Ukraine

The State Committee of Ukraine for Technical Regulation and Consumer Policy

National Council of Ukraine on Television and Radio Broadcasting of Ukraine

Article 26.1 of the Law on Advertising designates the authorized agencies. Law on Advertising, Art. 27.2, sets forth the entities that can be held responsible. Fines are provided in Art. 27.4 in the amount of: 1) for advertisers –five times the cost of distributing the advertising; 2) for producers of advertising – five time the cost of producing the advertising; 3) for distributors of advertising – five times the cost of distributing the advertising. For repeat violations, fines are doubled. If the cost of the advertising cannot be determined, fines are set imposed up to “300 minimum personal tax-free incomes.” “Minimum personal tax-free income” is currently 17 UAH. Therefore the fine is 300 x 17UAH = 5100 UAH. Pursuant to the Code on Administrative Offenses, violations of provisions on tobacco advertising contained in the Law on Advertising are subject to “a fine on citizens of from five to ten times the untaxed minimum income of citizens and on officials of the advertiser and/or the distributor of the advertising – from one hundred to two hundred and fifty times the untaxed minimum income of citizens.”

Under the law on Tobacco Control, violations of advertising and promotion provisions will be subject to a fine of “thirty thousand hryvnias, and in case of repeated violations within a year — fifty thousand hryvnias for each fact of advertising on a separate advertising medium or each individual event.”

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the penalty provisions should provide for a range of penalties, including license suspension and corrective action.

The State Committee of Ukraine for Technical Regulation and Consumer Policy

National Council of Ukraine on Television and Radio Broadcasting of Ukraine

Article 26.1 of the Law on Advertising designates the authorized agencies. Law on Advertising, Art. 27.2, sets forth the entities that can be held responsible. The law does not specifically address sponsorship violations; rather it addresses advertising violations. The law is interpreted as applying the fines for advertising violations to violations involving publicity of sponsorship. Fines are provided in Art. 27.4 in the amount of: 3) for advertisers –five times the cost of distributing the advertising; 4) for producers of advertising – five time the cost of producing the advertising; 3) for distributors of advertising – five times the cost of distributing the advertising. For repeat violations, fines are doubled. If the cost of the advertising cannot be determined, fines are set imposed up to “300 minimum personal tax-free incomes.” “Minimum personal tax-free income” is currently 17 UAH. Therefore the fine is 300 x 17UAH = 5100 UAH. Pursuant to the Code on Administrative Offenses, violations of provisions on tobacco sponsorship contained in the Law on Advertising are subject to “a fine on citizens of from five to ten times the untaxed minimum income of citizens and on officials of the advertiser and/or the distributor of the advertising – from one hundred to two hundred and fifty times the untaxed minimum income of citizens.”

Under the Law on Tobacco Control, violations of sponsorship provisions will be subject to a fine of “thirty thousand hryvnias, and in case of repeated violations within a year — fifty thousand hryvnias for each fact of advertising on a separate advertising medium or each individual event.”

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the penalty provisions should provide for a range of penalties, including license suspension and corrective action.