The issue of placing outdoor advertising in the city of Kyiv was always topical, because this is not primarily about promoting your business. However, the placement of advertising requires an uncomplicated procedure for approval by the working body, which ultimately involves obtaining the appropriate permission.
It is worth noting the most topical issues regarding advertising in Kiev: distributed advertising designs in Kiev and the requirements of the city council to them? What is the procedure for obtaining a permit and what set of documents is required for this? What are the format zones and much more … We will give you a detailed answer to these questions.
General conditions and procedure for obtaining a permit for the placement of advertising material (design) are regulated by a number of legal acts, including – the Law of Ukraine “On Advertising”, the Resolution of the Cabinet of Ministers of Ukraine “On Approval of Model Rules for the placement of outdoor advertising.” As for the procedure for obtaining a permit for the placement of outdoor advertising in the city of Kyiv, new rules “new code of the city” have recently been implemented, based on the decision of the Kyiv City Council dated April 20, 2017, No. 223/2445 “On Approval of the Rules for Advertising Facilities in Kyiv”.
Consequently, the appendixes to the rules contain – “Zoning of accommodation of advertising means in the city of Kiev” and “Classifier of typical advertising tools”.
Regarding format zones, this is the designated area of the advertising tool of exceptional size and size, that is, according to the location (territory of the city of Kiev) of the advertising medium, its minimum and maximum size is set. For example, from 0 (the smallest size and size) to 4 format zones (the largest size and size).
Among the most popular advertising tools in the city of Kiev there is a special advertising design on the front of the house / building (advertising tool 016) and a special advertising design, which is located at an angle to the front of the building / building “bracket” (advertising tool 017). To the main technical and “aesthetic” requirements (proportions) for the placement of advertising tools, their size is taken into account for the rules of the format zone and the location on the very facade of the building (buildings).
So, consider the concept and basic requirements for a special advertising structure on the facade:
This is a flat or volumetric (volumetric letters, etc.) advertising device that is installed parallel to the front of the building (building) and has external surfaces for advertising, and is not a sign or a sign in the sense of the Law of Ukraine “On Advertising”. The main criterion for distinguishing an information sign from an advertising medium is that the content of the sign should not be called calls to purchase goods, services, and may contain trademark or trade image, besides the area of signboards can not be more than 3 m. Square ..
Main features of the promotional tool:
– RH should not close the elements of the decor of the facade (decorative reliefs, cornices, balcony fencing, erkers, columns, pilasters);
– RH can be placed in window and door openings, taking into account the overlap of the slope no more than 35%;
– the external surface for advertising can not be of awning, banner, vinyl fabric;
– Possibility of placing RZ on the front or, if available, on the side planes of the canopy of the entrance group;
– The distance from the plane of the facade or the canopy, on which the RH is installed, shall not exceed 0,2 m to the front surface of the sign.
Special promotional constructions on the facade of the building (building) for design distinctions are divided into the following types:
On buildings that are objects of cultural heritage of local and / or national importance, as well as in the 0 and 1 format zones, it is permitted to place special promotional constructions on the facade of the building (building) only of the first and fifth type.
In the 2nd format zone it is allowed to place special advertising constructions on the facade of the building (building) of the first, second and fifth type. The light design of special promotional constructions on the facade of the building (building) should not dazzle the traffic participants, nor should it light the windows of residential buildings.
In addition, the scale of 4/6 relative to the plane on which a special construction is installed is desirable. At the same time, some elements, such as logo, sign, capital letters in the inscription and some parts of artistic and decorative elements, can occupy up to 14/16 free space.
More in detail with the rules of placing outdoor advertising in the city of Kiev, you can get acquainted with the decision of the Kyiv City Council with the annexes on the following link http://www.kreschatic.kiev.ua/ua/4712/doc/1495441053.html .
General description and requirements for placing the bracket on the facade of the building:
A console advertising device installed on the front of the building (building) has external surfaces for advertising, consists of a spatial metal frame and advertising space and is not a sign or a sign in the sense of the Law of Ukraine “On Advertising”. Key Features and Requirements:
– the protrusion (width) of the RE from the facade – not more than 0,9 m;
– is placed at an angle of 90 ° to the facade of a house or a building;
– has no more than two advertising surfaces in one horizontal section;
– may have an internal illumination;
– the lower edge of the RZ (spatial frame) should be located at a height of not less than 2.5 meters from the surface of the road surface (soil level).
So, we introduced you to the technical requirements for placing the most used advertising tools, but how about the procedure for obtaining permission and what needs to be done?
The special regulatory legal act regulating the permit procedure is the Resolution of the Cabinet of Ministers of Ukraine “On Approval of Model Rules for the Accommodation of Outdoor Advertising”. Paragraph 9 of the resolution provides for an exhaustive list of necessary documents – in particular, an application is filed in an arbitrary form to the authorized agency for issuing permits – the Advertising Department of the KSCA, earlier (the priority decision was established by the Department of Urban Development and Architecture of the KCSA), along with which a photograph or a computer layout of the site (at least 6 x 9 centimeters in size), where the layout of the advertising medium is planned, and a sketch of a promotional tool with a constructive solution that is developed taking into account all existing requirements. It’s advertising materials, including a bracket and a special promotional design.
The constructive solution is a schematic design with a technical description of the constituent parts of an advertising design developed by a certified architect.
Also, a package of documents is filed – a duly certified copy of the developer’s license (certificate) confirming the right of the latter to render services (works) for the right to construction design and construction). Documents are filed with a statement through the Center for the provision of administrative services on a one-stop basis.
It is prohibited to charge any fee for issuing a permit, therefore this service is free of charge. Regarding the terms of consideration of an application, then, in accordance with paragraph 10 of the Rules, the time limit for the issuance of a permit or the provision of a written notice of refusal to issue it is 10 business days.
But in fact, in fact, the period of approval and issuance of a permit takes about 3 to 6 months, due to the large load on the working body. Since according to where, if not in Kiev, the development of trade and business is the largest, and accordingly, each businessman wants to legally provide advertising support for his activities.
You can read the text of the Model Rules, the approved forms of the permit for placing the advertisement and the application, by following the link http://zakon5.rada.gov.ua/laws/show/2067-2003-%D0%BF .
In Kiev, a municipal enterprise “Kyivreklama” operates, which, after detecting the establishment of an illegal advertising medium and obtaining an order from the Office of Advertising, has the authority to dismantle the advertising design.
This is obviously an undesirable and unfavorable consequence, since the first one is an advertising tool, it costs a lot of money, and disassembly can lead to severe damage to the construction elements, and secondly – it will be necessary to pay several thousand hryvnias for dismantling and placement services on a special site . The advertising design after dismantling will be kept on the site before the receipt of a receipt for payment of the account of the Communal enterprise “Kievreklama”.
And if you still want to return your ad, then you will need to write a statement in the Kyiv Communicator Kyivreklama, together with a receipt for payment of disbursement payments. Separately we pay attention to the fact that before receiving an invoice for payment of compensation, you are obliged to provide documents confirming the ownership of the property itself – the advertising design.
It is also important to point out that the owner of the advertisement has the right to apply to the court, in cases of illegal dismantling of his advertising medium; the refusal of the authorized body to issue a permit, or the owner-building authority agrees with the placement of the advertising medium.
In addition, administrative liability is provided under the Code of Administrative Offenses of Ukraine.
This is a violation of state standards, norms and rules in the field of improvement of settlements, rules for the improvement of territories of settlements (Article 152 KUpAP). Accordingly, the punishment is – imposing a fine on citizens from 340 to 1360 UAH. and on officials, citizens – entrepreneurs – from 850 to 1700 UAH ..
The decision (decree) on bringing to administrative responsibility is taken by the Administrative Commission at the Kiev city council.
If a decision is made to impose administrative penalties on an offender, it may be appealed to the local court of general jurisdiction (Pechersk District Court of Kyiv) in accordance with Articles 287-296 of the CUPAP taking into account the requirements of the Code of Administrative Justice of Ukraine. Moreover, an administrative claim is filed within 1 day from the day the appeal is lodged. The court fee in such cases is not paid.
Consequently, a few examples from the jurisprudence should be cited regarding the appeal of the unlawful refusal and inaction of the authorized body regarding the failure to issue permits for the placement of outdoor advertising and the recognition of the illegal dismantling of the advertising medium.
In the administrative case, 826/477/17, PP “Individual” is appealing to the Department of Urban Development and Architecture of the KSCA for a decision to oblige to make an appropriate decision to grant the enterprise permits for the placement of outdoor advertising in accordance with the principle of tacit consent according to the submitted by the private enterprise “Individual” ( Code EDRPOU 33696193) applications and received descriptions. The claim is fully satisfied.
Reference to the court decision http://www.reyestr.court.gov.ua/Review/67958290 .
Also available is the decision of the Commercial Court of Kyiv dated 08/28/2017 in the economic case 910/10416/17 in the suit of AVIA System Integral Business Ltd. to the KYIVREPLAMA Communal Enterprise on the recovery of property from someone else’s illegal possession and the obligation to return property as a result of unlawful dismantling .
The court granted the claim fully, proceeding from the following.
The order of advertising in Kiev, approved by the decision of the Kyiv city council №37 / 6253 dated September 22, 2011, does not provide for the defendant’s right in case of dismantling of a design that is the property of another person, and who requested the return of such property, to hold such a structure. .
The costs incurred by the defendant in dismantling the advertising medium also do not give the defendant the right to retain the property of another person, since they do not deprive him of the right to apply to the plaintiff in accordance with the procedure established by law with claims for reimbursement of these expenses.
A similar legal position is given in the decisions of the Supreme Economic Court of Ukraine dated 03.08.2016 and from 02.02.2017 in the case No. 10/2196/16.
Thus, the inactivity of the defendant with respect to not transferring to the plaintiff after his treatment of the property belonging to him (by reference to the absence of payment of the obligated costs of the defendant related to the dismantling of the advertising medium, its transportation, subsequent storage and retention) are such as to violate the property right of the Company Limited Liability Company “AVIA System Integrated Service”.
The text of this decision can be found at the following link: http://www.reyestr.court.gov.ua/Review/68589150 .
So, if you have any questions about the placement of outdoor advertising in the city of Kyiv, the obtaining of appropriate permissions, and other issues concerning the appeal of a decision, action or inaction of the authorities, regarding refusal to grant a permit, appeal of decisions on bringing administrative commissions to administrative responsibility, and a claim to the Kyivreklama Communal Enterprise regarding the return of the property of advertising constructions and other issues – please contact the Bragar Group Law Office and we will provide you with the necessary qualifications. forged legal assistance in solving important advertising issues.
In the end, resolving the legal issues of the approval of outdoor advertising is achieved in a short time and without surprises when the customer addresses at the stage of developing a layout of advertising signage. And not at the stage when the signboard is mounted incorrectly and as a consequence of the Office of Advertisement issues a requirement for the need to carry out a separate disassembly for a specified period.