The Language Law: What Businesses Need to Prepare For

Language Legislation in Ukraine: What Entrepreneurs Need to Know

On January 16, 2021, Article 30 of the Law of Ukraine on the Ukrainian Language in the Sphere of Consumer Services came into force. Entrepreneurs and business owners are obliged to provide information in Ukraine in Ukrainian. What exactly will change for businesses, who officially has the right to conduct inspections and impose fines, where to seek legal support in case of complaints – we will tell you everything in detail about the actions of the language law.

What Will Change for Businesses with the Adoption of the Law on the Ukrainian Language

From January 16, 2021, the following rules come into force for all forms of ownership of enterprises and organizations, according to the Law on the Ukrainian Language:

• consumer service must be exclusively in Ukrainian. And only at the client's request is it allowed to switch to another language
• information about goods and services must also be provided in the state language. Specifically, through online stores, on price tags, in instructions, technical specifications, labeling, tickets, menus
• information may be duplicated in other languages, but its volume in Ukrainian cannot be less than the mandatory volume established by the law on consumer protection. Also, the new language law in the description allows the use of words, abbreviations, acronyms, and designations in English and/or using letters of the Latin and/or Greek alphabets.
• e-commerce entities registered in Ukraine, when distributing a commercial electronic message, must provide information regarding the subject of the electronic contract in Ukrainian.

Lawyers of Olga Petrukhina Law Firm can advise you on compliance with language legislation in Ukraine and provide detailed information regarding the application of the new law's norms in various business sectors. The Law on the Ukrainian Language applies to: shops, cafes, restaurants, those who provide services to consumers, present their goods/services by posting information online on a website, distribute printed materials, create advertising materials. After all, non-compliance with the requirements of the language law may have consequences defined by consumer protection legislation regarding the sale of goods of inadequate quality.

Who Has the Right to Conduct Inspections and Impose Fines According to the New Language Law?

The Commissioner for the Protection of the State Language has the right to conduct inspections and apply sanctions to violators of the new language law. Taras Kremin has been appointed to this position for a term of 5 years. An inspection can take place both based on a submitted complaint and on the initiative of the Commissioner himself. The language ombudsman, if necessary, can involve police officers, state and local authorities. If the complaint is substantiated, the establishment will be issued a warning and a requirement to eliminate the violation within 30 days.

Regarding business inspections, by law, the Commissioner has the right only to request and receive copies of documents, not to directly visit private organizations and enterprises. Detected violations of the new language law are recorded in a corresponding Act and Protocol. A fine can only be imposed after reviewing the inspection results with the participation of a representative of the business entity and after the Commissioner adopts a Resolution on its imposition. The Resolution can be appealed in court.

Penalties for violating the language law will only begin to apply from July 16, 2022. They will range from two hundred to three hundred tax-free minimum incomes of citizens (currently 3400 UAH – 5100 UAH).

What to Do If You Cannot Receive Information or Services in the State Language?

• ask the employee on site to serve them in Ukrainian
• contact the establishment's management or the institution's "hotline" in case of refusal to the consumer and non-compliance with the Law of Ukraine on Language
• record the fact of refusal (audio, video, written confirmation from witnesses) and the business entity's data (name, location, contacts of the entity) in case of failure to provide information/services in the state language
• submit a complaint to the Commissioner within 6 months from the day the applicant discovers the violation to the postal address (01001, Kyiv, Muzeinyi Lane, 12), email skarha@mova-ombudsman.gov.ua or in the appropriate form on the Commissioner's website.

In a complaint regarding the functioning of the Ukrainian language as the state language, it is necessary to specify:

• surname, first name, patronymic
• place of residence
• the essence of the complaint, specifically which entity/employee of the entity, when, at what address, and how they violated the complainant's right
• supporting evidence.

By contacting Olga Petrukhina Law Firm, you can receive legal advice and use lawyer services on any issues related to the application of the new language law's norms.