The Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as the State Language” (hereinafter referred to as the Law) defines the requirements for the use of the state language in various spheres of public life in Ukraine, including in the activities of entities that provide or participate in the provision of tourism and excursion services (legal entities of all forms of ownership, individual entrepreneurs, individuals engaged in activities related to tourist escorting, in particular guide-interpreters, tour guides, instructors, conductors, and other tourist escort specialists).
1. Article 30 of the Law establishes general requirements for the language of customer service. In particular, it specifies that the language of customer service in Ukraine is the state language. Enterprises, institutions, and organizations of all forms of ownership, individual entrepreneurs, and other business entities that serve consumers provide services and information about goods (services). Information in the state language may be duplicated in other languages. At the customer's request, personal service may also be provided in another language acceptable to the parties.
At the same time, the Law also establishes specific requirements for the language of tourist and excursion services. According to part eight of Article 23 of the Law, the language of tourist and excursion services is the state language. Tourist or excursion services for foreigners and stateless persons may be provided in another language.
Therefore, when providing tourist and excursion services to citizens of Ukraine on the territory of Ukraine, including through electronic means of communication, only the state language shall be used. The use of a language other than the state language is permitted only when providing such services to citizens of other states or stateless persons.
However, since tourists and excursionists are also consumers, their personal service, which is not directly related to tourist or excursion services (when choosing, purchasing tourist or excursion services, responding to complaints or suggestions, drawing up settlement or other documents, etc.), may be provided in a language other than the state language, but only at the request of the customer and with the consent of the service provider.
2. In accordance with parts six and seven of Article 27 of the Law, the Internet representation, in particular websites, web pages on social networks, accounts in messengers, mobile applications, etc., of entities providing tourist or excursion services shall be in the state language. Along with the version of online representations in the state language, there may be versions in other languages. The version of the online representation in the state language must have at least the same amount and content of information as the foreign-language versions and must be loaded by default for users in Ukraine.
3. In accordance with Article 28 of the Law, information for general information (announcements, in particular those containing a public offer to conclude a contract, indexes, signs, notices, messages, inscriptions, and other publicly displayed text, visual, and audio information used or that may be used to inform an unlimited number of persons about goods, works, services, business entities, including entities that provide tourism or excursion services) shall be provided in the state language, unless otherwise provided by law. Information for general reference may be duplicated in other languages in accordance with the law.
4. According to Article 32 of the Law and Article 6 of the Law of Ukraine “On Advertising,” the language of advertising in Ukraine is the state language. Paragraph 15 of Part 1 of the Law of Ukraine “On Advertising” establishes that advertising is information about a person, idea, and/or product, distributed for monetary or other remuneration or for the purpose of self-promotion in any form and by any means, and intended to form or maintain, either directly (direct advertising, teleshopping) or indirect (sponsorship, product placement) manner, the awareness of consumers of advertising and their interest in such persons, ideas, and/or goods.
5. In accordance with Article 41 of the Law, geographical names, as well as the names of squares, boulevards, streets, lanes, alleys, passages, avenues, squares, embankments, bridges, and other toponymic objects of populated areas shall be written in the state language. The names of toponymic objects shall not be translated into other languages, but shall be rendered in official documents, the media, cartographic, reference, encyclopedic, educational, and other publications using the letters of the corresponding alphabet in accordance with their pronunciation in the official language.
6. At the same time, it should be noted that, in accordance with Article 42 of the Law, trademarks (signs for goods and services) are used (in particular, for example, in advertising, information for general information, information about goods and services, etc.) in the form in which they are legally protected.
7. Article 49 of the Law stipulates that the tasks of the Commissioner for the Protection of the State Language (hereinafter referred to as the Commissioner) are: 1) to protect the Ukrainian language as the state language; 2) to protect the right of Ukrainian citizens to receive information and services in the state language in the areas of public life specified by this Law throughout the territory of Ukraine and to remove obstacles and restrictions on the use of the state language.
In order to carry out the tasks assigned to him, the Commissioner, among other things: considers complaints from individuals and legal entities about the actions and inaction of state authorities, local self-government bodies, enterprises, institutions, and organizations of all forms of ownership, other legal entities, and individuals regarding compliance with the requirements of the legislation on the state language; draws up protocols and applies penalties in cases established by law.
According to Article 57 of the Law, for repeated violations of the requirements established by Article 30 of this Law within a year, the Commissioner shall impose a fine of three hundred to four hundred non-taxable minimum incomes on business entities conducting economic activities on the territory of Ukraine.
On the basis of Article 244-24 and in accordance with Article 188-52 of the Code of Ukraine on Administrative Offenses (KuAP) for violation of the requirements of the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as the State Language” regarding the use of the state language, the Authorized Person shall apply an administrative penalty in the form of a fine of two hundred to five hundred non-taxable minimum incomes of citizens (3400 - 8500 UAH) or a warning if the violation is committed for the first time. For a repeat violation within a year, for which the person has already been subjected to administrative penalties, the Commissioner shall impose a fine of five hundred to seven hundred non-taxable minimum incomes (8,500–11,900 UAH).
8. More information about the requirements of the legislation on the state language and the activities of the Commissioner for the Protection of the State Language can be found on the official website of the Commissioner: https://mova-ombudsman.gov.ua