Placement of signage and outdoor advertising is one of the most effective ways to inform prospective buyer/customer about your products or services. However, with the placement of advertising material is often a problem, which is to obtain a permit for their accommodation. This phenomenon is explained by the fact that in Kiev there is no single accepted normative act that establishes the requirements for the exclusive advertising tools that are placed within its territory.
The main piece of legislation that regulates basic provisions on advertising is the Law of Ukraine “On Advertising”.In this law order advertising in Kiev still a number of governing regulations, orders KCSA №565 «On the order of placing information signs”, “Standard rules for outdoor advertising” and “The concept of outdoor advertising in Kiev.”The problematic aspect is that these regulations do not, and in some places, and obviously contradict each other.
First it is necessary to pay attention to the rules is the placement of signs as the main method of informing the consumer. To post signs do not need to get permits from regulatory authorities.But the question is what is the sign.The Law of Ukraine “On Advertising” distinguishes between the sign and outdoor advertising (for which, in turn, need special permits) only by the nature of the information posted on it.
So according to this law is considered a sign plate information:
Also very significant is and placement of information signs. So in order to recognize its sign, not outdoor advertising, it should be:
That there are only two criteria of differentiation, location and content information.However, in practice there are some problems with the placement of signs. So the information relates to the size of such tablets as well as various regulations have different requirements for areas such advertising means.According to the order of KCSA No565 sign more than 2 square meters is outdoor advertising.A somewhat different approach used in the Model Regulations outdoor advertising, approved by the Cabinet of Ministers of 29.12.2003 No2067.In May 2012 in p. 48 of the Model Regulations were amended, which determined that the area of signboards and tablets surface should not exceed 3 square meters.But these rules are not states that signs and plaques covering more than three square meters is outdoor advertising.
That amount of information specifically listed signs (from 2m to 3m 22), which allows control authorities to interpret data to their own desires standards and allowing the latter to deny a passport to agree to such a sign exclusively on formal reasons.
As of the issuance of such a passport, it is quite complex and lengthy.So for passport information signs this sign must meet all the requirements listed above.To obtain a passport you must submit the following documents:
As for the outdoor advertising, it is necessary to accommodate such a permit from the Department of City Planning and Architecture of the Kyiv City Council.For such permission to the said authority permit application is made which included:
Project design advertising funds must meet GOST, DBN and other regulations, and in particular include:
After application planning and architecture department of the Kyiv City Council to prioritize the placement of outdoor advertising in the case, unless the other applicants in this place is given permission for placement of advertising funds.The term of the permit is 5 years, if not less than indicated in the same application for authorization.
Obtaining the permit is completely free.Charged solely on the basis of agreement for the use of placement of the advertising medium.If the municipal building facade is additionally necessary to enter into a contract with balance structures on the use of advertising space.Payment amount, then, set by agreement of the parties.
Also quite problematic is the question of responsibility for violations of placing signage and outdoor advertising.Since the law provides for administrative liability for violations of state standards, rules and regulations in the field of public welfare, rules landscaping settlements.Such violations are punishable by a fine on citizens from twenty to eighty non-taxable minimum incomes of citizens and officials, citizens – entrepreneurs – from fifty to one hundred untaxed minimum incomes. That is the penalty for individuals range from 340 to 1,360 UAH, for legal entities and individual entrepreneurs from 850 to 1700 UAH.
These sanctions are quite low compared to the cost of advertising funds.That’s just from confiscation after dismantling observed most abuses by public utilities.
Thus Article 152 of the CAO, which contains the aforementioned authorization does not provide for confiscation as a form of penalties.In practice, detected a situation where after the dismantling of all cases, is the confiscation of advertising material.
Also in case of abuse is dismantling and confiscation of signs and information tablets, although CAO does not provide accountability for violations during their placement.Also during the dismantling often violated procedural rules, as the report is made on the spot, without consideration of the competent authorities and the right person prosecuted without the possibility of appeal.
After dismantling and confiscation of advertising material, for return to the owner of the property,ME“Kievreklama” required to pay the cost of dismantling and the cost of advertising funds on deposit in the box in Kiev.The amounts of such payments may at times exceed the penalties provided for in the Administrative Code.Dismantling takes place involving cranes, hoists, and their value in the calculation can be inflated from the actual market price.For example, compensation for the dismantling of the usual signs of size 1 * 3 meters, with a height of 3 meters can cost its owner around 2000 UAH.
Therefore, to avoid unnecessary costs in the form of fines, imposition of unreasonable penalties, loss or damage to your advertising signboards, in order to save personal time offer apply to qualified experts in obtaining permits for signage and outdoor advertising.