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Lost effect with July 1, 2006 year-the Federal law dated March 13, N 38-FZ of the RUSSIAN FEDERATION FEDERAL law on advertising adopted by the State Duma on June 14, 1995 onwards (as amended by the federal laws on 18.06.2001. N 76-FZ;
from 14.12.2001 N 162-FZ; from out N 196-FZ;
of 20 August 2004 N 115-FZ; from 22/08/2004, no. 122-FZ;
from Nov 02, 2004 N 127-FZ; from 09.05.2005 N 45-FZ;
on 21.07.2005 N 113-FZ) Chapter i. General provisions article 1. Purpose and scope of this federal law 1. This federal law regulates relations arising in the process of production, placement and distribution of advertising in the markets for goods, works, services (hereinafter goods) of the Russian Federation, including markets such as banking, insurance and other services associated with the use of funds by citizens (natural persons) and legal persons, as well as securities markets.
The objectives of this federal law is protection against unfair competition in the field of advertising, prevent and suppress inappropriate advertisements, capable of misleading advertisements mislead or harm health, property of citizens or legal entities, surrounding Wednesday harm the honour, dignity or business reputation of the persons concerned, as well as infringing upon public interest, principles of humanity and morality.
2. this federal law applies in cases where the acts committed outside the Russian Federation legal persons or citizens of the Russian Federation in the field of advertising, lead to a restriction of competition, misled the legal or natural persons in the territory of the Russian Federation or entail any other adverse effects on the markets of the Russian Federation, as well as disseminating information on the activities of the Organization and operation of gambling and/or betting. (As amended by the Federal law of 21.07.2005 N 113-FZ)
3. this federal law apply to foreign legal persons, as well as on foreign citizens and stateless persons-individual entrepreneurs registered in the prescribed manner, producing, hosting and distributing advertisements on the territory of the Russian Federation.
4. this federal law does not apply to political advertising.
5. this federal law does not apply to ads to individuals, including the media, are not associated with entrepreneurial activities.
Article 2. Basic concepts for the purposes of this federal law applies the following concepts: advertising disseminated in any form, by any means, information on the physical or legal person, activity, goods, ideas and undertakings (advertising info), which is for an indefinite number of persons and is designed to generate or maintain interest in the physical, legal entity, activity, goods, ideas and initiatives and contribute to the realization of the goods ideas and initiatives; (As amended by the Federal law of 21.07.2005 N 113-FZ) improper advertisement-unfair, unreliable, unethical, misleading and other advertising, which violated its maintenance requirements, time, place, and manner of distribution established by the legislation of the Russian Federation;
Counteradvertising-refutation of improper advertisement distributed to eliminate its effects induced;
advertiser-a legal entity or natural person that is the source of advertising information for production, properties, further dissemination of advertisements;
producer-legal or physical person who exercises complete or partial cast advertising information for distribution to the finished form;
distributor-a legal entity or an individual accommodation and (or) dissemination of advertising information by providing and (or) use of property, including technical means of broadcasting, television broadcasting, as well as communication channels, the broadcasting time and other means;
consumers of advertising-legal and physical persons to whose attention is brought or could be brought hype, the consequence of which is, or may be an impact of advertising on them.
Article 3. The legislation of the Russian Federation on advertising legislation of the Russian Federation on advertising consists of this federal law and adopted in compliance with it other federal laws.
Relations arising during production, placement and distribution of advertising, also may be governed by decrees of the President of the Russian Federation, normative legal acts of the Russian Federation Government and the regulations of the federal executive authorities, issued in accordance with this federal law.
Article 4. Copyright and related rights for advertising Advertising may fully or partly subject to the copyright and related rights. In this case, the copyright and related rights subject to protection in accordance with the legislation of the Russian Federation.
CHAPTER II. General and specific requirements for advertising Article 5. General requirements towards advertising
1. Advertising should be is recognizable without special knowledge or without the use of technical means as advertising directly at the time of its submission, regardless of the form or use of the means of distribution.
Use in radio-, tv-, video-, audio-and film, as well as in print nereklamnogo nature focused the attention of consumers of advertising on a specific brand (model, part number) of the goods either at the manufacturer's, performer's, seller to generate and maintain interest in them without proper notice about this (in particular, by tagging "advertisements") are not allowed.
If radio-, tv-, video-, audio-and film production, as well as printed matter distributed parts (lots of) reklame also respectively must be repeated the number of parts (series).
Media organizations are prohibited to charge a fee for placement of advertisements disguised as information, editorial or copyright material.
2. advertising on the territory of the Russian Federation applies to Russian advertisers and at the discretion of the an additional official languages of the Republics and native languages of the peoples of the Russian Federation. This provision does not apply to radio broadcasting, television broadcasting and publications undertaken solely on the State languages of the republics, the native languages of the peoples of the Russian Federation and foreign languages, as well as registered trademarks (service marks).
3. advertising products, advertising on the advertiser, if its activity requires special permission (license), but such permission (license) is not received, as well as advertising of goods prohibited for production and sale in accordance with the legislation of the Russian Federation shall not be permitted.
If the advertiser is subject to licensing, advertising, license number shall be indicated, as well as the name of the authority which issued the license.
4. advertising of goods subject to mandatory certification must be accompanied by marked "subject to compulsory certification".
5. Use advertising objects of exclusive rights (intellectual property) is permitted in the manner prescribed by the legislation of the Russian Federation.
6. Advertising should not encourage citizens to violence, aggression, to panic, as well as encourage dangerous actions that can harm the health of persons or threatening their security.
7. Advertising should not encourage actions that violate environmental laws.
Article 6. Unfair advertising Unfair is advertising, which discredits the legal and physical persons who do not enjoy the advertised goods;
contains incorrect comparison of the advertised product with commodity (goods) other legal or natural persons, but also contains statements, images, discrediting honour, dignity or business reputation of a competitor (competitor);
introduces consumers to mislead the advertised product by imitation (copying or imitation) of the overall project, text, advertising formulas, images, music, or sound effects used in the advertising of other goods, or through abuse of the trust of individuals or the disadvantage they experience, knowledge, including in connection with absence of the advertising portion of substantial information.
Unscrupulous advertising is not allowed.
Article 7. Misleading advertising is Misleading advertising, in which present untrue information in respect of: product characteristics such as the nature, composition, method and date of manufacture, destination, consumer properties, conditions of application, the certificate of conformity, certification marks and marks of conformity to state standards, quantity, place of origin;
availability of goods on the market, the possibility of acquisition in the specified scope, period of time and place;
value (price) of the goods at the time of distribution of advertising;
additional conditions for payment;
delivery, Exchange, return, repair and maintenance of goods;
warranty, terms of service, terms of validity;
exclusive rights to results of intellectual activity and means of individualization equated to a legal entity, product differentiation, works performed or services;
rights to use of the State symbols (flags, emblems and anthems), as well as symbols of international organizations;
official recognition, obtaining medals, prizes, diplomas and other awards;
providing information on how to purchase the full series of the goods if the goods is part of a series;
the results of research and testing, scientific terms, citations of technical, scientific and other publications;
statistical data should not be presented in the form of preuvelichivajushhem, their validity;
references to any recommendation or endorsement by legal or natural persons, including obsolete;
terms of superlatives, including through the use of the words "most", "only", "best", "absolute", "only" and the like, if it is impossible to document;
comparisons with other commodity (goods), as well as the rights and position of other legal or natural persons;
references to any guarantees to the consumer advertised goods;
the actual size of the demand for the goods;
information about the advertiser.
Misleading advertising is not allowed.
Article 8. Unethical advertising 1. Unethical is advertisement, which contains a textual, Visual, audio information, violates generally accepted standards of humanity and morality by using offensive words, comparisons, images of race, nationality, profession, social category, age group, sex, language, religious, philosophical, political and other convictions of individuals;
art objects that make up the defames the national or world cultural heritage;
discredits State symbols (flags, armorial bearings), the national currency of the Russian Federation or any other State, religious symbols;
defames any individual or legal entity, any activity, profession, product.
Unethical advertising is not allowed.
2. A natural or legal person who is aware of the production or distribution of advertising that contains information slandering his honor, dignity, or business reputation, may apply for the protection of infringed rights, respectively, in court or in Arbitration Court in the manner prescribed by the legislation of the Russian Federation, as well as the right to demand from the advertiser to refute such advertising in the same way that it was extended, if the advertiser does not comply with this requirement on a voluntary basis.
Article 9. Misleading advertising is known to be false advertising, through which the advertiser (producer, Distributor) intentionally misleading the consumer advertising.
Misleading advertising is not allowed.
Article 10. Hidden advertising Use in radio-, tv-, video-, audio-and film, as well as in other production and distribution in other ways hidden advertising, i.e. advertising, which has no impact on the consumer aware of his perception, including through the use of special movie (double recording) and otherwise, are not allowed.
Article 11. Features of advertising in radio and television programmes 1. In radio and television programmes is not allowed to interrupt and combine with advertising, including advertising in the form of blends, including the way "marquee": children, educational and religious;
radio dramas and movies without the consent of the right holders;
broadcast live transmission, the list of which is set by the Federal law "on order of coverage of public authorities in the public media";
other transfer, duration of the broadcast which is less than 15 minutes.
Other transfer, duration of the broadcast which is more than 15 minutes, as well as radio plays and movies cannot be combined with an advertisement more frequently than every 15 minutes or may be interrupted as often as 15-minute periods include these broadcasts, radio dramas and feature films.
Broadcast advertising its sound cannot be louder sound broadcast programme.
(Revision of the Federal law dated 14.12.2001 N 162-FZ)
2. when using the advertising is in the form of blends, including the way "marquee", its size must not exceed seven per cent of the square frame.
3. dissemination of the same on the content of advertising the same product or advertisement on the advertiser should not be more than two times totalling not more than 2 minutes during the hours of airtime on radio and television broadcasting single frequency. (As amended by the Federal law dated 14.12.2001 N 162-FZ)
4. radio and television programmes, not registered as specializing in communications and promotional materials, advertising should not exceed 20 per cent of air time. (As amended by the Federal law dated 14.12.2001 N 162-FZ) Article 12. Features of advertising in periodicals to periodicals, not specializing in communications and promotional materials, advertising should not exceed 40 per cent of one issue of the periodical printed publising.
Article 13. Features of advertising in cinema and video service, background service 1. Interrupt a demonstration movie, except for breaks between batches (parts), cinema and video service is not allowed.
2. When the reference phone service advertising can only be granted after the help message (certificates) required by the Subscriber.
3. When paid help phone, computer and other advertising service can be provided only with the consent of the Subscriber. The cost of such advertising shall not be included in the price of the requested subscriber certificates.
Article 14. Especially for outdoor advertising
1. The dissemination of advertisements in urban, rural settlements and other territories may be in the form of posters, stands, light boards, other technical means stable spatial location (outdoor advertising) in the manner provided for in paragraphs 2 and 3 of this article. Outdoor advertising must not have similarities with road signs and signposts, impair their visibility, as well as reduce traffic safety.
2. distribution of outdoor advertising is permitted with a permit issued by the local government authority settlements or urban district, agreed with: (as amended by federal law from 22/08/2004, no. 122-FZ) relevant management organ of roads, as well as the police body, authorized to carry out monitoring, supervisory and regulatory functions in the field of road safety-lane wayside and drainage area roads-outside the territory of urban and rural settlements; (As amended by the federal laws on 18.06.2001. N 76-FZ; from 22/08/2004, no. 122-FZ) police authority authorized to carry out monitoring, supervisory and regulatory functions in the field of road safety, in the territories of both urban and rural settlements; (As amended by the federal laws on 18.06.2001. N 76-FZ; from 22/08/2004, no. 122-FZ) the relevant management body of the railways-lane diversion of railways.
For authorizing the dissemination of outdoor advertising is paid the State fee in the amount and under the procedure established by the legislation of the Russian Federation on taxes and fees. (As amended by federal law from Nov 02, 2004 N 127-FZ)
3. the proliferation of outdoor advertising by setting in the territory (including the territories of cultural monuments, ritual objects, protected natural complexes), building construction and other object, as well as to determine amount and order of payment for a specified distribution of advertising are carried out on the basis of a contract with the owner or a person in possession of real property rights, unless a statute or contract provides otherwise in respect of a person with property rights in rem, and with permission, under paragraph 2 of this article.
Article 15. Features of advertising on vehicles and mail 1. Dissemination of advertising on vehicles is carried out on the basis of contracts with owners of vehicles or persons having rights in rem on the means of transport, unless a statute or contract provides otherwise with regard to persons having rights in rem on this property.
Restrictions and prohibition of advertising on vehicles to ensure safety is determined by the authorized bodies, which are responsible for monitoring safety.
2. dissemination of advertising on mail is carried out only with the permission of a federal body of executive power with a mandate in the field of communications. The procedure for issuing permits is determined by the specified authority. (As amended by federal law from Nov 02, 2004 N 127-FZ) Article 16. Features of advertising separate types of goods 1. Advertising of alcoholic beverages, tobacco and tobacco products, disseminated by any means, shall not contain: demonstration of processes of smoking and alcohol consumption, as well as should not create the impression that consumption of alcohol or smoking is essential for achieving social, sporting or personal success or to improve the physical or mental condition;
discredit abstinence from drinking or smoking, contain information on positive therapeutic properties of alcohol, tobacco and tobacco products and provide their high content in a product like dignity;
apply directly to minors, as well as use images of individuals under the age of 35 years, remarks or participation of persons enjoying popularity among minors and persons under the age of 21 years;
disseminated radio and television from 7 to 10:00 pm local time;
distributed in any form in radio and television, in cinema and video service, in printed publications to minors;
spread on the first and last pages of newspapers, as well as on the first and last pages and covers of magazines;
distributed at children's, educational, medical, sports, cultural organizations, as well as closer to 100 meters from them.
Dissemination of advertising of tobacco and tobacco products must in all cases be accompanied by warning about the dangers of smoking, and in radio and television programmes the warning must be given not less than three seconds of airtime, when distributing advertisements in other ways-not less than five percent of advertising space (space).
1-1. Disseminated by any means advertising of beer and beverages made from it should not: contain information about what their use is essential for the achievement of social, sporting or personal success or to improve the physical or mental condition;
contain information that their use is one way to quench your thirst;
contain information on their harmlessness and (or) positive therapeutic properties;
to use images of people and animals;
distributed in any form in radio and television, in cinema and video service, in printed publications to minors;
distributed at children's, educational, medical, sanatorium-and-Spa, wellness, sports organizations, culture, as well as closer to 100 meters;
disseminated radio and television from 7 to 10:00 pm local time;
take the form of animated (animated) films;
discredit abstinence from drug paraphernalia;
spread on the first and last pages of newspapers, as well as on the first and last pages and covers of magazines;
disseminated in the media, registered as specializing in ecology, education and health.
In all cases, dissemination of advertising of beer and beverages produced at its basis, should be accompanied by a warning about the possible dangers of their use, and in radio and television programmes the warning must be given not less than ten per cent of airtime each broadcast such advertisements, when distributing such advertising in other ways-not less than ten percent of advertising space (space).
(Para supplemented by Federal Act of 20 August 2004 N 115-FZ)
2. advertising of medicines, medical products, medical equipment if you do not have permission on their production and (or) implementation, as well as advertising methods of treatment, prophylaxis, diagnosis, rehabilitation, in the absence of an authorization for the provision of such services, issued by the Federal Executive Body in the field of public health shall not be permitted, including in cases of obtaining patents for inventions in this area.
Advertising medicines, prescription by prescription, as well as advertising of products of medical purpose and medical technique, the use of which requires special preparation is allowed, taking into account the requirements under the first subparagraph of this paragraph only in publications intended for medical and pharmaceutical workers.
3. it is not allowed to advertise all types of weapons, armaments and military equipment, except for advertising and service weapons, armament and military equipment made in the list of military goods, the export and import of which are carried out in the Russian Federation, as well as licenses permitted civilian weapons, including hunting and sporting.
Not allowed advertising permitted civilian weapons, armament and military equipment made in the list of military goods, the export and import of which are carried out in the Russian Federation licenses if the specified advertising directly or indirectly reveals production technology, ways of fighting and special use of weapons, armaments and military equipment.
Dissemination of advertisements permitted civilian weapons, including hunting and sporting, is allowed only in periodic publications specializing in the dissemination of advertisements, as well as other periodic publications intended for users authorized civilian weapons, and in places the use of hunting and sporting weapons.
Dissemination of advertisements permitted civilian weapons in the electronic media is allowed only after 10:00 pm local time.
Advertising of combat and service weapons as well as weapons and military equipment made in the list of military goods, the export and import of which are carried out in the Russian Federation licenses is allowed only in the publications referred to in the law of the Russian Federation "on weapons", as well as specialized exhibitions or fairs-sales conducted as prescribed by the Government of the Russian Federation.
Article 16-1. Features of advertising on the activities of the Organization and operation of gambling and/or betting 1. Dissemination of advertising on the activities of the Organization and operation of gambling and/or betting, including advertising, gambling is permitted only: in radio and television programmes with 22 to 7:00 local time;
in buildings, structures and installations, in which gambling and/or betting, except for the railway premises, airports, subway stations, where the distribution and placement of such advertisements are not allowed;
in periodicals, promotional, as well as in specialized periodicals intended for the employees of gambling establishments and (or) for persons involved in gambling and/or betting.
2. advertising of gambling activities and (or) betting, including advertising gambling establishments, should not create the impression that gambling and/or betting is set to achieve social or personal success or could contribute to the solution of problems related to property;
discredit the persons not participating in gambling and/or betting;
the impression that winning is guaranteed or its probability is high;
remain silent on special conditions or restrictions on participation in gambling and/or betting either on the conditions of payment of winnings, if such conditions or restrictions are imposed;
apply directly to minors, use images of people and animals, as well as any form of radio or television broadcasts or in printed publications to minors.
3. The requirements of this article shall not apply to the advertising of stimulating lotteries and state lotteries.
(Article supplemented by federal law from 21.07.2005 N 113-FZ) Article 17. Features of advertising financial, insurance, investment services and securities in the production, distribution and advertising of financial (including banking), insurance, investment services and other services related to the use of funds of legal entities and natural persons, as well as securities is not permitted: lead in advertising quantitative information that does not have a direct relationship to the advertised services or securities;
guarantee the size of dividends on common inscribed shares;
advertise securities prior to the registration of prospectuses, their emissions;
to represent any kind of guarantee, promise or assumptions about future effectiveness (profitability) activities, including by declaring growth equities;
leave at least one of the conditions of the contract, if the advertisement is reported on the conditions of the Treaty.
Article 18. 1 social advertising. Social advertising is public and State interests and aims to achieve charitable purposes.
Social advertising should not refer to commercial organizations and individual entrepreneurs, as well as specific brand (model, articles), as well as their products and brand (model, articles) of goods resulting from business activities of nonprofit organizations.
2. on a non-reimbursable basis the activities of legal entities and natural persons for the production and dissemination of social advertising, transfer its assets, including funds, other legal entities and natural persons for the production and dissemination of social advertising of the recognized charity and enjoys the benefits provided by the law.
3. Advertisement distributors-media organizations are obliged to implement the accommodation of social advertising provided by the advertiser within five percent of airtime (the main printed square) a year that is used within the limits established by the legislation of the Russian Federation for advertising about advertising.
Advertisement distributors that are not media organizations, are obliged to carry out social advertising placement within five percent of the annual value of the service to disseminate advertising.
Reklamoproizvoditeli are required to provide services for the production of social advertising within five percent of the annual production of their advertising.
Conditions relating to placement time and means for the dissemination of social advertising proposed by the advertiser, are mandatory for the Distributor, if the advertiser is drawn to reklamorasprostranitelju not later than one month before the expected date of dissemination of social advertising.
Payment of the production and distribution of social advertising placement is made on the basis of the Treaty.
In case of exceeding the volume of orders for production, placement and distribution of social advertising on such advertising limit for airtime, the main printed area, production, placement and distribution and if disputes arise sequence production, placement and distribution of social advertising is defined in the order received reklamoproizvoditelem, reklamorasprostranitelem offers advertisers.
4. Any action advertisement producers and marketing promoters, impeding production, placement and dissemination of social advertising within the limits set by paragraph 3 of this article shall not be permitted. In the case of such acts subject to appeal to the Court in the prescribed manner.
Article 19. Sponsorship under the sponsorship for the purposes of this federal law refers to the implementation of the legal or natural person (sponsored) contribution (in the form of provision of equipment, results of intellectual activity, services, work) in the activities of other legal or physical person (sponsored) on a sponsored advertisement of the sponsor, its products.
Sponsorship contributions to recognized advertising fee and sponsor and sponsored by advertiser and reklamorasprostranitelem respectively.
Sponsor has no right to interfere in the activities of the sponsored.
Article 20. Protection of minors in the production of, and disseminating advertisements 1. During the production, placement and dissemination of advertising in order to protect minors from abuse of their prejudice and lack of experience are not allowed:
discredit the authority of parents and caregivers, undermining the credibility of minors;
suggestions directly to minors, so they convinced parents or others to purchase the advertised goods;
drawing attention to the fact that juvenile possession of those or other goods gives them any advantage over other juveniles, as well as to the fact that the absence of these products gives the opposite effect;
accommodation in advertising text, Visual or auditory information that show minors in dangerous places and situations;
understatement of the necessary level of skills in the use of the product from the minors. In case if the results of the use of the goods showing or described, advertising should give information that is really achievable for minors the age group for which the product is intended;
creating from minors (distorted) unrealistic ideas about value (price) of the goods to the minor, in particular through the use of the word "only", "just" and the like, as well as through direct or indirect indications that the advertised product is available for any family budget.
2. Textual, Visual or sound using images of minors in advertising, not directly related to goods for minors is not allowed.
CHAPTER III. The rights and responsibilities of ADVERTISERS, ADVERTISEMENT PRODUCERS and MARKETING PROMOTERS Article 21. Terms of storage of materials containing advertisement Advertiser, advertisement producer and Distributor is obliged to store materials or copies that contain advertisements, including all alterations subsequent changes within one year from the date of the last distribution of advertising.
Article 22. Providing advertising information for the production and distribution of advertising 1. Producer and Distributor may require, and in this case, the advertiser is obliged to provide documentary evidence of the reliability of advertising information.
2. If the advertiser is subject to licensing, with the advertising of the product concerned, as well as in advertising the advertiser is obliged to provide, and the producer and the Distributor is obliged to obtain the appropriate license or its duly certified copy.
Article 23. The obligation to inform the advertiser's advertisement on the circumstances which might lead to a breach of the legislation of the Russian Federation on advertising Producer is obliged to inform an advertiser that compliance with the requirements of the latter in the production of advertising can lead to a violation of the legislation of the Russian Federation on advertising.
If an advertiser, despite the timely and reasonable warning advertisement, would not alter its demand (requirements) for advertising, or fails to provide on demand advertisement producer documentary confirmation of assistance for the production of advertising information or does not resolve the other circumstances which might make improper advertising, producer shall be entitled to terminate the contract in accordance with the established procedure and demand full compensation for damages, unless a contract provides otherwise.
Article 24. Provision of information to the bodies of executive power of advertisers, reklamoproizvoditeli and advertisement distributors are obliged on demand of the federal bodies of executive power (their territorial bodies) responsible for monitoring compliance with legislation of the Russian Federation on advertising, in time to provide reliable documents, explanations, orally or in writing, video and sound recordings, as well as other information necessary for the exercise of the powers provided for in this federal law.
Article 25. Public offer to conclude a contract in advertising 1. The effects of recognition advertising invitation to make offers or public offer (public offer to conclude a contract in advertising) are determined in accordance with the civil legislation of the Russian Federation.
2. The advertiser is obliged to specify the validity period as advertising, acting as solicitation, if the advertisement is reported at least one of the essential conditions and advertising, serving as a public offer.
3. If an advertiser refuses to conclude a treaty after receiving acceptance in the established order of the person to whom is addressed to the public offer, the person may apply to the Court, the Court of arbitration with the requirements of the contract and for damages caused by the unjustified refusal of the advertiser from conclusion of the contract.
CHAPTER IV. STATE SUPERVISION and SELF-REGULATION in advertising, article 26. The powers of the Federal Antimonopoly body of State control in the sphere of advertising 1. The Federal competition authority (its territorial bodies) carries out within its competence, the State monitoring of compliance with the legislation of the Russian Federation on advertising. This body (its territorial bodies): prevents and suppresses facts inappropriate advertisements made by legal entities and physical persons;
directs advertisers, reklamoproizvoditeljam and us regulations on termination of violations of the legislation of the Russian Federation on advertising, decisions on the implementation of counter-advertisements;
sends materials on violations of the legislation of the Russian Federation on advertising in the bodies issuing the license, to address the question of suspension or early cancellation of a license for carrying out the respective activity;
directs the prosecutors, other law enforcement authorities jurisdiction over materials to address the question of instituting criminal proceedings on grounds of offences in the field of advertising.
2. the Federal Antimonopoly body (its territorial bodies) have the right to sue in the courts, arbitration courts, including for an undefined circle of consumers of advertising in connection with violation of advertisers, reklamoproizvoditeljami and reklamorasprostraniteljami of the Russian Federation legislation on advertising and on the invalidation of transactions involving inappropriate advertising.
3. in the claims before the courts, arbitration courts the Federal Antimonopoly body and its territorial bodies are exempted from payment of the State fee.
4. Federal bodies of executive power, authorized in accordance with the legislation of the Russian Federation to carry out functions within its competence for the protection of the rights of consumers and curb unfair competition, may enter into agreements with advertisers, reklamoproizvoditeljami and reklamorasprostraniteljami of the agreement on their compliance with the rules and customs of advertising practice.
Article 27. The right of access to information 1. Employees of the Federal Antimonopoly body (its territorial bodies) in order to fulfil the functions of this body for monitoring compliance with the legislation of the Russian Federation on advertising have the right to unimpeded access to all necessary documents and other materials, advertisement producers and advertisers marketing promoters.
2. The information, constituting commercial secret and the persons referred to in paragraph 1 of this article shall not be subject to disclosure.
In case of disclosure of information constituting commercial secret, damages are recoverable in the Federal Antimonopoly body (its territorial authority) in the manner prescribed by the legislation.
3. The persons referred to in paragraph 1 of this article, are organizations engaged in activities related to the use of information constituting a State secret, in the manner prescribed by the legislation of the Russian Federation.
Article 28. The right of self-regulation in advertising 1. Advertising self-regulatory bodies-public organizations (associations), associations and unions of legal entities: involved in the development of advertising requirements, including draft laws and other normative legal acts;
conduct an independent examination of advertisements to ascertain its conformity with the requirements of the legislation of the Russian Federation on advertising and submit appropriate recommendations to the advertisers, reklamoproizvoditeljam and us;
attracted by the Federal Antimonopoly body (its territorial bodies) in exercising control over observance of the legislation of the Russian Federation on advertising;
direct in procuratorial bodies materials and apply to federal bodies of executive power in connection with the violation of the legislation of the Russian Federation on advertising.
2. advertising self-regulatory Bodies entitled to bring claims in the prescribed manner to the Court, the Court of arbitration for consumer advertising, including an unspecified circle of consumers of advertising in the case of violations of their rights under the legislation of the Russian Federation on advertising.
If the claim against an undefined circle of consumers of advertising a court or arbitral tribunal obliges the offender to communicate the decision of the Court or the arbitral tribunal to the attention of these consumers through the mass media or other means, within a time limit.
Chapter v. COUNTERADVERTISING and RESPONSIBILITY for IMPROPER ADVERTISING Article 29. Counteradvertising 1. In the case of a violation of the legislation of the Russian Federation on advertising the violator is obliged to kontrreklamu within the period prescribed by the Federal Antimonopoly body (its territorial authority) decision designating counter-advertisements. If the offender incurs expenses for kontrreklame in full.
2. (repealed-the Federal law from 09.05.2005 N 45-FZ) 3. Counteradvertising is carried out by the same means of distribution, using the same characteristics length, spaces, places and order as oprovergaemaja improper advertising. Content counter-advertisements is coordinated with the Federal Antimonopoly body (its territorial authority), which found a violation and decided about its correction.
In some cases, by a decision of the Federal Antimonopoly body (its territorial authority), which decided to hold counter-advertisements, allows replacement of means of distribution, characteristics, duration, space, place and procedure of counter-advertisements.
Article 30. The responsibility of the advertiser, advertisement producer and distributor Advertiser bears responsibility for violation of legislation of the Russian Federation on advertising in the content of the information provided to create advertising, unless it is proved that the violation occurred through the fault of the advertisement producer or Distributor.
Advertisement producer bears responsibility for violation of legislation of the Russian Federation on advertising in parts design, manufacture, preparation of advertising.
The Distributor is responsible for the violation of the legislation of the Russian Federation on advertising in relation to time, place and means of advertising.
Article 31. Responsibility for violation of legislation of the Russian Federation on advertising 1. Legal persons or citizens (advertisers, reklamoproizvoditeli and advertisement distributors) for violation of the legislation of the Russian Federation on advertising shall bear civil liability in accordance with the legislation of the Russian Federation.
A person whose rights and interests have been infringed as a result of improper advertising, may apply in the prescribed manner to the Court, the Court of arbitration claims, including claims for damages, including lost profits, compensation for harm caused to health and property, moral damage compensation, public denial of inappropriate advertisements.
The plaintiffs claims for damages caused by the improper advertising of health, property, honour, dignity and business reputation, are exempted from payment of the State fee.
2. (first paragraph repealed federal law from out N 196-FZ) Improper advertising, done again within a year after the imposition of an administrative penalty for the same actions, entails criminal liability in accordance with the legislation of the Russian Federation.
Misleading advertising, done with a view to profit (income) and causing substantial harm to State or public interests or the legally protected rights and interests of citizens, entails criminal liability in accordance with the legislation of the Russian Federation.
3. (the first paragraph repealed federal law from out N 196-FZ) of fines paid for violations of legislation on advertising, credited in the respective budgets in the following proportions: (as amended by federal law from out N 196-FZ), 40 per cent of the federal budget;
60 per cent of the budget of the Russian Federation on the territory of which the registered legal entity or individual entrepreneur-advertiser, advertisement producer or Distributor.
(Paragraph five ineffective federal law from out N 196-FZ) fines shall not relieve the advertiser, advertisement producer or distributor from the execution of an order of termination of violations of the legislation of the Russian Federation on advertising or from the execution of the decision on the implementation of counter-advertisements.
4. Advertiser, advertisement producer or distributor has the right to apply to court, Arbitration Court for annulment of regulations or totally or partially the decision of the Federal Antimonopoly body (its territorial authority) in accordance with the legislation of the Russian Federation.
The filing of the application shall not suspend the execution of the order or decision of the Federal Antimonopoly body (its territorial authority), if the Court or Court of arbitration will not be determined for suspension of the above-mentioned acts.
CHAPTER VI. Final clauses article 32. International treaties of the Russian Federation in the field of advertising if an international treaty of the Russian Federation establishes rules on advertising than those provided for in this federal law, the rules of the international treaty shall apply.
Article 33. On the entry into force of this federal law 1. This federal law shall enter into force on the day of its official publication.
2. Paragraph 1 of article 16 of the Federal law on advertising of alcoholic beverages, tobacco and tobacco products in television shows since January 1, 1996 year is canceled, and advertising of these products in television shows since then is not allowed.
3. invite the President of the Russian Federation to bring into compliance with this federal law normative legal acts issued by them.
4. To instruct the Government of the Russian Federation to prepare a proposal on the approximation of the legislation of the Russian Federation in accordance with this federal law;
brought into line with the present Federal law normative legal acts of the Government of the Russian Federation.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 108 July 18, 1995-FZ
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