A fine of 5100 hryvnias can be imposed for the announcement "buying hair": where posters cannot be pasted
A simple paper announcement with the words "buying hair," "apartment renovation," or "tutor" can result in a fine. In Ukraine, there are legislative restrictions on placing advertisements and announcements in public places, and unauthorized posting of flyers on poles, bus stops, or other improvement objects can be considered a violation of established rules. Responsibility threatens not only large advertisers but also citizens and entrepreneurs who distribute announcements in unauthorized places.
Where advertising and announcements are prohibited
In Ukraine, it is prohibited to place advertising and advertising media on elements of the contact network, as well as on means and equipment of outdoor lighting.
This prohibition is contained in Article 8 of the Law of Ukraine "On Advertising." The legislation explicitly states that supports of outdoor lighting, supporting and other elements of the contact network cannot be used for placing advertising materials.
Even if it is a small announcement about providing services, looking for clients, or buying goods, placing it on poles or other infrastructure objects may be considered a violation of the law.
What the Law "On Advertising" says
Article 8 of the Law of Ukraine "On Advertising" provides:
"Placement of advertising and/or advertising media on supporting, bearing, and other elements of the contact network, on means and equipment (including poles) of outdoor lighting is prohibited."
Thus, posting advertising announcements on electric poles, lighting poles, trolleybus or tram contact network structures, and other similar objects is a violation of the law.
What fine is provided for illegal advertising placement
Distributors of advertising who violate the established placement procedure may be subject to fines.
According to part four of Article 27 of the Law of Ukraine "On Advertising," for violation of the order of distribution and placement of advertising, a fine equal to five times the value of the distributed advertising is imposed.
If the value of the advertising cannot be determined, the violator may be fined up to 300 non-taxable minimum incomes of citizens. Currently, this amounts to up to 5100 hryvnias.
In addition, for violation of the rules of improvement of settlements, administrative responsibility may arise under Article 152 of the Code of Ukraine on Administrative Offenses. The sanctions of this article provide fines:
- for citizens — from 340 to 1360 hryvnias;
- for officials, individual entrepreneurs, and business entities — from 850 to 1700 hryvnias.
Can you be fined for announcements on poles and stops
Yes. If an announcement is placed on a pole, public transport stop, fence, building facade, or other improvement object without the required permission or outside specially designated places, this may be considered a violation of the rules of improvement of the settlement.
In addition to the requirements of the Law of Ukraine "On Advertising," local improvement rules operate in cities and communities, which prohibit unauthorized placement of announcements and advertising materials in unauthorized places.
What citizens and entrepreneurs should know
Experts emphasize that even a small announcement about selling goods, providing services, or looking for clients can be grounds for liability if it is placed in violation of the law.
Therefore, before placing advertisements or announcements, it is worth making sure that a specially designated place is used and that the method of distribution complies with the requirements of the legislation and the improvement rules of the respective community.
What changes regarding advertising fines are proposed in the Verkhovna Rada
Earlier, the "Judicial and Legal Newspaper" reported that a draft law No. 14346 regarding fines for violations of advertising legislation was registered in the Verkhovna Rada. The document provides for bringing the Law of Ukraine "On Advertising" in line with the Law of Ukraine "On Administrative Procedure."
In particular, it is proposed to clarify the procedure for applying fines and to establish that decisions of the State Consumer Service on their imposition are administrative acts adopted in accordance with the requirements of the Law of Ukraine "On Administrative Procedure."
The authors of the draft law note that the changes aim to unify procedures for holding violators accountable and harmonize current advertising legislation norms with the general rules of administrative procedure.
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