Business proposes to update the outdoor advertising requirements in Ukraine

23/ 03/ 2021

Recently, the VRU deputies registered draft law №5094 aimed at improving legislation in the field of outdoor advertising. The draft law proposes to amend and update the 1996 Law of Ukraine №270 / 96-VR On Advertising dated 1996. However, after analyzing the proposed changes, experts from the European Business Association concluded that the draft law needs to be finalized to achieve the stated goal. Thus, it is necessary to eliminate inaccuracies and clarify ambiguous interpretations in the provisions of the document concerning the prohibition of advertising in the open area with the reproduction of sound recordings, the placement of customer information, the prohibition of advertising on traffic management objects and outdoor lighting, bridges, and overpasses, as well as the compliance with the definition of advertising. Svitlana Mykhailovska. EBA Deputy Director for Advocacy. This draft law is a step towards comprehensive regulation of outdoor advertising. After all, now we observe the chaotic placement of advertisements in cities, which sometimes, so to speak, greatly distorts the city landscape. So, I hope the bylaws will set requirements for banners, billboards, etc. Also, it creates a framework that clearly defines the concept of outdoor advertising, so that the public has a guide of how advertisements should look like. Besides, the EBA experts had comments on the proposed update of the scope of the Law On Advertising. Thus, the new version of the Law contains certain provisions concerning the regulation of the placement of signs and plates. Although they do not belong to the advertising media, which is confirmed by the provisions of the Law and therefore should not fall under its effect. EBA experts consider it inexpedient to regulate issues that do not directly relate to advertising by Law №270 / 96-VR. The EBA member companies point out the need to clearly define the term aboveground means of outdoor advertising, which is found in the text of the draft law. Rules and requirements are even set for the placement of such devices, however, the lack of a precise definition of the aboveground means of outdoor advertising creates the risk of a broad understanding of this term by regulatory authorities. Also, the EBA experts note that, according to the updated version, the maximum period for issuing or refusing to issue permits for outdoor advertising is sixty working days from the date of receipt of the application. According to the EBA member companies, the proposed period of the permit issuance is unreasonably long as it applies regardless of whether the permit issuance requires additional approvals. The EBA experts propose to set different maximum deadlines for issuing permits for outdoor advertising, depending on whether additional approvals are required for their placement. The EBA hopes that the above comments will be taken into account, and the document will be revised with the consideration of the comments of experts, as stated in a recent appeal prepared and sent by the European Business Association to the authors of the draft law. Be the first to learn about the latest EBA news with our Telegram-channel – EBAUkraine.

Thus, it is necessary to eliminate inaccuracies and clarify ambiguous interpretations in the provisions of the document concerning the prohibition of advertising in the open area with the reproduction of sound recordings, the placement of customer information, the prohibition of advertising on traffic management objects and outdoor lighting, bridges, and overpasses, as well as the compliance with the definition of “advertising”.

Svitlana Mykhailovska EBA Deputy Director for Advocacy

This draft law is a step towards comprehensive regulation of outdoor advertising. After all, now we observe the chaotic placement of advertisements in cities, which sometimes, so to speak, greatly distorts the city landscape. So, I hope the bylaws will set requirements for banners, billboards, etc. Also, it creates a framework that clearly defines the concept of outdoor advertising, so that the public has a guide of how advertisements should look like.

Besides, the EBA experts had comments on the proposed update of the scope of the Law “On Advertising”. Thus, the new version of the Law contains certain provisions concerning the regulation of the placement of signs and plates. Although they do not belong to the advertising media, which is confirmed by the provisions of the Law and therefore should not fall under its effect. EBA experts consider it inexpedient to regulate issues that do not directly relate to advertising by Law №270 / 96-VR.

The EBA member companies point out the need to clearly define the term “aboveground means of outdoor advertising”, which is found in the text of the draft law. Rules and requirements are even set for the placement of such devices, however, the lack of a precise definition of the aboveground means of outdoor advertising creates the risk of a broad understanding of this term by regulatory authorities.

Also, the EBA experts note that, according to the updated version, the maximum period for issuing or refusing to issue permits for outdoor advertising is sixty working days from the date of receipt of the application. According to the EBA member companies, the proposed period of the permit issuance is unreasonably long as it applies regardless of whether the permit issuance requires additional approvals. The EBA experts propose to set different maximum deadlines for issuing permits for outdoor advertising, depending on whether additional approvals are required for their placement.

The EBA hopes that the above comments will be taken into account, and the document will be revised with the consideration of the comments of experts, as stated in a recent appeal prepared and sent by the European Business Association to the authors of the draft law.

Be the first to learn about the latest EBA news with our Telegram-channel – EBAUkraine.