If the advertisements contain inappropriate. Federal law "on advertising" in simple words

Adopted by the State Duma on February 22, 2006
Approved by the Federation Council on March 3, 2006

Chapter 1. General Provisions

Article 1. Objectives of this Federal Law

The objectives of this Federal Law are to develop markets for goods, works and services on the basis of compliance with the principles of fair competition, ensure the unity of the economic space in the Russian Federation, exercise the right of consumers to receive fair and reliable advertising, prevent violations of the legislation of the Russian Federation on advertising, as well as suppress the facts of improper advertising.

Article 2. Scope of this Federal Law

1. This Federal Law applies to relations in the field of advertising, regardless of the place of its production, if the distribution of advertising is carried out on the territory of the Russian Federation.

2. This Federal Law does not apply to:

2) information, the disclosure or distribution or communication of which is mandatory in accordance with federal law;

3) reference and informational and analytical materials (reviews of the domestic and foreign markets, the results of scientific research and testing), which do not have the main goal of promoting goods on the market and are not social advertising;

4) messages of state authorities, other state bodies, messages of local self-government bodies, messages of municipal bodies that are not part of the structure of local self-government bodies, if such messages do not contain information of an advertising nature and are not social advertising;

5) signs and signs that do not contain information of an advertising nature;

6) announcements of individuals or legal entities that are not related to the implementation of entrepreneurial activity;

7) information about the product, its manufacturer, importer or exporter, posted on the product or its packaging;

8) any design elements of the goods placed on the goods or their packaging and not related to other goods;

9) references to the product, the means of its individualization, the manufacturer or seller of the product, which are organically integrated into works of science, literature or art and are not in themselves information of an advertising nature.

3. The provisions of this Federal Law relating to the manufacturer of the goods shall also apply to persons performing work or rendering services.

4. Special requirements and restrictions established by this Federal Law in relation to advertising of certain types of goods also apply to advertising of means of individualization of such goods, their manufacturers or sellers, unless the advertising of means of individualization of an individual product, its manufacturer or seller clearly does not apply to the goods in relation to the advertising of which this Federal Law establishes special requirements and restrictions.

Article 3. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

1) advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at drawing attention to the advertised object, generating or maintaining interest in it and its promotion on the market;

2) the object of advertising is a product, a means of its individualization, a manufacturer or seller of a product, the results of intellectual activity or an event (including a sports competition, concert, competition, festival based on the risk of a game, bet), to which advertising is aimed at drawing attention;

3) goods - a product of activity (including work, service) intended for sale, exchange or other introduction into circulation;

9) sponsor - a person who provided funds or ensured the provision of funds for organizing and (or) holding a sports, cultural or any other event, creating and (or) broadcasting a television or radio program, or creating and (or) using another result of creative activity;

11) social advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at achieving charitable and other socially useful goals, as well as ensuring the interests of the state;

12) antimonopoly body - the federal antimonopoly body and its territorial bodies.

Article 4. Advertising legislation of the Russian Federation

The legislation of the Russian Federation on advertising consists of this Federal Law. Relations arising in the process of production, placement and distribution of advertising may also be regulated by other federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation adopted in accordance with this Federal Law.

2) defames the honor, dignity or business reputation of a person, including a competitor;

3) represents an advertisement of a product, the advertisement of which is prohibited in this way, at a given time or in a given place, if it is carried out under the guise of advertising of another product, the trademark or service mark of which is identical or confusingly similar to the trademark or service mark of the goods, in relation to advertising of which the corresponding requirements and restrictions have been established, as well as under the guise of advertising the manufacturer or seller of such goods;

4) is an act of unfair competition in accordance with antitrust laws.

2) about any characteristics of the goods, including about its nature, composition, method and date of manufacture, purpose, consumer properties, about the conditions of use of the goods, about the place of its origin, the presence of a certificate of conformity or a declaration of conformity, marks of conformity and circulation marks on market, service life, product shelf life;

3) on the assortment and packaging of goods, as well as on the possibility of purchasing them in a certain place or within a certain period;

4) about the cost or price of the goods, the procedure for paying for it, the amount of discounts, tariffs and other conditions for the purchase of the goods;

5) on the terms of delivery, exchange, repair and maintenance of goods;

6) on the warranty obligations of the manufacturer or seller of the goods;

7) on exclusive rights to the results of intellectual activity and equated means of individualization of a legal entity, means of individualization of goods;

8) on the rights to use official state symbols (flags, emblems, anthems) and symbols of international organizations;

9) on official or public recognition, on receiving medals, prizes, diplomas or other awards;

11) on the results of research and testing;

12) on the provision of additional rights or benefits to the purchaser of the advertised product;

15) on the rules and timing of a promotional lottery, competition, game or other similar event, including the deadline for accepting applications for participation in it, the number of prizes or winnings based on its results, the timing, place and procedure for receiving them, as well as a source of information about such an event;

16) on the rules and terms for conducting risk-based games, bets, including the number of prizes or winnings based on the results of risk-based games, betting, the timing, place and procedure for receiving prizes or winnings based on the results of risk-based games, betting , about their organizer, as well as about the source of information about risk-based games, bets;

17) on the source of information subject to disclosure in accordance with federal laws;

18) about the place where, prior to the conclusion of an agreement on the provision of services, interested persons can familiarize themselves with the information that must be provided to such persons in accordance with federal laws or other regulatory legal acts of the Russian Federation;

19) about the person who undertakes the security;

1) induce to commit illegal actions;

2) call for violence and cruelty;

3) be similar to road signs or otherwise threaten the safety of road, rail, water, air transport;

4) form a negative attitude towards persons who do not use the advertised goods, or condemn such persons.

1) the use of foreign words and expressions that can lead to a distortion of the meaning of information;

3) demonstration of the processes of smoking and consumption of alcoholic beverages, as well as beer and drinks made on its basis;

4) the use of images of medical and pharmaceutical workers, with the exception of such use in advertising of medical services, personal hygiene products, in advertising, the consumers of which are exclusively medical and pharmaceutical workers, in advertising distributed in places where medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertisements placed in print media intended for medical and pharmaceutical workers;

6) an indication of the medicinal properties, that is, a positive effect on the course of the disease, of the object of advertising, with the exception of such an indication in the advertisement of medicines, medical services, including methods of treatment, medical products and medical equipment.

6. In advertising, it is not allowed to use swear words, obscene and offensive images, comparisons and expressions, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, emblems, hymns), religious symbols, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, as well as cultural heritage objects included in the World Heritage List.

7. Advertising is not allowed, in which part of the essential information about the advertised product is missing, about the conditions for its purchase or use, if the meaning of the information is distorted and the advertising consumers are misled.

8. Advertising of goods in respect of which the rules of use, storage or transportation, or regulations for use, have been approved in the prescribed manner, should not contain information that does not comply with such rules or regulations.

9. It is not allowed to use it in radio, television, video, audio and film products or in other products and to distribute hidden advertising, that is, advertising that has an impact on their minds that consumers do not realize, including such impact through the use of special video inserts (double sound recording) and in other ways.

11. During the production, placement and distribution of advertisements, the requirements of the legislation of the Russian Federation, including the requirements of the legislation on the state language of the Russian Federation, legislation on copyright and related rights must be observed.

Article 6. Protection of minors in advertising

In order to protect minors from abuse of their trust and lack of experience, advertising is not allowed:

1) discrediting parents and educators, undermining the trust of minors in them;

2) encouraging minors to persuade their parents or other persons to purchase the advertised product;

3) creating a distorted idea of ​​the availability of goods for a family with any level of income among minors;

4) creating the impression among minors that the possession of the advertised product puts them in a preferable position over their peers;

5) the formation of an inferiority complex in minors who do not possess the advertised product;

6) showing minors in dangerous situations;

7) underestimation of the level of skills necessary for using the advertised product among minors of the age group for which this product is intended;

8) the formation in minors of an inferiority complex associated with their external unattractiveness.

1) goods, the production and (or) sale of which is prohibited by the legislation of the Russian Federation;

2) narcotic drugs, psychotropic substances and their precursors;

3) explosives and materials, except for pyrotechnic products;

4) human organs and (or) tissues as objects of sale and purchase;

5) goods subject to state registration, in the absence of such registration;

6) goods subject to mandatory certification or other mandatory confirmation of compliance with the requirements of technical regulations, in the absence of such certification or confirmation of such compliance;

7) goods for the production and (or) sale of which it is required to obtain licenses or other special permits, in the absence of such permits.

Advertising of goods with a remote method of selling them must contain information about the seller of such goods: name, location and state registration number of the entry on the creation of a legal entity; surname, name, patronymic, main state registration number of the record on state registration of an individual as an individual entrepreneur.

Advertising announcing the holding of a promotional lottery, competition, game or other similar event, the condition for participation in which is the purchase of a certain product (hereinafter the incentive event), must indicate:

1) the timing of such an event;

2) a source of information about the organizer of such an event, the rules for its holding, the number of prizes or winnings based on the results of such an event, the timing, place and procedure for receiving them.

1. Advertisers of social advertising can be individuals, legal entities, state authorities, other state bodies and local self-government bodies, as well as municipal bodies that are not part of the structure of local self-government bodies.

2. State authorities, other state bodies and local self-government bodies, as well as municipal bodies that are not part of the structure of local self-government bodies, place orders for the production and distribution of social advertising in accordance with the legislation of the Russian Federation.

3. The conclusion of an agreement for the distribution of social advertising is mandatory for an advertising distributor within five percent of the annual volume of advertising distributed by him (including the total time of advertising distributed in television and radio programs, the total advertising space of the printed publication, the total advertising space of advertising structures). The conclusion of such an agreement is carried out in accordance with the procedure established by the Civil Code of the Russian Federation.

4. In social advertising, it is not allowed to mention specific brands (models, articles) of goods, trademarks, service marks and other means of their individualization, about individuals and legal entities, with the exception of mentioning government bodies, other state bodies, about local self-government bodies, about municipal bodies that are not part of the structure of local self-government bodies, and about sponsors.

If, in accordance with the Civil Code of the Russian Federation, an advertisement is recognized as an offer, such an offer is valid for two months from the date of distribution of the advertisement, provided that no other period is specified in it.

Advertising materials or their copies, including all changes made to them, as well as contracts for the production, placement and distribution of advertising must be kept for a year from the date of the last distribution of advertising or from the date of expiration of the validity of such contracts, except for documents in respect of which the legislation of the Russian Federation provides otherwise.

An advertiser, at the request of an advertising distributor, is obliged to provide documented information on the compliance of advertising with the requirements of this Federal Law, including information on the availability of a license, on mandatory certification, and on state registration.

Chapter 2. Features of individual methods of advertising distribution

1. Interruption of a TV program or TV broadcast by advertising, that is, stopping the broadcast of a TV program or TV broadcast to display advertising, must be preceded by a message about the subsequent broadcast of advertising, with the exception of interruption by sponsored advertising.

1) occupy more than seven percent of the frame area;

2) superimposed on subtitles, as well as explanatory inscriptions.

3. The total duration of advertising distributed in a TV program (including advertising such as TV shops), interruption of a TV program by advertising (including sponsored advertising) and combining advertising with a TV program using the "crawl line" method or in any other way of superimposing it on a TV program frame may not exceed fifteen percent of the broadcast time is within an hour.

1) religious television programs;

2) TV broadcasts with a duration of less than fifteen minutes.

5. The TV broadcasts specified in Part 4 of this Article may be interrupted by sponsored advertising immediately at the beginning and immediately before the end of such TV broadcasts, provided that the total duration of such advertising does not exceed thirty seconds.

6. It is not allowed to interrupt with advertising, including sponsored advertising, the broadcast of campaign materials distributed in television programs and television broadcasts in accordance with the legislation of the Russian Federation on elections and the legislation of the Russian Federation on referendum.

7. In children's and educational TV programs, the duration of which is not less than fifteen minutes, advertising may be distributed immediately at the beginning of the TV show for one minute and immediately before the end of the TV show for one minute. In children's and educational TV shows, the duration of which is not less than twenty-five minutes, it is allowed to distribute advertising directly at the beginning of the TV show with a duration of one and a half minutes and immediately before the end of the TV show with a duration of one and a half minutes. In children's and educational TV programs, the duration of which is not less than forty minutes, advertising may be distributed immediately at the beginning of the TV show for two and a half minutes and immediately before the end of the TV show for two and a half minutes. In children's and educational TV programs, the duration of which is one hour or more, it is allowed to distribute advertisements immediately at the beginning of the TV show for three minutes and immediately before the end of the TV show for three minutes.

8. Broadcasting live or recorded of a sports competition (including sports matches, games, battles, races) may be interrupted by advertising, including sponsored advertising, only during breaks during sports events or during their stops.

9. Broadcasting live or in the recording of a sports event, in which there are no breaks or stops, may be interrupted by advertising in such a way that the interruption of the broadcast does not lead to the loss of a part of essential information about the sports event. Moreover, the total duration of such advertising may not exceed twenty percent of the actual broadcasting time of the sporting event.

10. Other television broadcasts, including feature films, may be interrupted by advertisements in such a way that the duration of each interruption of said television broadcasts by advertisements does not exceed four minutes.

11. The requirements established by parts 1-10 of this article do not apply to TV programs that are registered as mass media specializing in messages and materials of an advertising nature, and are broadcast on the basis of a broadcasting license, provided that in such TV programs the duration of advertising constitutes eighty and more percent of the actual broadcasting time during the day.

12. When broadcasting an advertisement, the sound level of its sound, as well as the sound level of the message about the subsequent broadcast of the advertisement must not exceed the average sound level of the TV program or TV show interrupted by the advertisement. The parameters of the ratio between the sound level of advertising and the sound level of the TV program or TV program interrupted by it are determined by the requirements of the technical regulations.

13. In television broadcasts broadcast in accordance with Federal Law of January 13, 1995 N 7-FZ "On the Procedure for Coverage of the Activities of State Authorities in State Mass Media" (hereinafter - the Federal Law "On the Procedure for Coverage of the Activities of State Authorities in State Media mass media "), advertising is not allowed.

14. The distribution of advertisements on the days of mourning announced in the Russian Federation is not allowed in TV programs.

15. The restrictions established by this Federal Law in relation to advertising of certain types of goods in television programs do not apply to:

16. The requirements of this article do not apply to:

1) information posted in TV programs about TV programs broadcast on the corresponding TV channel;

2) the logo of the TV program and information about this TV program.

1. Interruption of a radio program or radio transmission by advertising must be preceded by a message about the subsequent broadcast of advertising, with the exception of interruption by sponsored advertising.

2. In radio programs not registered as mass media and specializing in messages and materials of an advertising nature, the duration of advertising may not exceed twenty percent of the broadcast time during the day.

3. In radio programs it is not allowed to interrupt the following radio broadcasts with advertisements:

1) religious radio broadcasts;

2) radio broadcasts with a duration of less than fifteen minutes.

4. The radio broadcasts specified in part 3 of this Article may be interrupted by sponsored advertising immediately at the beginning and immediately before the end of the radio broadcast, provided that the total duration of such advertising does not exceed thirty seconds.

5. It is not allowed to interrupt with advertising, including sponsored advertising, the broadcast of campaign materials distributed in radio programs and radio broadcasts in accordance with the legislation of the Russian Federation on elections and the legislation of the Russian Federation on referendum.

6. In children's and educational radio broadcasts, the duration of which is not less than fifteen minutes, advertising may be distributed immediately at the beginning of the radio broadcast for one minute and immediately before the end of the radio broadcast for one minute. In children's and educational radio broadcasts, the duration of which is not less than twenty-five minutes, advertising may be distributed immediately at the beginning of the radio broadcast, lasting one and a half minutes and immediately before the end of the radio broadcast, lasting one and a half minutes. In children's and educational radio broadcasts, the duration of which is not less than forty minutes, advertising may be distributed immediately at the beginning of the radio broadcast, the duration of which is two and a half minutes, and immediately before the end of the radio broadcast, the duration of which is two and a half minutes. In children's and educational radio broadcasts, the duration of which is one hour or more, advertising may be distributed immediately at the beginning of the radio broadcast for three minutes and immediately before the end of the radio broadcast for three minutes.

7. Radio broadcasts in live or recorded sports competitions (including sports matches, games, fights, races) may be interrupted by advertisements, including sponsored advertisements, only during breaks during sports competitions or during their stops.

8. Radio broadcasting on air or in the recording of a sporting event, in which there are no breaks or stops, may be interrupted by advertising in such a way that the interruption of radio broadcasting does not lead to the loss of a part of essential information about the sporting event. Moreover, the total duration of such advertising may not exceed twenty percent of the broadcast time of the sporting event.

9. Other radio broadcasts may be interrupted by advertisements as many times as the fifteen-minute periods include these radio broadcasts, as well as additionally sponsored advertisements immediately at the beginning and immediately before the end of the radio broadcast, provided that the total duration of such sponsored advertisements does not exceed thirty seconds.

10. The requirements established by parts 1-9 of this article do not apply to radio programs that are registered as mass media specializing in messages and materials of an advertising nature, and are broadcast on the basis of a broadcasting license, provided that the duration of advertising in such radio programs is constitutes eighty and more percent of the actual broadcasting time during the day.

11. When broadcasting an advertisement, the sound level of the advertisement, as well as the sound level of the message about the subsequent broadcast of the advertisement, must not exceed the average sound level of the radio program or radio broadcast interrupted by the advertisement. The parameters of the ratio between the sound level of advertising and the sound level of the radio program or radio broadcast interrupted by it are determined by the requirements of the technical regulations.

12. In radio broadcasts broadcast in accordance with the Federal Law "On the Procedure for Coverage of the Activities of State Authorities in the State Mass Media", the distribution of advertising is not allowed.

13. The distribution of advertisements on the days of mourning announced in the Russian Federation is not allowed in radio programs.

14. The requirements of this article do not apply to:

1) information posted in radio programs about radio broadcasts broadcast on the corresponding radio channel;

2) messages about the name of the radio program and the frequency of its broadcasting, as well as other information about the given radio program.

Placement of advertising text in periodicals that do not specialize in messages and materials of an advertising nature must be accompanied by the mark "advertising" or the mark "as an advertisement". The volume of advertising in such publications should be no more than forty percent of the volume of one issue of periodicals. The requirement to comply with the specified volume does not apply to periodicals that are registered as specializing in messages and materials of an advertising nature and on the cover and in the imprint of which contains information about such specialization.

During film and video services, it is not allowed to interrupt the demonstration of the film by advertising, as well as to combine advertising with the demonstration of the film by the "crawl line" method or in any other way of superimposing it on the frame of the demonstrated film.

1. Dissemination of advertising through telecommunication networks, including through the use of telephone, facsimile, mobile radiotelephone communication, is allowed only subject to the prior consent of the subscriber or addressee to receive advertising. In this case, advertising is recognized as widespread without the prior consent of the subscriber or addressee, unless the advertising distributor proves that such consent has been obtained. The advertising distributor is obliged to immediately stop distributing advertising to the address of the person who applied to him with such a request.

2. It is not allowed to use telecommunication networks to distribute advertisements using means of selection and (or) dialing a subscriber number without human intervention (automatic dialing, automatic distribution).

3. With reference telephone service (both paid and free), including carried out through mobile radiotelephone communication, advertising can be provided only after the message of the reference requested by the subscriber.

4. When providing telephone connections on the basis of a time-based payment system, the time during which advertising is distributed should not be taken into account when determining the cost of such a telephone service.

1. Distribution of outdoor advertising using billboards, stands, building nets, banners, electronic boards, balloons, balloons and other technical means of stable territorial placement (hereinafter - advertising structures), mounted and located on external walls, roofs and other structural elements of buildings , buildings, structures or outside them, as well as stopping points for the movement of public transport, is carried out by the owner of the advertising structure, who is an advertising distributor, in compliance with the requirements of this article.

5. Installation and operation of an advertising structure is carried out by its owner under an agreement with the owner of a land plot, building or other immovable property to which the advertising structure is attached, or with a person authorized by the owner of such property, including the tenant.

6. If the real estate, to which the advertising structure is attached, is assigned by the owner to another person on the basis of the right of economic management, the right of operational management or other proprietary right, the contract for the installation and operation of the advertising structure is concluded with the person having the right of economic management, the right of operational management or other property rights to such immovable property.

7. If the real estate, to which the advertising structure is attached, is transferred by the owner into trust management, the contract for the installation and operation of the advertising structure is concluded with the trustee, provided that the trust management agreement does not restrict the trustee in performing such actions with the relevant property.

8. For the duration of the contract, the owner of the advertising structure has the right to unimpeded access to the real estate to which the advertising structure is attached, and to use this property for purposes related to the exercise of the rights of the owner of the advertising structure, including its operation, maintenance and dismantling.

9. Installation of an advertising structure is allowed if there is a permit for the installation of an advertising structure (hereinafter also referred to as a permit) issued on the basis of an application from the owner or other legal owner of the relevant real estate or owner of an advertising structure specified in parts 5-7 of this article by the local government of the municipal district or the local government body of the city district, in the territories of which it is planned to install the advertising structure.

10. Installation of an advertising structure without permission (unauthorized installation) is not allowed. In the event of unauthorized installation of a new advertising structure, it must be dismantled on the basis of an order of the local government of the municipal district or the local government of the city district, in the territories of which the advertising structure is installed.

11. The application specified in part 9 of this article shall be accompanied by:

1) data on the applicant - an individual or data on the state registration of a legal entity or state registration of an individual as an individual entrepreneur;

2) confirmation in writing of the consent of the owner or other legal owner of the respective immovable property specified in paragraphs 5-7 of this article to attach an advertising structure to this property, if the applicant is not the owner or other legal owner of immovable property.

12. The local self-government body of the municipal district or the local self-government body of the urban district shall not be entitled to require the applicant to submit documents and information not related to the territorial location, appearance and technical parameters of the advertising structure, and also to charge, in addition to the state duty, an additional fee for preparation, registration, the issuance of a permit and the commission of other actions related to the issuance of a permit.

13. The local self-government body of the municipal district or the local self-government body of the urban district independently carries out the coordination with the authorized bodies necessary for making a decision on issuing a permit or refusing to issue it. In this case, the applicant has the right to independently obtain such approval from the authorized bodies and submit it to the local self-government body of the municipal district or the local self-government body of the city district.

14. A written decision on the issue of a permit or on the refusal to issue it must be sent by the local self-government body of the municipal district or the local self-government body of the city district to the applicant within two months from the date of receipt of the necessary documents from him. An applicant who has not received, within the specified time limit, from a local self-government body of a municipal district or a local self-government body of an urban district, a written decision to issue a permit or to refuse to issue it, within three months has the right to apply to a court or an arbitration court with an application for recognizing the inaction of the relevant local government illegal.

15. The decision to refuse to issue a permit must be motivated and taken by a local government body of a municipal district or a local government body of an urban district solely on the following grounds:

3) violation of the requirements of regulatory enactments on traffic safety;

4) violation of the external architectural appearance of the existing development of a settlement or urban district;

5) violation of the requirements of the legislation of the Russian Federation on cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, their protection and use.

16. If the local self-government body of the municipal district or the local self-government body of the urban district refuses to issue a permit, the applicant, within three months from the date of receipt of the decision to refuse to issue the permit, has the right to apply to the court or arbitration court with an application to declare such a decision unlawful.

17. A permit is issued by a local self-government body of a municipal district or a local self-government body of an urban district for a period of five years.

18. The local self-government body of the municipal district or the local self-government body of the city district, the decision to revoke the permit is taken:

1) within a month from the date the owner of the advertising structure sends him a notice in writing about his refusal to further use the permit;

2) within a month from the moment the owner or other legal owner of the immovable property to which the advertising structure is attached to him, a document confirming the termination of the contract concluded between such owner or such owner of immovable property and the owner of the advertising structure;

3) if the advertising structure has not been installed within a year from the date of issue of the permit;

19. The decision to annul a permit may be appealed to a court or an arbitration court within three months from the date of its receipt.

20. A permit may be declared invalid in a judicial proceeding if:

4) violation of the external architectural appearance of the existing development of a settlement or urban district - at the request of a local government body;

21. If the permit is canceled or invalidated, the owner of the advertising structure, or the owner or other legal owner of the respective real estate to which such a structure is attached, is obliged to dismantle the advertising structure within a month.

22. In case of failure to fulfill the obligation to dismantle the advertising structure, the local self-government body of the municipal district or the local self-government body of the city district has the right to apply to a court or arbitration court with a claim for compulsory dismantling of the advertising structure. If a court or arbitration court makes a decision on the compulsory dismantling of an advertising structure, its dismantling, storage or, if necessary, destruction is carried out at the expense of the owner or other legal owner of real estate to which the advertising structure was attached. At the request of the owner or other legal owner of such immovable property, the owner of the advertising structure is obliged to reimburse him for reasonable expenses incurred in connection with the dismantling, storage or, if necessary, destruction of the advertising structure.

23. The requirements of this article in terms of obtaining permits do not apply to shop windows, booths, stalls, mobile points of sale, outdoor umbrellas.

24. The provisions of this article, defining the powers of local self-government bodies, apply to intracity municipalities of federal cities of Moscow and St. Petersburg, if, in accordance with Federal Law of October 6, 2003 N 131-FZ Federation "the laws of the constituent entities of the Russian Federation - cities of federal significance Moscow and St. Petersburg do not establish the procedure according to which these powers are exercised by the state authorities of the indicated constituent entities of the Russian Federation.

1. Placement of advertising on a vehicle is carried out on the basis of an agreement concluded by the advertiser with the owner of the vehicle or a person authorized by him or with a person who has other property rights to the vehicle.

2. The use of vehicles exclusively or primarily as mobile advertising structures is prohibited.

1) special and operational services with a certain color-graphic color provided for by the requirements of technical regulations;

2) equipped with devices for supplying special light and sound signals;

3) federal postal services, on the side surfaces of which there are diagonally white stripes on a blue background;

4) intended for the carriage of dangerous goods.

4. Placing decals on vehicles indicating that they belong to any person is not an advertisement.

5. Advertising placed on vehicles must not pose a threat to traffic safety, including restricting the view of vehicle operators and other road users, and must comply with other requirements of technical regulations.

2) condemn abstinence from the use of alcoholic beverages;

6) use images of minors.

1) on the first and last pages of newspapers, as well as on the first and last pages and covers of magazines;

3) in television and radio programs, in film and video services;

4) on all types of public transport vehicles;

5) using technical means of stable territorial placement (advertising structures), mounted and located on roofs, external walls and other structural elements of buildings, structures, structures or outside them;

3. Advertising of alcoholic products in each case must be accompanied by a warning about the dangers of its excessive consumption, and such a warning must be allocated at least ten percent of the advertising space (space).

4. Advertising campaigns, accompanied by the distribution of samples of alcoholic beverages, are allowed only in organizations engaged in retail sale of alcoholic beverages, in compliance with the requirements established by the legislation of the Russian Federation on advertising. At the same time, it is prohibited to involve minors to participate in the distribution of samples of alcoholic beverages, and it is also prohibited to offer them such samples.

2) to condemn abstinence from drinking beer and drinks made on its basis;

5) contact minors;

6) use images of people and animals, including those made using animation (animation).

1) in TV programs from 7 to 22 hours local time and in radio programs from 9 to 24 hours local time;

2) in print media intended for minors, radio and television broadcasts, audio and video products;

3) for film and video services from 7 am to 8 pm local time;

4) on the first and last pages of newspapers, as well as on the first and last pages and covers of magazines;

5) in the mass media registered as specializing in ecology, education, health protection;

6) in children's, educational, medical, sanatorium-resort, recreational, military organizations, theaters, circuses, museums, houses and palaces of culture, concert and exhibition halls, libraries, lecture halls, planetariums and at a distance closer than one hundred meters from the buildings they occupy , buildings, structures;

7) in physical culture and recreation, sports facilities and at a distance closer than one hundred meters from such facilities.

3. Advertising of beer and drinks based on it, in each case, must be accompanied by a warning about the dangers of excessive consumption of beer and drinks based on it. In advertisements distributed in radio programs, the duration of such a warning must be at least three seconds, in advertisements distributed in television programs and during film and video services, at least five seconds, and such warning must be allocated at least seven percent of the area. frame, and in advertising distributed in other ways - not less than ten percent of the advertising area (space).

4. Carrying out advertising campaigns, accompanied by the distribution of samples of beer and drinks made on its basis, in organizations or places where retail sale of beer and drinks made on its basis is not allowed is prohibited. When conducting advertising campaigns, accompanied by the distribution of samples of beer and drinks made on its basis, in other organizations or places, it is prohibited to involve minors in the distribution of samples and offer them such samples.

2) condemn abstinence from smoking;

3) contact minors;

4) use images of minors.

1) in television and radio programs, in film and video services;

2) in print media, audio and video products intended for minors;

3) on the first and last pages of newspapers, as well as on the first and last pages and covers of magazines;

4) using technical means of stable territorial placement (advertising structures), mounted and located on roofs, external walls and other structural elements of buildings, structures, structures or outside them;

5) on all types of public transport vehicles;

6) in children's, educational, medical, sanatorium-resort, recreational, military organizations, theaters, circuses, museums, houses and palaces of culture, concert and exhibition halls, libraries, lecture halls, planetariums and at a distance closer than one hundred meters from the buildings they occupy , buildings, structures;

7) in physical culture and recreation, sports facilities and at a distance closer than one hundred meters from such facilities.

3. Advertising of tobacco and tobacco products in each case must be accompanied by a warning about the dangers of smoking, and such a warning must be allocated at least ten percent of the advertising space (advertising space).

4. Carrying out advertising campaigns, accompanied by the distribution of samples of tobacco products, in organizations or places where retail sale of such products or certain types of them is prohibited is prohibited. When conducting advertising campaigns accompanied by the distribution of samples of tobacco, tobacco products and smoking accessories, it is prohibited to involve minors in their distribution, as well as to offer them such samples.

4) create an idea of ​​the advantages of the advertising object by referring to the fact of conducting research that is mandatory for state registration of the advertising object;

6) contribute to the creation of a healthy person's impression of the need to use the object of advertising;

7) create the impression that it is unnecessary to see a doctor;

8) guarantee the positive effect of the advertised object, its safety, efficiency and the absence of side effects;

2. The requirements of clause 6 of part 1 of this article do not apply to advertising of medicinal products used for the prevention of diseases.

3. The requirements of clauses 2-5 of part 1 of this article also apply to advertising of medical services, including advertising of methods of treatment, diagnosis, prevention and rehabilitation.

4. The requirements of paragraphs 1-8 of part 1 of this article also apply to advertising of medical equipment.

5. The requirements of clauses 2 and 3 of part 1 of this article do not apply to advertising distributed in places where medical or pharmaceutical exhibitions, seminars, conferences and other similar events are held, as well as in specialized printed publications intended for medical and pharmaceutical workers, and to other advertising , whose consumers are exclusively medical and pharmaceutical workers.

6. Notification in advertising about the properties and characteristics, including the methods of application and use, of medicines and medical equipment is allowed only within the limits of the indications contained in the duly approved instructions for the use and use of such advertising objects.

7. Advertising of medicines, medical services, including methods of treatment, medical equipment, must be accompanied by a warning about the presence of contraindications to their use and use, the need to read the instructions for use or receive expert advice. In advertisements distributed in radio programs, the duration of such a warning must be at least three seconds, in advertisements distributed in television programs and during film and video services, at least five seconds, and at least seven percent of the frame area must be allotted. and in advertising distributed in other ways - at least five percent of the advertising space (advertising space). The requirements of this part do not apply to advertising distributed in places of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, as well as in specialized printed publications intended for medical and pharmaceutical workers, and to other advertising, the consumers of which are exclusively medical and pharmaceutical workers.

8. Advertising of medicinal products in forms and dosages dispensed by prescriptions of doctors, treatment methods, as well as medical products and medical equipment, for the use of which special training is required, is not allowed except in places where medical or pharmaceutical exhibitions, seminars, conferences and other similar events and in specialized printed publications intended for medical and pharmaceutical workers.

9. Advertising of medicinal products containing narcotic drugs or psychotropic substances permitted for use for medical purposes, included in the list of narcotic drugs and psychotropic substances, the circulation of which in the Russian Federation is limited and in respect of which control measures are established in accordance with the legislation of the Russian Federation and international treaties Of the Russian Federation, and the list of psychotropic substances, the circulation of which in the Russian Federation is limited and in respect of which certain control measures may be excluded in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation, is prohibited, with the exception of advertising of such medicinal products in places where medical or pharmaceutical exhibitions are held. , seminars, conferences and other similar events and in specialized printed publications intended for medical and pharmaceutical workers.

1) create the impression that they are drugs and (or) have medicinal properties;

4) encourage the rejection of a healthy diet;

5) create an impression of the advantages of such additives by referring to the fact of conducting studies that are mandatory for state registration of such additives, and also use the results of other studies in the form of a direct recommendation for the use of such additives.

2. Advertising of baby food products should not represent them as full-fledged substitutes for human milk and contain a statement about the benefits of artificial feeding of children. Advertising of products intended for use as breast milk substitutes and products included in the diet of a child during his first year of life should contain information about age restrictions for the use of such products and a warning about the need for professional advice.

1) military products, with the exception of advertising such products in order to carry out military-technical cooperation of the Russian Federation with foreign states;

2) weapons not specified in parts 3-5 of this article.

2. The production, placement and distribution of advertising for military products in order to carry out military-technical cooperation of the Russian Federation with foreign states is carried out in accordance with the legislation of the Russian Federation on military-technical cooperation of the Russian Federation.

3. Advertising of service weapons and cartridges for them is allowed only in specialized printed publications for users of such weapons, in places of production, sale and display of such weapons, as well as in places designated for firing weapons.

4. Advertising of combat hand-held small arms, cartridges for them, edged weapons is allowed in specialized publications, in places of production, sale and display of such weapons, as well as in places designated for firing weapons.

1) in periodicals, on the covers and in the imprint of which there is information on the specialization of these publications in messages and materials of an advertising nature, as well as in specialized printed publications for users of civilian weapons;

2) in places of production, sale and display of such weapons, as well as in places designated for firing weapons;

3) in television and radio programs from 10 pm to 7 am local time.

1) directly or indirectly disclose information constituting a state secret, including information related to production technology, methods of combat and other use of this weapon;

2) contact minors;

3) use images of minors.

1) contact minors;

2) create the impression that participation in risk-based games, betting is a way of earning or receiving other income, or another way of earning a livelihood;

6) condemn non-participation in risk-based games, bets;

7) create the impression that the receipt of winnings is guaranteed;

8) use images of people and animals.

1) in television and radio programs from 10 pm to 7 am local time;

2) in buildings, structures, structures in which such games, bets are held, with the exception of transport infrastructure facilities (railway stations, airports, metro stations and other similar facilities);

3) in periodicals, on the covers and in the imprint of which there is information on the specialization of these publications in messages and materials of an advertising nature, as well as in periodicals intended for employees of gambling establishments and (or) persons participating in such games, bet.

3. The requirements of parts 1 and 2 of this article apply respectively to advertising of the organizer of risk-based games, bets, which is a gambling establishment, including a casino, a slot machine hall, and advertising of places where risk-based games are held, bets, if they are gambling institutions.

4. The requirements of clause 8 of part 1 and part 2 of this article do not apply to advertising of lotteries, including promotional lotteries.

1) an indication of the timing of risk-based games, bets;

2) a source of information about the organizer of risk-based games, bets, about the rules for their conduct, about the prize fund of such games, bets, about the number of prizes or winnings, about the timing, place and procedure for receiving prizes or winnings.

1. Advertising of banking, insurance and other financial services must contain the name or name of the person providing these services (for a legal entity - the name, for an individual entrepreneur - the last name, first name, patronymic).

2) keep silent about other conditions for the provision of relevant services that affect the amount of income that the persons using the services will receive, or the amount of expenses that the persons using the services will incur, if at least one of such conditions is announced in the advertisement.

3. If an advertisement for services related to the provision of a loan, the use of it and the repayment of a loan contains at least one condition that affects its cost, such advertising must contain all other conditions that determine the actual cost of the loan for the borrower and affect it.

4. Advertising of services related to the implementation of management, including trust management, of assets (including securities, investment reserves of joint-stock investment funds, mutual investment funds, pension reserves of non-state pension funds, pension savings, mortgage coverage, savings for housing for military personnel ), must contain:

1) a source of information subject to disclosure in accordance with federal law;

2) information about the place or address (phone number) where, prior to the conclusion of the relevant agreement, interested parties can familiarize themselves with the terms of asset management, receive information about the person in charge of asset management, and other information that must be provided in accordance with federal law and other regulatory legal acts of the Russian Federation.

1) non-documented information, if it is directly related to asset management;

2) information about the results of asset management, including about their change or comparison in the past and (or) at the current moment, not based on profitability calculations determined in accordance with regulatory legal acts of the federal executive body in the field of financial markets, and in cases established by federal law - determined in accordance with regulatory legal acts of the Central Bank of the Russian Federation;

3) information on guarantees of the reliability of possible investments and the stability of the size of possible incomes or costs associated with these investments;

4) information on the possible benefits associated with the methods of asset management and (or) the implementation of other activities;

5) statements about the possibility of achieving in the future the results of asset management, similar to the results achieved.

6. Advertising related to the attraction of funds from individuals for the construction of housing is not allowed, with the exception of advertising related to the attraction of funds on the basis of an agreement for participation in shared construction, advertising of housing and housing construction cooperatives, advertising related to the attraction and use of housing savings cooperatives of individuals' funds for the purchase of residential premises.

7. Advertising related to the attraction of funds from participants in shared construction for the construction (creation) of apartment buildings and (or) other real estate objects must contain information about the place and methods of obtaining the project declaration provided for by federal law.

8. Advertising related to attracting funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate object is not allowed until a permit for the construction of an apartment building and (or) other real estate object is issued in accordance with the established procedure, publication in funds mass media and (or) posting in public information and telecommunication networks (including the Internet) of a project declaration, state registration of ownership or lease rights to a land plot provided for the construction (creation) of an apartment building and (or) other object real estate, which will include shared construction objects.

9. Advertising related to attracting funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate object is not allowed during the period of suspension in accordance with federal law of the developer's activities related to attracting funds from participants in shared construction for construction (creation) of an apartment building and (or) other real estate object.

10. The requirements of parts 7-9 of this article also apply to advertising related to the assignment of rights of claims under an agreement for participation in shared construction.

1) information on the procedure for covering the losses incurred by the members of the housing savings cooperative;

2) information on the inclusion of a housing savings cooperative in the register of housing savings cooperatives;

3) the address of the site in the public information and telecommunications network (including the Internet), on which the information is disclosed by the housing savings cooperative.

12. In advertising related to the attraction and use of funds from individuals for the purchase of residential premises by a housing savings cooperative, it is not allowed to guarantee the timing of the acquisition or construction of residential premises by such cooperative.

1) the name of the issuer;

2) a source of information to be disclosed in accordance with the legislation of the Russian Federation on securities.

1) the promise of payment of dividends on shares, as well as income on other securities, except for income, the obligation to pay of which is provided for by the decision on the issue or additional issue of equity securities, the rules of trust management of mutual investment funds or the rules of trust management of mortgage coverage or is fixed in securities papers;

2) forecasts of growth in the market value of securities.

6. Advertising of equity securities shall not be allowed prior to the registration of their prospectus, unless, in accordance with federal law, registration of their prospectus is not required for public placement or public circulation of equity securities.

1) expression of gratitude by individuals who have entered into such agreements;

2) a statement that the conclusion of such contracts has advantages over the will of a dwelling or other property;

3) condemnation of family members and close relatives of a potential consumer of such services, allegedly not taking care of him;

4) mention of gifts for individuals who have made a decision to conclude an annuity agreement with an advertiser or another person.

2. In the event that the advertiser is an intermediary in the conclusion of rental agreements, including a contract of lifelong maintenance with a dependent, the advertisement of services for the conclusion of such agreements must contain an indication that another person will be the payer of the rent under such agreements.

Chapter 4. Self-regulation in advertising

Article 31. Self-regulatory organizations in the field of advertising

A self-regulatory organization in the field of advertising is an association of advertisers, advertising producers, advertising distributors and other persons created in the form of an association, union or non-profit partnership in order to represent and protect the interests of its members, develop requirements for compliance with ethical standards in advertising and ensure control over their implementation.

Article 32. The rights of a self-regulatory organization in the field of advertising

1) represent the legitimate interests of members of a self-regulatory organization in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies;

2) participate in the consideration by the antimonopoly body of cases initiated on grounds of violation by members of a self-regulatory organization of the legislation of the Russian Federation on advertising;

3) to appeal to an arbitration court the normative legal acts of the federal bodies of state power, the normative legal acts of the bodies of state power of the constituent entities of the Russian Federation, the normative legal acts of the bodies of local self-government;

4) apply to the members of the self-regulatory organization the measures of responsibility provided for by the constituent and other documents of the self-regulatory organization, including exclusion from the members of the self-regulatory organization;

6) exercise control over the professional activities of members of a self-regulatory organization in terms of compliance with the requirements of this Federal Law and the rules of professional activity in the field of advertising, including the requirements of professional ethics;

7) consider complaints about the actions of a member of a self-regulatory organization;

8) develop and establish requirements for persons wishing to join a self-regulatory organization;

9) collect, process and store information about the activities of the members of the self-regulatory organization, the disclosure of which is carried out in the form of reports in the manner and with the frequency established by the constituent and other documents of the self-regulatory organization;

10) maintain a register of persons who are members of a self-regulatory organization.

Chapter 5. State control in the field of advertising and liability for violation of the legislation of the Russian Federation on advertising

Article 33. Powers of the Antimonopoly Body to Exercise State Control in the Sphere of Advertising

1. The antimonopoly body, within the limits of its powers, exercises state control over compliance with the legislation of the Russian Federation on advertising, including:

1) warns, detects and suppresses violations by individuals or legal entities of the legislation of the Russian Federation on advertising;

2) initiate and consider cases on the grounds of violation of the legislation of the Russian Federation on advertising.

2. The antimonopoly body has the right to:

2) issue to federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies binding orders on the cancellation or amendment of acts issued by them and contradicting the legislation of the Russian Federation on advertising;

3) file claims with a court or an arbitration court to prohibit the distribution of advertising carried out in violation of the legislation of the Russian Federation on advertising;

4) bring claims to a court or an arbitration court for public refutation of inaccurate advertising (counter-advertising) in the case provided for by Part 3 of Article 38 of this Federal Law;

5) apply to the arbitration court with applications for invalidation in full or in part of the non-normative acts of federal executive bodies, non-normative acts of executive bodies of the constituent entities of the Russian Federation, non-normative acts of local self-government bodies that contradict the legislation of the Russian Federation on advertising;

6) apply to an arbitration court with applications for recognition as invalid in full or in part of the regulatory legal acts of federal executive bodies, regulatory legal acts of executive bodies of the constituent entities of the Russian Federation, regulatory legal acts of local self-government bodies that are completely or in part contrary to the legislation of the Russian Federation on advertising;

7) apply measures of responsibility in accordance with the legislation of the Russian Federation on administrative offenses;

8) apply to an arbitration court with applications for invalidating a permit to install an advertising structure in the case provided for in Clause 1 of Part 20 of Article 19 of this Federal Law.

Article 34. Submission of information to the antimonopoly authority

1. Federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies and officials of these bodies, as well as individual entrepreneurs, legal entities and their heads are obliged to submit to the antimonopoly body the information necessary for exercising their powers of state control over compliance legislation of the Russian Federation on advertising, and provide its authorized officials with access to such information.

2. Failure to comply with the requirements of part 1 of this article entails the responsibility of the perpetrators in accordance with the legislation of the Russian Federation on administrative offenses.

Article 35. Obligations of the antimonopoly body to observe commercial, official and other secrets protected by law

1. Information constituting commercial, official and other secrets protected by law and received by the antimonopoly body in the exercise of its powers, shall not be subject to disclosure, with the exception of cases provided for by federal law.

2. Disclosure by employees of the antimonopoly body of information constituting commercial, official and other secrets protected by law entails liability in accordance with the legislation of the Russian Federation on administrative offenses or the criminal legislation of the Russian Federation. Losses caused by such disclosure are subject to compensation in accordance with civil law.

Article 36. Decisions and orders of the antimonopoly body based on the results of consideration of cases initiated on grounds of violation of the legislation of the Russian Federation on advertising

1. The antimonopoly body, within the limits of its powers, initiates and considers cases on grounds of violation of the legislation of the Russian Federation on advertising, makes decisions based on the results of considering such cases and issues instructions provided for by this Federal Law.

2. The antimonopoly body, on its own initiative, on the proposal of the prosecutor, on requests from state authorities or local self-government bodies, as well as on applications from individuals or legal entities, initiates proceedings on grounds of violation of the legislation of the Russian Federation on advertising.

3. An order to stop violating the legislation of the Russian Federation on advertising is issued on the basis of a decision of the antimonopoly body to declare advertising inappropriate and must contain an indication of stopping its distribution.

4. An order to terminate the violation of the legislation of the Russian Federation on advertising is subject to execution within the time period specified in the order. This period cannot be less than five days from the date of receipt of the order.

5. An order to stop violating the legislation of the Russian Federation on advertising shall be deemed unfulfilled if, after the expiration of the term for the execution of such an order, the distribution of inappropriate advertising continues.

6. An order to cancel or amend an act of a federal executive body, an act of an executive body of a constituent entity of the Russian Federation or an act of a local self-government body that contradicts the legislation of the Russian Federation on advertising is issued on the basis of a decision of the antimonopoly body on the contradiction of such an act with the legislation of the Russian Federation on advertising. An order to amend an act of a federal executive body, an act of an executive body of a constituent entity of the Russian Federation, or an act of a local self-government body that contradicts the legislation of the Russian Federation on advertising should indicate the changes that should be made to such an act in order to bring it into line with the legislation of the Russian Federation on advertising ...

7. An order to cancel or change an act of a federal executive body, an act of an executive body of a constituent entity of the Russian Federation or an act of a local government body that is contrary to the legislation of the Russian Federation on advertising shall be executed within the time period specified in the order. Such a period may not be less than a month from the date of receipt of the order by the federal executive body, the executive body of the constituent entity of the Russian Federation or local self-government body.

8. Failure to comply with the orders of the antimonopoly authority issued on the basis of this Federal Law entails liability in accordance with the legislation of the Russian Federation on administrative offenses.

9. Consideration by the antimonopoly body of cases initiated on grounds of violation of the legislation of the Russian Federation on advertising is carried out in the manner established by the Government of the Russian Federation.

Article 37. Challenging decisions and orders of the antimonopoly authority

1. The decision, order of the antimonopoly body may be challenged in court or arbitration court within three months from the date of the decision, issue of the order.

2. Filing an application for invalidating a decision or order of the antimonopoly body does not suspend the execution of the decision or order, unless the court or arbitration court issues a ruling to suspend the execution of the decision or order.

3. The decision of the antimonopoly body on the application of measures of administrative responsibility for violation of the legislation of the Russian Federation on advertising may be appealed, contested in the manner established by the legislation of the Russian Federation.

Article 38. Responsibility for violation of the legislation of the Russian Federation on advertising

1. Violation by individuals or legal entities of the legislation of the Russian Federation on advertising entails liability in accordance with civil legislation.

2. Persons whose rights and interests have been violated as a result of the dissemination of inappropriate advertising have the right to apply in accordance with the established procedure to a court or arbitration court, including with claims for compensation for losses, including lost profits, for compensation for harm caused to the health of individuals and (or ) property of individuals or legal entities, on compensation for moral damage, on public refutation of inaccurate advertising (counter-advertising).

3. If the antimonopoly body establishes the fact of dissemination of inaccurate advertising and issues a corresponding order, the antimonopoly body has the right to apply in accordance with the established procedure to a court or arbitration court with a claim against the advertiser for public refutation of inaccurate advertising (counter-advertising) at the expense of the advertiser. In this case, the court or the arbitration court shall determine the form, place and terms of posting such a refutation.

4. Violation by advertisers, advertising producers, advertising distributors of the legislation of the Russian Federation on advertising entails liability in accordance with the legislation of the Russian Federation on administrative offenses.

5. Federal laws may establish other measures of responsibility for intentional violation of the legislation of the Russian Federation on advertising.

6. The advertiser is liable for violation of the requirements established by parts 2-8 of article 5, articles 6-9, part 4 of article 10, article 12, parts 1 and 3 of article 21, parts 1 and 3 of article 22, parts 1 and 3 of article 23 , Articles 24 and 25, Parts 1 and 6 of Article 26, Parts 1 and 5 of Article 27, Articles 28-30 of this Federal Law.

7. The advertising distributor is liable for violation of the requirements established by paragraph 3 of part 4, parts 9 and 10 of article 5, articles 7-9, 12, 14-18, parts 2-6 of article 20, parts 2-4 of article 21, parts 2- 4 of Article 22, parts 2-4 of Article 23, parts 7, 8 and 11 of Article 24, parts 1-5 of Article 26, parts 2 and 5 of Article 27, parts 1, 4, 7, 8 and 11 of Article 28, parts 1, 3, 4 and 6 of Article 29 of this Federal Law.

9. The amounts of fines for violation of the legislation of the Russian Federation on advertising and failure to comply with the orders of the antimonopoly authority are credited to the budgets of the budgetary system of the Russian Federation in the following order:

1) to the federal budget - 40 percent;

2) to the budget of the constituent entity of the Russian Federation, on the territory of which a legal entity or individual entrepreneur who violated the legislation of the Russian Federation on advertising is registered - 60 percent.

10. The payment of the fine does not exempt from the execution of the order to terminate the violation of the legislation of the Russian Federation on advertising.

Chapter 6. Final provisions

Article 39. Entry into force of this Federal Law

1. This Federal Law shall enter into force on July 1, 2006, with the exception of Part 3 of Article 14, Part 2 of Article 20 and Clause 4 of Part 2 of Article 23 of this Federal Law.

2. Part 2 of Article 20 and Clause 4 of Part 2 of Article 23 of this Federal Law shall enter into force on January 1, 2007.

4. To establish that in the period from July 1, 2006 to January 1, 2008, the total duration of advertising disseminated in a TV program (including advertising such as TV shops), interruption of a TV program by advertising (including sponsored advertising) and combining advertising with a TV program by "creeping line" or in any other way of its imposition on a frame of a broadcast television program may not exceed twenty percent of the broadcasting time within an hour and fifteen percent of the broadcasting time during the day.

Article 40. Regulation of relations in the field of advertising from the date of entry into force of this Federal Law

1.From the date this Federal Law enters into force, the following shall be declared invalid:

1) Federal Law of July 18, 1995 N 108-FZ "On Advertising" (Collected Legislation of the Russian Federation, 1995, N 30, Art. 2864);

2) Clause 3 of Article 1 of the Federal Law of June 18, 2001 N 76-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" (Collected Legislation of the Russian Federation, 2001, N 26, Art. 2580);

3) Federal Law of December 14, 2001 N 162-FZ "On Amendments to Article 11 of the Federal Law" On Advertising "(Collected Legislation of the Russian Federation, 2001, N 51, Art. 4827);

4) paragraphs 23 and 24 of Article 3 of the Federal Law of December 30, 2001 N 196-FZ "On the Enactment of the Code of the Russian Federation on Administrative Offenses" (Collected Legislation of the Russian Federation, 2002, N 1, Art. 2);

5) Federal Law of August 20, 2004 N 115-FZ "On Amendments to Article 16 of the Federal Law" On Advertising "(Collected Legislation of the Russian Federation, 2004, N 34, Art. 3530);

6) Article 55 of the Federal Law of August 22, 2004 N 122-FZ "On Amendments to the Legislative Acts of the Russian Federation and the Recognition of Invalidation of Certain Legislative Acts of the Russian Federation in Connection with the Adoption of Federal Laws" On Amendments and Additions to the Federal Law "On general principles of organization of legislative (representative) and executive bodies of state power of constituent entities of the Russian Federation "and" On general principles of organization of local self-government in the Russian Federation "(Collected Legislation of the Russian Federation, 2004, N 35, Art. 3607);

7) Article 11 of the Federal Law of November 2, 2004 N 127-FZ "On Amendments to Parts One and Two of the Tax Code of the Russian Federation and some other legislative acts of the Russian Federation, as well as on invalidating certain legislative acts (provisions of legislative acts) Russian Federation "(Collected Legislation of the Russian Federation, 2004, N 45, Art. 4377);

8) Article 1 of the Federal Law of July 21, 2005 N 113-FZ "On Amendments to the Federal Law" On Advertising "and Article 14.3 of the Code of the Russian Federation on Administrative Offenses" (Collected Legislation of the Russian Federation, 2005, N 30, Art. 3124 ).

2. Until the laws and other regulatory legal acts of the Russian Federation in force on the territory of the Russian Federation and regulating relations in the field of advertising are brought into line with this Federal Law, these laws and other regulatory legal acts shall be applied insofar as they do not contradict this Federal Law.

The president
Russian Federation
V. Putin

The main postulate, laid down in the concept of the Law "On Advertising", in general and in particular in Article 5, is that advertising must be conscientious and reliable. Unfair and inaccurate advertising is not allowed in Russia.

1. An advertisement is considered unfair if it contains incorrect comparisons of the advertised product with the products in circulation that are produced by other manufacturers or sold by other sellers. The defining concept of this norm is “incorrect comparison”.

E.I. Spector notes that “the current legislation does not contain the legal concept of“ incorrect comparison ”. But it should include any tactless comparison - a comparison that contradicts the rules of ethics and decency. In other words, this concept belongs to the evaluation category ”Spektor E.I. The conceptual apparatus of the new law on advertising. M., 2007.S. 13.

Thus, the legislation does not contain clarifications of what can be considered an incorrect comparison, and there are no criteria for “correctness” either. At the same time, in practice, cases are recognized as incorrect when, for no apparent reason, this or that product is called the best, unique and is supplied with similar epithets, assumptions are made that only this product has certain properties, etc.

Let us illustrate this situation with an example from administrative practice: the Akado holding caught the Internet provider NetByNet of dishonest advertising.

AKADO filed a complaint with the Moscow OFAS about the NetByNet advertisement, the leaflets of which contained the slogans: “The Internet does not work HOW NADO? Give it up! Take NetByNet ”,“ Don't be mistaken again! They try everyone, choose us! " Akado believed that the slogan and design of leaflets draws a direct analogy between operators, when, according to Russian law, it is impossible to compare two competing companies in advertising.

The Moscow Territorial Administration of the Federal Antimonopoly Service recognized NetByNet advertising (legal entity - CJSC CONSUL Group of Companies) as unfair (according to clause 1 of part 2 of article 5 of the Federal Law on advertising - "Incorrect comparison") and unreliable (according to clause 1 of h .3 Article 5 of the Federal Law on Advertising - "Incorrect information about the benefits of advertised services"). A pecuniary penalty was imposed on NetByNet. See: E.A. Sergina "AKADO" taught how it should be "// newspaper" RBK daili ". 2009.S. 5.

The use of a negative assessment of a competitor product in terms of comparable parameters and the assertion that a competing product is worse than the advertised product is a form of unfair advertising (see Controversial advertising made in the form of an incorrect comparison of two products that can mislead consumers when choosing a purchase due to their lack of experience and knowledge, refers to unfair advertising. See: Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation of December 25, 1998 N 37 "Review of the practice of resolving disputes related to the application of advertising legislation" // Special supplement to the "Bulletin of the Supreme Arbitration Court of the Russian Federation", N 11 ( part 2), 2003.

Comparative advertising that is truthful in nature, the prerequisite for which is the truthfulness of the comparative information about the product, manufacturer, etc., is admissible and proper (fair and reliable).

And so we can conclude that this form of unfair advertising can harm both the consumer of the advertised product and the advertiser's competitor.

Honor and dignity and business reputation are legally protected personal non-property and inalienable benefits.

Honor is a moral inner quality of a person, valor, honesty, nobility of soul and a clear conscience.

Dignity is a person's awareness of his social significance, moral and business qualities, a person's respect for himself, his position in society. The Constitution of the Russian Federation (Article 21), in accordance with the generally recognized principles and norms of international law, establishes that dignity is protected by the state, nothing can be a basis for belittling it. Nobody's dignity can be humiliated.

Business reputation is a public assessment of the business and professional qualities of a person.

Provided by art. 23 and 46 of the Constitution of the Russian Federation See: The Constitution of the Russian Federation of 12.12.1993 // Rossiyskaya Gazeta, N 237, 1993. The right of everyone to defend his honor and good name, as well as established by Art. 152 GKRF See: Civil Code of the Russian Federation (part one) of November 30, 1994 N 51-FZ // SZ RF. 1994. N 32. Art. 3229. The right of everyone to judicial protection of honor, dignity and business reputation from disseminated false and defamatory information is a necessary restriction of freedom of speech and mass media in cases of abuse of these rights.

As defined in the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 N3 "On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities", the right of citizens to protect honor, dignity and business reputation is their constitutional right , and the business reputation of legal entities is one of the conditions for their successful activity. See: Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.02.2005 N 3 "On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities" // Rossiyskaya Gazeta, No. 3719, 2005.

3. To unfair advertising clause 3 of part 2 of Art. 5 of the Law "On Advertising" refers to advertising of a product whose advertising is prohibited in this way, at a given time or in a given place, if it is carried out under the guise of advertising of another product, the trademark or service mark of which is identical or confusingly similar to the trademark or mark service of goods, in relation to advertising of which the corresponding requirements and restrictions have been established, as well as under the guise of advertising the manufacturer or seller of such goods.

In this case, one can express the idea of ​​the need to put the separating union “or” before the word “if”, otherwise the range of advertising messages that can be attributed to unfair advertising is significantly reduced unreasonably.

This regulation is caused by the desire to stop the widespread practice of advertising alcoholic beverages, disguised as other products with the same trademark. It seems that this could be a double-edged sword. This rule can also be used as a means of unfair struggle with competitors: a trademark of a product, advertising of which is permitted without any restrictions, can be registered by a competitor as a trademark, for example, of alcoholic beverages. In this case, advertising of a permitted product may be recognized by the antimonopoly authorities as being carried out "under the guise of advertising of another product, the trademark or service mark of which is identical or confusingly similar to the trademark or service mark of the product, in relation to the advertising of which there are corresponding requirements or restrictions." ... See: A.M. Romanov Advertising. Internet advertising. M., 2009.S. 22.

4. Advertising, which is an act of unfair competition in accordance with antimonopoly legislation, is also unfair. The prohibition of unfair competition is established in Art. 14 of the Law "On Protection of Competition", it also provides clarifications on what is considered unfair competition.

Thus, we conclude that, despite the fact that the list of signs characterizing advertising as unfair is exhaustive (clauses 1 - 4, part 2, article 5 of the Law "On Advertising"), its content is more than open character, often referring to other normative legal acts (Civil Code of the Russian Federation, the Law “On Protection of Competition, etc.), which provides a sufficient degree of freedom to law enforcement officers in its interpretation.

Part 3 of Art. 5 of the Law "On Advertising" defines the concept of "unreliable" advertising and discloses it as an advertisement that contains untrue, exaggerated, distorted information in relation to the advertised object. At the same time, not only deliberately false, but also simply outdated, not only actively proclaimed, but also silenced information of significant importance is considered unreliable. The dissemination of not documented or factual statements is used to provoke the most beneficial judgment for the advertiser about his product, or, conversely, to create an unfavorable image of a competing organization. Any form of display of inaccurate advertising is punishable by law. Thus, the subject of reliable advertising is the provision of information that corresponds to reality, which protects consumers of advertising from misleading them.

The list of information required to comply with the reliability of advertising when advertising a product / work / service is exhaustive (clauses 1 - 20, part 3, article 5 of the Law "On Advertising") and meets the requirements stipulated by the norms of the Civil Code of the Russian Federation, which determine that the seller is obliged provide the buyer with the necessary and reliable information about the goods offered for sale, which complies with the requirements established by law, other legal acts and the requirements for the content and methods of providing such information usually presented in retail trade (clause 1 of article 495 of the Civil Code of the Russian Federation) and the norms of the law "On protection consumer rights ", which regulate the relationship arising between consumers and manufacturers, performers, sellers when selling goods (performing work, rendering services), establishes the rights of consumers to purchase goods (works, services) of proper quality and safe for life, health, property of consumers and the environment, obtaining information about goods (works, services) and about their manufacture owners (performers, sellers), and also determines the mechanism for the implementation of these rights.

Let's dwell on some forms of inaccurate advertising.

Inaccurate information contained in advertising may relate to the advantages of the advertised product over the goods in circulation that are produced by other manufacturers or sold by other sellers (clause 1, part 3, article 5 of the Law "On Advertising"). See: Khromov L.N. Advertising activity. M., 2007.S. 42.

Advantage should be understood as the superiority of the quality of the advertised product or service provided by some characteristics over the quality of a similar product or service of another / other manufacturer. The presence of such qualities, as a rule, provides a preference for the product / service of consumers. The Federal Antimonopoly Service considers as a statement of advantages, including wording containing superlative adjectives: "most", "only", "best", "absolute", "unique" and the like. In such cases, actual and documentary justification for the use of these words (conclusions of independent examinations and own research) is necessary, otherwise the information will be recognized as unreliable, and the advertising, accordingly, inappropriate.

In accordance with subparagraph 3 of paragraph 3 of Art. 5 of the Law "On Advertising" an advertisement is considered unreliable if it contains false information about the assortment and packaging of goods, as well as the possibility of purchasing them in a certain place or within a certain period.

Assortment of products - composition and ratio, selection of certain types of products in the production of products, in the place of their sale. The assortment characterizes the goods in terms of quality and varieties. Neither the law nor the current GOST R 51303-99 See: www.gost.fixa.ru/ Site state standards do not determine the minimum number of types of goods to which the word "assortment" is applicable. Therefore, two types of homogeneous products can already be attributed to the assortment.

Completeness of products - the presence of all components, fixtures, tools, which determines the suitability of the product for use. The completeness of complex mechanisms consists in the presence of all the necessary parts, equipment, accessories, auxiliary devices, without which normal operation or use of the mechanism in accordance with its purpose is impossible. With regard to products consisting of mutually complementary items (for example, furniture sets, tableware, etc.), completeness is expressed in the presence of the corresponding products in the established composition and the appropriate quantity, observing the required uniformity of form and style. See: O.A. Feofanov. Advertising. New technologies in Russia. M., 2009.S. 55.

Let us illustrate this provision with an example from administrative practice (Appendix 1):

The Vologda Department of the Federal Antimonopoly Service of Russia received a statement from individual entrepreneur A.A. Kharshina. about the fact of distribution of advertising for the Aladdin store with the following content: "The weather forecast on Radio Premier is published with the support of the Aladdin store at 1 Koneva, where carpets, carpets, linoleum and a" million "ready-made curtains are always available" signs of violation of Part 3 of Art. 5 of the Federal Law "On Advertising", since, according to the applicant, the words "one million ready-made curtains" are unreliable and mislead potential buyers, since the Aladdin store cannot have such a number of ready-made curtains in the assortment.

At the meeting of the commission, M.V. Mechanikov (the owner of the store "Aladdin") explained that the word "million" is used in the meaning of "many", confirmed that there are no million ready-made products (curtains) in the assortment of the store "Aladdin" and cannot be due to the size of the occupied premises. Also Mechanikov M.V. admitted violation of advertising legislation and stated that such violations would not be allowed anymore. In support of his words, IP Mechanikov M.V. the balance sheet is presented, according to which, as of 12/14/2008, 1262 (one thousand two hundred sixty-two) pieces of ready-made curtains and curtains are available in the Aladdin store.

Based on the foregoing, the panel concluded that the numeral “million” used in the advertisement in question, applied to the words “ready-made curtains”, is not true. See: Decision of the Vologda Department of the Federal Antimonopoly Service No. 59/747 // Archive of the Vologda Department of the Federal Antimonopoly Service for 2009.

The Vologda Department of the Federal Antimonopoly Service has recognized the advertisement of IE Mechanikova M.V. inappropriate, since it violates the requirements of paragraph 3 of part 3 of Art. 5 FZ "On Advertising", issue SP Mechanikovu M.The. an order to terminate the violation of the legislation of the Russian Federation on advertising, to transfer the case materials to an authorized official of the Vologda OFAS Russia to initiate an administrative offense case under Art. 14.3 of the Code of Administrative Offenses of the Russian Federation See: Code of the Russian Federation on Administrative Offenses dated December 31, 2001 No. 195 - FZ // Rossiyskaya Gazeta dated December 31, 2001, No. 256 ..

Thus, in this case it can be seen that the number of assortments in the advertisement was exaggerated and did not correspond to reality, thereby giving consumers a false impression of the assortment of the Aladdin store.

Summing up, we note that the requirement for honesty and reliability of advertising information is due to the fact that advertising, being one of the forms of dissemination of mass information, is a powerful stimulating factor that determines consumer behavior in the market of goods, works and services. Advertising influences fluctuations in the market value of goods, forms consumer demand, motivates the behavior of business entities, creates style and business reputation for a firm or commercial organization. It is on the basis of advertising that consumers often make their choice in favor of this or that product, give preference to one or another manufacturer. And the main goal of the Law "On Advertising" is to protect society from aggressive, unfair and unreliable advertising.

Madrich - Law Firm

Advertising legislation, including the Federal Law of the Russian Federation "On Advertising", regulates this area and monitors the prevention of abuse by market entities. In this regard, the Law on Advertising establishes requirements for advertising - its content, form, type - and prescribes them to be observed by each advertiser and advertising distributor.

The law expressly prohibits unfair and misleading advertising. Unfair advertising includes:

• Comparison of goods with goods from another manufacturer or seller;
• Damage to the business reputation of a competitor, honor and dignity of a citizen;
• Advertising of a product in respect of which advertising is prohibited in a specific way, at a specific time or in a specific place, while this is done under the guise of advertising another product, whose trademark or service mark is confusingly similar or even identical with the marks of the corresponding product;
• Advertising of goods prohibited for advertising;
• Anything that qualifies as an act of unfair competition.

1. Invalid comparisons- one of the popular violations, since the desire to highlight your product by belittling competitors' products is quite understandable and sometimes outweighs common sense. The courts recognized as incorrect actions in the form of placing a crossed out competitor's product, similar to the advertised product, with the inscription “Fake”. The purpose of such advertising is to create the impression among consumers that only the advertiser's products are originals and that analogs cannot be purchased anywhere else, which is accepted by the court as unfair behavior. The courts considered it as unfair advertising and materials indicating that the advertised product was superior in technical characteristics to the product of another seller, while in fact it was the same product, and the advertising was misleading buyers.
2. Advertising tarnishes business reputation if it contains false information that contributes to a decrease in buyers' confidence in this seller. In particular, in judicial practice, an advertisement was recognized as unfair, containing an indication of non-compliance by a particular organization with the delivery time of goods and calling for ordering goods only from an advertiser.
3. Identical trademarks in advertising aimed at misleading and confusing the buyer, as a result of which he is provoked to purchase goods from the advertiser instead of the real owner of the rights to the trademark. However, not in all cases, the identity is an unconditional basis for the recognition of advertising as unfair. There is a known case when a mineral water manufacturer demanded that the advertisement of a competitor be recognized as unfair, for which a similar number of water was indicated and a similar trademark was used, but the court dismissed the claim, considering that two different types of water were advertised, so the similarity in the advertisement is inevitable.
4. Advertising of a prohibited product under the guise of an advertisement of a manufacturer or seller is aimed at avoiding a direct ban on advertising such goods as drugs, explosives, tobacco, hookahs, abortions, goods for which the seller does not have certificates and registration certificates.

1. Unfair competition in advertising is expressed in violation of competition rules, in particular:

• Discrediting - such advertising contains incorrect, inaccurate information about the competitor, the quality of its goods, works, services, the number of goods, their prices and other terms of sale;
• Misleading about the properties of the goods, the ways of using them, the results of using the goods (mainly violations under this item are associated with medical products and advertising, which guarantees a quick and easy cure for diseases);
• Copying the appearance of someone else's product, corporate identity, label when entering a similar product into circulation.

Important! The law does not limit the list of types of unfair competition, therefore the antimonopoly authority has the right to perceive a violation of advertising legislation in other actions that speak of unfairness.

Liability for unfair advertising

According to article 14.3 of the CRFoAP, administrative liability follows for violation of advertising legislation:

1. the fine for citizens is 2-2.5 thousand rubles,
2. a fine for officials - 4-20 thousand rubles,
3. the fine for companies is even higher - 100-500 thousand rubles.

• for officials, a fine of 12-20 thousand rubles,
• for organizations a fine of 100-500 thousand rubles.

In addition, a competitor whose rights are affected by an act of unfair advertising has the right to initiate a lawsuit and ask the court to refute false information in the form of counter-advertising, compensation for losses, lost profits.

Important! The plaintiff will have to prove in court the link between the unfair advertising and the claimed damages.

A citizen has the right to demand compensation for moral damage caused to him as a result of unfair advertising of the defendant.

The antimonopoly body, within the framework of its activities, has the right to carry out checks in relation to advertising materials and, if it detects the fact of unfair advertising, issue orders to eliminate violations.

ATTENTION! Due to the latest changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.

In the last issue we talked about what information is advertising and what is not. In this issue, we will continue to analyze advertising legal requirements and talk about advertising fraud.

Already in the first article of the Federal Law of 13.03.2006 No. 38-FZ "On Advertising" (hereinafter - Law No. 38-FZ) it is said that the consumer has the right to receive honest and reliable advertising. But in detail about the conscientiousness and reliability is said in Art. 5 of Law No. 38-FZ. There, among other things, it is enshrined that advertising must be conscientious and reliable. Unfair advertising and misleading advertising are not allowed.

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Ads contain incorrect comparisons

Unfortunately, advertising legislation does not say which comparisons are correct and which are not. Therefore, the correctness in each specific case is determined individually. As a guideline, you can take a quote from the resolution of the Federal Antimonopoly Service of the West Siberian District.

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The same approach is used by other courts (see, for example, the decisions of the Arbitration Court of the North Caucasus District of 01.24.2014 in case No. A63-1412 / 2013 and from 29.04.2011 in case No. A63-7452 / 2010).

For example, an advertisement on the radio would be incorrect: “Hello, you are watching live news ... [The program is interrupted, noise is heard]. Familiar situation? Connect your cable TV and enjoy excellent picture and sound quality. The first cable TV, more than a hundred thematic channels on all TVs in your home without satellite dishes and receivers ... ". This advertisement contains a clear negative assessment of similar services provided by other companies, therefore, it is incorrect (resolution of the Arbitration Court of the North Caucasus District of 16.05.2016 No. F08-2647 / 2016 in case No. A63-8515 / 2015).

Another example of an incorrect comparison is a billboard with the text “ASTRA and no FOCUS”. Obviously, we are talking about comparing Opel Astra cars with Ford Focus cars. Attention is focused on the superiority of the former, and without specifying any criteria. In this case, the advertised product is perceived as the first in all possible indicators, which can mislead consumers (resolution of the Federal Antimonopoly Service of the North-West District of 08.08.2013 in case No. A66-7255 / 2012).

Comparison is one of the favorite tricks of advertisers. Of course, it is not prohibited by law, but comparisons should be based on comparable criteria or a complete comparison of goods. Otherwise, the consumer will not be able to get an objective idea of ​​the advertised product and its properties (clause 9 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 08.10.2012 No. 58 "On some issues of the practice of applying the Federal Law" On Advertising "by arbitration courts").

For example, if products are compared in terms of price, then they must have the same characteristics. Thus, the Seventeenth Arbitration Court of Appeal declared unfair advertising, in which two mayonnaises with different fat percentage were compared at a price (Resolution of 23.06.2010 No. 17AP-5770/2010-AK).

Arbitrage practice

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Ads contain defamatory information

If in the previous case it was about an incorrect comparison of one's own products with those of others, then here, in most cases, it was about an incorrect comparison of one's own company with competing firms.

Arbitrage practice

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Sometimes situations arise when unfair advertising is not about competitors, but about third parties. An interesting story is when a company engaged in appraisal activity distributed leaflets at the offices of insurance companies with clearly negative information about them.

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Resolution of the Eighth Arbitration Court of Appeal dated 26.06.2014 No. 08AP-3528/2014 in case No. A70-14014 / 2013

The case file contains a leaflet with the following content:

“Insurance companies in almost 100% of cases underestimate payments for car repairs at least 2-3 times:

• reduce the cost of new parts or take cheap Chinese counterparts instead of high-quality originals;
• reduce the number and cost of standard hours for car repairs;
• underestimate the amount of damage in the presence of pre-accident defects (chips, minor scratches) that any car has.

Or they are unlawfully denied payment!

WE ARE FREE:

• we will make an independent auto-examination of your car;
• we will provide legal assistance in collecting funds from insurance companies ... ".

The leaflet also contains: the name of the Company, address, phone number, working hours, travel maps and others. On the reverse side of the leaflet there is a "Memo to victims of road accidents".

Perhaps everything written in this leaflet will not be a revelation for motorists. But when it comes to advertising, the facts should not be unfounded. Therefore, it is quite logical that the court found the advertisement inappropriate, since it tarnishes the business reputation of the insurance companies.

However, such obvious violations are rarely committed by the company. More often than not, the fact that advertisements contain defamatory information is not obvious. Guess, for example, what is defamatory in the advertising text “www.plazaavtodar.ru. Azizbekova, 70. Bought the license? Buy a car! Plaza AutoDar. Car sale. Urgent ransom. 500-911 "? The correct answer is this: it denigrates the honor, dignity and business reputation of the traffic police officers, as well as the business reputation of the Ministry of Internal Affairs of Russia in the person of its departments (resolution of the FAS of the Volga District of 02.08.2012 on case No. A12-19634 / 2011).

A prohibited item is advertised as an approved item.

It is no secret that advertising legislation contains many prohibitions and restrictions. This is especially true for advertising such specific products as, for example, alcohol, medicines, weapons, securities, etc. To circumvent the requirements of the law, resourceful advertisers begin to formally advertise another product. Although everyone understands that we are talking about a product whose advertising is prohibited. A typical example is an advertisement for mineral water, which has the same name and logo with vodka. This type of dishonest advertising was very popular a few years ago.

However, now legally savvy advertisers no longer commit such blatant violations and are more creative. For example, a bookmaker's office is advertised under the guise of a charitable foundation of the same name (resolution of the Ninth Arbitration Court of Appeal dated 01.09.2016 No. 09AP-36257/2016 in case No. A40-93925 / 16). There is also more veiled advertising.

Arbitrage practice

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Thus, an extremely popular violation is the placement of advertising of alcoholic beverages using advertising structures on building elements: roofs, walls, etc. (Clause 5, Part 2, Article 21 of Law No. 38-FZ). For instance:

• placement of a structure with advertising of beer on the facade of the building: "" PIVNOFF-PAB ". A network of city establishments. All drinks are here. Czech. Belgian. German. And all with drinks right there. A fish. Crisps. Fresh cold live drinks. All delicious smoked dried fish. 100% quality. Excessive alcohol consumption is harmful to your health "(Resolution of the Arbitration Court of the Central District of 20.07.2016 No. F10-2315 / 2016 in case No. A48-7015 / 2015);
• placing a structure with an advertisement for champagne on the front door of the supermarket: “THIS IS NOT A GAME! THIS IS A SHOCK PRICE Champagne Russian "Traditional" semi-sweet white 10.5-13% alc. 0.75 l ... "(Resolution of the Ninth Arbitration Court of Appeal dated August 22, 2013 No. 09AP-23338/2013 in case No. A40-33066 / 13).

Advertising is an act of unfair competition

What is unfair competition is stated in the Federal Law of July 26, 2006 No. 135-FZ "On Protection of Competition" (hereinafter - Law No. 135-FZ).

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Clause 9 of Art. 4 of Law No. 135-FZ

unfair competition - any actions of economic entities (groups of persons) that are aimed at gaining advantages in the implementation of entrepreneurial activities, contradict the legislation of the Russian Federation, business customs, the requirements of integrity, rationality and fairness and have caused or may cause losses to other business entities - competitors or have caused or may harm their business reputation;

Details of exactly what actions are considered unfair competition are described in Chapter 2.1 of Law No. 135-FZ (Articles 14.1-14.8). There, in particular, a prohibition is established (Article 14.3):

• the use of the words “best”, “first”, “number one”, “most”, “only”, “only”, etc., which create the impression of the superiority of the product without specifying the comparison parameters;
• comparison of products without specifying specific compared characteristics or parameters;
• comparison of goods, the results of which cannot be objectively verified;
• comparison of goods based solely on insignificant or incomparable facts.

Violations of the norms of Chapter 2.1 of Law No. 135-FZ, committed during advertising, in most cases are qualified as a violation of advertising legislation (decisions of the Intellectual Property Rights Court dated 22.04.2016 No. С01-243 / 2016 in case No. А63-8204 / 2015, FAS Uralsky from 14.10.2010 No. F09-8346 / 10-C1 in case No. A60-7111 / 2010-C9), less often - as a violation of antimonopoly legislation (decisions of the Arbitration Court of the West Siberian District dated 18.04.2016 No. F04-914 / 2016 on case No. A45-15128 / 2015, FAS of the Central District of 02.02.2010 in case No. A14-5662 / 2009/123/22). However, this fact does not really matter for organizations. Fines for these violations are the same (see part 1 of article 14.3 and part 1 of article 14.33 of the Administrative Code of the Russian Federation).

At the moment, the main regulatory document governing the general requirements for the publication of the announcement is the Federal Law of March 13, 2006 No. 38-FZ "On Advertising". This law was adopted by the members of the State Duma on February 22, 2006 and approved by the Federation Council on March 3 of the same year.

The main objectives of the relevant decree are:

• development of markets for goods, works and services based on the observance of the rules of fair competition;
• guaranteeing the unity of the economic space in the Russian Federation;
• realization of the client's right to receive a genuine and reliable announcement;
• warning regarding non-compliance with the valid Federal law, as well as suppression of facts of improper announcement.

The main part of the draft law, which sets out the mandatory requirements for advertising, is Article 5 of Chapter 1.

• Clause 1. The advertisement must contain bona fide and genuine information;
• Clause 2. Unfair advertising is an advertisement that: includes incorrect comparisons; defames the honor, dignity or business prestige of a person or advertises prohibited goods and services;
• Clause 3, article 5 of the law on advertising. False and dubious advertising is an advertisement that contains information that does not correspond to reality: all properties and characteristics of the product, including the expiration date, composition, name of the manufacturer, consumer characteristics; about the assortment and complete set of goods; the cost of goods, payment procedures, the amount of discounts and tariffs; on the principles and conditions of delivery; on the recommendation of individuals or legal entities regarding the proposed product; on the positive results of research and testing; on the actual amount of demand for the goods and on the volume of production;
• Clause 4. The announcement should not push people to commit illegal actions, to violence and cruelty, or to form among the citizens of the Russian Federation a negative attitude towards persons who do not use the relevant goods or services;
• Clause 5 of Article 5. According to this Federal Law, advertising is not allowed: the use of foreign words and expressions; an indication that the product has been approved by the state government services and the regional government services. Also strictly prohibited: public demonstration of smoking and alcohol consumption; application of images of medical and pharmaceutical workers; an indication that the relevant product was created on the basis of human embryonic tissue; an indication that this product has medicinal properties and is able to cure a person from a disease;
• Federal Law on advertising article 5 h 6, the text of which contains information that the announcement does not allow the use of abusive language, indecent and offensive images, comparisons and expressions regarding gender, profession, race and nationality of the peoples of the Russian Federation;
• Clause 7. An announcement can not be submitted that lacks some of the basic information about the advertised product, about the conditions for its purchase or use;
• Clause 8. According to the requirements, the announcement should not contain data that is not regulated by Federal Law No. 38 or other regulations;
• Article 5 p. 9. In radio, television, video, audio and film products, you must not use hidden advertising that can influence the minds of potential consumers;
• Clause 10. It is not allowed to advertise on textbooks in educational institutions that are intended for teaching in primary and secondary grades;
• Clause 11. When developing, placing and publishing advertisements, the norms and requirements of the legislation of the Russian Federation must be observed.

Changes to Article 5 "General Requirements for Advertising"

On September 1, 2012, amendments to the Federal Law of March 13, 2006 No. 38-FZ "On Advertising" entered into force, introduced by the Federal Law No. 252-FZ of July 21, 2011, aimed at protecting minors.

Part 4 of Article 5 of this Federal Law was supplemented with a new clause, according to which the announcement should not contain information of a pornographic nature.

According to the new edition, new parts were introduced in Article 5: 10.1 and 10.2 , establishing the norms according to which the distribution of advertising of information products is not allowed. Clause 15 of Part 3 was slightly amended and read as follows: "on the principles and timing of contests, games or similar events, including the deadline for accepting applications for participation in it, as well as the procedure for receiving a prize."

In July 2016, By the Government of the Russian Federation the updated text of article 5 of part 12 was presented: “In the case of the introduction of advertising on a TV channel (in TV programs or broadcasts) based on the relevant data, which were obtained from the study of the volume of viewership of TV channels, advertisers and their distributors must use the specified data in accordance with the concluded agreements. If it detects non-compliance with the contract, the federal executive board service, which is in charge of control in the field of mass media, can call the advertiser to administrative responsibility. "

The text of the law "On Advertising"

The content of this bill includes 6 chapters and 40 articles. First chapter "Basic provisions of the law" consists of 13 articles, which describe in detail the objectives, scope, main concepts and general requirements for this legislative act. Chapter two defines the features of individual methods of distributing advertising of different categories and includes articles from 14 to 20. Third section "Features of advertisements for certain types of goods" sets the rules and requirements for: alcoholic beverages; medicines; dietary supplements; military goods; financial services and financial activities and the announcement of valuable documentation.

Chapter four is dedicated to self-regulation in the field of advertising. Article 31 describes in detail the self-regulation of institutions, while Article 32 describes the rights and obligations of the respective organizations. In chapter five , containing articles 33 to 38, describes the national control in the field of advertising and liability for non-compliance with this law. Chapter Six The "Final Provisions of this Law" describes the entry into force of Federal Law No. 38.

Download Federal Law dated March 13, 2006 No. 38-FZ "On Advertising" in the latest edition.