Article 17. State regulation in the field of advertising Chapter 3. State regulation in the field of advertising of the Law on Advertising

Home / RLA / Article 17. State regulation in the field of advertising Chapter 3. State regulation in the field of advertising of the Law on Advertising

1. State regulation in the field of advertising is understood as control over the production, distribution and placement of advertising established in accordance with the regulatory legal acts of the Republic of Kazakhstan.

State regulation in the field of advertising is carried out by the authorized body in the field of advertising, regulatory state bodies in the field of advertising, as well as local executive bodies within their competence established by the legislation of the Republic of Kazakhstan.

2. The main objectives of government regulation in the field of advertising are:

1) protection of national interests;

2) prevention and suppression of inappropriate advertising, as well as advertising that encroaches on public values and generally accepted norms of morality and morality;

3) protection against unfair competition.

4) ensuring the safety of human life and health and the environment.

3. State control over compliance with the legislation of the Republic of Kazakhstan on advertising is carried out in the form of verification, preventive control with a visit to the subject (object) of control and preventive control without visiting the subject (object) of control.

Inspection and preventive control with a visit to the subject (object) of control are carried out in accordance with the Business Code of the Republic of Kazakhstan.

4. Preventive control without visiting the subject (object) of control is carried out in accordance with this Law and the Business Code of the Republic of Kazakhstan.

The object of preventive control without visiting the subject (object) of control in the field of advertising is the activities of advertising distributors and advertisers.

The subjects of preventive control without visiting the subject (object) of control are advertising distributors and advertisers.

The objectives of preventive control without visiting the subject (object) of control are the timely suppression and prevention of violations, granting the subjects of control the right to independently eliminate violations identified by the results of preventive control without visiting the subject (object) of control, and reducing the administrative burden on them.

Preventive control without visiting the subject (object) of control is carried out by analyzing information obtained from various sources of information.

In case of detection of violations based on the results of preventive control without visiting the subject (object) of control, a recommendation is sent to the subject of control no later than five working days from the date of detection of violations.

The recommendation must be delivered to the subject of control personally against signature or in any other way confirming the facts of its sending and receipt.

A recommendation sent in one of the following ways is considered to have been served in the following cases::

1) on purpose – from the date of the mark in the receipt recommendation;

2) by mail – from the date of notification of receipt of the postal item by registered mail;

3) electronically – from the date of sending to the e-mail address of the control entity specified in the letter when requested by the state or local executive body.

The recommendation to eliminate violations identified by the results of preventive control without visiting the subject (object) of control must be executed within ten working days from the day following the day of its delivery.

In case of disagreement with the violations specified in the recommendation, the control entity has the right to send an objection to the state or local executive body that sent the recommendation within five working days from the day following the day of delivery of the recommendation.

Failure to comply with the recommendations on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control within the prescribed period entails the appointment of preventive control with a visit to the subject (object) of control by including in the semi-annual list of preventive control with a visit to the subject (object) of control.

Preventive monitoring without visiting the subject (object) of control is carried out no more than twice a month.

The Law of the Republic of Kazakhstan dated December 19, 2003 No. 508.

This Law regulates the relations arising in the process of production, distribution, placement and use of advertising in the territory of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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