Contributed By Pakharenko & Partners (Kyiv)
In accordance with the Law on Advertising, compliance with the legislation on the protection of consumer rights, particularly the rights of advertising consumers, shall be controlled by the State Service of Ukraine for Food Safety and Consumer Protection and its territorial bodies.
Furthermore, according to the Law on Advertising, the AMCU shall control compliance with the legislation on the protection of economic competition in the field of advertising. Decisions of the Anti-monopoly Committee may be appealed before the commercial court by an individual/entity on which a fine has been imposed for violation of the legislation in the field of advertising.
According to Article 26 of the Law on Advertising, the National Council of Ukraine on Television and Radio Broadcasting shall control within its powers the broadcasting organisations of all forms of ownership.
With regard to criminal (including corruption) offences (eg violation of rules for medicinal preparation advertising by an official of the public/municipal healthcare institution), liability for which is set forth in the Code on Administrative Offences of Ukraine, the National Agency on Corruption Prevention (NACP) and police are entitled to produce protocols (reports) on the administrative offence (containing information on the circumstances of the offence, evidence confirming its commission, etc), but a decision on liability and the penalty to be imposed shall be issued by court.
Also, there are self-regulatory authorities that may be responsible for enforcing the rules on advertising and the rules on inducement, eg, IFPMA and AIPM. In particular, the AIPM sets out some rules on advertising and methods of promotion to the general public. These requirements are prescribed by the AIPM Code of Practice, which is a self-regulatory code, and applicable only to the pharmaceutical companies that are members of AIPM.