Law of the Republic of Belarus

May 10, 2007 No 225-Z
[Amended as of July 10, 2015]

On Advertising

Adopted by the House of Representatives on April 2, 2007
Approved by the Council of Republic on April 20, 2007

 

Article 1. Scope of application of this Law

1. This Law covers the relations arising between state bodies, other organizations, citizens of the Republic of Belarus, foreign citizens, stateless persons (unless otherwise provided by this Law – organizations and/or citizens) in the process of production and/or placement (distribution) of advertisements in the territory of the Republic of Belarus.

2. This Law does not cover relations arising in the process of production and/or placement (distribution) of:

information being placed (distributed) in the course of election propaganda, propaganda on referendum (on popular vote), recall of the deputy of the House of Representatives of the National Assembly of the Republic of Belarus or of local Council of Deputies, recall of the member of the Council of the Republic of the National Assembly of the Republic of Belarus and also of other information being placed (distributed) for political purposes;

information, responsibility for production and/or placement (distribution) of which is imposed on the organizations or citizens by the legislation unless otherwise provided by this Law.

Article 2. Main terms used in this Law and their definitions

The following main terms and their definitions are applied in this Law:

counter advertising - information on improper advertisement being placed (distributed) by the advertiser, advertisement producer or distributor, who violated the legislation on advertising (further - violator), on the basis of the decision of a state body;

multimedia advertising (counter advertising) – advertising (counter advertising) being placed (distributed) with the aid of software and hardware means realising the information in an audible and/or visual form (text, graphic art, photo, video, animation, sound effects, etc.) with the exception of advertising (counter advertising) being placed (distributed) on television and radio;

“outdoor advertising ” - advertisements being placed (distributed) on the outer surface of buildings (constructions), outside buildings (constructions) and in underground pedestrian crossings, using technical facilities for outdoor advertising;

improper advertising”- unfair, unreliable, unethical, hidden and other advertising, in production and/or placement (distribution) of which the legislation was violated;

object of advertising - produce, good, work or service (further, unless otherwise provided by this Law, - good), organization or citizen, rights, interests protected by the law or duties of organizations or citizens, means of individualization of participants of civil circulation, goods, intellectual activities results, contests, lotteries, games, other playing, advertising and other events, bets, actions (events) of social character;

advertisement (counter advertisement) space – dimensions of space specially designated and/or used for placement (distribution) of advertisement (counter advertisement);

advertisement consumer - organization or citizen to the notice of which the advertisement is brought;

advertisement – information on the object of advertising, distributed in any form by any means, aimed at attraction of attention to the object of advertising , at formation or maintenance of interest to it and/or its promotion on the market;

advertising activity– activity of an organization or citizen on execution of works on advertisement designing, production and/or rendering services on its placement (distribution);

advertising game – activity of organizations or individual entrepreneurs carried out by them for the purposes of stimulating realization of goods (works, services) and providing drawing of prizes among participants of the advertising game, with the exception of the activity not referred to advertising promotional games in accordance with the acts of the President of the Republic of Belarus;

advertiser - organization or citizen, activity or goods of which are advertised or which have defined the object of advertising and/or advertisement content;

advertisement producer - organization or citizen, producing advertisement by full or partial bringing it up to a form ready for placement (distribution);

advertisement distributor - organization or citizen, carrying out placement (distribution) of advertisement by provision and/or use of necessary property (including technical facilities of broadcasting and television), and also different communication channels, broadcast time and by other means;

low alcoholic beverage - beverage (with the exception of sour-milk drinks, kvass and beer) with ethyl alcohol volume share of 0.5 to 7 percent;

social advertising - advertising of rights, interests protected by the law or duties of organizations or citizens, healthy life-style, measures for health protection, public safety, social protection, crime prevention, environment protection, efficient use of nature resources, Belarusian culture and arts development, international cultural cooperation, programs on issues of education development, state programs in the spheres of health care, education, culture and sport or other actions (events) of social character, which is oriented to the protection or satisfaction of public or state interests, has non-commercial character and the advertisers of which are state bodies;

means of outdoor advertising - technical facility specially designated and/or used for placement (distribution) of outdoor advertising , with the exception of a vehicle;

equivalent sound level – averaged value of sound strength (energy averaging).

Article 3. Treaties of the Republic of Belarus in the sphere of advertising

If a treaty of the Republic of Belarus establishes other rules than those contained in this Law, the rules of the treaty are applied.

Article 4. Copyright and neighbouring rights to advertisement

Advertisement may, fully or partially, be the object of copyright and neighbouring rights. In that case the copyright and neighbouring rights are subject to protection in accordance with the legislation on copyright and neighbouring rights.

Article 5. Bodies carrying out state regulation in the sphere of advertising

State regulation in the sphere of advertising is carried out by the President of the Republic of Belarus, National Assembly of the Republic of Belarus, Council of Ministers of the Republic of Belarus, Ministry of Trade of the Republic of Belarus, local executive and administrative bodies and other state bodies within their competence.

Article 6. Powers of the President of the Republic of Belarus in the sphere of advertising

In accordance with the Constitution of the Republic of Belarus, the President of the Republic of Belarus determines the single state policy and exercises other powers in the sphere of advertising.

Article 7. Powers of the Council of the Republic of Belarus in the sphere of advertising

The Council of Ministers of the Republic of Belarus in the sphere of advertising within its competence shall:

ensure the implementation of the single state policy;

organize development and implementation of plans and arrangements on the development of advertising activity taking into account the national interests;

create the interdepartmental council on advertising;

establish the order of production and placement (distribution) of social advertising, including the order of participation of the interdepartmental council on advertising in assessment of the quality of social advertising;

establish the order of placement (distribution) in the territory of the Republic of Belarus of advertisements of goods produced in this territory, of advertisements of alcoholic beverages in mass media, placement of facilities of outdoor advertising, and also the order of placement (distribution) and consenting the outdoor advertisements, advertisements on automobile vehicles, tramways, trolleybuses, wheeled tractors, road-trains, unless otherwise established by the President of the Republic of Belarus;

carry out international cooperation;

carry out other powers imposed by the Constitution of the Republic of Belarus, laws and acts of the President of the Republic of Belarus.

Article 8. Powers of the Ministry of Trade in the sphere of advertising

The Ministry of Trade of the Republic of Belarus in the sphere of advertising within its competence:

carries out the single state policy;

works out and implements plans and arrangements on the development of advertising activity taking into account the national interests;

exercises state control in the sphere of advertising activity;

prevents facts of improper advertisement;

gives binding proposal s on elimination of the detected violation of the legislation on advertising;

considers appeals of organizations or citizens and other materials on violation of the legislation on advertising;

directs the materials on violation of the legislation on advertising to local executive and administrative bodies for ceasing of placement (distribution) of improper advertisement in the cases established by this Law, bodies of the public prosecutor’s office or other law enforcement bodies;

exercises other powers in accordance with legislation .

Article 9. Powers of local executive and administrative bodies in the sphere of advertising

1. Local executive and administrative bodies in the sphere of advertising in the territory of corresponding administrative and territory units within their competence:

prevent facts of improper advertising;

give binding proposals on elimination of the detected violation of the legislation on advertising;

cease the placement (distribution) of improper advertisement in the cases established by this Law by dismantling means of outdoor advertising, giving binding proposals to the distributors of advertisements on ceasing of placement (distribution) of improper advertisement or by other means;

consider appeals of organizations or citizens and other materials on violation of the legislation on advertising;

direct to the bodies of public prosecutor’s office and other law enforcement bodies materials on violation of the legislation on advertising;

issue permits to the placement of means of outdoor advertising and placement (distribution) of advertisement on automobile vehicles, tramways, trolleybuses, wheeled tractors, road-trains;

exercise other powers in accordance with legislation.

2. Regional, city, including the Minsk city, district executive and administrative bodies exercise control in the sphere of advertising activity.

Article 91. Interdepartmental council on advertising

1. The interdepartmental council on advertising is created by the Council of Ministers of the Republic of Belarus for purposes of improvement of interaction of state bodies and other organisations, advertisement producers, advertisement distributors on issues of creating favourable conditions for sustainable development of advertising market in the Republic of Belarus, protection of the society from improper advertising and also for working out recommendations on implementation of the single state policy in the sphere of advertising, regulation of advertising activity, assessment of the quality of social advertising.

2. Regulations on the interdepartmental council on advertising and composition of the interdepartmental council on advertising shall be approved by the Council of Ministers of the Republic of Belarus.

3. Organizational and informational support of the work of the interdepartmental council on advertising shall be carried out by the Ministry of Trade of the Republic of Belarus.

Article 10. General requirements to advertisement

1. The advertisement being placed (distributed) in the territory of the Republic of Belarus, of goods which are produced in this territory shall be produced only with involvement of organizations of the Republic of Belarus and/or citizens of the Republic of Belarus, unless otherwise is established by legislative acts.

2. Advertisement in the territory of the Republic of Belarus shall be placed (distributed) in Belarusian and/or Russian languages. This provision does not cover the advertisement being placed (distributed) on the radio, television or in printed editions and on information resources of the national segment of the global computer network Internet (hereinafter – the network Internet), which place (distribute) information exclusively in foreign languages, advertisement of registered trade marks and/or service trademarks, and also the advertisement containing generally accepted foreign terms and indications which become to be used in the original writing and which do not have an indication in Belarusian and/or Russian languages, names of goods, stage names, original names of creative teams, works, domain names of sites or offer of employment or study of persons who appointment or studies to the persons, who feel at home with foreign languages, made in foreign languages.

It is possible to use in advertisement a foreign language along with Belarusian and/or Russian languages on condition that content and design of the text in Belarusian and/or Russian languages and of the text in foreign language are identical.

3. Advertisement containing the description of good, name of an organisation, surname, own name, patronymic (if such is available) (hereinafter, unless otherwise provided by this Law – name) of a citizen, trade mark or service mark, image of good or of its packing for retail sale, identical or similar to the extent of confusion to name of alcoholic beverages, trademark used for designation of the name of alcoholic beverages, or an image of alcoholic beverages or their packing for retail trade (hereinafter – advertisement similar to advertisement of alcoholic beverages) is not allowed in the places where, in accordance with this Law and acts of the President of the Republic of Belarus, it is prohibited to place (distribute) advertisement of alcoholic beverages, and also when cultural, educational, sporting and other humanitarian events are organized and held, with the exception of the instances specified in parts three and four of this clause .

Advertisement containing the description of good, name of an organisation, name of a citizen, trade mark or service mark, image of good or of its packing for retail sale, identical or similar to the extent of confusion to a name of tobacco articles, trademark used for description of tobacco articles or image of tobacco articles or of their packing for retail sale (hereinafter – advertisement similar to advertisement of tobacco articles) is not allowed, with the exception of the instances specified if parts three and four of this clause.

Advertisement similar to advertisement of alcoholic beverages, advertisement similar to advertisement of tobacco articles are allowed if they represent an information about an organisation, citizen, productive object, trade object or another object of service and are placed (distributed) on a signboard or signpost or are presented in the form of an interview about activity of an organisation or citizen.

Image of a good or of its packing for retail sale, identical or similar to the extent of confusion, to the image of alcoholic beverages, tobacco articles or their packing for retail sale is allowed in a social advertisement.

All bans established by legislative acts in relation to advertising of such goods are applied to advertising of means of individualization of other goods, of participants of civil turnover, unless otherwise established by part six of this clause.

Bans established by legislative acts in relation to advertising of a good, with the exception of advertising of alcoholic beverages and tobacco articles, do not cover advertising of a means of individualization of a participant of civil turnover, of a good, is such means is also used for designation of another good not prohibited for advertising, of an organisation, and the advertisement contains an indication to such a good, organisation. In that instance the indication shall be made with a font the size of which must be not less than the size of the font used for writing of the means of individualization of a participant of civil turnover, a good, and must be placed (distributed) in advertisement on television and in multimedia advertisement for all duration of the advertisement, and be read out in advertisement on radio.

4. The advertisement containing information on realization of the good which is connected with carrying out entrepreneurial activity by the advertiser, must contain advertiser’s name, its account number of payer, and if the advertiser is citizen carrying out the activity as an individual entrepreneur, - also his surname and initials. In case, if the advertiser is a foreign or international legal person (organization which is not a legal person), foreign citizen or stateless person, and if they have no account number of payer, in the advertisement instead of such number, the name of the country and settlement shall be indicated, in the territory of which the advertiser is situated or permanently resides. Requirements of this clause do not cover the advertisement being placed (distributed) on television and radio, on a means of outdoor advertising, vehicle, through cell mobile communication by telecommunications operators, and also the advertisement being placed (distributed) in the network Internet and containing the link to a site where the information indicated in this clause is placed.

5. Advertisement, containing information about a legal person of the Republic of Belarus is allowed only if that legal person has the certificate on its state registration or has the statute (constituent contract for a commercial organization which operates only on the basis of the constituent contract) with the stamp testifying that the state registration was carried out, with the exception of a legal person recognized as such by the legislation.

Advertisement containing information about a foreign or international legal person (organization, which is not a legal person) is allowed only if that legal person (organization) has a document confirming its registration (legalized extract from the trade register of the country of its establishment or another equivalent proof of the legal status of the organization in accordance with the legislation of the country of its establishment).

Advertisement, containing information about a citizen the activity of which requires the state registration of him as individual entrepreneur in accordance with the legislation, is allowed if only that citizen has the certificate on state registration of individual entrepreneur.

6. Advertisement, containing information on the kind of activity of an organization or citizen which is subject to licensing, is allowed if only that organization or that citizen has a respective special permit (license) (further – the license) for carrying out such kind of activity.

7. Warning notices and other information mandatory for placement in the advertisement must be made by clear letters and in color contrasting with the background color of the advertisement space on which the information is placed.

Footnotes used in the advertisement, specifying the information contained therein, number of phones, domain name of the site, number and date of issue of a printed mass medium containing information about the advertising object shall be made by clear letters and with a font the size of which must be not less then a half of a font size used in the advertisement. Such information in an advertisement on television and multimedia advertisement must take not less than five seconds, when the mentioned advertisement is less than five seconds – be place (distributed) for all duration of the advertisement, and in an advertisement on radio – be read out.

8. Advertisement shall not:

encourage, propagate cult of violence and cruelty or urge to violence, cruelty, dangerous actions, which can do harm to the health of citizens, property of the state, organizations or citizens or threatening their safety, or other actions which violate the legislation;

contain promise or guarantee of future effectiveness (profitability) of the kind of activity being advertised. It is allowed to use in the advertisement information on effectiveness (profitability) of the kind of activity being advertised for a preceding period, if the advertiser has the data of accounting (financial) statements the accuracy of which is confirmed by the auditing organization ( auditor carrying out activity as individual entrepreneur);

contain indication to curative properties of the advertising object, with the exception of advertising of medicines, method for providing medical assistance, works and/or services constituting medical activity, articles intended for medical purposes and medical equipment.

9. In the advertisement it is not allowed to use:

names, pseudonyms, images or statements of the citizens of the Republic of Belarus without their consent or without the consent of their legal representatives, unless otherwise provided by this Law or by the President of the Republic of Belarus;

images or statements of medical or pharmaceutical staff, non-commercial organizations carrying out activity in the sphere of public healthcare, except for such usage in social advertisement, advertisement of medical activity of the advertiser, and also in the advertisement consumers of which are exclusively medical or pharmaceutical staff and which is placed (distributed) in the location of medical or pharmaceutical exhibitions, seminars, conferences and other similar events or in specialized printed publications oriented to medical or pharmaceutical staff;

names of organizations, trademarks and/or service trademarks, emblems and other symbols, images of property of organizations or citizens by persons who have no right to such usage;

other information, which is not allowed to be used in advertisement according to the laws, acts of the President of the Republic of Belarus or treaties being in effect for the Republic of Belarus.

10. It is not allowed to advertise:

goods prohibited for production and/or realization in accordance with the legislation, or the activity carrying out of which is prohibited by the legislation;

goods subject to obligatory confirmation of conformity in the Republic of Belarus, but which do not have a document of evaluation of conformity to the requirements of technical normative legal acts in the sphere of technical regulation and standardization;

narcotic drugs, psychotropic substances, their precursors for the purposes of their illegal usage, analogues of narcotic drugs, psychotropic substances, information about which is placed on the official site of the Ministry of Internal Affairs of the Republic of Belarus in the network Internet;

demand and/or offer of human organs and/or tissue;

pornographic materials, printed editions, images or other items of a pornographic nature;

to involve potential victims in traffic in human beings, provision of sexual services disguised as legal activity, antisocial behaviour;

disclosing, directly or indirectly, data constituting state secrets of the Republic of Belarus;

substitutes of breast milk (infant milk mixtures) in mass media, with the exception of placement (distribution) of such advertisements in specialized printed editions oriented at medical or pharmaceutical staff;

works, services (activity) of hypnotists, paranormalists, fortunetellers, spiritists, astrologers, magicians, soothsayers, other persons who declare or consider themselves to be able to predict events, influence people, spiritual life, property, environment by using supernatural abilities or powers, and also services on training for the mentioned activities;

services of sexual nature, including under a disguise of psychological help, communication, massage, pleasant pastime, other lawful activities;

activity of person not registered as legal persons or individual entrepreneurs in the Republic of Belarus on attracting monetary means, electronic money and other property of citizens against payment of income.

11. In the premises where state bodies are located, with the exception of the bodies of foreign relations of the Republic of Belarus, it is not allowed to place (distribute) advertisement, with the exception of social advertisements, advertisements of state organizations and the advertisement being placed (distributed) in such premises by means of television, radio or printed editions.

12. It is not allowed to place (distribute) advertising materials imported into the territory of the Republic of Belarus with violation of customs legislation, including without paying of customs payments.

Article 11. Advertisement in mass media

1. Advertisements in mass media, which are not registered as specialized ones for placement (distribution) of advertisement shall not exceed:

25 percent of the content of one issue of state periodical printed editions;

30 percent of the content of one issue of other periodical printed editions;

20 percent of broadcasting volume of radio and television programs within the twenty-four hours. In that instance within the period from 6 p.m. to 10 p.m. advertisements shall not exceed 16 minutes within every hour.

2. At broadcasting of radio and television programs it is not allowed to interrupt the following by advertisements or to combine with advertisements, including advertisement in the form of news ticker:

public speeches of the President of the Republic of Belarus, Prime-Minister of the Republic of Belarus, Chairman of the Council of the Republic of the National Assembly of the Republic of Belarus, Chairman of the House of Representatives of the National Assembly of the Republic of Belarus, broadcastings of sessions of the House of Representatives and the Council of the Republic of the National Assembly of the Republic of Belarus, state events, funeral and other official ceremonies;

religious programs;

child programs, with the exception of child feature films;

programs with duration of less than 15 minutes;

programs, including radio shows and feature films, without consent of right holders.

3. Educational programs with the time of broadcasting of15 minutes and more, and also child feature films maybe interrupted by advertisements in the very beginning and before ending of the program for a period not exceeding 60 seconds. Object of advertising and content of such advertisement shall correspond to peculiarities of child and juvenile viewing audience.

4. Live or record broadcasting of a sport competition may be interrupted by advertisements only in the breaking periods in the course of sport competitions or during stoppage thereof. Live or record broadcasting of sport competition, which does not foresee breaking periods or stoppage, maybe interrupted by advertisements in such way, that no part of essential information on sport competition would be lost.

5. Duration of every interruption of a program by advertisements, including a feature film, may not exceed six minutes, with the exception of the period from 18.00 to 22.00.. It is allowed to interrupt programs by advertisements, including feature films, not more than four times within an hour of the broadcasting time.

6. Advertisement in the form of overlapping, including by means of roll titles, must be placed along the edges or in the corner of the frame and may not:

exceed 7 percent of frame space;

be overlapped on the subtitles, and also on the inscriptions of explanatory nature.

7. Placement (distribution) of advertisements of erotic products, of products containing erotic elements, and also of services connected with distribution of such products is allowed on television and radio from 24.00 to 4.00.

8. It is not allowed to advertise beer and low alcohol beverages, produced outside the territory of the Republic of Belarus, and civil weapons allowed for circulation in the territory of the Republic of Belarus more than two times within every interruption of the program by advertisements.

9. Restrictions established by this article, do not cover advertisements being placed (distributed) in the place of event being broadcasted live or in record, with the exception of shows specially made for broadcasting.

10. Requirements clauses 1 - 9 and 11 of this article do not cover information being placed (distributed) in radio and TV programs:

about those radio and TV programs, including the information on radio and TV programs name, frequency of program broadcasting, program logotype;

about broadcasts forming those radio and TV programs.

11. Parameters of correlation of the equivalent sound level of the advertisement, report about its subsequent broadcasting and and the equivalent sound level of the program being broadcasted, interrupted by the advertisement, and also methods of measurement of the equivalent sound level of the advertisement and the equivalent sound level of the program being broadcasted, interrupted by the advertisement, are determined by the binding requirements of technical normative legal acts.

Article 12. Advertising with use of telecommunications

1. Placement (distribution) of advertisements by means of phone, telex, fax, cellular communications and e-mail is allowed only with the consent of the subscriber or addressee on getting advertisements. Advertisement distributor is obliged, upon the first demand of that subscriber or addressee, to stop without delay the placement (distribution) of the advertisements to the address of that subscriber or addressee. In case if the consent of the subscriber or addressee to receive advertisements in included in a contract on providing services of of phone, telex, fax, cellular communications and e-mail, concluded with the subscriber or addressee in writing, the subscriber or addressee must be informed about the right to request from advertisement distributor to stop without delay the placement (distribution) of advertisements to his address, about which the contract must contain a respective notice, verified by the signature of the subscriber or addressee.

2. At rendering reference or other information services with usage of telecommunication the placement (distribution) of advertisements is allowed only after submission of reference or other information requested by the subscriber, and this placement (distribution) should be forestalled by the message about subsequent placement (distribution) of advertisements. In that instance before rendering reference or other information service the subscriber should be warned about the possibility of disconnection right after getting the reference or other information in the case of his/her refusal of getting the advertisement. The time within which the notice is placed (distributed) shall not be taken into account at determining of the cost of telecommunication services for advertisement consumers.

3. Placement (distribution) of advertisements by using of free phone numbers of militia, ambulance service, bodies and subdivisions on emergency situations or other similar services is prohibited.

Article 13. Outdoor advertising

1. Outdoor advertisements shall be produced by organizations and/or citizens of the Republic of Belarus, and advertising of goods shall be carried out only with participation of citizens of the Republic of Belarus, unless otherwise is established by legislative acts.

2. Placement of a mean of outdoor advertising by an organization, individual entrepreneur, notary, advocate or a citizen carrying out artesanal craft activity or activity in the field of agroecotourism is allowed if there is the permission of a respective Minsk city, city (cities of regional subordination), district executive committee, issued in the order established by the Council of Ministers of the Republic of Belarus, unless otherwise established by the President of the Republic of Belarus. List of means of outdoor advertising for which such a permission is not required is established by the Council of Ministers of the Republic of Belarus. In the instance of placement of a means of outdoor advertising within the limits of the roadside strip (controlled zone) of a motor road, building lines of streets, roads and squares of settlements, such a permission shall be issued by the mentioned local executive and administrative body after obtaining consent of a respective directorate of the State Automobile Inspection of the Ministry of Internal Affairs of the Republic of Belarus, directorate of the State Automobile Inspection of the main directorate of internal affairs of the Minsk City Executive Committee, directorate of the State Automobile Inspection of the directorate of a regional executive committee, department of the State Automobile Inspection of the directorate, department of internal affairs of a district executive committee, in the territory of which the means of outdoor advertising is located.

An outdoor advertisement must be agreed by the organization, individual entrepreneur, notary, advocate or a citizen carrying out artesanal craft activity or activity in the field of agroecotourism, which obtained a permission on placement of a means of outdoor advertising with the respective Minsk city, city (cities of regional subordination), district executive committee. When such agreeing is available, subsequent placement (distribution) of an outdoor advertisement is allowed without repeat agreeing. The order of agreeing outdoor advertisements is established by the Council of Ministers of the Republic of Belarus, unless otherwise established by the President of the Republic of Belarus.

3. It is not allowed to place a means of outdoor advertising within right-of-way of motor roads and rail roads.

Article 14. Advertisements on a vehicle

1. Placement (distribution) of advertisements on a vehicle shall not threaten the safety of traffic.

2. Placement (distribution) of advertisements on an automobile vehicle, tramway, trolleybus, wheeled tractor, road train by an organization, individual entrepreneur, notary, advocate or a citizen carrying out artesanal craft activity or activity in the field of agroecotourism is allowed after agreeing advertisement with the respective Minsk city, city (cities of regional subordination), district executive committee in the territory of which the given vehicle is registered. Such agreeing shall be carried out after the mentioned local executive and administrative body agrees advertisement with the respective directorate of the State Automobile Inspection of the main directorate of internal affairs of the Minsk City Executive Committee, directorate of the State Automobile Inspection of the directorate of a regional executive committee, in the territory of which the given vehicle is registered. Such agreeing shall be carried out in the order established by the Council of Ministers of the Republic of Belarus.

3. Placement on an automobile vehicle, tramway, trolleybus, wheeled tractor, road train of information about the organization or individual entrepreneur which carry out transportation of passengers and/or cargoes on the given vehicle in accordance with legislation or about the the owner of that vehicle, trade marks or service trademarks being used for goods designation of indicated organization and/or individual entrepreneur, image of goods of the mentioned persons, and also of information on sale of that vehicle is allowed without agreeing with bodies specified in clause 2 of this article.

4. Placement (distribution) on vehicles of advertisements accompanied by sound, with the exception of placement (distribution) of such advertisements within cabins of vehicles, is not allowed.

Article 15. Advertising of medicines, methods for providing medical assistance, works and/or services constituting medical activity, articles intended for medical purposes and medical equipment

1. Advertising of medicines, methods for providing medical assistance, works and/or services constituting medical activity, articles intended for medical purposes and medical equipment is allowed only if the advertiser has the consent of the Ministry of Health of the Republic of Belarus. This requirement does not cover advertisements:

consumers of which are exclusively medical or pharmaceutical staff and which is placed (distributed) in the location of medical or pharmaceutical exhibitions, seminars, conferences and other similar events;

of medicines, methods for providing medical assistance, works and/or services constituting medical activity, articles intended for medical purposes and medical equipment, placement (distribution) of which is carried out in specialized printed editions the list of which is approved by the Ministry of Health of the Republic of Belarus;

of works and/or services constituting medical activity, containing exclusively data indicated in the license for medical activity and contact information.

2. It is prohibited to advertise:

medicines nor registered in the Republic of Belarus in the order established by legislation, articles intended for medical purposes and medical equipment with the exception of the instance provided by clause 6 of this article;

methods for providing medical assistance not allowed for application by the Ministry of Health of the Republic of Belarus in the order established by legislation;

works and services in the field of health care not being works and services constituting medical activity.

3. Placement (distribution) of advertisements of medicines which are sold only on a prescription of a doctor, of articles intended for medical purposes and medical equipment the use of which requires special knowledge is allowed only in specialized printed editions specified in indent three of clause 1 of this article, and also in the places of holding medical or pharmaceutical exhibitions, seminars, conferences and other similar events.

4. Advertisements of medicines, methods for providing medical assistance, works and/or services constituting medical activity, articles intended for medical purposes and medical equipment must contain an indication that the given information is of advertising nature.

5. Advertisements of medicines, articles intended for medical purposes and medical equipment must contain:

name of a medicine, article intended for medical purposes and medical equipment;

information about the fact that object of advertising is a medicine, article intended for medical purposes and medical equipment;

name of the manufacturer (producer) of the medicine, article intended for medical purposes and medical equipment;

recommendation on the necessity to familiarize with the instructions on medical use and/or of a consultation with a doctor (for advertisements of a medicine, article intended for medical purposes and medical equipment). This requirement does not cover advertisements consumers of which are exclusively medical or pharmaceutical staff and which is placed (distributed) in the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events or in in specialized printed editions the list of which is approved by the Ministry of Health of the Republic of Belarus.

Information about the fact that object of advertising is a medicine, article intended for medical purposes and medical equipment, and also recommendation on the necessity to familiarize with the instructions on medical use and/or of a consultation with a doctor shall be read out on radio, on television they shall be given not less than five seconds or seven percent of the frame space, and when being placed (distributed) by other methods – not less than five percent of the advertisement space.

6. Advertising of medicines, articles intended for medical purposes and medical equipment carried out within the framework of clinical tests of those medicines, articles intended for medical purposes and medical equipment, held for purposes of their subsequent state registration is allowed in the order determined by the Ministry of Health of the Republic of Belarus.

7. Advertising of medicines, methods for providing medical assistance, works and/or services constituting medical activity, articles intended for medical purposes and medical equipment may not contain:

statements about therapeutic effects of a medicine in respect of diseases which are not curable or cured hardly;

information addressed directly to minors;

information on indications, methods of administration, therapeutic effects of the object of advertising which do not correspond to reality, contained in the instructions on ist medical application;

statements that curative (therapeutic) effect from application of the object of advertising is absolutely guaranteed;

information than medicines, articles intended for medical purposes and medical equipment have passed non-clinical studies and clinical trials;

references to specific cases of cure after application of the object of advertising, expression of gratitude therefor;

information creating impression that there is no need to contact a doctor in case of application of the object of advertising and/or that it is possible to receive services on diagnosing of the illnesses and of receiving recommendations on their treatment without direct contact with a doctor;

statement or suggestion that advertisement consumers have one or another conditions which require application of the object of advertising or statements which create the impression for a healthy man about the necessity to take the object of advertising;

indication to a possibility to get any form of remuneration in case of acquisition of the object of advertising in advertisements of medicines, articles intended for medical purposes and medical equipment;

recommendations of state bodies and other organizations being used for purposes of increasing the advertising effect.

8. Other requirements for advertisements of medicines, methods for providing medical assistance, works and/or services constituting medical activity, articles intended for medical purposes and medical equipment are established by the Ministry of Health of the Republic of Belarus upon obtaining consent of the Ministry of Trade of the Republic of Belarus.

Article 151. Advertising of bioactive food additives

1. Advertising of bioactive food additives is allowed only when the advertiser has obtained consent of the Ministry of Health of the Republic of Belarus.

2. Advertisements of bioactive food additives must contain:

indication that the given information has an advertising nature;

name of bioactive food additive;

name of bioactive food additives manufacturer (producer);

information that the object of advertising is a bioactive food additive, is not a medicine and is not intended for treatment of illnesses;

information about the necessity to familiarize with the recommendations on using the bioactive food additive.

Information that the object of advertising is a bioactive food additive and also about about the necessity to familiarize with the recommendations on using the bioactive food additive, on radio must be read out, on television it shall be given not less than five seconds or seven percent of the frame space, and when being placed (distributed) by other methods – not less than five percent of the advertisement space.

3. It is prohibited to advertise bioactive food additives which did not pass the state registration in the established order.

4. Advertisements of bioactive food additives may not contain:

information addressed directly to minors;

statement or suggestion that advertisement consumers have one or another conditions which require application of the object of advertising or statements which create the impression for a healthy man about the necessity to take the object of advertising;

indication to a possibility to get any form of remuneration in case of acquisition of the object of advertising;

data not corresponding to the information contained on consumer label of the bioactive food additive.

5. Other requirements for advertisements of bioactive food additives are established by the Ministry of Health of the Republic of Belarus upon obtaining consent of the Ministry of Trade of the Republic of Belarus.

Article 16. [Excluded]

Article 17. Advertising of alcoholic beverages and tobacco products

1. It is prohibited to place (distribute) advertisements of alcoholic beverages:

on radio and television;

in buildings (premises, structures) of organizations of education, organizations of health care, culture, physical culture and sports;

at airports, ports, at the stations, at public transport stops, at underground stations;

on vehicles, including those being in personal use of citizens;

on posters, stands, light panels and other means of outdoor advertising;

on the front and last pages of newspapers or on the front and last pages or covers of magazines, other periodicals;

in editions, mass media oriented to citizens under 18 years or specialized in the issues of ecology, education, health protection;

on sport goods and/or toys;

containing the information on physical, chemical, and other consumer properties of alcoholic beverages, their price, images of alcoholic beverages and their consumer container (package), name of kinds of indicated beverages, except for advertisements being placed (distributed) at the points of sale of alcoholic beverages and on sites of their producers in the network Internet;

using images of people and animals, including drawn and cartoon (animation) ones, with the exception of using such images in the registered trade marks used for designation of alcoholic beverages;

using images, statements, convincing that consumption of alcoholic beverages helps to achieve success or makes better physical or psychical state of a man;

having pictures or text, calling to take those beverages.

2. It is prohibited to organize and hold contests, lotteries, games, other playing, promotional, cultural, educational and sport events, bets for stimulating realization of alcoholic beverages.

It is prohibited to distribute alcoholic beverages free of charge (gratis) (except for tasting carried out for marketing purposes), including granting more than five liters of such beverages as prizes (presents) when holding contests, lotteries, games, other playing, promotional, cultural, educational and sports events, bets.

3. It is prohibited to place (distribute) advertisements of tobacco products, to distribute tobacco products free of charge (gratis), including usage of them as prizes (presents) when holding contests, lotteries, games, other playing, promotional, cultural, educational and sport events, bets, and also to offer citizens buying tobacco articles or presenting evidence of such purchase, of goods or rights to participate in contests, lotteries, games, other playing or promotional events, bets.

4. [Excluded]

5. At organization and holding cultural, educational, sport and other humanitarian events it is prohibited to place (distribute) advertisements containing the names of sorts and trademarks used for designation of alcoholic beverages.

6. Advertisement of alcoholic beverages must contain a warning notice about the harm their excessive consumption which must occupy not less than ten percent of the advertisement space and be placed (distributed) in multi media advertisements for all duration of the advertisement.

Requirement on placing a warning notice does not cover advertisements being placed (distributed) in places of production of alcoholic beverages, and also on exhibitions equipment in the places of holding specialized exhibitions of those beverages.

7. The President of the Republic of Belarus may establish other restrictions on advertising of alcoholic beverages.

Article 18. Advertising of beer and low alcoholic beverages

1. It is prohibited to place (distribute) advertisements of beer and low alcoholic beverages:

on radio and television from 7.00 to 22.00;

in buildings (premises, structures) of organizations of education, organizations of health care, culture, physical culture and sports;

at airports, ports, stations, with the exception of stationary trade units of public catering located in their territories;

at public transport stops, at metro stations;

on vehicles, including those being in personal use of citizens;

on posters, stands, light panels and other means of outdoor advertising;

on the front and last pages of newspapers or on the front and last pages or covers of magazines, other periodicals;

in editions, mass media oriented to citizens under 18 years or specialized in the issues of ecology, education, health protection;

using images of people and animals, including drawn and cartoon (animation) ones, with the exception of using such images in the registered trade marks used for designation of beer;

using images, statements, suggesting that consumption of beer or low alcoholic beverages helps to achieve success or improve physical or psychical state of a man;

using images, statements, making an impression that beer or low alcoholic beverages are harmless or useful for the health or are one of the ways of slaking thirst;

calling for consumption of beer or low alcoholic beverages or discrediting the abstinence from their consumption.

Requirements of indents one - eight of part one of this clause shall not be applied to advertisements of beer contained exclusively the information about the producers of beer, including their name (firm name), and about the registered trade marks used for designation of beer, with the exception of such advertisements in the buildings (premises, constructions) of educational institutions, health care organizations.

2. It is prohibited to organize and hold contests, lotteries, games, other playing, promotional, cultural, educational and sport events, bets for stimulating realization of beer and low alcoholic beverages.

It is prohibited to distribute beer and low alcoholic beverages free of charge (gratis) (except for tasting carried out for marketing purposes), including granting more than five liters of such beverages as prizes (presents) when holding contests, lotteries, games, other playing, promotional, cultural, educational and sports events, bets.

21. Advertisement of beer and low alcoholic beverages must contain a warning notice about the harm their excessive consumption which must occupy not less than ten percent of the advertisement space and be placed (distributed) in multi media advertisements for all duration of the advertisement, and in advertisement on radio – to be read out.

Requirement on placing a warning notice does not cover advertisements being placed (distributed) in places of production of beer and low alcoholic beverages, and also on exhibitions equipment in the places of holding specialized exhibitions of those beverages, and also advertisements of beer contained exclusively the information about the producers of beer, including their name (firm name), and about the registered trade marks used for designation of beer.

3. The President of the Republic of Belarus may establish other restrictions on advertising of beer and low alcoholic beverages.

Article 19. Advertising of weapons and products for military purposes

1. Advertising of weapons and products for military purposes, with the exception of advertising of civil weapons permitted for turnover in the territory of the Republic of Belarus, is carried out for purposes of military-technical cooperation of the Republic of Belarus with foreign states and is allowed only in the points-of-production, -realization and -exhibiting, and also in mass media edited by organisations established by the Ministry of Defence of the Republic of Belarus and/or State Military Industrial Committee of the Republic of Belarus.

2. Advertising of civil weapon permitted for turnover in the territory of the Republic of Belarus is allowed only in printed publication oriented to users of those weapons, on television and radio from 22.00 to 7.00 in the points-of-production, -realization and -exhibiting thereof, and also in the places allocated for shooting practice.

Article 20. Advertising of employment and studying of citizens outside the Republic of Belarus

1. Advertising of employment outside the Republic of Belarus of citizens of the Republic of Belarus, foreign citizens and stateless persons, which reside permanently in the territory of the Republic of Belarus, is allowed if only the advertiser has obtained consent of the Ministry of Internal Affairs of the Republic of Belarus.

2. Advertising studies outside the Republic of Belarus of citizens of the Republic of Belarus, foreign citizens and stateless persons, which reside permanently in the territory of the Republic of Belarus, is allowed if only the advertiser has obtained consent of the Ministry of Internal Affairs of the Republic of Belarus and the Ministry of Education of the Republic of Belarus.

Article 201. Issue of advertising materials related to specific goods (works, services)

Issue by a legal person of the Republic of Belarus having a license for carrying out activity related to cryptographic protection of the information and to means for surreptitious obtaining of information of advertising materials related to that licensable activity is subject to obtaining consent of the Committee of State Security of the Republic of Belarus.

Article 21. Advertising of realtor services

1. A realtor organization is entitled to advertise only its own activity.

2. A realtor organization is entitled to advertise a real estate object only with the consent of the consumer after concluding a contract on rendering realtor services. At that a realtor organization, after concluding a contract on rendering realtor services with the consumer who acquires the rights to the real estate object, shall stop advertising the object for a period, indicated in the contract.

Article 211. Advertising of cultural and entertainment events

1. The organizer of a cultural and entertainment event and other persons are not entitled to announce in mass media a program of the cultural and entertainment event and distribute advertising materials on its holding prior to obtaining by the organizer of the cultural and entertainment event of the certificate for the right to organize and hold the cultural and entertainment event in the territory of the Republic of Belarus in the instances when obtaining of such certificate is mandatory.

2. An advertisement of a cultural and entertainment event must indicate:

data about the organizer of the cultural and entertainment event must (name and location of the legal person of the Republic of Belarus, foreign and international organization, including that non being a legal person, name of the individual entrepreneur registered in the Republic of Belarus, foreign citizen, stateless person) and its contact telephone numbers;

data about the certificate for the right to organize and hold the cultural and entertainment event in the territory of the Republic of Belarus (registration number, date of date of adoption of the decision on its issuance, name of the issuing body) in the instances when obtaining of such certificate is mandatory (with the exception of advertising on radio and outer advertising;

information on the specifics of the cultural and entertainment event (whether or not a phonogram is used);

other information provided for by the legislation.

Article 22. Advertising of securities and services connected with attraction, using of monetary means of organizations and/or citizens

1. In production and/or placement (distribution) of advertisements of securities, banking, insurance or other services, connected with attraction, using of monetary means of organizations and/or citizens, it is not allowed:

to guarantee dividend rates on ordinary (common) shares;

to advertise securities prior to state registration of the data on their issuance (emission);

to announce a growth of the market value of securities;

to advertise securities being proposed for public sale, without publication of the brief information on such a sale attested by the Ministry of Finance of the Republic of Belarus.

2. Advertisements of securities shall not contain the information, contradicting the texts of brief information attested by the Ministry of Finance of the Republic of Belarus and registered prospectus of the issue.

Advertisements of securities shall contain dividend rates paid on such securities within last financial year, if that type of securities provides dividends payment, date and number of registration of issue of the securities advertised, place of their registration and place of familiarization with the conditions of the issue.

In case of placing (distributing) of improper advertisements of securities, the Ministry of Finance of the Republic of Belarus is entitled to suspend or prohibit the placement of issue of those securities. At that all the losses inflicted on organization or a citizen as a result of such a suspension or prohibition are indemnified at the expense of advertiser.

3. Advertisements on attraction by banks and non-bank credit and finance organizations of monetary means, precious metals and/or precious stones in deposit shall contain the amount of interest paid on deposits. If interest on deposit may be decreased by the deposit taker unilaterally in accordance with the contract of bank deposit, advertisements must contain information about the possibility of such decrease. Such information in advertisements on radio shall be read out, on television it shall be given not less than five seconds or seven percent of the frame space, and when advertisements are being placed (distributed) by other methods – not less than five percent of the advertisement space.

4. It is not allowed to use in advertisements the words “exchange”, “stock exchange”, “bank” or “non-bank credit and financial organization” accordingly in the names of advertisers not being exchanges, stock exchanges, banks or non-bank credit and financial organizations.

Article 23. Promotional games and advertising of lotteries, games, other playing, promotional and entertaining events, bets, gambling establishments

1. The order of carrying out promotional games in the territory of the Republic of Belarus is determined by the President of the Republic of Belarus.

2. Advertisements of lotteries, games, other playing, promotional and entertaining events, bets shall contain telephone numbers, domain name of the site or the number and date of the issue of the printed edition containing information on those lotteries, games, other playing, promotional and entertaining events, bets, and also information on the deadlines of drawing of the prize fund if the lottery, winning fund of the electronic advertisement game, names and deadlines for holding a promotional game, deadlines for holding other playing, promotional and entertaining events, bets, if the mentioned events provide for such deadlines.

Advertisement of lotteries, games, including promotional and gambling games shall not:

create an impression that winnings are guaranteed to each participant of those events;

create an impression that participation of gambling games, bets is a method of obtaining earnings or obtaining other income or another method of getting means of subsistence;

contain statements that participation in gambling games, bets has an importance for achieving public appreciation, professional, sporting or personal success;

contain images of minors;

contain expressions which exaggerate the probability of obtaining winning or downplay the degree of risk;

condemn non-participation in lotteries, games, including promotional and gambling games.

Advertisements of a lottery, an electronic interactive game or a promotional game held in the territory of the Republic of Belarus must contain the number of the certificate on state registration of the promotional game, date of registration of the lottery, electronic interactive game in state registers of lotteries, electronic interactive games or the date of adoption of a decision on the state registration of the promotional game, and also the name of the body which issued the respective permission, with the exception of advertisements being placed (distributed) on radio, outdoor means of advertising, vehicle, by means of cell mobile telecommunications by telecommunication operators, being placed (distributed) in the network Internet and containing a reference to the site on which the data specified in this clause are placed.

It is prohibited to place (distribute) advertisements of gambling establishments and gambling games:

on television and radio from 7.00 to 22.00;

in buildings (premises, structures) of education institutions, organizations of healthcare, culture, physical culture and sport (with the exception of premises of bookmaker's cash offices and totalizators, placed in their territory);

in editions, mass media oriented to citizens under 18 years or specialized in the issues of ecology, education, health protection;

on toys.

It is prohibited to organize and hold contests, lotteries, games, other playing, promotional events, bets for stimulating realization of services of gambling establishments and gambling games.

Article 24. Social advertising

1. Activity of organizations or citizens on placing (distributing) social advertisements, and also on transferring of their property to other organizations or citizens for placing (distributing) social advertisements shall be carried out on a free-of-charge basis. Organizations and citizens are entitled to assist state bodies in production of social advertisements in the order established by the Council of Ministers of the Republic of Belarus and apply to state bodies with an initiative on production and/or placement (distribution) of social advertisements.

Placement (distribution) of improper social advertisements, and also of social advertisements the quality of which is recognized by the Interdepartmental council on advertising as improper is not allowed.

2. Advertisement distributors – legal persons which are entrusted with functions of the editorial boards of mass media are obliged to carry out placement (distribution) of social advertisements, provided by advertisers thereof, within the limits of 5 % of broadcasting volume (main print space) per day which was allotted for advertising.

Advertisement distributors not being legal persons which are entrusted with functions of the editorial boards of mass media are obliged to carry out placement (distribution) of social advertisements provided by advertisers thereof, within the limits of 5% of annual value of services on placing (distributing) advertisement which are rendered by them, calculated on the results of the previous financial year.

3. The order of production and placement (distribution) of social advertisements, including the order of participation of the Interdepartmental council on advertising in assessment of the quality of social advertisements is established by the Council of Ministers of the Republic of Belarus.

4. It is allowed to mention in social advertisements organizations and/or individual entrepreneurs, which provided gratuitous (sponsor) aid for holding of the event being advertised in the sphere of culture, physical culture and sport, some organizers of which are state bodies. The total duration of such mentioning shall not exceed three seconds on radio, three seconds – on television and in multi media advertisements, and it shall be given seven percent of the frame space, and when advertisements are being placed (distributed) by other methods – not less than five percent of the advertisement space.

The said mentioning on television must be made as ticker or by the method of overlapping and contain exclusively the name of the sponsor.

Social advertisements of an event in the sphere of culture, physical culture and sport, an organizer of which is the local executive and administrative body and other state bodies are not among organizers, containing the mentioning indicated in part one of this clause, when being placed in mass media, may be placed (distributed) only in local mass media, with the exception of events being held according to a decision of the President of the Republic of Belarus or upon his consent.

Article 25. Protection of minors while producing and/or placing (distributing) advertisements

For purposes of protection of minors while producing and/or placing (distributing) advertisements it is not allowed:

to show minors in dangerous places and situations;

to discredit parents’ (tutors’, guardians’) authority, to shatter minors’ confidence in those persons;

to suggest to minors to persuade their parents or others to buy goods being advertised;

to call attention of minors to the fact that possession of certain goods gives them priority before other minors, and also that absence of those goods provides inverse effect;

to underestimate the level of skills necessary for minors to use the good, and also to create a wrong idea about age group of minors whom those goods are oriented to;

to create for minors a distorted idea about the price of the good for a minor, particularly by using the words “only”, “merely” and the like, and also by directly or indirectly pointing out that the product being advertised is affordable for any family budget.

Article 26. Improper advertisements

1. Improper advertisements are advertisement containing false and other untrue data about goods, kind of advertiser’s activity, distribution of which can lead to violation or violates rights and legally protected interests of an organization or citizen, including in respect of:

composition, method and date of manufacture, intended purpose, consumer properties, usage conditions, presence of a document on conformity assessment and marks of conformity, quantity and place of origin and other characteristics of good;

availability of the good on the market, possibility to purchase it in the indicated volume, period of time and place;

price and terms of payment for the good at the moment of placement (distribution) of advertisements (for electronic mass media the moment of placement (distribution) of advertisements is deemed to be the date of its publication; for periodical printed publications – the period before publication of the next issue, but not more than one month; for mailing advertisements – two days after sending thereof (according to the date of postmark); and for other advertisements – one month);

delivery, exchange, return, repair and service period of the good;

guarantee obligations, life time, expiration date and/or shelf life of the good;

official or public recognition of the good, awarding medals, prizes, diplomas and other rewards to it;

presentation of information about methods of purchasing full product line, if it is a part of it;

using words in the superlative degree or other words, creating an impression about the good’s advantage in comparison with other goods, unless is impossible to confirm it by documents;

exclusiveness of the rights to realization of a good and/or its service.

2. Inaccurate advertisements are advertisements not corresponding to the reality in respect of:

rights to use state symbols (flag, state emblem, hymn), and also symbols of international organizations;

results of intellectual activity, researches and tests;

data being distributed concerning the volume of production and/or sale of the good being advertised or of another good, and also about quantity parameters of the demand for such a good;

references to any recommendations or approval of organizations or citizens;

name and place of location of an organization, name or place of residence of a citizen, and other data about that organization or that citizen, with the exception of the data about advertiser’s kind of activity;

comparison of the rights or position of organizations or citizens with the rights or position of other organizations or citizens;

holding contests, lotteries, games and other playing, advertising and other events, bets.

3. Unethical advertisements are advertisements which:

contain textual, visual and/or audio information, violating common norms of morality and ethics, including offensive words, comparisons, images in respect of race, nationality, appearance, age group, sex, language, profession, social category, religious, political and other beliefs of citizens;

defame the objects being historical and cultural valuables;

defame state symbols (flag, state emblem, hymn), official monetary unit of the Republic of Belarus or another state, international organization, and religious symbols;

defame any organization or citizen, any activity, profession, good;

discredit organization or citizen not using the good being advertised;

contain negative evaluation of the object of advertising;

contain comparison of the good being advertised with a good of another organization or citizen, organization being advertised with another organization, intellectual activity results being advertised with other intellectual activity results, contests, lotteries, games and other playing, advertising and other events, bets, being advertised with other contests, lotteries, games and other playing, advertising and other events, bets;

mislead advertisement consumers, including through imitation (copying) of general composition, text, picture, music and/or audio effects, used in the advertisements of another advertiser;

contain words "gift", "free", "0 (zero) rubles" or other works creating impression about rendering service (executing work) on a gratuitous basis, if rendering of such services (execution of such work) suggests payment for it.

4. It is not allowed to use in radio-, television-, video-, audio, and film products, and also in other products and to place (distribute) by other means of hidden advertisements, that is advertisements influencing non-consciously perception of the advertisement consumer, including by using special video inserts (double audio recording) and by other ways.

5. Improper advertisements are not allowed.

Article 27. Rights and duties of advertiser, advertisement producer and advertisement distributor on providing information while producing and/or placing (distributing) advertisements

1. If advertisements contain the information about a legal person of the Republic of Belarus, the advertisement producer and advertisement distributor are obliged to require, and the advertiser is obliged to present a copy of the certificate on state registration of that legal person or the statute (constituent contract for a commercial organization which operates only on the basis of the constituent contract) with the stamp evidencing that the state registration was carried out, with presentation of the original of a corresponding document or its notarized copy, with the exception of a legal person recognized as such by the legislation.

If advertisements contain information about a foreign or international legal person (organization not being legal person), the advertisement producer and advertisement distributor are obliged to require, and the advertiser is obliged to present a copy of the document confirming registration of the foreign or international legal person (organization not being legal person) (legalized extract from trade register of the country of its establishment or another equivalent proof of the legal status of the organization in accordance with the legislation of the country of its establishment).

If advertisements contain information about a citizen carrying out activity as individual entrepreneur, the advertisement producer and advertisement distributor are obliged to require, and advertiser is obliged to present a copy of the certificate on state registration of that individual entrepreneur with presentation of its original.

Requirements of parts one – three of this clause do not cover advertisements being placed (distributed) in the network Internet and containing information about the name and place of location of the advertiser or a link to the site on which such information is placed.

2. If advertisements contain information about the activity connected with precious metals and precious stones subject to licensing in accordance with legislative acts, the advertisement distributor – legal person which is entrusted with the functions of the editorial board of the mass medium is obliged to require, and the advertiser is obliged to present a copy of respective license for the activity connected with precious metals and precious stones, with presentation of its original.

3. If for placement (distribution) of advertisements this Law or other legislation provides obtaining of permit (consent), the advertisement producer and advertisement distributor are obliged to require, and the advertiser is obliged to present a copy of a document confirming obtaining of such permit (consent) with presentation of its original. This requirements does not cover advertisements being placed (distributed) in the network Internet and containing information about the name and place of location of the advertiser or a link to the site on which information about the permit (consent) of such advertisements (date of obtaining consent and the name of the bode that gave consent) is placed.

31. If placement (distribution) of advertisements is allowed in accordance with this Law and other acts of legislation subject to the fact than organization of citizen has other documents, except for those provided by clauses 1 – 3 of this Article, he advertisement producer and advertisement distributor are obliged to require, and the advertiser is obliged to present copies of such documents with presentation of their originals.

4. Advertisement producer and advertisement distributor are entitled to require, and the advertiser is obliged to present copies of the documents confirming authenticity of advertisements with presentation of their originals.

5. Advertisement distributor is entitled to require, and advertiser and advertisement producer are obliged to present copies of the documents confirming production of outdoor advertisements, and also of advertisements being placed (distributed) in the territory of the Republic of Belarus of goods being produced in that territory only with engagement of organizations of the Republic of Belarus and/or citizens of the Republic of Belarus, with presentation of their originals.

6. Advertisement distributor is entitled to require, and advertiser and advertisement producer are obliged to present copies of the documents confirming that the advertiser or advertisement produces has the rights to use objects of copyright and/or neighbouring rights, with presentation of their originals.

Article 28. Duty of advertiser, advertisement producer and advertisement distributor to present information to the Ministry of Trade of the Republic of Belarus and/or local executive and administrative body

Advertisers, advertisement producers and advertisement distributors are obliged at the request of the Ministry of Trade of the Republic of Belarus and/or of local executive and administrative body within seven days from the date of receipt of such a request to present authentic documents and explanations in oral or written form, video and audio records, and also other information being necessary for exercising by those state bodies of the powers provided by this Law.

Article 29. Duty of advertiser, advertisement producer and advertisement distributor on keeping materials or their copies containing advertisements and copies of requested documents

1. Advertiser and advertisement distributor are obliged to keep materials or their copies containing advertisements, with the exception of advertisements being placed (distributed) in the network Internet, including all subsequent changes introduced thereinto within six months from the day of its last placement (distribution) by the advertisement distributor, and advertisement producer – from the day of executing by him of the contract on performing work on producing advertisements.

2. Advertisement distributor is obliged to keep in the established order copies of the documents being requested in accordance with this Law within six months from the day of the last placement (distribution) of the advertisement by him, and advertisement producer – from the day of executing by him of the contract on performing the work on producing advertisements.

Article 291. Contract on placement (distribution) of advertisements

Rules on the contract of rendering paid-for services are applied, unless otherwise provided by an agreement of the parties, to relations of the parties under the contract on placement (distribution) of advertisements, with the exception of relations of the parties under the contract stipulating placement (distribution) of advertisements on a gratuitous basis.

Article 30. Issuance of binding proposal on elimination of the detected violation of the legislation on advertising

1. In the instance of placement (distribution) of improper advertisements, the Ministry of Trade of the Republic of Belarus or a local executive and administrative body is entitled to issue a binding proposal on elimination of the detected violation of the legislation on advertising.

2. Organization or citizen which are issued a binding proposal on elimination of the detected violation of the legislation on advertising is obliged, within three working days from the day of its receipt, to eliminate the detected violation, unless a longer period is provided in the binding proposal.

In the absence of violator or when he does not fulfil the demand specified in the binding proposal on elimination of the detected violation of the legislation on advertising, placement (distribution) of improper advertisements shall be terminated by the local executive and administrative body which is entitled to reimburse the incurred expenses at the cost of the violator.

3. A binding proposal on elimination of the detected violation of the legislation on advertising may contain a demand on placement (distribution) of counter advertisements.

Counter advertisements shall be placed (distributed) by the violator at his own cost within the time limit established in the binding proposal on elimination of the detected violation of the legislation on advertising, using the same characteristics of duration, place and order of placement (distribution) as the improper advertisements and must contain the word "counter advertisement" which shall be occupy not less than ten percent of the space of the counter advertisement. The word "counter advertisement must be placed (distributed) in counter advertisements on television and multi media counter advertisements during all duration of the counter advertisement, and in counter advertisements on radio – to be read out.

The time limit for carrying out counter advertising shall be established with regard to technical possibility of its production and placement (distribution), including with regard to periodicity of issuance (broadcasting) of the mass medium.

The content of counter advertisements shall be agreed with the Ministry of Trade of the Republic of Belarus or local executive and administrative body, which issues the binding proposal on placement (distribution) of counter advertisements.

4. Binding proposals on elimination of the detected violation of the legislation on advertising of the Ministry of Trade of the Republic of Belarus is mandatory for all organizations and citizens. Binding proposals on elimination of the detected violation of the legislation on advertising of local executive and administrative bodies are mandatory for organizations and citizens placing (distributing) improper advertisements in the territory of respective administrative and territorial units.

5. An organization or citizen which are issued a binding proposal on elimination of the detected violation of the legislation on advertising is entitled to appeal the binding proposal in the court in the order established by the legislation.

Article 31. Liability for violation of the legislation on advertising

1. For violation of the legislation on advertising, organizations and citizens bear liability provided by the legislative acts.

2. Persons the rights and interests of which are violated as a result of production and/or placement (distribution ) of improper advertisements are entitled to apply to the court in the order established by the legislation with actions, including actions on material compensation of moral harm.

Article 32. Introduction of changes in certain laws of the Republic of Belarus and recognition as ineffective of certain legislative acts of the Republic of Belarus and of a separate provision of the Law of the Republic of Belarus "On introduction of changes in certain legislative acts of the Republic of Belarus"

[Translation is not given]

Article 33. [Excluded]

Article 34. Bringing of acts of legislation in compliance with this Law

Within six month period from the day of official publication of this Law:

the Council of Ministers of the Republic of Belarus shall ensure bringing normative legal acts in compliance with this Law and take other measures necessary for implementation of provisions of this Law;

local executive and administrative bodies shall bring their normative legal acts in compliance with this Law.

Article 35. Entry into force of this Law

This Law enters into force in six months after its official publication with the exception of this Article and Article 34 which enter into force from the day of official publication of this Law.

 

President of the Republic of Belarus

A. Lukashenko

 

* unofficial translation *