The law is working: a fine for the absence of a Ukrainian language version of a website

An appeal from a citizen has been submitted to me as the Commissioner for the Protection of the State Language,
registered on **.08.2022 under No. О-ХХХХ, regarding the absence of a Ukrainian-language
version of the website https://***.com.ua.
In accordance with the Law of Ukraine "On Ensuring the Functioning of the Ukrainian
Language as the State Language" (hereinafter — the Law), the tasks of the Commissioner for
the Protection of the State Language include the protection of the Ukrainian language as the state language, as well as the protection of
the right of citizens of Ukraine to receive information and services in the state language in the areas of public life defined by the Law, and the elimination of obstacles and
restrictions on the use of the state language.
Based on the analysis of the website, it has been established that the online resource mentioned in the appeal
is used for the sale of goods and customer service in Ukraine, which implies the state registration of the corresponding business entity
in accordance with current legislation. It has also been established that
the operation of this online resource does not comply with the requirements of
the Law, which is not suspended during martial law. In particular, the
Ukrainian-language version of the online store "****" is absent.
Article 10 of the Constitution of Ukraine provides that the state language in
Ukraine is the Ukrainian language.
I note that according to part six of Article 27 of the Law, which came into
force on July 16, 2022, the internet representations (including websites,
web pages on social networks) of state authorities, local self-government bodies,
enterprises, institutions and organizations of state and municipal
forms of ownership, mass media registered in Ukraine, as well as
business entities that sell goods and services in Ukraine and
are registered in Ukraine, must be executed in the state language. Alongside the version
of internet representations (including websites, web pages on social
networks) executed in the state language, versions in other languages may exist.
The version of an internet representation in the state language must not be smaller in volume
or content than the foreign-language versions, and must be loaded by
default for users in Ukraine.
Article 30 of the Law also stipulates 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 customers (except for cases established by part three of this
article), provide service and information about goods
(services), including via online stores and online catalogs,
in the state language. Information in the state language may be duplicated in other
languages.
An e-commerce entity registered in Ukraine, in the course of its
activities and when distributing a commercial electronic message,
must ensure the provision of all information defined by the Law of Ukraine
"On Electronic Commerce", including information on the subject of the electronic
contract, in the state language.
Among other things, according to Article 7 of the Law of Ukraine "On Electronic
Commerce", the seller (executor, supplier) of goods, works, services in
electronic commerce, in the course of its activities and when distributing a commercial
electronic message, is obliged to provide direct, simple,
stable access for other participants in e-commerce relations to
the following information: the full name of the legal entity or the surname, first name, patronymic
of the individual entrepreneur; the location of the legal entity or
the place of registration and place of actual residence of the individual entrepreneur.
Furthermore, the Constitutional Court of Ukraine in its decision of July 14, 2021
No. 1-r/2021 emphasized that a citizen of Ukraine has no obligation to know
any language other than the state language, therefore providing him, against his will, with information
in a language other than the state language constitutes a violation of his rights and is incompatible with
the Constitution of Ukraine. In connection with the military aggression by the Russian
Federation and its use of the "language issue" as one of the instruments
of its geopolitical expansion, a threat to the Ukrainian language is equivalent to a threat to
the national security of Ukraine, the existence of the Ukrainian nation and its state, and without
the full functioning of the Ukrainian language in all areas of public
life of society throughout the territory of Ukraine, the Ukrainian nation faces the loss of
the status and role of the titular and state-forming nation, which is equivalent to the threat
of the Ukrainian state disappearing from the political map of the world. The Ukrainian language as
the sole state language has the legal status of a mandatory means of communication in
public spheres within the country.
Therefore, business entities that provide customer service,
sell goods and services in Ukraine and are registered in
Ukraine, must by all means operate their
internet representations (websites, pages on social networks,
presences on internet services such as YouTube, Telegram, Viber
and so on) in the state language. Alongside the version in the state language,
versions in other languages may exist.
Versions of internet representations in the state language must not be smaller
in volume and content than the foreign-language versions, and must be loaded 
by default for users in Ukraine.
Loading by default the state-language version of a website for
users in Ukraine implies a situation where, for a user in Ukraine
who has not chosen or shown preference in the settings of the software installed on their device for any
language other than the state language, when entering the domain name of the website
into the address bar of the web browser, the version of the home page of the site rendered in the Ukrainian language opens.
Be advised that under Article 57 of the Law, for a repeated violation within a year
of the requirements established by Article 30 of this Law, the Commissioner for
the Protection of the State Language imposes on business entities conducting
economic activity in the territory of Ukraine a fine in the amount of three hundred to
four hundred non-taxable minimum incomes of citizens (from UAH 5,100 to
UAH 6,800).
Additionally, please note that on July 16, 2022, Article 188-52 of the Code of Ukraine
on Administrative Offenses came into force, according to
which, for violation of the Law regarding the use of the Ukrainian language as the state language
in user interfaces of computer programs and websites,
the direct offenders will be held administratively
liable, with a fine in the amount of 200 to
300 non-taxable minimum incomes of citizens (from UAH 3,400 to UAH 5,100), or
a warning if the offense is committed for the first time. For a repeated offense within a year
a fine in the amount of 500 to
700 non-taxable minimum incomes of citizens (from UAH 8,500 to UAH 11,900) is imposed.
I would also like to note that under conditions of Ukraine's war against the Russian Federation,
ignoring the legal requirements regarding the mandatory use of the state
language in the spheres of public life defined by the Law is extremely negatively
perceived by civil society and individual citizens of Ukraine
who have stepped up to defend the state and recognize the significance of the Ukrainian language for
the future of Ukraine.
In view of the above, and in order to prevent violations of citizens' rights to
receive information and services in the state language, I ask that you provide information
regarding the business entity that conducts economic activity through
the specified online resource, and I also demand that you take
immediate measures to bring your activities into compliance with the legislation on the state language.
Should the requirements of the Law be ignored, I will take appropriate measures
in response within the scope of my authority.
Additional information on the requirements of the legislation and the protection of the state language can be
found on the website of the Commissioner for the Protection of the State Language at
https://mova-ombudsman.gov.ua.
Please inform me of the measures taken within 30 days,
indicating the citizen's appeal number (О-ХХХХ).

Commissioner for the Protection
of the State Language Taras KREMIN