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On February 28th, 2018 the Constitutional Court of Ukraine considered a case submitted by 57 people’s deputies regarding correspondence of the Law of Ukraine “On Fundamentals of State Language Policy” with the Constitution of Ukraine. As a result, the law lost its legal validity as of the date the Constitutional Court of Ukraine delivered this decision, which is February 28th, 2018.
The Constitution of Ukraine states that the Ukrainian language is a national language, and states that the use of languages in Ukraine is regulated by laws. At the same time, the Constitutional Court of Ukraine in its decision No. 10-рп / 99 as of December 14th, 1999 noted that the Ukrainian language as a state language is the obligatory means of communication on the territory of Ukraine in the exercise of powers by state authorities and local self-government bodies (language of acts, work, record keeping, documentation, etc.), as well as in other public spheres of public life determined by law.
Bearing in mind these changes, let us remind you that according to Article 6 of the Law of Ukraine "On Advertising", the language of the advertisement is determined in accordance with Article 26 of the Law. Currently, there were no changes offered or made to this article. However, since February 28th, 2007, when the Law expired, the requirements for the language of advertising, including of medicines and medical products, have not been legally established.
It should be emphasized that rendering the Law unconstitutional does not automatically lead to the resumption of the regulatory legal act which regulated the linguistic issue before the Law came into force.
Consequently, before the Parliament adopts a new law, which will regulate the principles of language policy in Ukraine and introduction of amendments to Article 6 "On Advertising", which sets the requirements for the language used in advertising, the advertiser can advertise goods in both the state language and the language of national minorities.
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