From January 16, 2021, the sphere of service will be switched to the Ukrainian language - in accordance with Article 30 of the law "On ensuring the functioning of the Ukrainian language as a state". Penalties are provided for non-compliance with language norms, but they do not take effect immediately.
ElitExpert understood what the new norm of the "language law" is.
Almost 12 for Russian
According to the new rules, from January 16, all service providers, regardless of the form of ownership, are obliged to serve consumers and provide information about goods and services in the state language. In a supermarket and in an online store, in a cafe, a bank, at a gas station, in a pharmacy or a library - wherever you are - the service must be Ukrainian. Only at the request of the client, his personal service can be provided in another language.
In addition, the requirement for service in the state language does not only concern the sphere of trade. It is also about educational services, including clubs and sections, medical care, provision of social services, etc.
In general, any services. For example, if the doctor first speaks to you in Russian, he will break the law.
When communicating with the client in Russian, the authorized representative or his representative draws up an act and announces a warning to the company. And the requirement will eliminate violations within 30 days. In case of repeated violation within a year, a protocol is drawn up. And a decree is issued on a fine in the amount of 300 to 400 tax-free minimums (5100-6800 UAH). Ego must be paid within 15 days. A repeated administrative violation within a year will result in a fine ranging from UAH 8500 to UAH 11. At the same time, you can try to appeal the decision on the fine in court.
True, the fines will come into force only from July 16, 2022. Until this moment, there can be no sanctions for those who served customers in a language other than the state language.
It turned out to be unconstitutional
The authors of the "language law" did not take into account one important detail: it may contradict the Constitution of Ukraine - the main law of the country. Yes, Art. 10 of the Constitution reads:
"Ukrainian is the state language in Ukraine. The state ensures comprehensive development and functioning of the Ukrainian language in all spheres of public life throughout the territory of Ukraine. In Ukraine free development, use and protection of Russian is guaranteed, second languages of national minorities of Ukraine. The state promotes the study of languages of international communication. The use of languages in Ukraine is guaranteed by the Constitution of Ukraine and determined by law".
That is, with an objective judgement, it is quite easy to challenge the fines in court.
In addition, it is possible that there will be no fines: the Constitutional Court of Ukraine examines the compliance of this language norm with the laws. If it is recognized as unconstitutional, it will lose its force. However, if the KSU decides that the law does not violate the Constitution, then the district courts will no longer help entrepreneurs whose employees "caught up in Russian."
How will Ukrainians react?
It is obvious that the majority of native speakers of the Russian language will feel aggrieved. According to some experts, such measures can negatively affect the quality of service as a whole, and, consequently, the level of tourist attraction. This can especially affect the indicators of the southern regions.
Conflicts based on language are also expected. Read more about this in the previous ElitExpert article.
