Protection of the Ukrainian Language

On April 25, 2019, the Verkhovna Rada of Ukraine, after many discussions and amendments, adopted in its entirety draft law No. 5670-d "On Ensuring the Functioning of the Ukrainian Language as the State Language".

We immediately emphasize that, in our opinion, there are no grounds to fear these innovations, but those who rely on foreign languages in their communication with society, partners, clients, and consumers will indeed have to make an effort.

Does the Law oblige everyone to know and speak Ukrainian?

All citizens of Ukraine and those who wish to become citizens of Ukraine must be proficient in the state language, but no one is obliged to communicate exclusively in Ukrainian. For citizens of Ukraine, knowledge of the state language is ensured through education in educational institutions. Foreigners who wish to obtain Ukrainian citizenship must pass relevant exams.

Regarding communication in Ukrainian, the law is strict only for certain individuals: among officials, for example, the president, the speaker of parliament and their deputies, the prime minister and vice prime ministers, heads of ministries and all state institutions, deputies, civil servants, local government officials, judges and lawyers, teachers and medical workers, and other officials must speak Ukrainian fluently.

Does this law apply to business?

The Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as the State Language" regulates the functioning and use of the Ukrainian language as the state language in the spheres of public life defined by this Law:

• enterprises, institutions, and organizations of state and communal forms of ownership
• local self-government bodies
• state authorities
• education
• sports
• culture
• consumer service sector.

Thus, certain provisions of this Law undoubtedly apply to you if you:

• serve consumers - shops, cafes, restaurants, provide services to consumers
• present your goods/services by posting information on the Internet, have a website, place ads online
• distribute printed materials, create advertising materials.

What are the main mandatory requirements of the law for such business entities?

Article 30 "State language in the sphere of consumer services" defines the mandatory use of the state language for consumer services in Ukraine.

According to Part 2, business entities serving consumers provide services and information about goods (services), including through online stores and online catalogs, in the state language, i.e., Ukrainian. However, at the client's request, their personal service may also be provided in another language acceptable to the parties (Part 3, Article 30).

This means that information about your goods/services must primarily be provided to consumers and clients exclusively in Ukrainian. For example, if you own a coffee shop or cafe, you or the waiters working in such an establishment must serve clients in Ukrainian, and only at their request switch to another language.

Part 6 of Article 30 also stipulates that manufacturers (performers, sellers) in Ukraine of all forms of ownership provide consumers with information about products (goods), works, or services in the state language. Information about products (goods), works, or services is brought to the consumer's attention by the manufacturer (performer, seller) in the accompanying documentation attached to the product (good), work, or service, on the label, as well as in marking or in another way (in an accessible visual form) acceptable for specific types of products (goods) or in specific service areas (Part 7).

According to Part 8, "If, in addition to the state language, information about goods and services is also provided in other languages, the content and volume of information about goods and services in the state language cannot be less than the content in any other language.

Labels on the product (good) and its packaging are made in the state language and may be duplicated in other languages. Such labels may be in English, provided that their meaning is obvious to consumers of such goods and is not capable of misleading them. An explanation of the content of these labels in the state language is brought to the consumer's attention in the user manual and other accompanying information in accordance with the law."

As we can see, the law not only requires the mandatory use of the Ukrainian language but also encourages the wider use of the English language, which can certainly only be seen as a positive.

What are the requirements for presenting information on the Internet?

Particular attention should be paid to the presentation of information on the Internet, as this concerns all business entities that have their own websites, social media pages, or mobile applications.

According to the requirements of Article 27, Internet representations (including websites, social media pages) and Mobile applications (Part 7) of business entities that sell goods and services in Ukraine and are registered in Ukraine must be in the state language. Alongside the version of Internet representations (including websites, social media pages) in the state language, versions in other languages may exist (i.e., at the discretion of the business entity). The version of the Internet representation in the state language must contain no less information in terms of volume and content than foreign language versions, and it must load by default for users in Ukraine.

Parts 1 and 2 of the article stipulate that a computer program with a user interface sold in Ukraine, installed on goods sold in Ukraine, must have a user interface in the state language and/or English, or other official languages of the European Union.

Non-compliance with this requirement entails consequences defined by consumer protection legislation for the sale of goods of inadequate quality.

This means that business entities must ensure that web pages load in Ukrainian by default, and then other languages can be selected at the user's choice. It is often found that the Ukrainian version is much shorter or less comprehensive compared to other languages, so from now on, this constitutes a violation of the Law.

Are there requirements for maintaining records and document management in Ukrainian?

Another mandatory requirement of the Law is the provision of Article 37, which establishes requirements for record-keeping, document management, correspondence, and reporting of public associations, political parties, and other legal entities.

According to Part 1, the language of correspondence of public associations, political parties, and other legal entities registered in Ukraine with state authorities, local self-government bodies, enterprises, institutions, and organizations of state and communal forms of ownership in Ukraine is the state language. From the provisions of this article, it is clear that all correspondence, appeals, etc., to state bodies and local authorities must be in Ukrainian.

Do these requirements apply to contract conclusion?

In our opinion, these requirements do not apply to the issue of concluding contracts between legal entities. However, considering that such commercial contracts may subsequently be submitted to state bodies, for example, tax authorities or courts, we recommend concluding contracts specifically in Ukrainian, or having a Ukrainian translation of a contract concluded in a foreign language.

We will discuss liability for violations of the Law in our next article.