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Federal Law "On Advertising"

from 13.03.2006 N 38-FZ (as adopted by the State Duma on 22.02.2006) (current version)

  

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Chapter 1. General Provisions

Article 1. The objectives of this Federal Law
Article 2. Scope of this Federal Law
Article 3. The basic concepts used in this Federal Law
Article 4. Legislation of the Russian Federation on advertising
Article 5. General Requirements for Advertising
Article 6. Protection of minors in advertising
Article 7. Products, advertising which is not allowed
Article 8. Advertising of products for remote method of Sales
Article 9. Advertising on the conduct of enabling activities
Article 10. Social Advertising
Article 11. Validity of advertising, offer recognized
Article 12. The shelf life of promotional materials
Article 13. Provision of information to the advertiser

Chapter 2. Features separate ways of advertising

Article 14. Advertising in television programs and television
Article 15. Advertising in radio programs and radio broadcasts
Article 16. Advertising in print media
Article 17. Advertising, released in cinema and video
Article 18. Advertising and telecommunication networks for distributed
Article 19. Outdoor advertising structures and installation of
Article 20. Advertising on vehicles and their use

Chapter 3. Features of advertising of certain goods

Article 21. Advertising of alcoholic beverages
Article 22. Advertising of beer and beverages, manufactured on its basis
Article 23. Advertising of tobacco products and smoking accessories
Article 24. Advertising of medicines, medical equipment, medical products and medical services, including treatment
Article 25. Advertising of dietary supplements and nutritional supplements, infant foods
Article 26. Advertise with military products and weapons
Article 27. Advertising of gambling and betting
Article 28. Advertising of financial services
Article 29. Advertisement of securities
Article 30. Advertising services on contract rents, including the contract lifetime support of a dependent
Article 30.1. Advertising of mediators providing mediation

Chapter 4. Self-regulation in advertising

Article 31. Self-regulatory organizations in the field of advertising
Article 32. The rights of self-regulatory organization in the field of advertising

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

Article 33. The powers of the competition authority to exercise state supervision in advertising
Article 34. Provide information to the Antimonopoly Authority
Article 35. Duties of the competition authority to comply with commercial, service and other secrets protected by law
Article 35.1. Organization and carrying out inspections in the field of advertising
Article 36. The decisions and determinations of the antimonopoly authority on the review of cases filed for violation of Russian legislation on advertising
Article 37. Challenging decisions and directions of the antimonopoly authority
Article 38. Responsibility for violation of Russian legislation on advertising

Chapter 6. Final Provisions

Article 39. Entry into force of this Federal Law
Article 40. Regulation of relations in the field of advertising from the date of entry into force of this Federal Law

Chapter 3. ADVERTISING FEATURES OF CERTAIN TYPES OF GOODS

 
Article 21. Advertising of alcoholic beverages

1. Advertising of alcoholic beverages shall not:

1) contain a statement that the consumption of alcoholic beverages is important to achieve public recognition, professional, sporting or personal success or contributes to the improvement of physical or emotional condition;

2) to condemn abstinence from alcohol;

3) contain a statement that the alcoholic beverages is harmless or beneficial to human health;

4) contain a mention of the fact that drinking alcohol is one way to quench your thirst;

5) access to minors;

6) use images of minors.

2. Advertising of alcoholic beverages should not be posted:

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

2) intended for minors print, audio and video;

3) in television and radio programs, in cinema and video;

4) on all types of public transport vehicles;

5) with the use of technical means of stable spatial location (advertising structures), mounted and available on the roofs, exterior walls and other structural elements of buildings, structures or elsewhere;

6) in the children's, educational, medical, sanatorium, health, 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 , structures and facilities;

7) in health and fitness, sports facilities and at a distance closer than one hundred meters from such facilities.

3. Advertising of alcoholic beverages in each case must be accompanied by a warning about the dangers of excessive consumption, and such a warning should be given not less than ten per cent of advertising space (space).

4. Advertising campaigns involving distribution of samples of alcoholic beverages is permitted 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 to participate in the distribution of samples of alcoholic beverages is prohibited to involve minors, and they are prohibited from offering samples.

  

 

Article 22. Advertising of beer and beverages, manufactured on its basis

1. Advertising of beer and beverages, manufactured on its basis, must not:

1) contain a statement that the consumption of beer and beverages, manufactured on its basis, is important in order to achieve public recognition, professional, sporting or personal success or contributes to the improvement of physical or emotional condition;

2) to condemn abstinence from beer and beverages, manufactured on its basis;

3) contain a statement that the beer and beverages, manufactured on its basis, harmless or beneficial to health;

4) contain a mention of the fact that the consumption of beer and beverages, manufactured on its basis, is one way to quench your thirst;

5) access to minors;

6) use images of people and animals, including those made with the help of animation (animation).

2. Advertising of beer and beverages, manufactured on its basis, should not be posted:

1) in television programs, from 7 to 22 pm local time and radio programs from 9 am to 24 pm local time;

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

3) for cinema and video, from 7 am to 20 pm local time;

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

5) in the media, registered as specializing in environmental issues, education and health;

6) in the children's, educational, medical, sanatorium, health, 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 , structures and facilities;

7) in health and fitness, sports facilities and at a distance closer than one hundred meters from such facilities.

3. Advertising of beer and beverages, manufactured on its basis, in each case must be accompanied by a warning about the dangers of excessive consumption of beer and beverages, manufactured on its basis. In advertising, radio programs distributed in the duration of such notice shall be not less than three seconds in an advertisement disseminated in television and film and video - not less than five seconds, and such a warning should be given not less than seven percent of the frame , and in advertisements being distributed in other ways - not less than ten percent of the advertising space (space).

4. Advertising campaigns involving distribution of samples of beer and beverages, manufactured on its basis, organizations or places that are not allowed to retail sales of beer and beverages, manufactured on its basis, is prohibited. In carrying out advertising campaigns involving distribution of samples of beer and beverages, manufactured on its basis, in other organizations or places prohibited to attract minors to participate in the distribution of samples and to offer them such samples.

  

  

Article 23. Advertising of tobacco products and smoking accessories

1. Advertising of tobacco products and smoking accessories, including pipes, hookahs, cigarette papers, lighters and other similar goods, shall not:

1) contain a statement that smoking is essential to achieve public recognition, professional, sporting or personal success or contributes to the improvement of physical or emotional condition;

2) to condemn abstinence from smoking;

3) access to minors;

4) use images of minors.

2. Advertising of tobacco products and smoking accessories, including pipes, hookahs, cigarette papers, lighters and other similar items shall not be located:

1) in television and radio programs, in cinema and video;

2) intended for minors print, audio and video;

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

4) with the use of technical means of stable spatial location (advertising structures), mounted and available on the roofs, exterior walls and other structural elements of buildings, structures or elsewhere;

5) in all modes of public transport vehicles;

6) in the children's, educational, medical, sanatorium, health, 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 , structures and facilities;

7) in health and fitness, 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, with such a warning should be given not less than ten per cent of advertising space (advertising space).

4. Advertising campaigns involving distribution of samples of tobacco products, organizations or places that are not allowed to retail sales of such products or their particular species is prohibited. In carrying out advertising campaigns involving distribution of samples of tobacco products and smoking accessories are prohibited to attract minors to participate in their hand, and to offer them such samples.

  

Article 24. Advertising of medicines, medical equipment, medical products and medical services, including treatment

A. Advertising of medicines must not:

1) apply to minors;

2) contain references to specific cases cure diseases, improve the health of a person as a result of the object of advertising;

3) contain an expression of gratitude to individuals in connection with the object of advertising;

4) create a view on the benefits of advertising through the object reference to the fact of the studies required for state registration of advertising;

5) contain statements or suggestions about the presence of a consumer advertising of certain diseases or health problems;

6) promote the creation of a healthy person experiences the need to use the object of advertising;

7) to create the impression of unnecessary treatment to the doctor;

8) ensure that the positive effect the object of advertising, its safety, efficacy and lack of side effects;

9) to represent the object of advertising as a dietary supplement, food supplements or other non-drug product;

10) contain a statement that the security and (or) the effectiveness of the object of advertising is guaranteed by its natural origin.

2. The requirements of paragraph 6 of Part 1 of this Article shall not apply to advertising of medicines used to prevent disease.

3. The requirements of paragraph 1 of Part 1 of this Article shall also apply to advertising of medical services for abortion. The requirements of paragraphs 2 - 5 Part 1 of this Article shall also apply to the advertising of medical services, including advertising methods of treatment, diagnosis, prevention and rehabilitation.

(In the red. Federal Law of 17.12.2009 N 320-FZ)

(See the text in the previous edition)

4. The requirements of paragraphs 1 - 8 of Part 1 of this Article shall also apply to advertising of medical equipment.

5. The requirements of paragraphs 2 and 3 of Part 1 of this Article shall not apply to advertising, distributed in areas of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, as well as for medical and pharmaceutical workers specialized newspapers, and other advertising, consumers which is exclusively medical and pharmaceutical workers.

6. The message in advertising on the properties and characteristics, including on how to use and use of medicines and medical equipment is permitted only within the evidence contained in the duly approved instructions for use and use of objects such advertising.

7. Advertising of medicines, medical services, including treatment, medical equipment must be accompanied by a warning about the presence of contraindications to their use, and the need to review the instructions or consult a doctor. In advertising, radio programs distributed in the duration of such notice shall be not less than three seconds in an advertisement disseminated in television and film and video - not less than five seconds, and should be given not less than seven percent of the frame, and in advertisements being distributed in other ways - not less than five per cent of advertising space (advertising space). The requirements of this part do not apply to advertising, distributed in areas of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, as well as for medical and pharmaceutical workers specialized newspapers, and other advertising, which consumers are exclusively medical and pharmaceutical workers.

8. Advertising of medicines in forms and dosages of prescription doctors, treatment options, as well as medical products and medical equipment for the use of which requires special training, is not allowed except in the areas of medical or pharmaceutical exhibitions, seminars, conferences and other similar activities and for medical and pharmaceutical workers specialized publications.

9. Advertising of medicinal products containing permitted for use for medical purposes of narcotic drugs or psychotropic substances included in the list of narcotic drugs and psychotropic substances, trafficking in the Russian Federation which is limited and for which control measures are installed in accordance with Russian law and international treaties of the Russian Federation and the list of psychotropic substances, trafficking in the Russian Federation which is limited in respect of which permitted the exclusion of certain control measures in accordance with Russian law and international treaties of the Russian Federation, is prohibited, except for the advertising of medicines in the field of medical or pharmaceutical exhibitions, seminars , conferences and other similar events, and for medical and pharmaceutical workers specialized publications.

10. Advertising campaigns involving distribution of samples of medicinal products containing narcotic drugs and psychotropic substances is prohibited.

11. Advertising of medical services for abortion should not be posted:

(In the red. Federal Law of 11.07.2011 N 202-FZ)

(See the text in the previous edition)

1) intended for minors print, audio and video;

2) on the first and last pages of newspapers, as well as on the first and last pages and magazine covers;

3) in television and radio programs, in cinema and video;

4) on all types of public transport vehicles and transport infrastructure (railway stations, airports, subway stations and other similar objects);

5) with the use of technical means of stable spatial location (advertising structures), mounted and available on the roofs, exterior walls and other structural elements of buildings, structures or elsewhere;

6) in children, education, health resorts, health organizations, theaters, circuses, museums, houses and palaces of culture, concert and exhibition halls, libraries, lecture halls, a planetarium, a health and fitness, sports facilities and at a distance closer than one hundred meters them from their buildings, structures and facilities.

(Part of the eleventh in the red. Federal Law of 17.12.2009 N 320-FZ)

(See the text in the previous edition)

12. Advertising of medical services for abortion to be accompanied by a warning about the possibility of infertility and other harmful effects on women's health as a result of abortion, with such a warning should be given not less than ten per cent of advertising space (space). Advertising of medical services for abortion should not contain a statement about the safety of such medical services.

(Part 12 was introduced by Federal law from 11.07.2011 N 202-FZ)

  

 
Article 25. Advertising of dietary supplements and nutritional supplements, infant foods

1. Advertising supplements and food additives shall not:

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

2) contain references to specific instances of healing people, improving their condition as a result of these additives;

3) contain an expression of gratitude to individuals in connection with the use of such additives;

4) encourage the abandonment of a healthy diet;

5) create an impression about the benefits of such supplements by reference to the fact that research, mandatory for state registration of such additives, and use the results of other studies in the form of direct advice to the use of such additives.

2. Advertising of baby foods should not represent them as full substitutes for breast milk and contain a statement about the benefits of artificial feeding of children. Advertising of products intended for use as substitutes for human milk and the products included in the diet of the child during its first year of life, should contain information about the age restrictions of such products and preventing the need for expert advice.

  

 

Article 26. Advertise with military products and weapons

1. Advertising is not allowed:

1) military products, except for the advertising of such products in order to implement the military-technical cooperation between the Russian Federation with foreign states;

2) Weapons are not specified in paragraphs 3 - 5 of this article.

2. Manufacturing, distribution and dissemination of advertisements of military products for the implementation of military-technical cooperation between the Russian Federation with foreign states in accordance with Russian legislation on military-technical cooperation of the Russian Federation.

3. Advertising service weapons and ammunition shall be allowed only in the press for the users of such weapons, in places of production, distribution and exhibition of such weapons, as well as in areas designated for firing a weapon.

4. Advertise fighting hand-held firearms, ammunition, edged weapons allowed in the press, in the places of production, sale and display of such weapons, as well as in areas designated for firing a weapon.

5. Advertise with civilian weapons, including weapons of self-defense, sports, hunting and signal arms is allowed:

1) in the print media, on the cover and in the output of which provides information about the specialization of these publications in communications and advertising materials, as well as in the press for users of civilian weapons;

2) in the field of production, sale and display of such weapons, as well as in areas designated for firing a weapon;

3) in television and radio programs from 22 to 7:00 local time.

6. Advertising and promotion of weapons of military products, distributed in accordance with the laws of the Russian Federation on military-technical cooperation of the Russian Federation, shall not:

1) directly or indirectly disclose information constituting state secrets, including information relating to the production technology, methods of combat and other use of these weapons;

2) access to minors;

3) use images of minors.

  

  

Article 27. Advertising of gambling and betting

A. Advertising of gambling and betting shall not:

1) apply to minors;

2) create the impression that the participation in games of chance and betting is a way of earning or receiving any other income or other means of livelihood;

3) contain statements that exaggerate the probability of winning or underestimate the degree of risk;

4) provide evidence of the receipt of prizes by persons who are recognized as winners in accordance with the terms of gambling, betting, but the winnings have not received;

5) contain a statement that the participation in games of chance and betting is essential to achieve public recognition, professional, sporting or personal success;

6) condemn the non-participation in risk-based gaming and betting;

7) create the impression that getting a win is guaranteed;

8) to use images of people and animals.

2. Advertising of gambling, betting is permitted only:

1) in television and radio programs from 22 to 7:00 local time;

2) in buildings, structures, constructions, which held the games, betting, except for transport infrastructure (railway stations, airports, subway stations and other similar objects);

3) in the print media, on the cover and in the output of which provides information about the specialization of these publications in communications and advertising materials, as well as in periodicals intended for employees of the organizer of games of chance and (or) of the participants of these games that are in the boundaries of gaming zones established in accordance with the Federal Law of 29 December 2006 N 244-FZ "On state regulation of activities of the organization and conduct of games of chance and amending certain legislative acts of the Russian Federation."

(In the red. Federal Law of 13.05.2008 N 70-FZ)

(See the text in the previous edition)

3. The requirements of Parts 1 and 2 shall apply accordingly to the advertising of casino games, gambling related advertising services and advertising of gambling establishments, including advertising places of delivery of gambling related services. The requirements of paragraph 8 of Part 1, paragraphs 1 and 2 of Part 2 of this Article shall not apply to advertising of casino games, gambling related advertising services, advertising, gaming establishments, including advertising places of delivery of gambling related services, and advertising gambling, distributed exclusively among persons who are within the boundaries of gaming zones established in accordance with specified in paragraph 3 of Part 2 of this Article by Federal law.

(Part three in the red. Federal Law of 13.05.2008 N 70-FZ)

(See the text in the previous edition)

4. The requirements of paragraph 8 of Part 1 and Part 2 of this Article shall not apply to advertising of lotteries, including stimulating lotteries.

5. Advertising of gambling and betting should contain:

1) an indication of the possible prize draw in the process of conducting risk-based gaming and betting;

(In the red. Federal Law of 13.05.2008 N 70-FZ)

(See the text in the previous edition)

2) a source of information about the organizer of gambling, betting, rules of conduct, a prize fund of such games, bet on the number of prizes or winnings to date, place and manner of obtaining prizes or winnings.

 

 
Article 28. Advertising of financial services

1. Advertise with banking, insurance and other financial services must contain the name or the name of the person providing the service (for legal person - name, for an individual entrepreneur - name, first name).

2. Advertise with banking, insurance and other financial services must not:

1) provide guarantees or promises of future performance (return on investment), including those based on actual performance in the past, if such efficiency (return on investment) can not be determined at the time of the conclusion of the treaty;

2) remain silent about other conditions of service, affecting the amount of income that will use the services person, or the amount of expenses that will incur a person use the services, if the advertisement at least one of these conditions.

3. If advertising services associated with lending, usage and repayment of their loan, contains at least one condition that affects its value, such advertising must contain all other terms and conditions that determine the actual cost of the loan to the borrower and the impact on her.

4. Advertising services related to the implementation of management, including asset management, assets (including securities, investment reserves of equity investment funds, mutual funds, pension reserves, pension funds, pension savings, mortgage, savings for housing for military personnel) must contain the following:

1) a source of information to be disclosed in accordance with federal law;

2) information about the location or the address (phone number), where before the conclusion of the treaty interested persons may review the terms of asset management, to obtain information about the person who performs asset management, and other information to be provided in accordance with federal law and other normative legal acts of the Russian Federation.

5. Advertising services related to the implementation of management, including asset management, asset, shall not contain:

1) undocumented information if it is directly related to asset management;

2) the results of asset management, including their modification, or on the comparison of past and (or) at the moment is not based on calculations of return determined in accordance with the regulations of the federal executive authority in the field of financial markets and in the cases established by federal law - determined in accordance with the regulations of the Central Bank of Russian Federation;

3) information to assure reliability and stability of the potential investment income or the size of the possible costs associated with these investments;

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

5) The statement of the possibility of achieving results in the future management of assets, similar to the results achieved.

6. Advertising is not permitted, associated with the lure of money individuals for housing construction, except for advertising related to the lure of money under a contract of a joint construction, commercial housing and housing-construction cooperatives, advertising related to recruiting and using cumulative housing cooperatives funds of individuals for the purchase of premises.

7. Advertising relating to raising funds for the participants of shared construction of building (construction) of apartment buildings and (or) other real property, shall contain information on the location of the project and how to get a declaration under federal law.

8. Advertising relating to raising funds for the participants of shared construction of building (creating) a block of flats and (or) other property shall not be permitted prior to issuance in due course a building permit apartment buildings and (or) other property, publication in the media and (or) the placement of the information and telecommunications networks (including the network "Internet") project declaration, the state registration of ownership or lease rights to the land granted for the construction of (a) a block of flats and (or) an object real estate, consisting of objects which will be shared construction.

9. Advertising relating to raising funds for the participants of shared construction of building (creating) a block of flats and (or) other property is not permitted during the period of suspension in accordance with federal law of the builder associated with the lure of money the participants of shared construction for the building (a ) apartment building, and (or) other property.

10. The requirements of parts 7 - 9 of this Article shall also apply to advertising relating to the assignment of claims under a contract of a joint construction.

11. Advertising associated with the involvement and the use of cooperative housing accumulation funds of individuals for the purchase of residential premises shall contain the following:

1) information on how to meet the members of housing co-operative savings incurred losses;

2) information on the inclusion of housing co-operative savings in the register of storage housing cooperatives;

3) the site address in the information and telecommunications network (including the network "Internet") by which the disclosure is funded housing cooperative.

12. The advertisement, related to attraction and use of cooperative housing accumulation funds of individuals for the purchase of premises is not permitted to guarantee the terms of the acquisition or construction of such a cooperative dwellings.

 

 

Article 29. Advertisement of securities

1. Do not promote securities, which offer the general public is not provided by federal laws and regulations of the Russian Federation.

2. Do not promote property rights, are not certified by the securities under the guise of advertising of securities.

3. Advertisement of securities shall contain information on individuals that have committed to the advertised securities.

4. Advertisement of securities shall contain:

1) The name of the issuer;

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

5. Advertisement of securities must not contain:

1) a promise of payment of dividends on the shares, as well as income from other securities, except for income, which provides for payment of duty to the decision to issue or issue additional equity securities, the rules of trust management of mutual funds and asset management rules, or mortgage-backed securities recorded in the Litigation;

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

6. Advertisement of securities is not permitted prior to the registration of their prospectus, except if in accordance with federal law for a public offering or a public trading of securities registration exercise their prospectus is not required.

7. Advertising savings certificates, investment units of mutual funds and mortgage participation certificates also apply to the requirements of Article 28 hereof.

In accordance with Federal Law of 21.11.2011 N 327-FZ of January 1, 2013 in Part 8 of Article 29 of the word "stock" will be excluded.

8. Advertising is not allowed to exchange the bonds prior to their admission to trading on the stock exchange during the placement of exchange bonds.

(Part of the eighth put the Federal Law of 09.02.2007 N 18-FZ)

  

  

Article 30. Advertising services on contract rents, including the contract lifetime support of a dependent

1. Advertising services on contract rents, including contract maintenance of a dependent for life, shall not contain:

1) the expression of gratitude to individuals who have made such contracts;

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

3) The conviction of family members and close relatives of a potential consumer of such services, allegedly did not care about it;

4) The mention of gifts to individuals who have decided to conclude a contract with the advertiser of rent or any other person.

2. If the advertiser is a mediator in contract rents, including contract maintenance of a dependent for life, advertising services on the conclusion of such agreements shall contain a reference to the fact that the payer of rent under such contracts will be another person.

  

  

Article 30.1. Advertising of mediators providing mediation

(The federal law from 27.07.2010 N 194-FZ)

1. Advertising of mediators for the mediation, did not pass the appropriate training and have no supporting documents such instruction issued related non-profit organization that provides trained mediators are not allowed.

2. Advertising of mediators for the mediation shall contain information about the documents confirming the passage of the appropriate mediator training, and advertising activities of the organization carrying out activities to ensure that mediation - a source of information about the organization approved the rules of the mediation procedure, standards and rules of professional of mediators.

3. Advertising of mediators for the mediation should not contain a statement that the use of mediation as a method of dispute resolution is superior to a resolution of the dispute in court, arbitration court or arbitration.

  

  

Chapter 4. SELF-REGULATION IN ADVERTISING

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

Self-regulatory organization in the field of advertising is recognized association of advertisers, advertisement, advertisement 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, making ethical demands in the advertising and monitoring their implementation.

  

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

Self-regulatory organization in the field of advertising has the right:

1) represent the legitimate interests of the members of the self-regulatory organization in their dealings with federal authorities, state authorities of the Russian Federation, local self-government;

2) participate in the competition authority of cases filed for violation of SRO members of the Russian legislation on advertising;

3) appeal to the tribunal legal acts of federal bodies of state power, normative legal acts of public authorities of the Russian Federation, normative legal acts of local self-government;

4) apply to members of the self-regulatory organization established by the constituent documents, and other self-regulatory organization of penalties, including exclusion from the members of the self-regulatory organization;

5) develop, establish and publish mandatory for all members of the self-regulatory organization rules of professional activities in the field of advertising;

6) monitor the professional activities of members of the self-regulatory organization in terms of compliance with this federal law and rules of professional activities in the field of advertising, including claims of professional ethics;

7) deal with complaints against members of self-regulatory organization;

8) develop and establish requirements for persons wishing to engage in self-regulatory organization;

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

10) maintains the register of persons who are members of the self-regulatory organization.

Chapter 5. STATE SUPERVISION IN ADVERTISING AND LIABILITY FOR VIOLATION OF THE LAW OF THE RUSSIAN FEDERATION ON ADVERTISING

(In the red. Federal Law of 18.07.2011 N 242-FZ)

(See the text in the previous edition)

  

 

Article 33. The powers of the competition authority to exercise state supervision in advertising

(In the red. Federal Law of 18.07.2011 N 242-FZ)

(See the text in the previous edition)

1. The antimonopoly body shall exercise their authority within the state supervision over compliance with the legislation of the Russian Federation on advertising, including:

(In the red. Federal Law of 18.07.2011 N 242-FZ)

(See the text in the previous edition)

1) prevents, detects, and prevents violations by persons or entities of the Russian Federation legislation on advertising;

2) initiates and examines cases of violation of legislation on the grounds of the Russian Federation on advertising.

2. The antimonopoly authority has the right to:

1) to give advertisers, advertisement, advertisement distributor binding orders to stop violating the laws of the Russian Federation on advertising;

2) the issuance of federal executive bodies, executive bodies of subjects of the Russian Federation, local self-government mandatory orders to repeal or amend acts issued by them, and contrary to the laws of the Russian Federation on advertising;

3) submit to a court or tribunal proceedings on the prohibition of advertising, carried out in violation of Russian legislation on advertising;

4) submit to a court or tribunal proceedings of a public retraction of false advertising (counter-advertisement) in the case provided for by paragraph 3 of Article 38 hereof;

5) apply to the arbitration court to declare null and void in whole or in part contrary to the laws of the Russian Federation on advertising non-normative acts of federal executive bodies, non-normative acts of executive bodies of subjects of the Russian Federation, non-normative acts of local self-government;

6) apply to the arbitration court to declare invalid in whole or in part contrary to the laws of the Russian Federation on advertising regulations of the federal bodies of executive power, legal acts of the executive authorities of the Russian Federation, normative legal acts of local self-government;

7) to apply penalties in accordance with the laws of the Russian Federation on Administrative Violations;

8) apply to the arbitration court to declare invalid permit for the installation of advertising design in the case stipulated by paragraph 1 of Part 20 of Article 19 hereof;

9) to give local authorities of the municipal area or local government municipal district binding instructions to cancel permits for the installation of advertising design;

(Paragraph 9 was introduced by Federal law from 21.07.2007 N 193-FZ)

10) issue instructions to terminate the service contract for the dissemination of television commercials, made in violation of parts 3.1 and 3.3 of Article 14 hereof;

(Section 10, introduced the Federal Law of 27.12.2009 N 354-FZ)

11) organize and carry out verification of the requirements of RF legislation on advertising of public authorities, local governments, advertisers, advertisement producers and advertisement (hereinafter - legal entities and individual entrepreneurs).

(Clause 11 was introduced by Federal law from 18.07.2011 N 242-FZ)

3. Officials of the antimonopoly authority exercising state supervision in the field of advertising, in accordance with the powers vested in them shall have the right freely to the presentation of the business card and a copy of the order (orders) of the head (deputy head) of the antimonopoly authority on inspection visit of the building, premises used by legal entities , individual entrepreneurs, in order to conduct monitoring activities, obtaining documents and information required during inspection.

(Part 3 of federal law from 18.07.2011 N 242-FZ)

  

 

 Article 34. Provide information to the Antimonopoly Authority

1. Legal persons, individual entrepreneurs are required to submit to the antimonopoly agency (its officials) in his well-reasoned request in due time the necessary documents, materials, explanations and information in writing and (or) orally (including information constituting commercial, official and otherwise protected by law), including official correspondence in electronic form, as well as to provide the authorized officials of the competition authority to access such information.

(Part 1 as amended. Federal Law of 18.07.2011 N 242-FZ)

(See the text in the previous edition)

Two. Failure to comply with the requirements of Part 1 of this article shall entail the responsibility of the perpetrators in accordance with the laws of the Russian Federation on Administrative Violations.

  

 

Article 35. Duties of the competition authority to comply with commercial, service and other secrets protected by law

1. The information constituting commercial, official or other secrets protected by law and the resulting competition authority in the exercise of its powers, not subject to disclosure, except for cases stipulated by federal law.

2. Disclosure of the staff of the antimonopoly body of information constituting commercial, official or other secrets protected by law, shall entail responsibility in accordance with the laws of the Russian Federation on administrative offenses and criminal laws of the Russian Federation. The losses caused by such disclosure, shall be reimbursed in accordance with civil law.

  

  

Article 35.1. Organization and carrying out inspections in the field of advertising

(The federal law from 18.07.2011 N 242-FZ)

1. State supervision in the field of advertising carried in the manner prescribed by the Government of the Russian Federation.

2. By the relations connected with organizing and conducting inspections of legal entities and individual entrepreneurs in the exercise of state supervision in the field of advertising, the provisions of the Federal Law of December 26, 2008 N 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the exercise of state control (supervision ) and Municipal Control 'allowing for the organization and conduct audits of installed units 3 - 6 of this article.

3. The object is to check compliance with legal entities and individual entrepreneurs of the requirements established by this Federal Law, other federal laws and regulations of the Russian Federation on advertising (hereinafter - the mandatory requirements) in the implementation of activities in the field of advertising.

4. The reason for an unscheduled inspection is:

1) The expiry of the execution entity, individual entrepreneur competition authority issued an order to eliminate the revealed violations of the mandatory requirements;

2) the receipt of the antimonopoly authority appeals and applications of citizens, including entrepreneurs, legal persons, the information from public authorities, officials of the competition authority, local authorities, from the media about the facts of violations of mandatory requirements;

3) identification of violations conducted by officials of the antimonopoly body monitoring compliance with mandatory requirements;

4) the presence of the order (orders) of the head (deputy head) of the antimonopoly authority to conduct an unscheduled inspection, issued in accordance with the request of the President of the Russian Federation or the Government of the Russian Federation or on the basis of the requirements of the public prosecutor to conduct an unscheduled inspection under the supervision of the execution of the laws of bodies received by the Materials and prosecution appeals.

5. Period of inspection shall not exceed twenty working days. In exceptional cases, related to the need for complex and (or) long of special examinations and investigations on the basis of proposals motivated officials who conducted the inspection, the inspection period can be extended by the head of the antimonopoly body, but not more than ten working days.

6. Prior notification of a legal entity, individual entrepreneur to hold an unscheduled field inspection of the grounds specified in paragraph 2 or 3 of Part 4 of this Article shall not be permitted.

 

 

Article 36. The decisions and determinations of the antimonopoly authority on the review of cases filed for violation of Russian legislation on advertising

1. The antimonopoly authority within its authority initiates and reviews cases for violation of Russian legislation on advertising, takes on the review of such cases the decision and issue regulations under this Federal Law.

2. The antimonopoly body on its own motion, the prosecutor, appeals of state authorities or local authorities, as well as statements of individuals or legal entities to prosecute for violation of Russian legislation on advertising.

3. The order to stop violating the laws of the Russian Federation on advertising issued by a decision of the antimonopoly authority on the recognition of inappropriate advertisements should contain an indication to stop its spread.

4. The order to stop violating the laws of the Russian Federation on advertising is enforceable within the period specified in the order. Such term shall not be less than five days from receipt of a prescription.

5. The order to stop violating the laws of the Russian Federation on advertising is considered to be inoperative if the expiration date of execution of such orders continued spread of improper advertising.

6. The order to cancel or change contrary to the laws of the Russian Federation on advertising act of the federal body of executive power, an act of executive authority of the Russian Federation or acts of the local government shall be issued by decision of the antimonopoly authority about the contradiction of such an act of legislation of the Russian Federation on advertising. In enacting the change is contrary to the laws of the Russian Federation on advertising act of the federal body of executive power, an act of executive authority of the Russian Federation or acts of the local government must specify the changes to be made to the act to bring it into line with Russian legislation on advertising .

7. The order to cancel or change contrary to the laws of the Russian Federation on advertising act of the federal body of executive power, an act of executive authority of the Russian Federation or acts of the local government shall be enforceable within the period specified in the order. Such term shall not be less than one month from the date of receipt of orders by the federal executive authorities, executive authorities of the Russian Federation or the local authority.

8. Failure to comply with the requirements of the antimonopoly authority, issued on the basis of this Federal Law shall entail responsibility in accordance with the laws of the Russian Federation on Administrative Violations.

9. Consideration of the competition authority of cases filed for violation of Russian legislation on advertising, according to the procedure established by the Government of the Russian Federation.

10. The order to terminate the contract for the provision of services for the spread of television advertising, a prisoner in violation of parts 3.1 and 3.3 of Article 14 of this Federal Law shall be enforceable within the period specified in the order. Such term shall not be less than one month from the date of prescription of any party to a contract subject to termination.

(Part of the tenth federal law from 27.12.2009 N 354-FZ)

  

 
Article 37. Challenging decisions and directions of the antimonopoly authority

1. The decision, issued by the antimonopoly authority can be challenged in court or arbitral tribunal within three months from the date of the decision, issuing a prescription.

2. Application for annulment of decisions of the antimonopoly authority shall not suspend the execution of the decision or determination, unless the court or arbitral tribunal is not made a decision to suspend the execution of the decision or determination.

3. Decision of the antimonopoly authority on the application of measures of administrative responsibility for violation of Russian legislation on advertising may be challenged, appealed in accordance with the legislation of the Russian Federation.

  

 
Article 38. Responsibility for violation of Russian legislation on advertising

1. Violation of individuals or legal entities of the Russian Federation legislation on advertising entails responsibility under civil law.

2. Persons whose rights and interests are violated by an improper distribution of advertising, the right to appeal in the prescribed manner to the court or tribunal, including claims for damages, including lost profits, compensation for harm caused to the health of individuals and (or) property natural or legal persons for compensation for moral damages and a public retraction of false advertising (counter-advertisement).

3. In case of the competition authority the fact of distribution of false advertising, and issuance of the prescription anti-monopoly authority may apply in the prescribed manner to the court or tribunal with a claim to the advertiser on the public retraction of false advertising (counter-advertisement) by the advertiser. The court or arbitral tribunal shall determine the form, place and terms of such denial.

4. Violation of advertisers, advertisement, advertisement distributors of RF legislation on advertising entails responsibility in accordance with the laws of the Russian Federation on Administrative Violations.

5. Federal laws for willful violation of the laws of the Russian Federation on advertising could be established other penalties.

6. The advertiser is responsible for the violation of the requirements set forth in items 2 - 8 of Article 5, Article 6 - 9, part 4 - 6, Article 10, Article 12, paragraphs 1 and 3 of Article 21, paragraphs 1 and 3 of Article 22, paragraphs 1 and 3 of Article 23 , Articles 24 and 25, paragraphs 1 and 6 of Article 26, paragraphs 1 and 5 of Article 27, Articles 28 - 30 of this Federal Law.

(In the red. Federal Law of 03.06.2011 N 115-FZ)

(See the text in the previous edition)

7. The advertising is responsible for the 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 articles 22, Parts 2 - 4 of Article 23, paragraphs 7, 8 and 11 of Article 24, Parts 1 - 5 of article 26, paragraphs 2 and 5 of Article 27, paragraphs 1, 4, 7, 8 and 11 of Article 28, paragraphs 1, 3, 4, 6 and 8 of Article 29 hereof.

(In the red. Federal Law of 09.02.2007 N 18-FZ)

(See the text in the previous edition)

8. The advertisement shall be liable for breach of the requirements specified in paragraphs 6 and 7 of this Article, if it is proven that a violation has occurred through his fault.

9. Penalties for violation of Russian legislation on advertising and failure to requirements of the antimonopoly body shall be credited to the budgets of the Russian Federation budget in the following order:

1) the federal budget - 40 percent;

2) the budget of the Russian Federation on the territory of which the registered entity or individual entrepreneur who violate the laws of the Russian Federation on advertising - 60 percent.

10. Payment of the fine does not exempt from execution of orders to cease violations of Russian legislation 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, paragraph 2 of Article 20 and paragraph 4 of Part 2 of Article 23 hereof.

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

3. Part 3 of Article 14 of this Federal Law shall enter into force on January 1, 2008.

4. To establish that the period from July 1, 2006 January 1, 2008, the total duration of the common in the TV advertising (including advertising such as teleshopping), interruption of TV advertising (including sponsorship advertising) and combining advertising with the way television program "running line "or otherwise imposing on her TV program broadcast frame can not exceed twenty percent of broadcast time for an hour and fifteen percent of 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 of entry into force of this Federal Law are abrogated:

1) The Federal Law of 18 July 1995 N 108-FZ "On Advertising" (Legislative Assembly of the Russian Federation, 1995, N 30, p. In 2864);

2), paragraph 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" (Collection of legislation of the Russian Federation, 2001, N 26, p. In 2580);

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

4) Paragraphs 23 and 24 of Article 3 of the Federal Law of December 30, 2001 N 196-FZ "On introduction of the Code of the Russian Federation on Administrative Violations" (Collection of legislation of the Russian Federation, 2002, N 1, p. 2);

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

6) Article 55 of the Federal Law of August 22, 2004 N 122-FZ "On Amendments to Legislative Acts of the Russian Federation and the Annulment of Some Legislative Acts of the Russian Federation in connection with the adoption of Federal Law" On Amending the Federal Law "On general principles of organization of legislative (representative) and executive bodies of subjects of the Russian Federation "and" On General Principles of Local Government in the Russian Federation "(Collection of legislation of the Russian Federation, 2004, N 35, p. 3607);

7) Article 11 of the Federal Act 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, and the Repeal of certain legislative acts (provisions of legislative acts) Russian Federation "(Collection of legislation of the Russian Federation, 2004, N 45, p. 4377);

8) Article 1 of the Federal Law of July 21, 2005 N 113-FZ "On Amending the Federal Law" On Advertising "and Article 14.3 of the Code of the Russian Federation on Administrative Violations" (Collection of legislation of the Russian Federation, 2005, N 30, p. 3124 .)

2. Continue to bring the laws and other normative legal acts of the Russian Federation, acting on the territory of the Russian Federation regulating relations in the field of advertising, in accordance with this federal law these laws and other regulations apply to the extent that they are not inconsistent with this federal law.

3. Peculiarities of placement (distribution) of advertising during the XXII Olympic Winter Games and XI Paralympic Winter Games 2014 in Sochi are determined by the Federal Law "On organization and holding of the XXII Olympic Winter Games and XI Paralympic Winter Games 2014 in Sochi, the development of Sochi as a mountain resort and Amendments to Certain Legislative Acts of the Russian Federation.»

(Part three federal law from 01.12.2007 N 310-FZ)

4. Peculiarities of placement (distribution) advertising in the innovation center "Skolkovo" established Federal law "On the Innovation Center" Skolkovo ".

(Part 4 of federal law from 28.09.2010 N 243-FZ)

5. Features location and distribution of advertising in Vladivostok city district in the organization of the meeting of Heads of State and Government of the countries - participants of the forum, "Asia-Pacific Economic Cooperation" in 2012 in Vladivostok are determined by the Federal Law of May 8, 2009 N 93-FZ "On the organization of the Summit of Heads of State and Government of countries - participants of the forum, "Asia-Pacific Economic Cooperation" in 2012, the development of Vladivostok as a center for international cooperation in the Asia-Pacific region and on Amendments to Certain Legislative Acts of the Russian Federation. "

(Part 5 of federal law from 05.04.2011 N 56-FZ)

President

Russian Federation

VLADIMIR PUTIN

The Kremlin, Moscow

March 13, 2006

N 38-FZ

   

 
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Source of publication

In this type of document was not published.

The original text was published in editions

"Rossiyskaya Gazeta", N 51, 15.03.2006,

"Collection of Legislation of the Russian Federation", 20.03.2006, N 12, p. In 1232.

Information about the publication of documents, creating this edition, see the Help for these documents.

 

Note to the document

The beginning of the editorial board - 8/15/2011.

The end of the editorial board - 7/22/2012.

Changes to the Federal Law of 11.07.2011 N 202-FZ entered into force 30 days after its official publication (published in "Rossiyskaya Gazeta" - 07/15/2011).

 

Title of document

Federal Law of 13.03.2006 N 38-FZ

(As amended on 18.07.2011, as amended. On 21/11/2011)

"On Advertising"

(With rev. And add. Who come into force on 15.08.2011)

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