance with the laws of Ukraine may obtain a permit to conduct advertising activities.
Material and technical base:
- A business entity must have the necessary material and technical base to carry out advertising activities, including equipment, software, office space, etc.
Compliance with legal requirements:
- Advertising activities must comply with the requirements of advertising legislation, including compliance with quality standards, ethical norms, consumer protection and prevention of unfair competition.
Staff qualifications:
- A business entity must have qualified employees who have the necessary knowledge and experience to carry out advertising activities. The staff must have appropriate education, training and certificates.
Nocriminal record:
- Managers and employees of the business entity must not have any convictions for serious crimes, crimes against property, life and health, as well as other crimes provided for by law.
The procedure for applying for a permit
The procedure for applying for an advertising permit includes several stages:
Preparation of documents:
- The applicant must prepare a package of documents required to obtain the permit. This package includes:
- An application for a permit in the prescribed form.
- Copies of constituent documents (for legal entities).
- A copy of the state registration certificate (for individual entrepreneurs).
- Documents confirming the availability of the material and technical base (lease agreements for premises, equipment acceptance certificates, etc.)
- Documents confirming compliance with legal requirements (conclusions of controlling authorities, etc.).
- Qualification documents of employees (diplomas, certificates, work experience certificates, etc.).
- An application for a permit in the prescribed form.
Submission of theapplication:
- The application together with the package of documents is submitted to the licensing authority, which is the National Council of Ukraine on Television and Radio Broadcasting or another competent authority depending on the type of advertising activity. Documents may be submitted in person, by mail or electronically through specialised portals.
Consideration of theapplication:
- The licensing authority considers the application and checks whether the applicant meets the established requirements. This includes verification of the submitted documents and a possible on-site inspection at the place of business.
Making a decision:
- Based on the results of the inspection, the licensing authority makes a decision to issue or refuse to issue an advertising permit. In the event of a refusal, the applicant is provided with a justification of the reasons for the refusal and recommendations for eliminating the deficiencies.
Obtaining the permit:
- In case of a positive decision, the applicant receives a permit for advertising activities, which gives the right to carry out advertising activities within the limits established by law. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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