Advanced Search

About Advertising

Original Language Title: О рекламе

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Spspent in force since July 1, 2006- Federal Law of 13.03.2006 N 38-FZ RUSSIAN FEDERATION FEDERAL LAW On ad adopted by the State Duma on 14 June 1995 Federal laws of 18 June 2001 N 76-FZ; of 14.12.2001 N 162-FZ; of 30.12.2001 N196-FZ; of 20.08.2004 N 115-FZ; of 22.08.2004 N 122-FZ; of 02.11.2004 N 127-FZ; of 09.05.2005 N 45-FZ; of 21.07.2005 N113-FZ CHAPTER I. GENERAL PROVISIONS Article 1. The 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 of goods, works and services of the Russian Federation, including the markets of banking, insurance and other services related The use of funds by citizens (individuals) and legal entities, as well as securities markets. The purpose of this Federal Law is to protect against unfair competition in advertising, prevent and suppress improper advertising, which can lead to misleading consumers or harm health Citizens, property of citizens or legal persons, the environment or damage to the honour, dignity or business reputation of these persons, as well as encroaches on the public interest, the principles of humanity and morality. 2. This federal law applies also when acts committed outside the Russian Federation by legal entities or by citizens of the Russian Federation in the field of advertising lead to limited competition, misrepresentation OF THE PRESIDENT OF THE RUSSIAN FEDERATION gambling and (or) wager. (In the wording of Federal Law of 21.07.2005) N1FZ) 3. This Federal Law applies to foreign legal persons, as well as to foreign citizens and stateless persons-individual entrepreneurs who are registered in accordance with the established procedure, which produce, distribute and distribute OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. This federal law does not apply to political advertising. 5. This Federal Act does not apply to the declaration of individuals, including in the mass media, which are not related to the conduct of business. Article 2. Key concepts For the purposes of this Federal Act, the following basic concepts are used: advertising-any form of advertising, physical or legal information the person, activity, of goods, ideas and undertakings (advertising information), which is intended for an unspecified number of persons and is intended to form or maintain an interest in this physical, legal person, activity, goods, ideas and initiatives, and To promote the realization of goods, ideas and undertakings; (In the wording of the Federal Law of 21.07.2005) N 113-FZ) improper advertising is an unscrupulent, unethical, unethical, false and other advertisement that violates the requirements of its content, time, place and mode of distribution established by Russian Federation law; counter-advertisement-refuting improper advertising, distributed in order to eliminate the consequences of its effects; advertiser-legal or natural person who is the source publicity for the production, placement, Advertigo; advertising-legal or natural person who fully or partially bring advertising information to the ready for circulation form; advertising-legal entity or a natural person carrying out the placement and/or dissemination of advertising information by providing and/or using property, including radio broadcasting, television broadcasting and communication channels, airtime and other ways; advertising consumers are legal or natural persons who are notified or may be notified of the advertisement, resulting in, or may be, the appropriate effect of the advertisement on them. Article 3. The Russian Federation's legislation on advertising The Russian Federation's legislation on advertising consists of this Federal Act and other federal laws. Relations that arise in the process of production, placement and distribution of advertising may also be regulated by decrees of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation and regulatory acts. Federal executive acts issued under this Federal Act. Article 4. Copyright and related advertising rights Advertising can be wholly or partly subject to copyright and neighbouring rights. In this case, copyrights and related rights are subject to protection under the laws of the Russian Federation. Chapter II. GENERAL AND SPECIAL REQUIREMENTS FOR RECLAMR Article 5. General requirements for advertising 1. Advertising must be recognized without special knowledge or without the use of technical means as an advertisement at the time of its submission, regardless of the form or the medium used. Use in radio, television, video, audio and film products, as well as in printed products, of the purpose of targeting consumers ' attention to the specific brand (model, SKU) of the product or to the manufacturer, The Producer, the seller, for the purpose of forming and maintaining an interest in them without proper prior notice of this (in particular, by means of a mark of "advertising rights") is not permitted. If radio, television, video, audio and film products, as well as print products are distributed in parts (series), advertising messages must also be repeated in the number of parts (series). Media organizations are not allowed to charge for advertising placement under the guise of information, editorial or copyright. 2. Advertising in the Russian Federation is distributed in Russian and at the discretion of the advertisers in the official languages of the Republics and the native languages of the peoples of the Russian Federation. This provision does not apply to radio broadcasting, television broadcasting and print publications, which are carried out exclusively in the official languages of the Republic, the mother tongues of the peoples of the Russian Federation and foreign languages, as well as on Registered trademarks (service marks). 3. Advertising of goods, advertising about the advertiser itself, if the activities carried out by them require special authorization (licenses), but such permission (license) was not obtained, as well as advertising of goods prohibited for production and sale in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION If the advertiser is licensed, the license number and the name of the authority that issued the licence must be included in the advertisement. 4. Goods subject to mandatory certification must be marked "subject to mandatory certification". 5. The use of objects of exclusive rights (intellectual property) in advertisements is permitted in the manner provided for in the legislation of the Russian Federation. 6. Advertising should not incite citizens to violence, aggression, incite panic, and incite dangerous actions that could harm the health of individuals or threaten their security. 7. Advertising should not be induced to act in violation of environmental legislation. Article 6. Unfair Advertising Unfair is an advertisement that: discredits legal and natural persons who do not use advertised goods; contains incorrect comparisons of the advertised product with goods (goods) of other legal or natural persons, as well as speech, images depating the honour, dignity or business reputation of a competitor (competitors); introduces consumers to the misconception about advertising goods by imitation (copying or emimitation) of general Project, text, advertising formulas, images, music or sound effects used in advertising for other goods, or by abuse of the trust of individuals or lack of experience, knowledge, including lack of The advertising of a piece of material information. Unfair advertising is not allowed. Article 7. Untrusty advertising Untrue is an advertisement that does not have the relevant information about: characteristics of the goods, such as nature, composition, method and date of manufacture, destination, consumer properties, conditions of application, existence of a certificate of conformity, certification marks and signs of conformity to public standards, quantity, place of origin; availability of goods in the market, opportunities to acquire it in the quantities indicated, the period of time and place; Cost (prices) of goods at the time the advertisement is distributed; additional terms of payment; delivery, exchange, return, repair and maintenance of the goods; warranty, service life, expiration date; exclusive rights to the results of intellectual activity and equivalent means of individualization of a legal person, individualization of products, work or services; rights to use public symbols (flags, crest, hymns) and symbols International organizations; official recognition, medals, prizes, diplomas and awards; provide information on how to purchase a complete product series if the product is part of the series; results of research and testing, scientific terms, quotations from technical, scientific and other publications; statistics that should not be presented in a way that exaggerate their validity; references to any recommendation or endorsement by a legal or natural person, including obsolete; uses the terms to an excellent degree, including by using the words "himself", "only", "absolute", "absolute", "only" and so on if they cannot be documented; comparisons with other goods (goods), as well as with the rights and position of other legal or natural persons; references to any consumer of the advertised goods; actual size of the demand for the product; information about the advertiser itself. Untrusted advertising is not allowed. Article 8. Unethical advertising 1. Unethical is the advertisement which: contains text, visual, sound information that violates the generally accepted standards of humanity and morality by using offensive words, comparisons, images of race, nationality, The profession, social category, age group, sex, language, religious, philosophical, political and other beliefs of individuals; defaming the objects of art that make up a national or world cultural heritage; defaming state symbols (flags, crest, anthem), national the currency of the Russian Federation or another State, religious symbols; defaming a natural or legal person, any activity, profession, product. Unethical advertising is not allowed. 2. A natural or legal person who has become aware of the production or distribution of an advertisement containing information defaming his honour, dignity or business reputation has the right to seek redress of the violated rights to the court or to the court, respectively. The arbitral tribunal is in the procedure provided for in the legislation of the Russian Federation and also has the right to require the advertiser to refute such advertisements in the same way as it was distributed if the advertiser does not comply with this requirement. voluntary. Article 9. A false advertisement The false advertisement is the advertisement by which the advertiser (advertising producer, advertiser) intentionally misleading the consumer of advertising. False advertising is not allowed. Article 10. Hidden advertisements Use in radio, television, video, audio and film products, as well as in other products and other means of hidden advertising, that is advertising, which is not understood by the consumer The perception, including through the use of special video rates (double sound recordings) and other means, is not permitted. Article 11. Radio and TV features 1. Radio and television programmes are not allowed to interrupt advertising and combine advertising, including advertisements in the form of overlays, including the way of "ticker": children, educational and religious broadcasts; radio signals and feature films without the consent of rights holders; live broadcasts listed by the Federal Act on the procedure for reporting on the activities of public authorities in public media "; other transfers, The duration of the broadcast is less than 15 minutes. Other broadcasts, which are longer than 15 minutes, as well as radio spots and feature films cannot be combined with advertisements more times than every 15 minutes, or may be interrupted as many times as possible 15-minute periods include these broadcasts, radio signals and feature films. When the advertisement is broadcast, the sound cannot be louder than the sound of the broadcast program. (The revision of Federal Law from 14.12.2001 N 162-FZ) 2. When using an advertisement in the form of overlays, including the method of "ticker", it should not exceed seven per cent of the frame area. 3. The distribution of the same advertisement for the same product or advertisement for the advertiser should not be extended more than twice the total duration of no more than 2 minutes during the radio and television broadcasting time on the radio and television programmes. one frequency. (In the wording of Federal Act No. N 162-FZ) 4. In radio and television programmes not registered as specialized in communications and advertising materials, advertising should not exceed 20 per cent of the airtime. (In the wording of Federal Act No. N 162-FZ) Article 12. Advertiaterials in the periodic printed editions In periodicals that do not specialize in messages and advertising materials, advertising should not exceed 40% of the volume of one number of the press. Article 13. Features of the movie and video advertising, Help 1. The advertisement of the film, except for breaks between series (parts), is not allowed in film and video services. 2. In the reference telephone service, advertising may be provided only after the help message (reference) requested by the caller. 3. In the case of a paid reference telephone, computer and other services, advertising may be provided only with the consent of the subscriber. The cost of such advertising should not be included in the value of the inquiry requested by the subscriber. Article 14. Features of outdoor advertising 1. The distribution of advertisements in urban, rural and other areas may be carried out in the form of posters, stands, light tables, other technical means of stable territorial placement (outdoor advertising) in the manner provided for in the Convention. 2 and 3 of this article. External advertising should not resemblence road signs and signs, degrade their visibility, and reduce traffic safety. 2. The distribution of external advertising is permitted if a permit is granted by the local government of a settlement or an urban district, as agreed by: (In the wording of Federal Law from 22.08.2004. N 122-FZ) by the appropriate road authority, as well as with the police authority mandated to carry out monitoring, oversight and authorization functions in the field of security Road traffic, -in the lane and road zone of roads outside the territories of urban and rural settlements; (In the wording of federal laws August 18, 2001 N 76-FZ; of 22.08.2004 N 122-FZ ) Police body mandated to carry out monitoring, oversight and authorization functions in the field of road safety, in urban and rural areas class="ed"> settlements; (In the wording of federal laws of 18 June 2001) N 76-FZ; of 22.08.2004 N 122-FZ ) by the appropriate railway control authority, in the railway track. For issuing permits for the distribution of external advertising, a state duty is paid in the amount and order established by the laws of the Russian Federation on taxes and charges. (In the wording of the Federal Law of 02.11.2004, N127F) 3. Distribution of outdoor advertising by means of installation on the territory (including in the territories of monuments of culture, ritual objects, protected natural complexes), building, building and other facilities, as well as determination of the size and order of payment The distribution of these advertisements shall be carried out on the basis of a contract with the owner, or with a person having a proprietary right to property, unless the law or the treaty otherwise provides for a person with proprietary rights to property, and the authorization required by paragraph 2 of this article. Article 15. { \field { \field { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \field } { \cs6\f1\cf6\lang1024 The distribution of advertisements on vehicles is carried out on the basis of contracts with owners of vehicles or with persons having proprietary rights to vehicles, unless otherwise provided for in the law or in the treaty Persons with a proprietary right to such property. The restrictions and prohibitions on the circulation of advertisements on vehicles for the purpose of safety of traffic shall be determined by the authorized bodies responsible for the control of traffic safety. 2. The distribution of advertisements on postal items is subject to the authorization of the federal executive authority authorized in the field of communications. The authorization procedure shall be determined by the said authority. (In the wording of the Federal Law of 02.11.2004, N 127-FZ) Article 16. Features of the advertising of individual products 1. The advertising of alcoholic beverages, tobacco and tobacco products, distributed by any means, should not: contain a demonstration of smoking and alcohol consumption, and should not give the impression that consumption Alcohol or smoking is essential to the achievement of social, sporting or personal success or to improve physical or mental health; discredit abstinence from alcohol consumption or smoking, Contain information on positive therapeutic properties of alcohol, Tobacco and tobacco products and their high content in the product as dignity; to treat minors directly, as well as to use images of natural persons up to the age of 35, expressions or participation of persons, are popular among minors and persons under the age of 21; to be distributed in radio and television programmes from 7 to 22 hours of local time; to be distributed in any form in radio and television broadcasts, in the case of cinema and Video services, printed publications for minors; spread on the first and last pages of newspapers, as well as on the first and last pages and magazines; spread in children's, educational, medical, sports, cultural organizations, as well as closer than 100 metres from them. The promotion of tobacco and tobacco advertising should always be accompanied by a warning of the harm of smoking, and in radio and television programmes the warning must be given at least three seconds of airtime, in advertising in other ways-not less than five percent of advertising space (space). 1-1. It should not: contain information that their consumption is important for the achievement of social, sports or other forms of beer, which is distributed by any means personal success or improvement of physical or mental condition; contain information that their consumption is one way to satisfy the thirst; contain information about their harmfulness and (or) positive Therapeutic properties; use images of people and in animals; distributed in any form in radio and television programmes, film and video services, in printed publications for minors; distributed in children's, educational, medical, health and health resorts, recreational, sports and cultural organizations, as well as more than 100 metres from them; distributed in radio and television programmes from 7 to 22 hours of local time; films; discredit abstinence from use; distributed in the first and last pages of newspapers, as well as on the first and last pages and magazines; Special-based environment, education, health. In all cases, the promotion of beer and beverage advertising should be accompanied by a warning of possible harm to their use, and should not be allowed in radio and television programmes less than ten percent of the airtime of each such advertisement, in other ways, at least ten percent of advertising space (space). dated 20.08.2004. N 115-FZ 2. Advertising of medicines, medical devices, medical equipment in the absence of authorization to manufacture them and (or) realization, as well as advertising of methods of treatment, prevention, diagnosis, rehabilitation in the absence of permission to provide Such services, issued by the Federal Executive in the field of health care, are not permitted, including in the case of patents for inventions in this area. Advertising of prescription drugs as well as advertisements for medical products and medical equipment required for special training shall be subject to the requirements laid down in the first paragraph of this paragraph, only in printed publications intended for medical and pharmaceutical workers. 3. All types of weapons, weapons and military equipment are not allowed, except for the advertising of military and service weapons, weapons and military equipment, made in the list of military products, which are exported and imported in the Russian Federation. are licensed, as well as authorized civilian weapons, including hunting and sport. It is not permitted to advert permitted civilian weapons, armaments and military equipment registered in the list of military products whose export and import is licensed in the Russian Federation, if the advertisement is directly or indirectly reveals the technology of production, the means of combat and special use of weapons, weapons and military equipment. The distribution of advertising of authorized civilian weapons, including hunting and sport, is permitted only in periodicals specializing in advertising, as well as in other periodicals Publications intended for users of authorized civilian weapons and in places where hunting and sport weapons are used. The promotion of authorized civilian weapons in the electronic media is permitted only after 22 hours of local time. Advertising of military and service weapons, as well as weapons and military equipment contributed to the list of military products exported and imported to the Russian Federation by licenses, is permitted only in publications, of the Russian Federation's "Weapons", as well as at specialized exhibitions or at fair sales fairs held in the order, by the Government of the Russian Federation. Article 16-1. Advertigacy considerations for organization and conduct of gambling and (or) bet 1. The promotion of advertising about the organization and conduct of gambling and (or) bet, including advertisements of gambling establishments, is permitted only: in radio and television programmes from 22 to 7 hours of local time; in buildings, Construction and facilities where gambling and (or) bet are conducted, with the exception of railway stations, airport rooms, metro stations, where distribution and placement of such advertisements are not allowed; Publications of the advertising press, as well as in specialized periodics Print publications intended for the employees of gambling establishments and (or) for persons involved in gambling and (or) wager. 2. Advertising about gambling and (or) wager, including advertising of gambling institutions, should not: create the impression that participation in gambling and (or) bet is important for the achievement of public or personal Success or can help solve property problems; discredit those who are not gambling and (or) wager; give the impression that the gains are guaranteed or are likely to be high; keep silent about the special conditions or limitations of gambling and (or) bet, or on the conditions of payment of winnings, if such conditions or restrictions are established; to treat minors directly, to use images of persons and animals, and to be distributed in any form in radio and television programmes, in Publications for minors. 3. The requirements of this article do not apply to promotional lottery and public lottery sales. (Article padded-Federal law dated 21.07.2005 N 113-FZ) Article 17. { \cs6\f1\cf6\lang1024 } Insurance, insurance, and security { \cs6\f1\cf6\lang1024 } { \b } } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } Legal and natural persons, as well as securities are not allowed: to produce quantitative information not directly related to advertised services or securities; To guarantee the dividend payment for ordinary shares; [ [ advertising securities]] before registering the securities prospect; to represent any kind of guarantee, promise or assumption of future performance (profitability) of activities, including through the declaration of currency appreciation The value of the security; do not cover at least one of the terms of the contract if the terms of the contract are reported in the advertisement. Article 18. Social advertising 1. Social advertising represents public and public interest and aims to achieve charitable purposes. Social advertising should not mention commercial organizations and individual entrepreneurs, as well as specific brands (models, SKUs) of their products, as well as stamps (models, SKUs) of products that result The entrepreneurial activity of non-profit organizations. 2. Donation of activities of legal entities and individuals for the production and distribution of social advertising, transfer of their property, including funds, other legal and physical persons for production and The dissemination of social advertising is recognized as charitable work and enjoys the benefits provided by the law. 3. Advertisers-Media organizations are obliged to carry out the social advertisement submitted by the advertiser, within five per cent of the airtime (main printing area) per year used in the range, of the Russian legislation on advertising. Redistributors, other than media organizations, are obliged to place social advertising within five per cent of the annual cost of their advertising services. Reclammakers are obliged to provide social advertising services within five percent of annual advertising production. Conditions relating to the time of placement and means of distribution of social advertising proposed by the advertiser are mandatory for the advertiser if the advertiser addresses the advertiser at the latest A month before the expected date of distribution of social advertising. The payment for the production, placement and distribution of social advertising is made on the basis of the contract. In case of exceeding orders for production, placing and distribution of social advertising over the limits of advertising time, the main printed area, production, distribution and distribution and in the case of disputes, the order of production, placement and distribution of social advertising shall be determined in the order of receipt by the advertiser and advertising promotion of the advertisers. 4. Advertists and distributors who prevent the production, placement and distribution of social advertising within the limits established by paragraph 3 of this article shall not be permitted. In the event of such action, they must be appealed to the court in accordance with the established procedure. Article 19. Sponsorship Sponsorship for the purposes of this Federal Act is understood to be the exercise by a legal or natural person (s) of contribution (in the form of property, intellectual property, service delivery, The work of another legal or natural person (sponsored) on the basis of the distribution of sponsored advertising about the sponsor, its products. Sponsorship is recognized as a fee for advertising, and sponsored by the sponsor and the advertiser, respectively. The Sponsor may not interfere with sponsored activities. Article 20. Protection of minors in production, placement and distribution of advertisements 1. In the production, placement and distribution of advertisements to protect minors against abuse and lack of experience, it is not possible to: discredit the authority of parents and caregiver, undermine trust in them minors; suggestion directly to minors to convince parents or other persons to acquire the products advertised; attracting the attention of minors to the fact that the possession of a product or other goods gives them an advantage over other minors, and also that the lack of these goods has the opposite effect; placement in advertising for textual, visual or sound information that shows minors in dangerous locations and situations; The use of goods by minors. In this case, if the product is shown or described, the advertisement must provide information about what is actually achievable for the minor age group for which the product is intended; The minor's unrealistic (distorted) view of the value (price) of the goods for the minor, in particular by the use of the words "only", "all" and so on, and by direct or indirect indication that the advertised product is available for any family budget. 2. Textual, visual or sound use of images of minors in advertisements that do not refer directly to the goods for minors are not permitted. Chapter III. RIGHTS AND RESPONSIBILITIES OF THE REGCLARITY, RECLAIMED AND RECLAIMANTS Article 21. Retention period for advertisements Advertiser, Advertiser and Promoter are obliged to keep records or copies thereof containing advertisements, including all subsequent modifications, within one year of the day Last distribution of advertisements. Article 22. Provision of advertising information for production and distribution of advertisement 1. Advertiser and advertising are entitled to demand and the advertiser is obliged to provide documentary evidence of the authenticity of the advertisement information. 2. If the advertiser is licensed, the advertiser is obliged to provide the advertisement for the advertisement, and the advertiser is obliged to demand the presentation of the advertiser and the advertiser the relevant license or its proper certified copy. Article 23. The obligation of the advertising producer to inform the advertiser about the circumstances that may lead to a violation of the legislation of the Russian Federation about advertising Advertiser is obliged Inform advertisers in a timely fashion that compliance with the requirements of the latter in the production of advertising may lead to violation of the legislation of the Russian Federation on advertising. If the advertiser, in spite of the timely and informed warning of the advertiser, does not change its demand for advertising, or does not submit a documentary confirmation at the request of the advertising manufacturer The reliability of the information provided for the production of advertising, or the circumstances that may render the advertisement inappropriate, the advertising producer has the right to terminate the contract and demand full reparation. damages, unless otherwise stipulated by the contract. Article 24. Providing information to the executive authorities Advertisers, advertisers and advertisers are required by federal executive authorities (their territorial bodies) to which they are entitled of the Permanent Mission of the Russian Federation to the United Nations to provide information to the President of the Security Council Implementation of the powers provided for in this Federal Act. Article 25. A public proposal for the conclusion of a contract in advertising 1. The effect of the recognition of advertising by an invitation to make an offer or a public offer (public offering of a contract in advertising) shall be determined in accordance with the civil law of the Russian Federation. 2. The advertiser is obliged to specify the period of validity as an advertisement, acting as an invitation to make offers, if any of the material conditions and advertising are reported in the advertisement as a public offer. 3. If the advertiser evades the conclusion of the contract upon receipt of an acceptance in the prescribed manner of the person to whom the public offer is addressed, the person is entitled to apply to the court, the arbitral tribunal with the requirements for the conclusion of the contract and the award of compensation damages caused by the unjustified refusal of the advertiser from the conclusion of the contract. CHAPTER IV. STATE CONTROL AND SELF-SETTLEMENT IN THE FIELD OF RECLAUSE Article 26. The authority of the Federal Antimonopoly of the State Control Authority in the advertising area 1. The Federal Antimonopoly Authority (its territorial bodies) shall exercise, within its competence, State control over the observance of the legislation of the Russian Federation on advertising. This body (its territorial bodies): warns and prevents improper advertising by legal entities and individuals; directs advertisers, advertisers and advertisers OF THE PRESIDENT OF THE RUSSIAN FEDERATION Suspension or early cancellation of a licence (a) Implementation of the relevant activity; referred to the procuratorial authorities, other law enforcement agencies on the basis of jurisdiction to decide whether to institute criminal proceedings on the grounds of crime in the area Advertials. 2. The Federal Antimonopoly Authority (its territorial bodies) has the right to bring suits before the courts, arbitration courts, including in the interests of an indefinite number of consumers of advertising, in connection with the infringement of advertisers, advertisers and Advertiers of Russian Federation's legislation on advertising and recognition of invalid transactions involving improper advertising. 3. The Federal Antimonopoly Authority and its territorial bodies are exempted from payment of State duties in bringing suits before the courts. 4. In accordance with the legislation of the Russian Federation, the federal executive authorities, in accordance with the legislation of the Russian Federation, shall have the right to conclude, within the limits of their competence, the function of protecting the rights of consumers and combating unfair competition. advertisers, advertisers and advertisers to the agreement on their compliance with the rules and customs of advertising practices. Article 27. The right of access to information 1. Employees of the Federal Antimonopoly Authority (its territorial bodies) in order to fulfill the functions assigned to this body in monitoring compliance with the legislation of the Russian Federation on advertising have the right to unimpeded access to all persons. the necessary documents and other materials of advertisers, advertising and advertising distributors. 2. The information constituting the trade secret and obtained by the persons referred to in paragraph 1 of this article shall not be disclosed. In case of disclosure of information that constitutes a commercial secret, the damages shall be compensated by the Federal Antimonopoly Authority (its territorial body) in accordance with the procedure established by law. 3. The persons referred to in paragraph 1 of this article shall be admitted to the organization carrying out activities related to the use of information constituting a State secret in accordance with the procedure established by the legislation of the Russian Federation. Article 28. Rights of self-regulatory bodies in advertising 1. Self-regulatory bodies in the field of advertising-public organizations (associations), associations and unions of legal entities: are involved in the development of advertising requirements, including draft laws and other regulatory legal instruments acts; conduct an independent examination of the advertisement to determine its compliance with the requirements of the Russian Federation's legislation on advertising and make recommendations to advertisers, advertisers and Advertidisseminators; attractors The antimonopoly authority (its territorial bodies) in the exercise of control over the observance of the legislation of the Russian Federation on advertising; sent materials to the procuratorial bodies and referred the matter to the federal executive authorities. The authorities in connection with the violation of the legislation of the Russian Federation on advertising. 2. Self-regulatory authorities in the field of advertising have the right to bring suits before the courts, the arbitral tribunal in the interest of the consumers of advertising, including the undetermined circle of consumers of advertising, in the event of violation of their rights OF THE PRESIDENT OF THE RUSSIAN FEDERATION When resolving an action against an unspecified number of consumers of advertising, the court or arbitral tribunal commits the offender to bring the decision of the court or arbitral tribunal to the attention of the said consumers through the mass media. information or other means within the time limit set by them. Chapter V. CONTRACT AND RESPONSIBILITY USE OF TRANSMITTING THE RIVER Article 29. Counteradvertising 1. In the event of a violation of the Russian Federation's legislation on advertising, the offender is obliged to carry out a counter-advertisement within the time limit set by the Federal Antimonopoly Body (its territorial body) that made the decision on implementation Counter-advertising. At the same time, the perpetrator bears the costs of the counter-advertisement in full. 2.(Unused-Federal Law of 09.05.2005 N 45 FZ 3. Counter-advertising is carried out by means of the same means of distribution, using the same characteristics of the duration, space, place and order that the improper advertising has been denied. The content of the counter-advertising is coordinated with the Federal Antimonopoly Body (its territorial body), which established the fact of the violation and took the appropriate decision to fix it. In some cases, by a decision of the Federal Antimonopoly Authority (its territorial body), which has decided to conduct a counter-advertising, it is permissible to replace the means of distribution, the characteristics of the duration, the space, of the place and order of the counter-advertising. Article 30. The liability of the advertiser, Advertiser and Advertiser Advertiser is responsible for violation of the legislation of the Russian Federation on advertising in terms of the content of information provided for The creation of an advertisement, unless it is proved that the infringement took place due to the fault of the advertising producer or the advertising distributor. Reclamation is responsible for violation of the legislation of the Russian Federation on advertising in decoration, production and preparation of advertising. The Promoter is responsible for violation of the legislation of the Russian Federation on advertising in terms of time, place and means of advertising. Article 31. Liability for violation of the legislation of the Russian Federation on Advertigo 1. Legal entities or citizens (advertisers, advertisers and advertisers) for violation of the Russian Federation's legislation on advertising have a civil liability in accordance with the legislation of the Russian Federation. Persons whose rights and interests are violated as a result of improper advertising are entitled to apply to a court of law, an arbitral tribunal, including claims for damages, including loss of profits, compensation for damages, of health and property, compensation for moral damage, public denial of improper advertising. The plaintils ' claims for damages caused by improper advertising of health, property, honour, dignity and business reputation are exempt from the payment of State duty. 2.(Paragraph was first lost-Federal Law of 30.12.2001) N 196-FZ ) Inappropriate advertising done repeatedly during the year after the imposition of an administrative penalty for the same acts entails criminal liability in accordance with the legislation of the Russian Federation. A false advertisement intended to profit (income) and causes significant damage to public or public interests, or the rights and interests of citizens protected by law, has criminal liability in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3.(Paragraph was first lost-Federal Law of 30.12.2001) N 196-F) The amounts of fines paid for violations of advertising legislation are credited to the respective budgets in the following ratio: (In the wording of Federal Law dated 30.12.2001 N196-FZ) 40%-to the federal budget; 60%-to the budget of the subject of the Russian Federation, in whose territory a legal person or an individual advertiser is registered, Advertist or advertising distributor. (Paragraph 5 is no more effective-Federal Law of 30.12.2001 N 196-FZ) The payment of the fine does not exempt the advertiser, the advertising producer or the advertiser from executing the order to stop the violation of the Russian Federation's legislation on advertising or the enforcement of the decision the implementation of counter-advertising. 4. Advertisers, advertisers or advertisers have the right to appeal to a court, an arbitration court with an application to declare invalid, in whole or in part, the requirements or decisions of the Federal Antimonopoly Authority (its territorial entity). OF THE PRESIDENT OF THE RUSSIAN FEDERATION The application does not suspend the enforcement of the order or the decision of the Federal Antimonopoly Authority (its territorial body) unless the court or arbitral tribunal has issued a ruling on the suspension. the execution of the said acts. Chapter VI: FINAL PROVISIONS Article 32. The international treaties of the Russian Federation in the field of advertising If an international treaty of the Russian Federation establishes different rules on advertising than those provided for by this Federal Law, then apply the rules of the international treaty. Article 33. The enactment of this Federal Law 1. This law shall enter into force on the date of its official publication. 2. Article 16, paragraph 1, of this Federal Act concerning the advertising of alcoholic beverages, tobacco and tobacco products in television programmes has been cancelled as of 1 January 1996, and the advertising of these products in television programmes is not permitted from this point. 3. Invite the President of the Russian Federation to bring the normative legal acts into conformity with this Federal Law. 4. To instruct the Government of the Russian Federation: to prepare proposals to bring the legislative acts of the Russian Federation into conformity with this Federal Law; bring it into line with this Federal Act. OF THE PRESIDENT OF THE RUSSIAN FEDERATION President of the Russian Federation Yeltsin Moscow, Kremlin 18 July 1995 N 108-FZ