LAW OF THE REPUBLIC OF BELARUS

of May 10, 2007 No. 225-Z

About advertizing

Accepted by the House of Representatives on April 2, 2007

Approved by Council of the Republic on April 20, 2007

Article 1. Scope of this Law

1. This Law extends to the relations arising between state bodies, other organizations, citizens of the Republic of Belarus, foreign citizens, stateless persons (further if other is not provided by this Law, – the organizations and (or) citizens) in production process and (or) placements (distribution) of advertizing in the territory of the Republic of Belarus.

2. This Law does not extend to the relations arising in production process and (or) placements (distribution):

information placed (extended) during election propaganda, propaganda on referendum (popular vote), response of the deputy of the House of Representatives of National assembly of the Republic of Belarus or local council of deputies, member of council of the Republic of National assembly of the Republic of Belarus, and also other information placed (extended) in political goals;

information, obligation on production and (or) placement (distribution) of which it is assigned to the organizations or citizens by the legislation if other is not provided by this Law or other legal acts.

Article 2. The main terms applied in this Law and their determinations

In this Law the following main terms and their determinations are applied:

nonalcoholic beer – products with volume fraction of ethyl alcohol of no more 0,5 of the percent formed in the course of fermentation of beer must made of brewing malt, special brewing malt, hop and (or) the products (hmeleprodukt), the prepared (corrected) water received as a result of conversion of hop with use of beer yeast without addition of ethyl alcohol, fragrances and nutritional supplements except for allowed to application according to the acts of the legislation, international legal acts constituting the right of the Eurasian Economic Union with partial replacement or without partial replacement of brewing malt with grain, and (or) products of its conversion (grain products), and (or) sacchariferous products;

soft beer drink – the nonalcoholic products with volume fraction of ethyl alcohol of no more 0,5 of the percent formed only in the course of fermentation of beer must made of nonalcoholic beer (at least 40 percent of amount of finished goods) and (or) the beer must made of brewing malt (at least 40 percent of mass of raw materials), the prepared (corrected) water without or with addition of grain products, sacchariferous products, hop and (or) hmeleprodukt, fruit (fruit and berry) and other vegetable raw materials, products of their conversion, fragrances, the nutritional supplements allowed to application for soft drinks according to the acts of the legislation, international legal acts constituting the right of the Eurasian Economic Union;

counter-advertizing – information on inadequate advertizing placed (extended) by the advertiser, the advertisement producer or the advertizing distributor who allowed violation of the law about advertizing (further – the violator) based on the decision of state body;

multimedia advertizing (counter-advertizing) – advertizing (counter-advertizing) placed (extended) by means of the program technical means realizing information in sound and (or) visual type (the text, graphics, the photo, video, animation (animation), sound effects, etc.) except for advertizing (counter-advertizing) placed (extended) on television and radio;

outdoor advertizing – the advertizing placed (extended) with use of means of outdoor advertizing on outer sides of capital structures (buildings, constructions) out of capital structures (buildings, constructions) and in underground crosswalks;

inadequate advertizing – doubtful, unfair, unethical, embedded and other advertizing, in case of production and (or) placement (distribution) of which violations of the law are allowed;

not tobacco nicotinocontaining tobacco product – the product containing raw materials of plant and (or) synthetic origin (except for tobacco raw materials) and nicotine, intended for suction, chewing, shuffing, different way of use (consumption) in case of which nicotine gets into human body, except for medicinal and veterinary medicines, liquids for electronic systems of smoking with nicotine content, foodstuff of plant origin;

subject of advertizing – products, goods, work or service (further if other is not provided by this Law, – goods), the organization, the citizen, production facility, the shopping facility, other object of servicing, capital structure (the building, construction), other property, means of individualization of the participant of civil circulation, goods, domain name of the website on the global computer Internet (further – the Internet), other designation (logo, emblem, sign, symbol and another), information resource of the Internet, result of intellectual activities, tender, lottery, game, other game, advertizing or other action, bet, the rights protected by the law interests, obligations of the organizations or citizens, the phenomenon (action) of social nature;

the area of advertizing (counter-advertizing) – the size of the surface which is specially intended and (or) used for placement (distribution) of advertizing (counter-advertizing);

the consumer of advertizing – the organization or the citizen to which attention advertizing is brought;

advertizing – the information on subject of advertizing placed (extended) in any form by means of any means, directed to drawing attention to subject of advertizing, forming or maintenance of interest in it and (or) its market promotion;

advertizing activities – organization activity or the citizen on performance of works on designing, production of advertizing and (or) rendering services in its placement (distribution);

advertizing game – organization activity or individual entrepreneurs, performed by them for the purpose of sales promotion of goods (works, services) and providing draw of prizes between participants of advertizing game, except for to the activities which are not relating to advertizing games according to acts of the President of the Republic of Belarus;

the advertiser – the organization or the citizen, activities or goods of which are advertized or which determined subject of advertizing and (or) content of advertizing or which provide advertizing to the advertizing distributor for its placement (distribution) in the territory of the Republic of Belarus;

the advertisement producer – the organization or the citizen performing production of advertizing by complete or partial finishing it to form, ready for placement (distribution);

the advertizing distributor – the organization or the citizen performing placement (distribution) of advertizing in any form by means of any means;

low alcohol drink – drink (except for dairy drinks, kvass and beer) with volume fraction of ethyl alcohol from 0,5 to 7 percent;

social advertizing – advertizing of the rights protected by the law of interests or obligations of the organizations or citizens, the phenomena (actions) in spheres of health care, education, culture, physical culture and sport, social protection of the population, ensuring the state and (or) public security, environmental protection, rational use of natural, fuel and energy and other types of resources including concerning public health care, promotion of healthy lifestyle, activities of hospices, charity foundations, preserving historical and cultural, spiritual heritage, promotion of national movies, prevention of offenses, emergency situations of natural and technogenic nature, development of international cooperation in the specified spheres, or other phenomena (actions) of social nature which is directed to protection or satisfaction of public or state interests, has no commercial character and which advertisers are state bodies;

means of outdoor advertizing – the advertizing medium used for placement (distribution) of outdoor advertizing, except for the vehicle;

advertizing medium – the technical or other tool which is specially intended and (or) used for placement (distribution) of advertizing.

Article 3. Legal regulation of the relations in the field of advertizing

1. The relations in the field of advertizing are governed by the legislation on advertizing, international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian Economic Union.

2. The legislation on advertizing is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation.

3. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

4. Features of legal regulation of the relations regulated by this Law can be established by the president of the Republic of Belarus.

Article 4. Copyright and related rights to advertizing

Advertizing can be fully or partially object of copyright and the related rights. In this case copyright and the related rights are subject to protection according to the legislation on copyright and the related rights.

Article 5. The bodies performing state regulation in the field of advertizing

State regulation in the field of advertizing is performed by the President of the Republic of Belarus, National assembly of the Republic of Belarus, Council of Ministers of the Republic of Belarus, the Ministry of anti-monopoly regulation and trade, local executive and administrative organs, other state bodies and public institution "Administration of the Chinese-Belarusian industrial park "Great Stone" (further – administration of the park) within their competence.

Article 6. Powers of the President of the Republic of Belarus in the field of advertizing

According to the Constitution of the Republic of Belarus the President of the Republic of Belarus determines single state policy and performs other powers in the field of advertizing.

Article 7. Powers of Council of Ministers of the Republic of Belarus in the field of advertizing

Council of Ministers of the Republic of Belarus in the field of advertizing within the competence:

provides carrying out single state policy;

will organize development and implementation of plans and actions for development of advertizing activities taking into account national interests;

creates Interdepartmental council on advertizing;

establishes procedure for production and placement (distribution) of social advertizing, including procedure for participation of Interdepartmental council on advertizing in quality evaluation of social advertizing;

establishes requirements to investment of funds of outdoor advertizing within roadside strip (controlled area) of the highway, red lines of streets, roads or the areas of settlements, procedure for issue, prolongation of action, renewal and cancellation of permission to placement of means of outdoor advertizing, the list of means of outdoor advertizing which placement is allowed without availability of such permission;

establishes procedure for tendering on the right of investment of funds of advertizing on the real estate which is in state-owned property or property of economic societies, more than 50 percent of shares (share in authorized funds) of which are in property of the Republic of Belarus and (or) its administrative and territorial units, and also on the real estate which is in common ownership of the Republic of Belarus and (or) its administrative and territorial units and (or) economic societies, more than 50 percent of shares (share in authorized funds) of which are in property of the Republic of Belarus and (or) its administrative and territorial units (further – the state-owned real estate);

establishes procedure for approval of outdoor advertizing and advertizing on the vehicle;

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