1. The subject of the dispute is the appeal of the decisions of the State Food and Consumer Service on imposing fines on Wine-Drink LLC for violating the legislation on advertising of alcoholic beverages.
2. The court of cassation noted that the Law of Ukraine “On Advertising” is a special law in this area, and control over compliance with advertising legislation is not a measure of state supervision (control) within the meaning of another law that regulates business inspections. The court drew attention to the fact that promotional materials in the store that contain calls to purchase (“promotion”, “gift”) are considered advertising, and the placement of information about the product in places of sale is not considered advertising. The court also emphasized that the appellate court did not fully investigate the circumstances of the case, did not properly assess the evidence and arguments of the parties.
3. The Supreme Court partially satisfied the cassation appeal, overturned the decision of the appellate court and sent the case for a new trial to the appellate instance.
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