On Advertising

Original Language Title: О рекламе

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Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=15105

On advertising *


* Translation from the state
Turkmen language.

This Law determines the legal, organizational and economic principles of advertising activity in Turkmenistan and regulates relations arising in the process of production and distribution of advertising.

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic concepts used in this Law

For the purposes of this Law the following basic concepts:
1) Advertising - information about the object of advertising distributed by subjects of advertising activity in any way, in any form or by any means, addressed to an indefinite number of persons, aimed at drawing attention to the the object of advertising designed to generate and maintain interest in it and contribute to its promotion in the market;
2) the object of advertising - the goods, works or services, the manufacturer or seller of goods (works, services), organization (or citizen), the results of intellectual activities, means of individualization of a legal entity, the goods (works, services), social activities contests, sweepstakes, games and other activities;
3) promotional activities - advertising activity of subjects to determine the object of advertising and content advertising, works for the production of advertising, providing services for the dissemination of advertising;
4) subjects advertising - advertisers, advertisements, distributor of advertisements;
5) Advertiser - a legal or natural person, determine the object of advertising and content advertising, a customer of advertising. Advertiser may perform functions Advertisement Producer and Advertisement;
6) advertisement producer - a legal or natural person that provides services for the production of advertising by means of full or partial bringing it to the ready-to-spread form. The advertisement can perform the function of advertisements;
7) of advertisements - a natural or legal person who carries out the dissemination of advertisements in any way, in any form or by any means not prohibited by the legislation of Turkmenistan;
8) consumers of advertising - physical and (or) legal entities, to draw attention to an object that advertising directed advertising;
9) Improper advertising - unfair, unreliable, unethical and hidden advertising, the production and (or) distribution of which violated the requirements of this Act in its content, production, as well as the time, place and method of distribution;

10) counter-advertising - a form of advertising, promotional activities carried out by entities in order to eliminate false advertising in consumer perceptions about the object of advertising as a result of improper advertising, elimination of the consequences caused by it or could lead to him by the refutation of improper advertising and recovery of the real facts;
11) Social advertising - advertising, addressed to an indefinite number of persons and aimed at achieving charitable and other socially useful non-commercial purposes, as well as ensuring the state interests;
12) Outdoor advertising - advertising placed on the outer sides of the buildings (structures), or outside of them, in the underground pedestrian crossings, on the advertising designs on movable objects and visual perception is available on the open space in settlements and roads and ROW railways;
13) ─ advertising design various types of three-dimensional or planar objects of the outdoor advertising (billboards, stands, construction mesh, banners, screens and electronic scoreboards to display the electronic and video, projection and other projections intended for advertising on any surface of the equipment, balloons , balloons and other technical means of stable territorial location) intended for application, post or display on their image and (or) text advertising information. Advertising constructions shall be used solely for the purpose of dissemination of advertising; 14) the owner of an advertising structure - a natural or legal person who is the owner of an advertising structure, or other person having rights in rem in advertising design or the right to possession and use of advertising design based on an agreement with its owner;
15) sponsor advertising - advertising distributed on the condition of obligatory mention in it about a particular face as a sponsor; | | | 16) Sponsor - a natural or legal person who carries out the contribution (in the form of cash, property, intellectual property, services and works) in the activity of another person or entity (sponsored) for the organization and (or ) of the latest sports, cultural or any other event, the creation and (or) broadcast television or radio programs or the creation and (or) use of a result of creative activity;

| | | 17) multimedia advertising - advertising distributed via software and hardware that implement the advertising information in audio and (or) visual form (text, graphics, photography, video, animation (animation), sound effects and other), with the exception of advertising disseminated on TV and radio;
18) advertising area - the value of the surface, specially designed and (or) used for advertising;
19) running line - a method of distribution of advertising transmitted on TV, in cinema and video, which is characterized by successive alternation (by moving) combinations of letters, numbers and signs, which together constitute the certain information on the TV screen, as well as stand-alone monitors - objects stationary advertising;
20) sign - the information on the activity of natural and legal persons, including their means of individualization, which is located within the entrance of the building according to the number of entries in it and (or) at the entrance fencing the occupied territories, as well as on the roofs and facades within own (lease) of buildings, additions to them, and temporary structures of natural and legal persons in the field of realization of goods, works and services;
21) Index - the construction of up to two square meters, inclusive, placed on the ground or support of contact network and illumination, indicating location of the organization, commercial or other object and located in close proximity to him, containing the information about its name, it means personalization and navigation.

Article 2. Legislation of Turkmenistan on advertising

1. Turkmenistan's legislation on advertising based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan in the sphere of advertising and promotional activities.
2. If an international treaty of Turkmenistan establishes rules other than those provided for in this Act, the rules of the international treaty.

Article 3. Scope of this Law

1. This Law shall apply to relations arising in the process of production and distribution of advertising of natural and legal persons, including foreign nationals and stateless persons engaged in advertising activity in the territory of Turkmenistan.
2. This Law shall not apply to:
1) political advertising, including election campaign and campaigning on the referendum questions;
2) information, the disclosure or dissemination or making available to the consumer which is mandatory in accordance with the law;

3) reference and information and analysis, the results of scientific research and testing, not having as main objective the promotion of the goods on the market and non-public service announcements;
4) posts of state power and administration bodies, local self-government, if such communications do not contain advertising and information are not public service announcements;
5) signs and markers that do not contain a promotional information;
6) Classified persons or entities that are not related to business activities;
7) information about the product, its manufacturer, an importer or the exporting of goods placed on the product or its packaging;
8) any design elements of the goods placed on the product or its packaging, and not related to other goods;
9) mention of the commodity, means of individualization, on the manufacturer or seller of goods, which are organically integrated into the works of science, literature or art in and of themselves are not advertising information.

Article 4. The objectives of this Act

The objectives of this Act are:
1) development of the market of goods, works and services;
2) implementation of consumers' right to fair and accurate advertising;
3) create the necessary conditions for the production and dissemination of advertising;
4) creation of favorable conditions for the production and distribution of social advertising;
5) definition of the rights, duties and responsibilities of the subjects of advertising activity;
6) protection against unfair competition in the field of advertising;
7) prevention and suppression of the facts of improper advertising.

CHAPTER II. REQUIREMENTS FOR ADVERTISING AND PROMOTIONAL ACTIVITIES


Article 5. General requirements towards advertising

1. General requirements for advertising are legality, accuracy, reliability, the use of forms and means, without causing damages to the consumer advertising, as well as moral damages.
The advertising is only allowed to include such messages or visual images that do not violate ethical, humanistic, moral, ethical norms and standards of decency.
2. Advertising, regardless of the form or the means of distribution used should be recognizable without special knowledge or special application (technical) facilities at the moment of its presentation.
In the media, advertising must clearly stand out from other programs and materials through print, audiovisual or combined means or posted comments and, as a rule, ad units.
3
. In the advertisement of goods and other objects of advertising their cost parameters must be specified in the national currency of Turkmenistan and, if necessary, can be further specified in a foreign currency.
4. In advertising the goods in respect of which the established procedure approved rules for the use, storage, or transportation, or use of regulations should not contain information that is not relevant to such rules or regulations.
5. Advertising in Turkmenistan extends the state language.
The exceptions are:
1) the media in which the advertising is distributed in the language designated in the charter or the registration documents of the media;
2) advertising distributed on the advertiser's discretion in foreign languages, which is intended for the foreign consumer advertising, or in accordance with international agreements of Turkmenistan;
3) advertising, containing the common foreign terms and symbols included in the original application in writing and (or) have no analogues in the state language;
4) advertising, which contains executed in a foreign language product names, aliases creative, original titles and creative teams of literary works, the domain names of sites, as well as an invitation to work or study individuals who are fluent in foreign languages;
5) advertising, containing the duly registered trademark (service mark), syllabic letters in typesetting (logos) that may be invoked in the original language.
The ads are allowed in addition to the official language of a foreign language, provided the identity of the content and technical design of the text in a foreign language text in the state language.
Translation advertising content from one language to another should not distort its basic meaning.
6. Advertisement, which contains information about the legal entity of Turkmenistan is allowed only if it has the legal entity of the certificate of state registration and extract of registration in the Unified State Register of Legal Entities of Turkmenistan.
Advertising, which contains information on the foreign or international legal person, is allowed only if it has the legal entity of the document confirming its registration, or any other equivalent proof of his legal status under the laws of the country of origin.

Advertising, which contains information about a natural person whose activities require state registration as an individual entrepreneur in accordance with the law, is allowed only if it has an individual certificate of state registration as an individual entrepreneur.
7. In advertising, contain information about the competition, game or other similar activities, for participation in which is the acquisition of certain goods or services, must be specified:
1) the timing of such an event;
2) the source of information about the organizer of the event, of its rules, the number of prizes or awards based on the results of such an event, the date, place and manner of their receipt.
8. Advertising should not:
1) be used for propaganda or agitation of violent change of the constitutional order, violation of territorial integrity of Turkmenistan, undermining the security of the state;
2) to express discrimination of human rights on the grounds of his nationality, race, sex, origin, property and official status, place of residence, language, attitude towards religion, political views, party affiliation or lack of affiliation to any political party;
3) to form a negative attitude to individuals who do not use the advertised goods (works, services), or to condemn such persons;
4) used for the dissemination of information containing a state or other secret protected by law;
5) to encourage, promote violence and cruelty or induce to violence, cruelty, dangerous actions that can harm the health of citizens, property of the State, organizations or citizens or threatening their safety, and other actions that violate the legislation of Turkmenistan;
6) help create panic in the society, to encourage individuals to aggression, as well as other illegal actions (inaction);
7) mislead and harm the interests of consumers of advertising, contain information that is untrue;
8) contain a promise or guarantee of future performance (profitability) of the advertised activities.
Use in advertising information on the effectiveness (profitability) of the advertised activities for the previous period is allowed if the advertiser data of the statistical reporting or financial report, which confirmed the accuracy of the audit organization;
9) resemble road signs or otherwise endanger traffic safety of road, rail, water and air transport;

10) contain a reference to the therapeutic properties of the object of advertising, with the exception of the indication in advertising of medicinal products, medical devices and medical equipment, health care practices, works and (or) services, constituting a medical activity.
9. The advertisement is not allowed:
1) the use of surnames, names and patronymic names, aliases, images or statements of Turkmen citizens without their consent or the consent of their legal representatives, unless otherwise provided in this Act;
2) an indication of the fact that the object of advertising is approved by state bodies or their officials, as well as local authorities;
3) the use of images or statements of medical and pharmaceutical workers and employees of non-profit organizations working in the health sector, with the exception of the use of social advertising, the advertiser's medical activities, as well as in advertising, consumers are exclusively medical or pharmaceutical workers, and which is located in areas of medical or pharmaceutical exhibitions, seminars, conferences and other similar events or in specialized scientific publications intended for medical or pharmaceutical workers;
4) an indication of the fact that the advertised product promoted using human embryonic tissue;
5) demonstration of the process of smoking and alcohol consumption;
6) placement of information about tobacco, tobacco products and alcoholic beverages, as well as their images, names on the front, at the entrance (entry), in the windows of the buildings on the submitted items and other places of trade facilities;
7) the use of abusive language, obscene and offensive images, comparisons and expressions with respect to the human on the basis of nationality, race, sex, origin, property and official status, place of residence, language, attitude towards religion, political views, party affiliation or lack of affiliation to any political party;
8) the use of state symbols, names of organizations, trade marks and (or) service marks, logos and other symbols, images of the property of organizations or citizens by persons who have no right to do so;
9) The use of the text, slogan, visual image, sound and other special effects of another advertiser's ad without his consent, unless otherwise provided by the legislation of Turkmenistan in the field of intellectual property;
10) use of foreign words and expressions, which may distort the meaning of the information;

11) placement of other information that in accordance with the law or international agreements of Turkmenistan shall not be used in advertising.
10. On the advertising means of individualization of goods (trade names, trademarks and service marks, geographical indications) is subject to all restrictions and prohibitions established by normative legal acts of Turkmenistan in advertising this product. This requirement does not apply to advertising means of individualization of goods, if it is also used to mean a product, not a limited or prohibited for advertising, or a legal person and the advertisement contains an indication of the kind of goods or entity. At the same time this directive is carried out font, the size should not be less than the font size used for writing the means of individualization of goods and advertisement distributed on TV, and multimedia advertising should be placed throughout the time of advertising and advertisement distributed on the radio channel, - be spoken.
11. Warning labels and other mandatory to place advertising information should be made crisp lettering and color contrasting with the background color advertising space on which information is posted.
These advertising footnotes contained in the advertisement specifying information, phone numbers, website domain name, number and date of issue of the printed media, contain information about the object of advertising, carried out crisp lettering and font size which must not be less than half the size of the largest font used in advertising. Such information in the advertisement distributed on TV, multimedia and advertising must not take longer than five seconds, the duration of the advertising less than five seconds - placed throughout the time of advertising and advertisement distributed on the radio channel, - be spoken.
12. In areas in which a public authority is not allowed to place advertising, with the exception of social advertising, advertising, government agencies and advertising placed in these areas through television, radio or print media.
13. Distribution of promotional materials, vvezёnnyh to Turkmenistan in violation of the customs legislation of Turkmenistan, including, without payment of customs duties is not allowed.

14. Comparative advertising, which directly or indirectly identifies a competitor or goods of the same kind offered by a competitor shall be permitted if it is objectively and conscientiously compares material, substantial, reliable quality of products, provided that advertising does not enter, and may not be misleading, does not lead to a confusion of the individual advertiser and a competitor or a trademark (service mark), the trade name, the advertiser's product and competitor and does not discredit, does not infringe the business reputation of a competitor or a trademark (service mark), a company name, product or activity.

Article 6. The goods and services, the advertising of which is prohibited

Do not promote:
1) goods and services banned for production and (or) implementation in accordance with the law;
2) goods and services for production and (or) the implementation of which is required to obtain licenses or other special permission, in the absence of such permits;
3) goods subject to state registration, in the absence of such registration;
4) of goods and services subject to certification in Turkmenistan, in case of absence of certificates of conformity;
5) in narcotic drugs, psychotropic substances and their precursors; plants containing a narcotic or psychotropic substances, and their parts;
6) of tobacco, tobacco products and smoking accessories, including pipes, water pipes, cigarette paper, cigarette lighters;
7) alcoholic beverages, beer and wine;
8) lottery prizes, lotteries and other actions aimed at stimulating demand and interest in alcoholic beverages, tobacco and tobacco products;
9) of goods and services with the use of elements of the trademark or name, known as the name of alcoholic beverages, tobacco or a tobacco product, which directly or indirectly advertise alcoholic products, tobacco or tobacco products;
10) sponsoring activities that use the name, trademark or image of tobacco, tobacco products or alcoholic beverages;
11) items (t-shirts, hats and other products) with name, trade mark of tobacco, tobacco products or alcoholic beverages;
12) supply and (or) offers bodies and (or) human tissue;
13) medical services for abortion;
14) of pornographic materials, publications, images or other items of a pornographic nature;
15) designed to lure potential victims into human trafficking, anti-social behavior;

16) of breast milk substitutes (infant formulas) in the media, with the exception of the placement of such advertising in specialized scientific publications intended for medical or pharmaceutical workers;
17) dietary supplements;
18) energy drinks;
19) services (activities) hypnotist, healers (healer), psychics, fortune tellers, spiritualists, astrologers, sorcerers, soothsayers and other persons who declare themselves or who consider themselves able to predict events that affect people, their spiritual world and property, the environment through the use of supernatural powers or forces, and training services to such activities;
20) services of a sexual nature, including under the guise of psychological assistance, communication, relaxation, massage, a pleasant pastime, a legitimate activity;
21) activities of persons who are not registered as legal entities or individual entrepreneurs of Turkmenistan, to raise money, electronic cash and other property of the citizens on the payment of income;
22) the activity of religious organizations and religious educational institutions that are not registered in accordance with the law;
23) traditional casinos, electronic casinos and online casinos;
24) of pyrotechnic products, explosives and materials;
25) of arms and military products;
26) Subliminal.

Article 7. Intellectual Property in advertising

1. Advertising can be wholly or partially subject to copyright and related rights, inventions, trademark, service mark or appellation of origin which are protected in accordance with the law and international treaties in the field of intellectual property in Turkmenistan.
2. Use as promotional material objects protected by copyright and related rights, patents for inventions, patents for industrial designs, as well as certificates for trademarks, service marks and appellations of origin, shall be permitted only on the basis of an agreement between the holder of intellectual property rights referred to in paragraph 1 of this article, and of advertisements (of advertisements) advertisements.

Article 8. Protection of minors in the production and dissemination of advertising

1. Advertising intended for minors or able to influence them, should not contain ssbe statements or images that may cause them moral or mental injury, jeopardizing their rights and interests.

2. It is prohibited advertising in which:
1) uses the natural credulity and inexperience of minors;
2) placed text, visual or audio information, which could cause them mental or physical harm or cause feelings of inferiority;
3) undermined the authority of parents (guardians) and teachers the confidence to them by minors;
4) there is a motivation to the minors to persuade their parents or other persons to buy advertised products or to use the advertised services;
5) inspired a minor fact that the possession of the goods or the use of relevant services gives them any physical, social or psychological advantage over other minors and that their absence causes the opposite result;
6) is created from minors distorted idea of ​​the cost of the advertised goods or services for minors through direct or indirect indication that the advertised product or service is available to any family budget;
7) there are factors that contribute to the formation of an inferiority complex in minors who do not have the advertised goods or associated with their foreign unattractiveness;
8) downplayed the level of skills required for a minor to use the advertised product or service, and create a wrong impression of the age group of minors, which is intended for the product or service;
9) promoted the cult of brute physical force, permissiveness, violence and sadism;
10) used the show minors in dangerous situations, including situations that encourage the commission of acts that pose a threat to their life and (or) health, including harm to their health;
11) used the image real or toy weapons. 3
. Not allowed:
1) advertising in textbooks, manuals and other educational materials designed to teach children in general education programs, school diaries and notebooks;
2) dissemination of advertisements, containing in itself the information forbidden for distribution in designated children's educational institutions, children's health, health resorts, sports and sports organizations, cultural institutions, organizations, recreation and health of children, or at a distance of less than one hundred meters from the border areas of these organizations.
4. It is forbidden the use of audio-visual, or use some form of images of minors in advertising if it did not relate to the objects of advertising provided for minors.

The direct participation of minors in the printed and audiovisual advertising is permitted only with the consent of their parents or guardians.

Article 9 to the subjects of advertising activity requirements for production and distribution of advertising

1. Advertiser:
1) is responsible for the content of advertising;
2) produces and distributes advertising orders or production and distribution of advertising in accordance with the provisions of this Act.
2. The advertisement in the production of advertising can express their creative ideas in any form if it complies with the provisions of this Act and the agreement concluded between it and the advertiser. 3
. The Advertising:
1) distributes advertising in any form if it complies with the provisions of this Act and the agreement concluded between it and the advertiser;
2) is required to separate advertising from other types of information;
3) can not distribute advertising, a ban on the dissemination of which he knew or should have known;
4) should not edit and influence the content of advertising;
5) the right to demand, and the advertiser and advertisement producer must provide copies of documents confirming affiliation to the advertiser or the advertisement producer of rights to use intellectual property rights, with showing their originals.
4. The advertisement and advertisement shall be entitled to demand, and the advertiser is obliged to provide them for the production and distribution of advertising:
1) documentary evidence of the reliability of the advertising information on the goods (works, services) with the presentation of the original documents or their notarized copies, as well as information on product certifications (works, services) and its state registration;
2) an appropriate license or a copy of it, duly certified if the advertiser activity subject to licensing;
3) a copy of the certificate of state registration of the legal entity or charter with a stamp, certifying the state registration with the original presentation of the relevant document or its notarized copy, if the advertisement contains information about this legal entity;
4) a copy of the certificate of state registration of individual entrepreneur presenting the original of this certificate unless the advertisement contains information about the physical person who performs the activity as an individual entrepreneur;

5) a copy of the document confirming the registration of a foreign or international legal entity in the country of origin or other equivalent proof of legal status of foreign or international legal entity in accordance with the legislation of the country of its establishment, unless the advertisement contains information about this foreign or international legal person.
The requirements specified in paragraphs 2-5 of this subsection shall not apply to advertising distributed on the Internet and contain information about the name and location of the advertiser or link to a site that hosts such information.
5. The advertisement and advertisement shall be entitled to the order to terminate the contract and demand that the advertiser full compensation for losses, unless otherwise stipulated in the contract, provided that the advertiser is, despite a warning from their side, does not change its demand for advertising, or does not submit documentary evidence of the reliability of their advertising information, or does not eliminate other circumstances which may make improper advertising or lead to a breach of this Law.
6. In case of failure of this Law the subjects of promotional activities at the request of the authorized state body carrying out state regulation in the field of advertising, are obliged to provide in due time reliable documents, explanations in oral or written form, video and sound recordings, as well as other information necessary for the implementation of this body the powers provided by this Law.
If the requested information in due time are not represented or are insufficient, the message (statement) presented in the advertisement is considered inaccurate or incorrect.

Article 10. Sponsorship advertising

1. Sponsorship advertising is distributed under the terms of the sponsorship agreement, concluded between the sponsor and the sponsored.
2. Sponsor contribution is recognized to pay for advertising, and the sponsor and the sponsored recognized accordingly advertiser and advertisement. 3
. Influence of the sponsor on the content and the time of release sponsored them or printed materials television and radio media, affecting the editorial independence of advertisements is prohibited.
4. Sponsored printed materials or TV and radio programs should not promote the sale (purchase) of goods or the provision of services of the sponsor or a third party.

5. Sponsors of printed materials and television and radio programs can not be natural or legal persons whose principal activity is the manufacture or sale of goods or provision of services, the advertising of which is prohibited under Article 6 of this Law.
6. Sponsorship of printed materials and television and radio programs on political topics and news is prohibited.

Article 11. Taxation of advertising

Taxation of advertising activity of subjects is carried out in accordance with the law.

Article 12. Contracts for the production and distribution of advertising

The relationship between the subjects of advertising activity in the implementation of the production and distribution of advertising defined by treaties concluded between them in accordance with the law and (or) international treaties of Turkmenistan.
Agreements on the production and distribution of advertising can be both free of charge and under the terms of the paid services, tariff rates are established in accordance with the law and (or) international treaties of Turkmenistan.

Article 13. Validity of advertising, offer recognized

If, in accordance with the Civil Code of Turkmenistan recognized advertising offer, such offer is valid for one month from the date of distribution of advertising, provided that otherwise noted therein.

Article 14. Storage promotional materials

Promotional materials or copies thereof, including the changes made to the them, contracts for the production and dissemination of advertisements, as well as copies to demand, in accordance with this Law, the advertiser and advertisement documents are required to keep within the time limits prescribed by law from the date of the last distribution of advertising, and the advertisement producer - from the enforcement of a contract the day of the execution of works for the production of advertising.

CHAPTER III.
FEATURES SEPARATE WAYS TO SPREAD ADVERTISING

Article 15. Advertising disseminated on TV

1. The total duration of the broadcast rejection of advertising for TV, may not exceed twenty per cent of the total broadcasting volume per day.
2. The television broadcasts for up to twenty minutes of advertising break may be no more than once.
For TV advertising can be broadcast not more often than once every twenty minutes and no longer than ten minutes in the calculation for each hour of airtime. 3
. It is not allowed to interrupt advertising, with the exception of sponsorship and advertising combined with the method "marquee" following TV shows:

1) religious television programs, as well as in the period of the broadcast of worship;
2) of the television broadcast in less than fifteen minutes;
3) children's TV program, except as provided for in part 7 of this article;
4) TV programs, including television plays, without the consent of copyright holders.
4. The TV programs referred to in paragraph 3 of this Article shall be accommodated sponsor advertising immediately at the beginning and just before the end of television, provided that the total duration of such advertisements does not exceed thirty seconds.
5. By using advertising as an overlay on the TV program broadcast frame method "marquee" or otherwise advertising must not:
1) occupy more than seven per cent of the area of ​​the frame;
2) violate the text or information material in television programs.
6. It is not allowed to interrupt advertising, including sponsorship advertising, and combined with advertising method "ticker" translation:
1) public events, official reports and other official ceremonies;
2) promotional materials distributed to television stations in accordance with the law on elections and referendums, including speeches of candidates for President of Turkmenistan, deputies, as well as members of representative bodies;
3) ceremonies in the days of mourning declared in Turkmenistan.
7. In child and educational television programs may be advertising directly to the beginning of the TV show and just before the end of the next length TV shows:
1) one minute, if the duration of the TV program is not less than fifteen minutes;
2) fifteen minutes, if the duration of TV is not less than twenty minutes;
3) two and a half minutes if the duration of TV is not less than forty minutes;
4) three minutes, if the duration is one hour telecast or more.
The object of advertising and the content of such advertising must comply with the peculiarities of child and adolescent audiences.
8. Broadcast live or recorded sporting event can be interrupted by advertising, including sponsorship advertising only during the breaks during sporting events or during their stops.
9. Broadcast live or recorded sporting event, which breaks or stops are not provided, may be interrupted by advertising so as to interrupt the broadcast did not result in the loss of essential information about the sporting event. The total duration of such advertising may not exceed twenty per cent of the actual time of broadcast of a sporting event.

10. Broadcast of concert and entertainment and sports, film and television of more than forty-five minutes, may be interrupted by advertising more than once in the full 45-minute period. Advertising can also be placed before and (or) after the end of transmission. Said transmission further interruption is permitted if the program is longer than at least two minutes to twenty or more complete 45-minute perioda.11. To stop advertising for purposes other than those specified in Part 10 of this Article, programs need to after each advertising break has been at least twenty minutes.
12. TV magazines, news programs and documentaries lasting less than thirty minutes may not be interrupted for advertising. If the duration of the data transmission is thirty minutes or longer, the provisions of Part 11 of this Article shall apply.
13. Frequency of advertising programs of a social nature, broadcast on TV channels is not limited. In this case the duration of each such advertisement transmission must be no more than five minutes within one hour of airtime.
14. Advertisement of the same goods (works, services), as well as advertising on the advertiser may extend no more than two times for a total of no more than two minutes for one hour of broadcasting time television.
15. advertising TV program Interruption must be preceded by a report on the follow-broadcast advertising, except for the interruption of sponsor advertising.
16. When broadcast advertising volume of its sound and the sound level reports subsequent broadcast advertising volume should correspond to the level of a TV program volume, interrupted by commercials.
Measuring the sound level of advertising and sound level of broadcast TV programs interrupted by advertising, shall be in accordance with the requirements of normative legal acts of Turkmenistan.
17. The limitations imposed by this Act in respect of advertising of certain goods in the programs do not apply to advertisements posted in the place of the event, broadcast live or recorded, with the exception of specially created for broadcast productions.
18. It prevents the spread of advertising in television programs on TV channels, access to which is carried out exclusively on a paid basis and (or) by using decoding of technical devices.
19. The requirements of this Article shall not apply to:
1) is placed in the programs information on TV programs broadcast on the corresponding channel;
2) TV program logo and information about this TV program;

3) TV programs, that are registered as mass media, specializing in communications and advertising materials, provided that in such television programs advertising time is eighty percent or more of the actual broadcast time during the day;
4) specialized advertising broadcast channels;
5) TV programs, that are purely promotional in nature.
20. Leading, speakers and other participants of the telecast outside of the time allotted for advertising, are not allowed to specifically demonstrate the product or to characterize its consumer qualities both directly and indirectly.

Employees are prohibited from engaging television advertising under the guise of information, in particular, define the details of the manufacturer of the goods (works, services), address and telephone number, the commercial features of the goods (works, services).

Article 16. Advertising disseminated on the radio channel

1. The total duration of the broadcast rejection advertising for radio channels may not exceed twenty per cent of the total broadcasting volume per day.
2. The radio programs are not allowed to interrupt advertising, with the exception of sponsorship, the following broadcasts:
1) religious radio broadcasts, as well as in the period of the broadcast of worship;
2) radio broadcast for less than fifteen minutes;
3) children's radio program, except in cases stipulated by part 5 of this Article;
4) broadcast, including radio shows, without the consent of copyright holders. 3
. In the broadcasts referred to in paragraph 2 of this article, can be accommodated sponsor advertising immediately at the beginning and just before the end of the radio, provided that the total duration of such advertisements does not exceed thirty seconds.
4. It is not allowed to interrupt advertising, including sponsorship advertising, broadcast:
1) public events, official reports and other official ceremonies;
2) promotional materials distributed to radio channels in accordance with the law on elections and referendums, including speeches of candidates for President of Turkmenistan, deputies, as well as members of representative bodies;
3) ceremonies in the days of mourning declared in Turkmenistan.
5. In child and educational radio broadcasts may be advertising directly at the beginning of the broadcast, and immediately before the end of its duration following:
1) one minute, if the duration of the broadcast is not less than fifteen minutes;
2) fifteen minutes, if the duration of the broadcast is not less than twenty minutes;

3) two and a half minutes if the duration of the broadcast is not less than forty minutes;
4) three minutes, when the broadcast duration is one hour or more.
The object of advertising and the content of such advertising must comply with the peculiarities of child and adolescent audiences.
6. Radio broadcasts live or recorded sporting event can be interrupted by advertising, including sponsorship advertising only during the breaks during sporting events or during their stops.
7. Radio broadcasts live or recorded sporting event, which breaks or stops are not provided, may be interrupted by advertising so as to interrupt radio broadcasts did not result in the loss of essential information about the sporting event. The total duration of such advertising may not exceed twenty percent of the time a radio broadcast of a sporting event.
8. Some broadcasts may be interrupted by advertising as many times as the 15-minute periods include the radio, as well as an additional sponsor advertising immediately at the beginning and just before the end of the broadcast, provided that the total duration of the sponsorship advertising is less than thirty seconds.
9. Interruption of radio advertising should be preceded by a report on the follow-broadcast advertising, except for the interruption of sponsor advertising.
10. In a radio broadcast advertising the volume of its sound and the sound level reports subsequent broadcast advertising volume should match the level of the sound volume of the radio program, interrupted by commercials.
Measuring the sound level of advertising and radio broadcast sound level, interrupted by advertising, shall be in accordance with the requirements of normative legal acts of Turkmenistan.
11. Not allowed the dissemination of advertisements in radio programs on radio channels, access to which is carried out exclusively on a paid basis.
12. The requirements of this Article shall not apply to:
1) is located in radio programs, information on radio programs broadcast by the respective radio channel;
2) reports the name of the radio program and the frequency of its broadcast, as well as other information on this radio program;
3) radio, which are registered as mass media, specializing in communications and advertising materials, provided that in such radio programs, advertising time is eighty percent or more of the actual broadcast time during the day;
4) specialized advertising broadcast channels;

5) broadcasts, which are purely commercial.
13. Leading, speakers and other participants in the broadcast beyond the time allotted to advertising, are not allowed to specifically characterize the product, its consumer qualities both directly and indirectly.
Employees are prohibited from engaging radio advertising under the guise of information, in particular, define the details of the manufacturer of the goods (works, services), address and telephone number, the commercial features of the goods (works, services).

Article 17. Advertising in print media

1. In print media, advertising volume and subject are defined in the manner prescribed by the statutes of the editorial office.
The prints distributed by subscription, in the conditions of the subscription must indicate the amount of advertising in the total volume of publications.
2. Placement of text in publications should be marked "advertisement" or marked "for publicity." 3
. Advertising in print media shall not exceed:
1) twenty-five per cent of the volume of one of the state rooms of the publication;
2) thirty per cent of the volume of one issue of a publication.
Rest ads must be submitted in the form of free applications.
4. The print media are published provided for advertising rates per unit of surface area intended for advertising, which are determined taking into account the characteristics of the advertising material.
Area calculation, designed for advertising, manufactured Metric measure or typographical sign.
5. The provisions of this Article shall not apply to publications that are registered as specializing in announcements and materials of advertising and on the cover and in the output of which provides information on a specialization.

Article 18. Advertising disseminated through telecommunication networks

1. Dissemination of advertising on telecommunications networks, including through the use of telephone, telex, facsimile, cellular mobile telecommunication, e-mail, is permitted only with the prior consent of the subscriber or addressee to receive the advertising.
2. Advertisement acknowledged widespread without the prior consent of the subscriber or the recipient, if the advertisement distributor does not prove that such consent was obtained. The advertising must immediately cease the dissemination of advertisements in the address of the person who applied to him with such a request.
3
. If the consent of the subscriber or addressee to receive the advertising included in the contract for the provision of telephone, telex, facsimile services, cellular mobile telecommunication, e-mail, signed with the subscriber or addressee in writing, the subscriber or the recipient must be informed of the right to demand from the advertisement distributor immediate cessation distribution of advertising in his address, what the contract should be a corresponding mark, certified by the signature of the subscriber or adresata.4. Advertising by means of telex and facsimile in the absence of a specific request of the recipient is allowed as a single distribution volume of no more than one page at the same address.

5. Do not use the telecommunications networks for the distribution of advertising using the choice of means and (or) a set of subscriber numbers without human intervention (automatic dozvanivaniya, automatic mailing).
6. With reference telephone service (both paid and free), including those carried out by the cellular mobile telecommunications, advertising may be granted only after inquiries posts requested by the subscriber.
7. In providing telephone connections to the conditions of time-based payment system time during which the advertisement applies, shall not be considered when determining the cost of a telephone service. 8. Use of free rooms served by police telephone, ambulance, fire brigade, emergency unit and other similar services for the distribution of advertising.

9. Advertising services provided with the use of local, long distance or international telephone services must include accurate information about: 1) paid or gratuitous nature of the service and its cost;
2) the content of the proposed services;
3) age and other restrictions imposed by the legislation of Turkmenistan in respect of an indefinite number of consumers;
4) using a paid channel telephone service and cost per minute of use for services in the relevant region. Information

It is printed font size of not less than half the size of the font, which dialed the phone number used for the provision of advertising services.

Article 19. Advertising disseminated when cinema and video

When cinema and video advertising is not allowed interrupt the demonstration of the film, as well as the combination of advertising with a demonstration of her way to film overlay on the frame of the film exhibited by any means "creeping line" or otherwise, except for breaks between series.

Article 20. Outdoor Advertising


1. Outdoor advertising in the advertising structures by the owner of an advertising structure, which is of advertisements, in compliance with the requirements of this Article.
2. Local executive authorities shall develop and approve the scheme of placement of advertising structures on the land, regardless of ownership, as well as on buildings or other immovable property owned by the state.
The layout of advertising structures is a document defining the placements of advertising designs, types and kinds of advertising structures, installation of which is permitted in these areas.
The layout of advertising structures must meet the requirements of territorial planning documents and ensure compliance with external architectural appearance of the existing building, town planning rules and regulations, safety requirements, and keep the card placement advertising structures indicating the types and kinds of advertising structures, advertising space and advertising specifications structures.
The layout of advertising structures and changes made to it shall be published (made public) in the manner prescribed for the official publication (promulgation) of normative legal acts of local authorities and the placing on their official websites on the Internet. 3
. Installation and operation of the advertising structure allowed with a permit issued by the local authorities in whose territory is supposed to carry out the installation and maintenance of advertising structures, based on the application:
1) the owner of an advertising structure with the corresponding confirmation of the object in writing to the exterior of the owner consent advertising (land, building or other immovable property) to join an advertising structure to the specified object;
2) corresponding to the object placement of outdoor advertising owner (land, building or other immovable property) confirmation in writing the consent of the owner of an advertising structure to join an advertising structure to that object.
4. Permission for the installation and operation of the advertising structure is issued by the local authorities on each advertising structure for the duration of the contract for the installation and operation of the advertising structure.

This resolution specifies the owner of an advertising structure, the owner of the object placement of outdoor advertising (land, building or other real estate), to which is attached an advertising design, advertising design type, the area of ​​its advertising, the installation location of an advertising structure, the term of the permit, the permit issuing authority, number and date of issue.
Permit is valid until the expiration of the period of validity in it or to its cancellation.
5. The decision in writing for a permit for the installation and operation of the advertising structure or refusal to issue it should be directed to the local authorities to the applicant within two months from the date of receiving from him the necessary documents.
6. The decision to refuse to issue a permit for the installation and operation of the advertising structure shall be reasoned and adopted by the local authorities exclusively on the following grounds:
1) mismatch project advertising structure and its territorial distribution of technical regulations;
2) mismatch install an advertising structure in the declared site diagram placement of advertising constructions;
3) violation of the regulations on the safety of movement of vehicles;
4) violation of the external architectural appearance of the existing building or part of the territory under the jurisdiction of the relevant authority of local executive authorities;
5) violation of the Turkmen legislation on the protection of objects of national historical and cultural heritage.
7. In the case of organ failure of local authorities to issue permits for the installation and operation of the advertising structure the applicant within three months from the date of receipt of the decision to refuse to grant the said authorization shall be entitled to appeal to the court.
8. The local authorities decided to annul the permit for the installation and operation of the advertising structure is adopted:
1) within one month from the date on which the owner of an advertising structure notice in writing of his refusal to permit further use;
2) within a month from the moment the owner of the object placement of outdoor advertising (land, building or other real estate), to which is attached an advertising design, document confirming the termination of the contract concluded between the owner and the owner of such advertising design;
3) if the advertising structure is not established within a year from the date of issuance of the permit or the date the dismantling of advertising design in its own period of validity of the authorization;

4) if the advertising structure is not used for the dissemination of advertising;
5) if the permit issued to a person who has concluded a contract for the installation and operation of the advertising design in violation of the requirements established by this Law.
9. The decision to cancel a permit for the installation and operation of the advertising structure may be appealed in court within three months from the date of its receipt.
10. The owner of an advertising structure is obliged to carry out dismantling of the advertising structure within one month from the date of issue instructions to local executive bodies on the dismantling of advertising structures, as well as to remove the information placed on such advertising structure, within three days from the date of issue of the said regulations.
11. If you have a permit for the installation and maintenance of advertising structures, issued by the appropriate authority of local executive power, installation and operation of the advertising structure implemented by its owner under a contract with the owner of object placement of outdoor advertising (land, building or other immovable property), which joins the advertising structure.
Signing the contract for the installation and operation of the advertising structure is carried out in accordance with this Law and civil legislation of Turkmenistan.
At the end of the term of the contract for the installation and operation of the advertising structure by contract obligations of the parties are terminated.
12. Specific terms of the contract for the installation and operation of the advertising construction at the site of placement of outdoor advertising are set by the relevant body of local executive power, depending on the type and the type of advertising structures, used advertising technology demonstrations within the boundaries of the relevant deadlines.
13. In the period of the contract for the installation and operation of the advertising structure owner of the advertising structure shall have the right of unimpeded access to the object placement of outdoor advertising (land, building or other real estate), to which is attached an advertising design, in order to implement the rights of the owner of an advertising structure for its operation, maintenance or removal.
14. Outdoor advertising sign on the road, its support or any other device designed for traffic control is not allowed.

Outdoor advertising should not have the shapes and dimensions of road signs and signals, impair their visibility or effectiveness vospriyatiya.Razmeschenie outdoor advertising on poles and street lighting over the roadway of streets and roads is carried out in compliance with safety requirements and ensure the visibility of road signs, traffic lights , intersections, crosswalks, stopping public transport vehicles.

Outdoor advertising shall not reduce the transport-performance road violate safety requirements for vehicles, dazzle road-users.
15. Distribution of outdoor advertising within the protected zones of the national historical and cultural heritage, submitted to the State register of national historical and cultural heritage of the Turkmen, their territories, as well as in museums is not allowed.
16. Outdoor advertising within the environmental protection facilities permitted in consultation with the relevant government bodies within their competence.
Do not place billboards on specially protected natural areas, as well as by the destruction of green areas and violations of elements of an accomplishment of adjoining territory.
17. When placing outdoor advertising within the limits of the right of way of highways authorization is issued in agreement with the authority of the Interior and the authorized state body in the field of roads and road activity.
When placing outdoor advertising in the ROW railway authorization is issued in agreement with the authorized state body in the field of railway transport.
When placing outdoor advertising on air transport facilities permit issued in coordination with the authorized body in the field of civil aviation.
18. For outdoor advertising are not placed trading enterprises, public catering and consumer services:
1) sign;
2) information on the operating mode;
3) external or internal window dressing and the windows to the outside visual perception marketable product samples, means of individualization of their own, decorative and festive decoration.
19. The requirements set out in this article, in terms of obtaining permits for the installation and maintenance of advertising structures shall not apply to:
1) showcases, stalls, chutes, mobile trade points, street umbrellas in the case of advertising directly on the object (without the use of structures and devices used solely for advertising);

2) information (sign) of the person posted on the front, near the entrance (entry) of the building, or its product (service) in the window of a building in which a person occupies the room.

Article 21. Advertising on the vehicle

1. Advertising on the vehicle is carried out only on the basis of a contract concluded with the advertiser owner of the vehicle or his authorized representative.
2. Advertising placed on vehicles should not pose a threat to safety, including limiting the review to operate a vehicle and persons other road users, and must comply with other requirements of technical regulations.
To ensure safety the Ministry of Internal Affairs may impose restrictions on the placement of separate advertisements on vehicles. 3
. Advertising on the vehicle is permitted after agreement with the content of advertising of local authorities, in whose territory the vehicle is registered, as well as with the relevant authority of the Interior.
4. Placement on vehicle advertising, contain information about the organization or individual entrepreneurs engaged in this vehicle passengers and (or) goods in accordance with the law, or about the owner of the vehicle, trademark, and (or) the service marks, used to refer to the goods of the organization and (or) individual entrepreneur, the image of the goods of the said persons, as well as the sale of the vehicle shall be allowed without the consent of the authorities referred to in paragraph 3 of this article.
Placement on vehicles of distinctive signs indicating that they belong to any person, not an advertisement.
5. Placing advertising on vehicles, followed by the sound, except for the placement of such advertising in the salons of vehicles is not permitted.
Dissemination of advertising through audio network notification of passengers in public service vehicles, railway stations, ports and airports, with the exception of social advertising.
6. Using vehicles exclusively or predominantly as a mobile advertising structures, including the retrofitting of vehicles for the dissemination of advertising, as a result of which the vehicle is completely or partially lost functions for which they were intended, improvement of vehicles bodies to give them the kind of specific goods It prohibited.

7. Prohibited advertising on vehicles:
1) Special and operational services to the requirements of technical regulations provided for certain tsvetograficheskoy coloring;
2) equipped with devices for feeding special light and sound signals;
3) postal service;
4) intended for the carriage of dangerous goods.

Article 22. Social advertising

1. Social advertising is public and state interests in the promotion of healthy lifestyles, health and environment protection, conservation of energy resources, social protection and public safety, crime prevention, spirituality and enlightenment, is not of a commercial nature and is aimed at achieving the charitable goals and the solution of social significant problems.
2. Advertisers social advertising can act natural and legal persons, public authorities and management, as well as local governments.
Physical and legal entities may apply to the relevant organs of state power and administration initiated the production and (or) distribution of social reklamy.3. The activities of individuals and entities for the dissemination of social advertising, as well as the transfer of their property to other organizations or individuals for accommodation of social advertising is free of charge.

4. The activities of individuals and entities on the production and distribution of social advertising at no cost, the transfer of its assets (including cash) to others for production and distribution of social advertising is recognized charity. Such persons shall enjoy the privileges provided by the legislation of Turkmenistan.
5. The public service is not allowed mention of specific brands (models, articles) of goods, trademarks, service marks and other means of individualization of goods, of natural and legal persons, except for persons referred to in paragraph 6 of this article.
6. The restrictions specified in Paragraph 5 of this Article shall not apply to the reference to the state bodies, bodies of local self-government, about the sponsors, as well as natural persons who find themselves in difficult situations or in need of treatment, in order to provide them with charity.
The PSAs may be mention of socially oriented non-profit organizations in the event that the content of this advertising is directly related to information on the activities of non-profit organizations aimed at achieving charitable or other socially useful purposes.

7. The duration of public service mentions of the sponsors, as well as organizations and (or) individual entrepreneurs who provided grant assistance to carry out the advertised socially oriented activities in education, culture, health, physical culture and sports:
1) may not exceed three seconds of each - in the propagation of the said advertising on the radio channels;
2) shall be three seconds on each, and such mention no more than seven per cent of the area of ​​the frame should be given - in the propagation of the advertising on TV, when cinema and video;
3) shall not be more than five per cent of the advertising area (space) - the propagation of this advertising in other ways.
The above references to the television channels must be carried out on the way to imposing frame of the TV program broadcast method "marquee" or otherwise, and should contain only the name or the name of the sponsor.
The above restrictions do not apply to a mention in a public service announcement about individuals who find themselves in difficult situations or in need of treatment, in order to provide them with charity.
8. Conclusion of the agreement on the distribution of social advertising is a must for advertisement distributor within five percent of the annual volume of advertising disseminated by them (including the total advertising time, distributed on television and radio, the total advertising space publication, the total advertising space advertising structures). The conclusion of such a contract is carried out in the manner prescribed by the Civil Code of Turkmenistan.
9. Expenses for production and placement of social advertising is made by means of the advertiser. At the same time advertisement distributors, whose activities are wholly or partly financed out of the funds of the State Budget of Turkmenistan, placing public service announcements free of charge.

CHAPTER IV. FEATURES ADVERTISING certain types of goods, works and services

Article 23. Advertising of medicinal products, medical devices and medical equipment, medical services, methods of prevention, diagnosis, treatment and rehabilitation, the methods of traditional medicine

1. Advertising of medicinal products, medical devices shall be in accordance with the requirements of the Law of Turkmenistan "On the drug provision."

Advertising of medicines, medical devices are not allowed in the media, with the exception of its placement in specialized scientific publications intended for medical and pharmaceutical workers. Distribution of promotional information on medicinal products, medical devices on other remedies provided by this Act, shall be permitted only if the advertiser permission of the authorized state body in the field of health and medical industry or the authorized body in the field of drug supply.
2. Advertising of medical equipment, methods of care, works and (or) services, constituting medical activities, it must contain a statement to the effect that the information is advertising. 3
. Advertising medical equipment should contain:
1) the name of the product of medical technology;
2) information that the object of advertising is the product of medical technology;
3) the name of the manufacturer (manufacturer) of medical equipment;
4) information on the use or application of medical technology products, as well as a recommendation on the need to review the instructions for medical use and (or) receipt of a doctor's advice.
This requirement does not apply to advertising, consumers of which are exclusively medical or pharmaceutical workers, which is located in the places of medical or pharmaceutical exhibitions, seminars, conferences and other similar events or in specialized scientific publications intended for medical and pharmaceutical workers.
4. Advertising medical equipment should not be:
1) be addressed to minors;
2) contain references to specific cases of recovery from illness, to improve human health as a result of advertising object;
3) contain an expression of gratitude to individuals in connection with the object of advertising;
4) to create an idea of ​​the benefits of object advertising by reference to the fact of the studies required for the state registration of the object of advertising;
5) contain statements or suggestions about the presence of consumer advertising of certain diseases or health problems;
6) facilitate the creation of a healthy person experiences the need to use the object of advertising;
7) to create the impression of unnecessary treatment to the doctor;

8) guarantee a positive effect of advertising object, its safety, efficacy and absence of side effects;
9) contain a reference to the use of any form of material incentives in the case of the acquisition of the object of advertising.
5. Advertising of medical services, including advertising methods of prevention, diagnosis, treatment and rehabilitation should not:
1) contain references to specific cases of recovery from illness, to improve human health as a result of advertising object;
2) contain an expression of gratitude to individuals in connection with the object of advertising;
3) to create an idea of ​​the benefits of object advertising by reference to the fact of the studies required for the state registration of the object of advertising;
4) contain statements or suggestions about the presence of consumer advertising of certain diseases or health problems;
5) contain a reference to the use of any form of material incentives in the case of the acquisition of the object of advertising.
6. Advertising methods of traditional medicine should not:
1) contain references to specific cases of recovery from illness, to improve human health as a result of advertising object;
2) contain an expression of gratitude to individuals in connection with the object of advertising;
3) to create an idea of ​​the benefits of object advertising by reference to the fact of the studies required for the state registration of the object of advertising;
4) contain statements or suggestions about the presence of consumer advertising of certain diseases or health problems;
5) to create the impression of unnecessary treatment to the doctor.
7. Advertising distributed in areas of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, as well as specialized scientific publications intended for medical and pharmaceutical workers, and other advertising, consumers are exclusively medical and pharmaceutical workers, may contain Statement reference to specific cases of recovery from illness, to improve human health as a result of the object of advertising, as well as the expression of gratitude to individuals in connection with the object of advertising.

8. Advertising of medical services, including preventive, diagnostic, treatment and rehabilitation, should be accompanied by a warning of the presence of contraindications to their use, and use of, the need to review the instructions for use or to consult a specialist.
The requirements of this part do not apply to advertising, distributed in areas of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, as well as specialized scientific publications intended for medical and pharmaceutical workers, and other ads, which consumers They are exclusively medical and pharmaceutical workers.
9. Advertising methods of prevention, diagnosis, treatment and rehabilitation, for which requires special training, is not allowed, except for its distribution in the field of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, as well as specialized scientific publications intended for medical and pharmaceutical workers.
10. Advertising is not permitted:
1) medical equipment is not permitted for use in Turkmenistan, and are not registered in Turkmenistan in the manner prescribed by law, except when advertising is carried out within the framework of clinical trials of these products held with a view to their followed by the state registration;
2) methods of care are not permitted to use the authorized state body in the field of health and medical industry;
3) works in the field of health services, non-work and services that make up the medical activities.
11. Advertising of medical equipment, methods of care, works and (or) services, constituting medical activities shall be allowed only if the advertiser permission of the authorized state body in the field of healthcare and pharmaceutical industry, and in the cases of obtaining patents for inventions and industrial designs this region - in coordination with the authorized state body in the field of intellectual property.
This requirement does not apply to advertising:
1) consumers of which are exclusively medical or pharmaceutical workers, which applies in areas of medical or pharmaceutical exhibitions, seminars, conferences and other similar events;

2) methods of care, works and (or) services, constituting a medical activity, medical equipment, the dissemination of which is carried out in specialized scientific publications intended for medical or pharmaceutical workers;
3) works and (or) services, medical services components containing in itself exclusively the information specified in the license for medical activities, and contact information.
12. The procedure for advertising of medical equipment for medical institutions and medical personnel, determined by the authorized state body in the field of health and medical industry.

Article 24. Advertising of infant foods

1. Advertising baby food should not represent them as a substitute for breast milk and contain a statement about the advantages of artificial feeding children.
2. Advertising of products included in the diet of a child during the first year of his life, should contain information about the age limit use of such products, and a warning about the need to obtain expert advice.

Article 25. Advertising of financial services related to the utilization of the funds of individuals and entities, and securities

1. Advertising of financial services related to the utilization of the funds of individuals and entities, and securities is possible only if the advertiser license confirming the right to carry out the relevant activity, indicating the authority issuing the license, its number and date of issue.
Advertising of financial services related to the utilization of the funds of individuals and entities, and securities must contain the name or the name of the person who provides these services.
2. Advertising of financial services related to the utilization of the funds of individuals and entities, and securities must not:
1) contain information that is not directly related to the advertised services or securities;
2) contain a guarantee of income and information about the size of dividends on common shares;
3) to advertise securities without registration of the issue, as well as suspension or recognition of the issue of securities failed;
4) contain any guarantees in the future effectiveness (profitability) of the services provided, including through ad growth in the market value of the securities;

5) to remain silent about other conditions of service, affecting the amount of income available to persons who receive the services, or to the amount of the costs to be incurred by persons took advantage of the services, if the advertisement is informed at least one of these conditions;
6) to remain silent about the other terms of providing services related to the provision of the loan, use of them and the repayment of the loan, if the advertisement contains at least one condition that determines the total cost of credit to the borrower and to influence it;
7) Encourage individuals to receive their profit or benefit due to the involvement of other individuals in the activities of an enterprise or the purchase of its products;
8) raise funds for individuals housing construction, except for advertising related to the raising of funds on the basis of the contract of a joint construction.

Article 26. Advertising of cultural events

1. The organizer of cultural events and other persons shall not be entitled to declare in the media program of cultural events and distribute promotional materials for its conduct without the consent of the authorized body of state administration in the field of culture.
2. In advertising cultural events should be mentioned:
1) Information about the organizer of cultural events (name and address of the legal entity in Turkmenistan, foreign and international organizations, surname, name, patronymic of the individual entrepreneur registered in Turkmenistan, the foreign citizen , persons without citizenship) and contact telephones;
2) general information related to obtaining permits for organization and holding of cultural events in the territory of Turkmenistan (registration number of authorization, the date of the decision to extradite him, name of issuing approval), with the exception of advertising disseminated on the radio channel and outdoor advertising;
3) information about the specifics of cultural events, including the presence or absence of a phonogram;
4) other information provided for in this Act.

CHAPTER V. improper advertising

Article 27 Unfair advertising

1. Unfair advertising is recognized that:
1) contains an incorrect comparison of the advertised goods (works, services) with the goods (works, services) other natural or legal persons, as well as speech, images, discrediting their honor, dignity and business reputation ;

2) is the advertising of goods (works, services), the advertising of which is prohibited by this Act, if such advertising is carried out under the guise of advertising of other goods (works, services), trademark or service mark that is identical or confusingly similar to a trademark or service mark of the goods (works, services) in respect of advertising which are set corresponding to the requirements and limitations, as well as under the guise of advertising of the manufacturer or seller of the goods (works, services);
3) mislead consumers regarding advertised goods (works, services) by copying the brand name, trademark, brand packaging, external design, formulas, images, and other commercial designations used in the advertising of other goods (works, services);
4) contains indications or allegations the use of which in the exercise of entrepreneurial activity may be misleading as to the nature, composition, method and timing of production or manufacture, use, consumer properties, application, certificate of compliance, the number and place of origin and other characteristics of the goods (works, services);
5) discredits, degrades or ridicules the natural or legal persons who do not use the advertised goods (works, services);
6) contains a certain face image, link to it, or a description of his property without obtaining prior consent of the way that may create the impression of a confirmation by the person the content of advertising information;
7) allows the use of words in the superlative degree or other words that create the impression of the superiority of the goods (works, services) to other goods (works, services), if the validity of their use can not be confirmed by documents;
8) indicates the exclusive right to manufacture and (or) implementation, as well as warranty service goods (services).
2. Advertising may be considered unfair not only in content but also in the place, the time and the means of its dissemination. 3
. Unfair advertising is prohibited.

Article 28. Misleading advertising

1. Unauthentic recognized advertising that contains untrue information:
1) about the benefits of the advertised goods (works, services) to goods (works, services), which are produced and (or) sold by other individuals or legal entities;

2) of the necessary characteristics of the goods to the consumer, including its nature, composition, method and date of manufacture, quantity, purpose, consumer characteristics, conditions of use and recommendations for care of the place (country) of origin, there is certificate of conformity and marks of conformity with national standards, terms of service, product expiry dates;
3) the availability of goods on the market, on the range of equipment and goods, as well as the possibility of their acquisition in a particular place or within a certain period;
4) the cost or price of the goods (works, services), the manner of its payment, the amount of rebates, tariffs and other conditions at the time of dissemination of advertising;
5) of the terms of delivery, exchange, repair and warranty service the product;
6) Warranty Product Manufacturer (services);
7) exclusive rights to results of intellectual activity and equated to them means of individualization of physical and juridical persons, as well as goods (works, services);
8) on the rights to the use of state symbols (flag, emblem, anthem) as well as symbols of international organizations;
9) the official or public recognition of the advertised goods (works, services), the receipt of medals, prizes, diplomas and other awards;
10) on the recommendations of individuals or legal entities with respect to the object of advertising or on its approval by natural or legal persons, and the use of expired or short-term recommendations or approvals;
11) on the results of research and testing, quotations from technical, scientific and other publications, scientific terms or references to current recommendations;
12) for additional rights or benefits to the acquirer of the advertised goods (works, services);
13) on the actual amount of demand for the advertised goods (works, services);
14) of the volume of production or sale of the advertised goods (works, services);
15) about the rules and terms of the contest, game or other similar events, including the timing of the end of the reception of applications for participation in it, the number of prizes or awards based on its results, the date, place and manner of their preparation, as well as the information about such an event source;
16) of the place in which to conclude the contract of purchase and sale of goods, the implementation of the contract of work (rendering of services) interested parties can find information about the advertised goods (works, services) to be provided to such persons;
17) on the name (name) and location of the legal entity (individual), which represents the object of advertising; 18) on the statistical data that characterize the goods (work, services).
2. Misleading advertising is prohibited.



Article 29. Unethical advertising

1. Unethical advertising is that:
1) contains textual, visual and (or) audio information that violates generally accepted standards of morality and ethics, including offensive words, comparisons and images with respect to nationality, race, sex, origin, property and official status, place of residence, language, attitude towards religion, political views, party affiliation or lack of affiliation to any political party;
2) denigrates objects that are of historical and cultural values;
3) directly or indirectly discredits state symbols (flag, emblem, anthem), the national currency of Turkmenistan or foreign currency, religious symbols or expresses disrespectful attitude towards them;
4) discredits legal entities or individuals who do not use the advertised goods and their production, commercial or other activity;
5) contains a negative assessment of the object of advertising;
6) introduces consumer advertising misleading, including through imitation (copying) of the total composition, text, images, music and (or) the sound effects used in the advertising of other advertisers;
7) contains the word "gift", "free" or other words that create an impression on the provision of services (works) at no charge, if the provision of such services (such work) assumes its payment.
2. Unethical advertising is prohibited.

Article 30. Hidden advertising

1. Hidden is advertising, which has not be aware of the consumer impact on his perception and instincts in radio, television, video, audio and film production, as well as other products, including through the use of special video, dual recording and other means.
The decision on the recognition of hidden advertising takes the authorized state body on TV, Radio and Film.
2. Surreptitious advertising is prohibited.


Article 31. Counter

1. In the case of the establishment of the appropriate authorized state body carrying out state regulation in the field of advertising, the fact of the spread of improper advertising and issuing the appropriate instructions to the advertiser who violates the provisions of articles 27-30 of this law, that authority may apply in the prescribed manner to the court for an advertiser on public denial improper advertising (Counter) at the expense of the advertiser. The court determines the shape, location and date of placement of such denials. Counter can also be carried out on a voluntary basis advertiser. 2. Counter is carried out in the same media, with the same characteristics of duration, space, place and manner as when placing advertising refuted. In exceptional cases, it may be allowed the replacement of the media, the duration characteristics, place and manner of implementation of counter-advertising. 3
. All expenses for the implementation of counter-advertising bears the offender.

4. If the infringer counter-advertising is not implemented within the period prescribed by the appropriate authorized state body carrying out state regulation in the field of advertising, the latter has the right to decide on the full or partial suspension of advertising said the offender until the day of completion of its implementation of counter-advertising, and shall notify the parties entered into a contract with a specified infringer.

CHAPTER VI. STATE REGULATION

in advertising
Article 32. The concept of state regulation in the sphere of advertising

1. Under state regulation in the field of advertising refers established in accordance with this Law and other normative legal acts of Turkmenistan control of production and distribution of advertising.
2. The main objectives of the state regulation in the field of advertising are:
1) protection of the public interest;
2) prevention and suppression of inappropriate advertising as well as advertising, infringing upon public values ​​and generally accepted standards of morality;
3) protection against unfair competition. 3
. State regulation in the field of advertising by the relevant authorized state bodies within the limits of their powers established by this Act.

Article 33. Powers of the Cabinet of Ministers of Turkmenistan in the sphere of advertising

The Cabinet of Ministers of Turkmenistan:
1) defines the state policy in the sphere of advertising;
2) organizes the development and implementation of plans and measures for the development of promotional activities in Turkmenistan;
3) creates Interagency Council on advertising;

4) approve normative legal acts in the field of advertising and promotional activities;
5) carry out international cooperation in the field of advertising;
6) exercise other powers in accordance with this Law and other normative legal acts in the field of advertising and promotional activities.

Article 34. The public authorities carrying out state regulation in the sphere of advertising

By the authorized state bodies, carrying out state regulation in the field of advertising, (hereinafter - the authorized body) include:
1) the authorized state body in the field of trade;
2) the authorized state body in the field of health and medical industry;
3) authorized state body in the field of internal affairs;
4) the authorized state body responsible for regulation of the print media;
5) the authorized state body on TV, Radio and Film;
6) the authorized state body responsible for regulation in the field of development and use of Internet services;
7) local executive authorities.

Article 35. Powers of the authorized body

1. The authorized body in the field of activity:
1) carries out the state policy in the sphere of advertising;
2) develop and implement plans and activities for the development of promotional activities in Turkmenistan;
3) develop the normative legal acts in the field of advertising and promotional activities;
4) carries out control in the field of advertising;
5) conducts advertising expertise on the subject of its compliance with the requirements of legislation of Turkmenistan on advertising;
6) consider the appeals of legal entities and individuals and other materials on violation of legislation of Turkmenistan on advertising;
7) detects improper advertising by the subjects of advertising activity;
8) organizes and carries out verification of compliance with the requirements of the legislation of Turkmenistan on advertising agents promotional activities, including compliance with the specific object of advertising referred to in the advertisement information;
9) applies a measure of responsibility to the subjects of advertising activity in accordance with the law;
10) directs the subjects of advertising orders to cease violations of the law of Turkmenistan on advertising and on counter;
11) directs the prosecuting authorities and other law enforcement agencies to address issues of material to initiate proceedings within the scope of promotional activities;

12) to sue in court, including the benefit of an indefinite number of advertising consumers, in connection with the violation of the subjects of advertising activity Turkmen legislation on advertising, as well as to invalidate the transactions related to improper advertising;
13) presents to the court proceedings on public denial improper advertising (Counter) in the case provided for by paragraph 1 of Article 31 of this Law;
14) exercise other powers in accordance with this Law and other normative legal acts of Turkmenistan in the sphere of advertising and promotional activities.
2. When ascertaining the fact of violation of this Law and other normative legal acts of Turkmenistan in the sphere of advertising authorized body makes a decision, in which:
1) instructs the advertiser to provide the advertising, labeling of goods or otherwise additional information, which is essential for the protection of persons or the legitimate rights of entrepreneurs;
2) be excluded from advertising individual elements (information, visual images, audio or other special effects);
3) prohibits the dissemination of advertisements;
4) requires the withdrawal of advertising;
5) introduces restrictions related to distribution of advertisements;
6) specifies the use of an administrative penalty in accordance with the legislation of Turkmenistan. 3
. The officials of the authorized body in accordance with their mandates have the right to freely upon presentation of business card and a copy of the order (instruction) of the head (deputy head) of the body of the inspection visit the buildings and premises used by the respective legal entities and individuals engaged in activities in the field advertising for the purposes of control measures, checking of documents and obtain information needed in the course of this review.

Article 36. Powers of local executive authorities in the field of advertising

Local executive authorities:
1) carries out the state policy in the field of advertising in their territory;
2) develop and implement plans and activities for the development of promotional activities in their territory;
3) they participate in the development of normative legal acts in the field of advertising and promotional activities;
4) make proposals to improve the legislation of Turkmenistan on advertising;
5) issue permits for placement of outdoor advertising in their territory;
6) issue permits for the installation and operation of the advertising structure in their territory;

7) issue permits to distribute advertisements on cars, buses, wheeled tractors, trailers, registered in their territory;
8) consider appeals of individuals and (or) legal entities on the promotional activities;
9) control in the area of ​​advertising in their territory;
10) reveal improper advertising by the subjects of advertising activity;
11) stop the spread of inappropriate advertising in cases established by this Law, by making provisions of advertisements on halting the spread of improper advertising, dismantling of outdoor advertising or other means;
12) is sent to the Prosecutor's Office and other law enforcement bodies the materials on violation of legislation of Turkmenistan on advertising;
13) exercise other powers in accordance with this Law and other normative legal acts of Turkmenistan in the sphere of advertising and promotional activities.

Article 37. Interagency Council on advertising

1. Interagency Council on advertising created by the Cabinet of Ministers of Turkmenistan to improve the interaction of the subjects of promotional activities on creation of favorable conditions for the sustainable development of the advertising market in Turkmenistan, Society for the Protection of improper advertising, as well as to make recommendations on public policies in the field of advertising and promotional activities.
2. Regulations on Interdepartmental Council for advertising, its powers and composition approved by the Cabinet of Ministers of Turkmenistan.

Chapter VII. FINAL PROVISIONS

Article 38. Responsibility for violation of this Act

1. The advertiser is responsible for the violation of this law in terms of the content of the information provided for the production of advertising, unless it is proved that the said breach was the fault of the advertisement producer or the advertisement distributor.
2. The advertisement is responsible for the violation of this Act regarding the production of advertising. 3
. The advertising is responsible for a violation of this Act in respect of the time, place and means of dissemination of advertising.
4. Violation of the subjects of advertising activity of this Law entails responsibility in accordance with the law.

Article 39. Resolution of disputes

Disputes arising in the process of production and distribution of advertising permitted in accordance with the legislation of Turkmenistan.

Article 40. Entry into force of this Act

This Law shall enter into force on the day of its official publication.



President Gurbanguly Berdimuhamedov of Turkmenistan



Mountains. Ashgabat
26 March 2016
number 374-V.