Disciplinary Committee

The Disciplinary Committee for Compliance with the Standards of Non-Discrimination on the Basis of Gender (SCS) is created to consider complaints, disputes regarding the content of advertising and marketing products, including possible cases of violations of the Standards of Non-Discrimination on the Basis of Gender, which were submitted and considered by the IHRC, and in respect of which the IHRC concluded that one or more more serious sanctions should be applied to the violator of the Standards, as well as for the submission and consideration of appeals against the decisions of the IGKR.

The SCS should consist exclusively of independent lawyers with appropriate knowledge of the advertising market.

The procedure for consideration of appeals to the SC

  • The SC considers complaints, disputes regarding the content of advertising and marketing products, including cases of possible violations of the Standards of non-discriminatory advertising on the basis of gender, which are submitted and considered by the IHRC, and in respect of which the IHRC concluded that one or more more serious sanctions should be applied in relation to to the violator of the Standards. Submissions from the IHKR are registered in a generally recognized manner in the Register of Appeals to the State Committee of the State.
  • If the ICRC decides to refer the case to the SCS, all costs for any further proceedings during the case/dispute shall be borne by the violator of the Standards.
  • DCS accepts appeals on bail conditions; the amount of the deposit is determined by the IGKR and the DCS, but should not exceed the amount of five annual membership fees of the association, which maintains the Secretariat. The deposit will be returned to the appellant if the appeal is upheld.
  • The SCS also hears cases with appeals against decisions made and any sanctions imposed by the IGKR.
  • The decision of the meeting of the Disciplinary Committee will be valid with the participation of the Chairman and five members of the SC.
  • The chairman is elected at the general meeting of representatives of professional associations that have signed the Standards.
  • The DCS does not use the participation of witnesses; consideration of complaints and disputes is carried out on the basis of documents, test results, minutes of the meetings of the IHKR, etc., presented by the IHKR; additional studies, expert evaluations and consultations are assigned as needed.
  • The SC should be the final arbiter in the consideration of complaints and disputes. Continuation of consideration of complaints and disputes can be carried out in judicial bodies, if such a need arises.
  • DCS and IHKR reserve the right to represent the interests of members of professional associations/associations in legal proceedings upon appropriate request and on the basis of a power of attorney as a component of compliance with the Standards, the norm of professional ethics and corporate interaction in the interests of the industry and all interested parties.
  • DCS and IHKR accept complaints and disputes from unaffiliated representatives of the advertising and marketing industry in the above manner, but at the request of such unaffiliated members do not take part in court proceedings regarding these cases.
  • The ICRC should inform professional associations/associations about the ICRC’s activities quarterly (through information notices) and annually (through the annual report at annual conferences).
  • The SC establishes the procedure for consideration and resolution of complaints/disputes and informs all participants in the case in writing. The term of consideration of one complaint/dispute should not exceed three months from the date of submission and registration.
  • Due to the confidentiality of the nature of complaints and disputes, the SCS will not disclose the full content and process of consideration of complaints and disputes in information messages, reports, electronic resources, however, professional associations/associations, companies, clients, partners, public organizations will receive information on the subject/ the topics of the complaint, dispute and final decision of the ICRC within the next month after the ICRC meeting at which complaints and disputes were considered.
    Sanctions for violation of the Standards of non-discriminatory advertising on the basis of gender IHKR and DCS may impose one or more of the following sanctions:
  • Warning.
  • Recommendations.
  • Publication.
  • Submission of a request to the relevant professional association to suspend membership in professional associations/associations.
  • Informing authorities.
    Referral of the case to a court hearing is not within the competence of the IGKR and the DCS; these decisions are made exclusively by the plaintiffs or defendants, but the IGKR and the DCS can provide decisions regarding the review of submitted appeals, cases, etc., upon request by the plaintiffs or defendants.
    On September 30, 2011, at the All-Ukrainian Forum of Public Organizations, Maksym Lazebnyk was elected head of the Disciplinary Committee