16 липня 2019 року набуде чинності Закон України «Про забезпечення функціонування української мови як державної» («Закон»). Положення Закону впливатимуть і на авіаційну галузь. Нижче наводяться головні положення Закону про мову, які можуть бути корисними для вас.
I. INFORMATION FOR GENERAL PUBLICITY
Information for general publicity (announcements, including those containing a public offer to conclude an agreement, pointers, messages, inscriptions and other publicly available text, visual and audio information that is used or can be used to inform an unlimited number of persons about goods, work, services) shall be provided in Ukrainian (p.1 art.28 of the Law on language).
This rule is not applicable to webpages information (see below).
Simultaneous use of other language version is not prohibited.
II. LANGUAGE OF DOCUMENTS RELATED TO STATE AUTHORITIES
All documents that are sent to any state authority shall be in Ukrainian (art.37 on the Law on language).
III. INTERNET WEB PAGES (EFFECTIVE FROM 16TH OF JULY 2022)
For Ukrainian legal entities (entities that sell goods or services in Ukraine and are registered in Ukraine)
Any online representations (including websites, web pages in social networks) of Ukrainian legal entities shall have Ukrainian version of such online representations.
The volume and content of the Ukrainian version shall be not less than other language versions (p.6 of the art.27 of the Law on language).
The Ukrainian version of the website shall be displayed first.
For foreign legal entities with a representative office, affiliated company or branch in Ukraine
Foreign legal entities that have a representative office, affiliated company or branch in Ukraine shall have their webpages in Ukrainian in the amount that will be enough to navigate through the website and will disclose the business purpose of the entity (p.6 of the art.27 of the Law on language).
The Ukrainian version of the website shall be displayed first.
Foreign legal entities that have no representative offices or affiliated entities in Ukraine have no obligations regarding their Internet webpages.
For any legal entity that sells goods or services in Ukraine: mobile applications shall contain Ukrainian language version among other (effective from 16th of July 2019).
IV. FINES
If the website doesn’t comply with the requirements specified, the fines shall be as following:
1) First violation – warning with a demand to stop violation during 30 days;
2) Second violation – fine up to EUR 170 (Art. 188-52 of Administrative Code of Ukraine);
3) Violation during the same year – fine up to EUR 400 (Art. 188-52 of Administrative Code of Ukraine).
V. LANGUAGE IN CUSTOMER SERVICE (EFFECTIVE FROM 16TH OF JANUARY 2021)
Legal entities shall provide services and information about goods (services), including through online stores, in Ukrainian (art.30 of the Law on the language). This rule is not applicable to foreign entities even if they have representative offices in Ukraine.
Simultaneous use of other language version is not prohibited.
At the request of the client, his personal service may also be carried out in a language acceptable to the parties.
VI. LANGUAGE IN ADVERTISING (EFFECTIVE FROM 16TH OF JANUARY 2020)
The Ukrainian language shall be used for advertising (art.32 of the Law on language).
But there are two exceptions:
1) In print media issued in one of the official languages of the European Union (KyivPost, for example), advertising is allowed in the language of such media;
2) On television and radio broadcasting in one or more official languages of the European Union, advertisements may be in one the official languages of the European Union.
VII. LANGUAGE IN AVIATION
The official language in the transport sphere shall be Ukrainian (art.36 of the Law on language).
In all types of passenger transport (including airplanes and airports) the language of information, announcements, messages, reference services shall be Ukrainian. If necessary, this information may be duplicated in English, and at international flights – in the language of destination.
The language of service of passengers in airplanes shall be Ukrainian. At the request of the passenger, his personal service may be carried out in a different language acceptable to the parties.
State aviation service of Ukraine has not given its comments regarding implementation of above-mentioned provisions. We will inform you, as soon as official commentaries will appear.
The language of air traffic control services in all kind of transport shall be Ukrainian, except for cases of use of another language in accordance with the terms of the international agreements. (As Ukraine is a part of EUROCONTROL International Convention nothing will change).
Names of airports, ports, stations, stops, own names of vehicles shall be delivered in the Ukrainian. These names may be also transliterated according to their naming in Ukrainian (Kyiv not Kiev, Lviv not Lvov, effective from 16th of July 2020). Names of airports may be displayed through IATA, ICAO or other codes (effective from 16th of July 2020).
VIII. OTHER PROVISIONS
Employment agreements shall be obligatory concluded in Ukrainian (any other language may be additional) (p.1 art.20 of the Law on language).
Trademarks shall be used in the form they were officially registered (p.1 art.42 of the Law on language).
IX. LANGUAGE OMBUDSMAN (EFFECTIVE IN 6 MONTHS AFTER ELECTION OF OMBUDSMAN (NOT ELECTED YET)
Language ombudsman’s main goal is to keep the observance of the Law on language (art.49 of the Law on language).
The legal entity may be fined only after an investigation by Language ombudsman. The investigation starts at the initiative of ombudsman or at the complaint of a private individual or legal entity (Art.54-57 of the Law on language).
Language ombudsman has the right to demand documents from legal entities in order to check the observance of the Law on language (art.56 of the Law on language).
The fine for non-providing documents shall be up to EUR 105 paid by officials of a legal entity (Art.188-53 of the Administrative code of Ukraine).
