On June 24th, 2019 Legal Alliance Company organized seminar “Language Law: Changes in Company Activities” dedicated to key provisions of the Law of Ukraine “On Ensuring Functioning of the Ukrainian as State Language” on rules of document drawing, changes in product marking, promotion and digital, as well as liability for violation of law.
Representatives of the pharmaceutical sector and market of medicines discussed with lawyers the most important and sensitive changes for business.
Natalia Lavrenova, attorney-at-law, mediator, associated partner at Legal Alliance Company, spoke about the following aspects:
- Among other things, the Law concerns labour relations, education and science, advertising, culture, mass media, computer programs, web-sites, mobile applications, healthcare, customer service;
- Applies in public sectors of community life, however, does not apply in the sector of private communication and religious practices;
- Some provisions become effective not immediately, in particular, those related to advertising, healthcare, technical and project documents, customer service, interface of computer programs installed on goods, online representation services;
- First of all, changes will concern submission of documents to state authorities, state-owned or communal enterprises, institutions and organizations. It is important to note that these insignificant changes are urgent for the pharmaceutical market and medical devices market.
Nataliia Abramovych, associate, mediator at Legal Alliance Company, more in detail dwelled on the following practical matters:
- Product marking. Mandatory information about the product can be provided not only on the label (marking) of the product, but also in supporting documents attached to the product at a place of product realization, communicated by distance connection means (upon consumer’s consent) or by other means (in visual form).
- Computer programs with user interface realized in Ukraine must have user interface in the state language and/or English, or other EU languages; equipment realized with the corresponding software must have interface in Ukrainian. Such requirements do not apply to interfaces of specialized medical equipment purported for use by professionals.
- Mobile applications of commercial entities realizing products in Ukraine must have user interface version in the state language. However, this does not exclude versions in other languages and does not apply to language of private communication within the corresponding mobile application.
- Web-sites and web-pages in social networks of commercial entities registered in Ukraine realizing products and services in Ukraine must by default have Ukrainian version and can be duplicated in other languages too (in this case scope and content of Ukrainian version must be not less than version in another language).
- Web-sites of foreign commercial entities realizing products and goods in Ukraine and which have subsidiaries, branches and representative offices can place in Ukrainian only information which is enough for clear navigation and understanding purpose of company activities. Such a version must also be opened by default.
- Advertisement of products via blogers must be done in Ukrainian. Information which is a personal opinion of an individual can be put in any language comfortable for a bloger since it is his private life.
Illya Kostin, partner, attorney-at-law at Legal Alliance Company, in his turn emphasized on the grounds for prosecution for violation of the law. In particular, liability occurs in case of re-violation or non-fulfillment of controlling body’s requirements. Regarding the liability:
- Prosecution for non-fulfillment of requirements as for consumer servicing is as follows: 1) exercise of state control by the Commissioner; 2) drawing the act; 3) warning and requirement to remedy the violation within 30 days; 4) drawing protocol (in case of a repeated violation within a year upon the violation); 5) resolution on fine in the specified amount.
- Regulations on consideration of claims and state control become effective 6 months upon appointment of the Commissioner, and regarding administrative liability prescribed by the Code of Ukraine on Administrative Violations – 3 years upon effective date of the law.
