Federal law on advertising was passed in. Federal law "on advertising" in simple words. Russian Federation Federal Law On Advertising
The power and impact of advertising on economic life, social environment, trade and manufacturing trends, and a myriad of other areas can hardly be overestimated. It is a common truth that advertising is the engine of trade, will never lose its relevance. The methods of its promotion and production are changing, but its "influence" does not decrease.
General information
Structurally, the law is represented by six chapters containing 40 articles. Let's consider a summary of the law, noting the main aspects:
General Provisions:
- Objectives, scope of application of the law, concepts used,
- RF legislation regulating this area;
- General requirements;
- Protection of minors from advertising and goods prohibited for advertising;
- Advertising of goods sold remotely;
- … Activities that stimulate demand, such as: games, sweepstakes, contests;
- Social advertising;
- The duration of the advertisement that is a public offer;
- Duration of storage of advertising materials;
- Providing information about the product to the person distributing the advertisement.
It will be interesting for you: the Federal Law on Mass Media in the new edition of 2018. Details
Features of individual advertising promotion options:
- On television, radio;
- In print: newspapers, magazines, etc .;
- Promoted with film and video services;
- By telecommunication networks;
- Advertising structures, signboards, advertising on transport.
- Alcoholic drinks;
- Medical products and services, medicines, various methods of treatment, including folk;
- Dietary supplements, food additives and baby food;
- Military products and weapons;
- Games, bets that involve risk;
- Financial services and activities in general, as well as securities;
- Advertise services such as assistance with rent, life support, or mediation assistance.
Self-regulation in this area: SRO and their rights.
- Powers of the Antimonopoly Service, obligation to maintain confidentiality;
- Providing information to the antimonopoly authorities;
- Checks and their organization;
- Decisions and orders of the Antimonopoly Service on violations in the field of advertising and their challenge;
- Responsibility for violations.
From the summary of the law, it is clear that the subject of regulation of this law is the relationship arising from advertising activities between the advertiser, the person distributing the advertisement, the state as the supervising party and the audience (indirectly).
Due to the relevance of Law 38-FZ, from the moment of its appearance in 2006 to the present, it has undergone a huge number of amendments (more than 50 amending documents). In 2017 alone, amendments to the law were made three times: in March (FZ-44 "On Amendments ..") and July (FZ-216 and FZ-218). Let's take a closer look.
What changes have been made?
Consider the amendments made in the outgoing 2017 by each of the three amendments.
1. ФЗ-44 from 28.03.2017 "On amendments ..", the output of which was associated with the formation of mechanisms for increasing the incomes of subjects of children, youth and professional sports, entailed the following amendments:
Clause 1 of part 2 of article 27 of FZ-38 was supplemented. So, advertising is based on the risk of games and bets are allowed only on television and radio from 22 to 7 o'clock local time, except for the case prescribed part 2.1 articles (see below).
Article 27. FZ-38 was supplemented by clauses 2.1 and 2.2.
Part 2.1 of Article 27 states that advertising of risk-based games and bets conducted by bookmakers, as well as various types of symbols (brand names, trade marks) is allowed within the framework of the broadcast or recording of sports competitions (matches, races, etc.). At the same time, the duration of such advertising cannot exceed 20% of the total admissible duration of advertisements during sports broadcasts (regulated in accordance with parts 3 and 9 of article 14 and parts 2 and 8 of article 15 of the law).
In turn, for television, the maximum total duration of any kind of advertising is 15% of the broadcast time per hour, and for radio - 20% of the broadcast time during the day.
Part 2.2 of Article 27 prescribes the possibility of publishing the services of betting organizations in specialized print media and on the Internet - on amateur sports sites, as well as on the official portals of sports federations and leagues of Russia. In addition, from now on, the legal possibility of using sports facilities and uniforms of athletes as an advertising platform is enshrined.
The interaction of sports organizations and bookmakers should bring financial benefits primarily in the form of additional income for subjects of professional and youth sports. In addition, the expansion of opportunities in terms of advertising of the betting organizations themselves makes the services they provide more accessible and understandable for the layman.
2. ФЗ-216 dated July 29, 2017 also made some amendments to the law FZ-38 on advertising. So, article 40 the law FZ-38 was supplemented with part 4.1, which is essentially a reference, since from now on, the rules for placing advertising on the territory of innovative institutions in Russia are determined by Federal Law No. 216 "On innovative scientific and technological centers and on amendments to certain legislative acts of the Russian Federation."
3. Another amendment document - FZ-218, issued on the same day (29.07.2017), made adjustments to the law we are considering: there was amended part 8 of article 28 about advertising of financial services and financial activities. The changes were related to the construction industry, or rather to the shared construction of apartment buildings and other buildings. The article prescribes a provision on the inadmissibility of attracting funds from "share holders" until the necessary documents are received: a building permit, state. registration of ownership or lease (sublease) of a land plot on which construction is underway, confirmation of the compliance of both the developer himself and the project documentation with the requirements established by law. The amendment to the law consisted in a remark, according to which the collection of these documents is necessary only in cases stipulated by the law of December 30, 2004 "On participation in shared construction of apartment buildings and other real estate and on amendments to some legislative acts of the Russian Federation."
Consider also individual articles of the law FZ-38 - Art. 3 of the law on advertising and art. 38, which were not affected by the changes in the outgoing year.
Article 3 FZ-38 denotes the basic concepts used in the text of the law, such as: advertising, object of advertising, product, inappropriate advertising, advertiser(manufacturer, seller of goods), advertising producer(advertising agency, for example), advertising distributor(TV channel, radio station, print edition, etc.), consumer(listener, viewer), sponsor, sponsorship, social advertising, antitrust authority.
Article 38 FZ-38 prescribes such an aspect of advertising activities as responsibility for violation of the legislation of the Russian Federation on advertising activities. The responsibility of individuals and legal entities is determined in accordance with the civil regulatory framework, the responsibility of advertisers, advertising producers and advertising distributors - in accordance with the legislation of the Russian Federation on administrative offenses.
Persons whose interests have been violated as a result of the dissemination of inappropriate advertising can apply to the court for compensation (moral damage, lost profits, compensation for harm caused to health or property), as well as for its public denial. The Antimonopoly Service is also empowered, if necessary, to force through the court to refute at the expense of the advertiser inaccurate advertising.
If a fine was issued for a violation by one of the above parties, its amount is distributed as follows: 40 percent goes to the budget of Russia and 60% goes to the subject of the Russian Federation. The payment of the fine does not relieve the offender from the obligation to stop the violation, that is, to stop the publication or distribution of advertisements found to be unreliable.
Text 38 of the Federal Law with the latest amendments
Advertising Law is a tabletop bible of advertising companies, PR agencies and other organizations whose activities are to promote various kinds of goods and services. However, the law affects many areas related to advertising at first glance, very indirectly.
the Russian Federation
the federal law
About advertising
(as amended by Federal Laws of 18.12.2006 No. 231-FZ,
dated 09.02.2007 No. 18-FZ, dated 12.04.2007 No. 48-FZ,
dated July 21, 2007 No. 193-FZ, dated December 1, 2007 No. 310-FZ,
dated 13.05.2008 No. 70-FZ, dated 27.10.2008 No. 179-FZ,
dated 07.05.2009 No. 89-FZ, dated 27.09.2009 No. 228-FZ,
dated 17.12.2009 No. 320-FZ, dated 27.12.2009 No. 354-FZ,
dated 19.05.2010 No. 87-FZ, dated 27.07.2010 No. 194-FZ,
dated 28.09.2010 No. 243-FZ, dated 05.04.2011 No. 56-FZ,
dated 03.06.2011 No. 115-FZ, dated 01.07.2011 No. 169-FZ,
dated July 11, 2011 No. 202-FZ, dated July 18, 2011 No. 218-FZ,
dated July 18, 2011 No. 242-FZ, dated July 21, 2011 No. 252-FZ,
dated 21.11.2011 No. 327-FZ, dated 20.07.2012 No. 119-FZ,
dated 07.28.2012 No. 133-FZ, dated 07.05.2013 No. 98-FZ,
dated 07.06.2013 No. 108-FZ, dated 02.07.2013 No. 185-FZ,
dated July 23, 2013 No. 200-FZ, dated July 23, 2013 No. 251-FZ,
dated October 21, 2013 No. 274-FZ, dated November 25, 2013 No. 317-FZ,
dated December 21, 2013 No. 375-FZ, dated December 28, 2013 No. 396-FZ,
dated 28.12.2013 No. 416-FZ, dated 04.06.2014 No. 143-FZ,
dated 28.06.2014 No. 190-FZ, dated 21.07.2014 No. 218-FZ,
dated July 21, 2014 No. 235-FZ, dated July 21, 2014 No. 264-FZ,
dated July 21, 2014 No. 270-FZ, dated November 4, 2014 No. 338-FZ,
dated December 29, 2014 No. 460-FZ, dated December 29, 2014 No. 485-FZ,
dated 31.12.2014 No. 490-FZ, dated 03.02.2015 No. 5-FZ,
dated 08.03.2015 No. 50-FZ, dated 03.07.2016 No. 304-FZ,
dated 05.12.2016 No. 413-FZ, dated 28.03.2017 No. 44-FZ,
dated July 29, 2017 No. 216-FZ, dated July 29, 2017 No. 218-FZ,
dated 31.12.2017 No. 489-FZ, dated 03.04.2018 No. 61-FZ,
dated 03.07.2018 No. 182-FZ, dated 03.07.2018 No. 183-FZ,
dated July 29, 2018 No. 262-FZ, dated August 3, 2018 No. 325-FZ,
dated 30.10.2018 No. 383-FZ, dated 27.12.2018 No. 531-FZ,
dated 01.05.2019 No. 89-FZ, dated 01.05.2019 No. 100-FZ,
dated 02.08.2019 No. 259-FZ)
Chapter 1. General Provisions
Chapter 1. General Provisions
Article 1. Objectives of this Federal Law
The objectives of this Federal Law are to develop markets for goods, works and services on the basis of compliance with the principles of fair competition, to ensure the unity of the economic space in the Russian Federation, to exercise the right of consumers to receive fair and reliable advertising, to create favorable conditions for the production and distribution of social advertising, and to prevent violations of the law. Of the Russian Federation on advertising, as well as suppression of facts of inappropriate advertising.
Article 2. Scope of this Federal Law
1. This Federal Law applies to relations in the field of advertising, regardless of the place of its production, if the distribution of advertising is carried out on the territory of the Russian Federation.
2. This Federal Law does not apply to:
2) information, the disclosure or distribution or communication of which is mandatory in accordance with federal law;
3) reference and informational and analytical materials (reviews of the domestic and foreign markets, the results of scientific research and testing), which do not have the main goal of promoting goods on the market and are not social advertising;
4) messages of state authorities, other state bodies, messages of local self-government bodies, messages of municipal bodies that are not part of the structure of local self-government bodies, if such messages do not contain information of an advertising nature and are not social advertising;
5) signs and signs that do not contain information of an advertising nature;
6) announcements of individuals or legal entities that are not related to the implementation of entrepreneurial activity;
7) information about the product, its manufacturer, importer or exporter, posted on the product or its packaging;
8) any design elements of the goods placed on the goods or their packaging and not related to other goods;
9) references to the product, the means of its individualization, the manufacturer or seller of the product, which are organically integrated into works of science, literature or art and are not in themselves information of an advertising nature.
3. The provisions of this Federal Law relating to the manufacturer of the goods shall also apply to persons performing work or rendering services.
4. Special requirements and restrictions established by this Federal Law in relation to advertising of certain types of goods also apply to advertising of means of individualization of such goods, their manufacturers or sellers, unless the advertising of means of individualization of an individual product, its manufacturer or seller clearly does not apply to the goods in relation to the advertising of which this Federal Law establishes special requirements and restrictions.
Article 3. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
1) advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at drawing attention to the advertised object, generating or maintaining interest in it and its promotion on the market;
2) the object of advertising is a product, means of individualization of a legal entity and (or) a product, a manufacturer or seller of a product, results of intellectual activity or an event (including a sports competition, concert, competition, festival based on the risk of a game, bet), to attract attention to which advertising is directed;
(as amended by Federal Law No. 89-FZ dated 07.05.2009)
3) goods - a product of activity (including work, service) intended for sale, exchange or other introduction into circulation;
9) sponsor - a person who provided funds or provided funds for organizing and (or) holding a sports, cultural or any other event, creating and (or) broadcasting a television or radio program, or creating and (or) using another result of creative activity;
11) social advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at achieving charitable and other socially useful goals, as well as ensuring the interests of the state;
12) antimonopoly body - the federal antimonopoly body and its territorial bodies.
Article 4. Legislation of the Russian Federation on Advertising
The legislation of the Russian Federation on advertising consists of this Federal Law. Relations arising in the process of production, placement and distribution of advertising may also be regulated by other federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation adopted in accordance with this Federal Law.
Article 5. General requirements for advertising
2) defames the honor, dignity or business reputation of a person, including a competitor;
3) represents an advertisement of a product, advertising of which is prohibited in this way, at a given time or in a given place, if it is carried out under the guise of advertising of another product, the trademark or service mark of which is identical or confusingly similar to the trademark or service mark of the product, in relation to advertising of which the corresponding requirements and restrictions have been established, as well as under the guise of advertising the manufacturer or seller of such goods;
4) is an act of unfair competition in accordance with antitrust laws.
2) about any characteristics of the goods, including about its nature, composition, method and date of manufacture, purpose, consumer properties, about the conditions of use of the goods, about the place of its origin, the presence of a certificate of conformity or a declaration of conformity, marks of conformity and circulation marks on market, service life, product shelf life;
3) on the assortment and packaging of goods, as well as on the possibility of purchasing them in a certain place or within a certain period;
4) about the cost or price of the goods, the procedure for paying for it, the amount of discounts, tariffs and other conditions for the purchase of goods;
5) on the terms of delivery, exchange, repair and maintenance of goods;
6) on the warranty obligations of the manufacturer or seller of the goods;
7) on exclusive rights to the results of intellectual activity and equated means of individualization of a legal entity, means of individualization of goods;
8) on the rights to use official state symbols (flags, emblems, anthems) and symbols of international organizations;
9) on official or public recognition, on receiving medals, prizes, diplomas or other awards;
11) on the results of research and testing;
12) on the provision of additional rights or benefits to the purchaser of the advertised product;
15) on the rules and timing of a competition, game or other similar event, including the deadline for accepting applications for participation in it, the number of prizes or winnings based on its results, the timing, place and procedure for receiving them, as well as the source of information about such an event;
16) on the rules and terms for conducting risk-based games, bets, including the number of prizes or winnings based on the results of risk-based games, bets, the timing, place and procedure for receiving prizes or winnings based on the results of risk-based games, bets , about their organizer, as well as about the source of information about risk-based games, bets;
17) on the source of information subject to disclosure in accordance with federal laws;
18) about the place where, prior to the conclusion of an agreement on the provision of services, interested persons can familiarize themselves with the information that must be provided to such persons in accordance with federal laws or other regulatory legal acts of the Russian Federation;
19) about the person who pledged the security;
1) induce to commit illegal actions;
2) call for violence and cruelty;
3) be similar to road signs or otherwise threaten the safety of road, rail, water, air transport;
4) form a negative attitude towards persons who do not use the advertised goods, or condemn such persons;
1) the use of foreign words and expressions that can lead to a distortion of the meaning of information;
3) demonstration of the processes of smoking and consumption of alcoholic beverages;
(as amended by the Federal Law of 18.07.2011 No. 218-FZ)
4) the use of images of medical and pharmaceutical workers, with the exception of such use in advertising of medical services, personal hygiene products, in advertising, the consumers of which are exclusively medical and pharmaceutical workers, in advertising distributed in places where medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertisements placed in print media intended for medical and pharmaceutical workers;
6) an indication of the medicinal properties, that is, a positive effect on the course of the disease, of the object of advertising, with the exception of such indication in the advertisement of medicines, medical services, including methods of prevention, diagnosis, treatment and medical rehabilitation, medical devices.
6. In advertising, it is not allowed to use swear words, obscene and offensive images, comparisons and expressions, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, emblems, hymns), religious symbols, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, as well as cultural heritage objects included in the World Heritage List.
7. Advertising is not allowed, in which part of the essential information about the advertised product is missing, about the conditions for its purchase or use, if the meaning of the information is distorted and the advertising consumers are misled.
7.1. In advertising of goods and other objects of advertising, value indicators must be indicated in rubles, and if necessary, they can additionally be indicated in foreign currency.
(Part 7.1 was introduced by Federal Law No. 48-FZ of 12.04.2007)
8. Advertising of goods in respect of which the rules of use, storage or transportation or regulations for use are approved in accordance with the established procedure, should not contain information that does not comply with such rules or regulations.
9. It is not allowed to use in radio, television, video, audio and film products or in other products and to distribute hidden advertising, that is, advertising that has an impact on their minds that consumers do not realize, including such impact through the use of special video inserts (double sound recording) and in other ways.
10. It is not allowed to place advertisements in textbooks, teaching aids, other educational literature intended for teaching children on basic educational programs of primary general, basic general, secondary general education, school diaries, school notebooks.
(as amended by Federal Laws dated 21.07.2011 No. 252-FZ, dated 02.07.2013 No. 185-FZ)
10.1. It is not allowed to place advertisements for information products subject to classification in accordance with the requirements of Federal Law No. 436-FZ of December 29, 2010 "On the Protection of Children from Information Harmful to Their Health and Development", without specifying the category of this information product.
(Part 10.1 is introduced by Federal Law No. 252-FZ of July 21, 2011)
10.2. It is not allowed to distribute advertisements containing information prohibited for distribution among children in accordance with Federal Law No. 436-FZ of December 29, 2010 "On the Protection of Children from Information Harmful to Their Health and Development" in educational institutions intended for children, children's medical, health resort, physical culture and sports organizations, cultural organizations, organizations for recreation and recreation of children or at a distance of less than one hundred meters in a straight line, excluding artificial and natural barriers from the nearest point bordering the territories of these organizations.
(Part 10.2 was introduced by Federal Law No. 252-FZ of July 21, 2011; as amended by Federal Law No. 93-FZ of May 1, 2019)
10.3. It is not allowed to place advertisements on payment documents for payment for residential premises and utilities, including on the reverse side of such documents. The provisions of this part do not apply to social advertising and reference information.
(Part 10.3 was introduced by Federal Law No. 61-FZ of 03.04.2018)
11. The production, placement and distribution of advertising must comply with the requirements of the legislation of the Russian Federation, including the requirements of civil legislation, legislation on the state language of the Russian Federation.
(Part 11 as amended by Federal Law No. 231-FZ of 18.12.2006)
12. In the case of placing advertisements on a TV channel (in TV programs, television broadcasts) based on data obtained from the study of the volume of viewership of TV channels (TV programs, TV broadcasts), advertisers, advertising distributors and their representatives and intermediaries are obliged to use the specified data in accordance with the agreements concluded by the said persons or their associations with organizations (organization) authorized (authorized) to conduct the said research by the federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications.
(Part 12 is introduced by Federal Law No. 281-FZ of 03.07.2016)
Article 6. Protection of minors in advertising
In order to protect minors from abuse of their trust and lack of experience, advertising is not allowed:
1) discrediting parents and educators, undermining the trust of minors in them;
2) encouraging minors to persuade their parents or other persons to purchase the advertised product;
3) creating a distorted idea of the availability of goods for a family with any level of income among minors;
4) creating the impression among minors that the possession of the advertised product puts them in a preferable position over their peers;
5) the formation of an inferiority complex in minors who do not possess the advertised product;
6) showing minors in dangerous situations, including situations that encourage them to commit actions that pose a threat to their life and (or) health, including causing harm to their health;
(Clause 6 as amended by Federal Law No. 252-FZ of 21.07.2011)
7) underestimation of the level of skills necessary for the use of the advertised product among minors of the age group for which this product is intended;
8) the formation in minors of an inferiority complex associated with their external unattractiveness.
Article 7. Goods, advertising of which is not allowed
1) goods, the production and (or) sale of which is prohibited by the legislation of the Russian Federation;
2) narcotic drugs, psychotropic substances and their precursors, plants containing narcotic drugs or psychotropic substances or their precursors, and their parts containing narcotic drugs or psychotropic substances or their precursors, as well as new potentially dangerous psychoactive substances;
(as amended by Federal Laws dated 19.05.2010 No. 87-FZ, dated 01.05.2019 No. 89-FZ)
3) explosives and materials, except for pyrotechnic products;
4) human organs and (or) tissues as objects of sale and purchase;
5) goods subject to state registration, in the absence of such registration;
6) goods subject to mandatory certification or other mandatory confirmation of compliance with the requirements of technical regulations, in the absence of such certification or confirmation of such compliance, as well as works or services for the assessment (confirmation) of compliance, including the acceptance and review of documents required to fulfill of the specified works and (or) the provision of services carried out by persons who do not have accreditation in the national accreditation system (if obtaining such accreditation is provided for by the legislation of the Russian Federation), or by accredited persons, but without specifying the name of the accredited legal entity or surname, name and ( if any) the patronymic of the accredited individual entrepreneur and the unique number of the accreditation record in the register of accredited persons;
(as amended by Federal Law No. 262-FZ of 29.07.2018)
7) goods for the production and (or) sale of which it is required to obtain licenses or other special permits, in the absence of such permits;
8) tobacco, tobacco products, tobacco products and smoking accessories, including pipes, hookahs, cigarette paper, lighters;
(Clause 8 introduced by Federal Law No. 274-FZ of 21.10.2013)
9) medical services for the artificial termination of pregnancy;
(Clause 9 was introduced by Federal Law No. 317-FZ of 25.11.2013)
10) services for the preparation and writing of final qualification works, scientific reports on the main results of prepared scientific qualification works (dissertations) and other works provided for by the state system of scientific certification or necessary for students to undergo intermediate or final certification.
(Clause 10 introduced by Federal Law No. 383-FZ dated 30.10.2018)
Article 8. Advertising of goods when selling them remotely
Advertising of goods with a remote method of selling them must contain information about the seller of such goods: name, location and state registration number of the entry on the creation of a legal entity; surname, name, patronymic, main state registration number of the record on state registration of an individual as an individual entrepreneur.
Article 9. Advertising of incentive events
An advertisement announcing a competition, game or other similar event, the condition for participation in which is the purchase of a certain product (hereinafter referred to as an incentive event), must indicate:
(as amended by Federal Law No. 416-FZ of 28.12.2013)
1) the timing of such an event;
2) a source of information about the organizer of such an event, the rules for its holding, the number of prizes or winnings based on the results of such an event, the timing, place and procedure for receiving them.
Article 10. Social advertising
1. Advertisers of social advertising can be individuals, legal entities, state authorities, other state bodies and local self-government bodies, as well as municipal bodies that are not part of the structure of local self-government bodies.
2. State authorities, other state bodies and local self-government bodies, as well as municipal bodies that are not part of the structure of local self-government bodies, procure works, services for the production and distribution of social advertising in accordance with the legislation of the Russian Federation on the contract system in the field procurement of goods, works, services to meet state and municipal needs.
(as amended by Federal Law No. 396-FZ of 28.12.2013)
3. The conclusion of an agreement for the distribution of social advertising is mandatory for an advertising distributor within five percent of the annual volume of advertising distributed by him (including the total time of advertising distributed in television and radio programs, the total advertising space of the printed publication, the total advertising space of advertising structures). The conclusion of such an agreement is carried out in accordance with the procedure established by the Civil Code of the Russian Federation.
4. In social advertising, it is not allowed to mention specific brands (models, articles) of goods, trademarks, service marks and other means of their individualization, about individuals and legal entities, except for the cases provided for in part 5 of this article.
(as amended by Federal Law of 03.06.2011 No. 115-FZ)
5. The restrictions established by part 4 of this article do not apply to references to state bodies, other state bodies, local self-government bodies, about municipal bodies that are not part of the structure of local self-government bodies, about sponsors, about socially oriented non-profit organizations that meet the requirements, established by this article, as well as about individuals who find themselves in a difficult life situation or need treatment, in order to provide them with charitable assistance. In social advertising, it is allowed to mention socially oriented non-profit organizations in cases where the content of this advertisement is directly related to information about the activities of such non-profit organizations aimed at achieving charitable or other socially useful goals.
(Part 5 is introduced by Federal Law No. 115-FZ of 03.06.2011)
6. In public service advertisements distributed in radio programs, the duration of the mention of sponsors cannot exceed three seconds, in public service advertisements distributed in television programs, with film and video services - three seconds, and such mention should be allocated no more than seven percent of the frame area , and in social advertising distributed in other ways - no more than five percent of the advertising space (space). These restrictions do not apply to references in social advertising about government bodies, other government bodies, local self-government bodies, about municipal bodies that are not part of the structure of local self-government bodies, about socially oriented non-profit organizations, as well as about individuals who find themselves in a difficult life situation or in need of treatment, in order to provide them with charitable assistance.
(Part 6 is introduced by Federal Law No. 115-FZ of 03.06.2011)
Article 11. Duration of advertising recognized as an offer
If, in accordance with the Civil Code of the Russian Federation, an advertisement is recognized as an offer, such an offer is valid for two months from the date of distribution of the advertisement, provided that no other period is specified in it.
Article 12. Terms of storage of advertising materials
Advertising materials or their copies, including all changes made to them, as well as contracts for the production, placement and distribution of advertising must be kept for a year from the date of the last distribution of advertising or from the date of expiration of the validity of such contracts, except for documents in respect of which the legislation of the Russian Federation provides otherwise.
Article 13. Provision of information by the advertiser
An advertiser, at the request of an advertising distributor, is obliged to provide documented information on the compliance of advertising with the requirements of this Federal Law, including information on the availability of a license, on mandatory certification, and on state registration.
Chapter 2. Features of certain methods of advertising distribution
Article 14. Advertising in TV programs and television broadcasts
1. Interruption of a TV program or TV broadcast by advertising, that is, stopping the broadcast of a TV program or TV broadcast to display advertising, must be preceded by a message about the subsequent broadcast of advertising, with the exception of interruption by sponsored advertising.
1) occupy more than seven percent of the frame area;
2) superimposed on subtitles, as well as explanatory inscriptions.
3. The total duration of advertisements distributed in a TV program (including advertising such as TV shops), interruption of a TV program by advertising (including sponsored advertising) and combining advertising with a TV program using a "crawl line" method or in any other way of superimposing it on a TV program frame may not exceed twenty percent of the broadcasting time within an hour and fifteen percent of the broadcasting time during the day, except for the cases provided for in parts 3.4 and 3.5 of this article.
(as amended by Federal Laws dated 31.12.2017 No. 489-FZ, dated 03.08.2018 No. 325-FZ)
3.1 - 3.3. Abolished. - Federal Law dated July 21, 2014 No. 264-FZ.
3.4. In the TV program of the TV channel, which, in accordance with the broadcasting license, is distributed in the territories of less than half of the constituent entities of the Russian Federation, the additional duration of combining advertising with the TV program using the creeping line method may not exceed five percent of the broadcasting time within an hour in excess of the total duration of advertising provided for in Part 3 of this article.
(Part 3.4 was introduced by Federal Law No. 489-FZ, dated 31 December 2017)
3.5. In information and entertainment television broadcasts of a TV channel, which, in accordance with the broadcasting license, is distributed in the territories of less than half of the constituent entities of the Russian Federation, the additional duration of combining advertising with each such television broadcast using the creeping line method may not exceed fifteen percent of the broadcasting time within an hour in excess of the duration of advertising in the TV program provided for in parts 3 and 3.4 of this article.
(Part 3.5 was introduced by Federal Law No. 489-FZ, dated 31 December 2017)
1) religious television programs;
2) TV broadcasts of less than fifteen minutes in duration.
5. The TV broadcasts specified in Part 4 of this Article may be interrupted by sponsored advertising immediately at the beginning and immediately before the end of such TV broadcasts, provided that the total duration of such advertising does not exceed thirty seconds.
6. It is not allowed to interrupt with advertising, including sponsored advertising, the broadcast of campaign materials distributed in television programs and television broadcasts in accordance with the legislation of the Russian Federation on elections and the legislation of the Russian Federation on referendum.
7. In children's television programs, it is not allowed to distribute advertisements for certain types of goods, the advertising features of which are established by Chapter 3 of this Federal Law. This limitation does not apply to sponsored advertising, with the exception of sponsored advertising of alcoholic beverages, military products and weapons based on the risk of games, bets, services for concluding rent contracts, including a life support contract with a dependent, activities of mediators to ensure the conduct of mediation procedures ...
(Part 7 as amended by Federal Law No. 325-FZ dated 03.08.2018)
8. Broadcasting live or recorded of a sports competition (including sports matches, games, fights, races) may be interrupted by advertising, including sponsored advertising, only during breaks during sports events or during their stops.
9. Broadcasting live or in the recording of a sporting event, which does not provide for breaks or stops, may be interrupted by advertising in such a way that the interruption of the broadcast does not lead to the loss of a part of essential information about the sporting event. In this case, the total duration of such advertising may not exceed twenty percent of the actual broadcasting time of the sporting event.
10. Other television broadcasts, including feature films, may be interrupted by advertisements in such a way that the duration of each interruption of said television broadcasts by advertisements does not exceed four minutes.
11. The requirements established by parts 1-10, 14.1 of this article do not apply to television programs that are registered as mass media specializing in messages and materials of an advertising nature, and are broadcast on the basis of a broadcasting license, provided that such television programs the duration of advertising is eighty percent or more of the actual broadcast time during the day.
(as amended by Federal Law No. 270-FZ of July 21, 2014)
12. When broadcasting an advertisement, the volume level of its sound, as well as the volume level of the sound of the message about the subsequent broadcast of the advertisement, must not exceed the average volume level of the sound of the TV program or TV show interrupted by the advertisement. The ratio of the volume level of the sound of advertising and the volume level of the sound of a TV program or television program interrupted by it is determined on the basis of the method for measuring the volume of the sound of advertising in TV programs and television broadcasts, approved by the federal antimonopoly body and developed on the basis of recommendations in the field of sound signal regulation in television and radio broadcasting, approved by the federal executive body , carrying out the functions of developing and implementing state policy and legal regulation in the field of mass communications and the media. The antimonopoly body detects the excess of the volume of the advertising sound over the average sound volume of the TV program or TV program it interrupts, both in the course of monitoring compliance with the requirements for the volume of advertising sound, carried out in accordance with the procedure established by the federal antimonopoly body, and as a result of inspections of compliance with legal requirements Of the Russian Federation on advertising in accordance with Article 35.1 of this Federal Law.
13. In television broadcasts broadcast in accordance with Federal Law No. 7-FZ of 13 January 1995 "On the Procedure for Coverage of the Activities of State Authorities in State Mass Media" (hereinafter - the Federal Law "On the Procedure for Coverage of the Activities of State Authorities in State mass media "), advertising is not allowed.
14. The distribution of advertisements on the days of mourning announced in the Russian Federation is not allowed in TV programs.
14.1. It is not allowed to distribute advertisements in TV programs, TV programs on TV channels, access to which is carried out exclusively on a paid basis and (or) with the use of decoding technical devices. The distribution of advertisements is allowed on the indicated TV channels in the event that at least seventy-five percent of the national mass media products are distributed, which means products in Russian or other languages of the peoples of the Russian Federation, or in a foreign language (if these products are intended for the Russian mass media). information), which is produced by citizens of the Russian Federation and (or) organizations registered in the established manner on the territory of the Russian Federation, and (or) by order of the Russian mass media and Russian investments in the production of which amount to at least fifty percent. Products of the mass media created in accordance with international treaties of the Russian Federation are also recognized as national products of the mass media. The procedure for confirming the compliance of national mass media products with the specified requirements is established by the federal antimonopoly body. Activities on translation, duplication, subtitling of foreign mass media products are not recognized as the production of national mass media products. TV channels, access to which is carried out exclusively on a paid basis and (or) with the use of decoding technical devices, are not recognized as all-Russian compulsory public TV channels, as well as TV channels distributed on the territory of the Russian Federation using a limited radio frequency resource through terrestrial broadcasting in the manner prescribed by law Of the Russian Federation about the mass media.
(Part 14.1 as amended by Federal Law No. 5-FZ dated 03.02.2015)
15. The restrictions established by this Federal Law in relation to advertising of certain types of goods in television programs do not apply to advertising placed at the place of an event broadcast live or in recording, with the exception of productions specially created for broadcasting.
(Part 15 as amended by Federal Law No. 270-FZ dated 21.07.2014)
16. The requirements of parts 1-11 and 13-15 of this article do not apply to:
1) information posted in TV programs about TV programs broadcast on the corresponding TV channel;
2) the logo of the TV program and information about this TV program.
Article 15. Advertising in radio programs and radio broadcasts
1. Interruption of a radio program or radio transmission by advertising must be preceded by a message about the subsequent broadcast of advertising, with the exception of interruption by sponsored advertising.
2. In radio programs not registered as mass media and specializing in messages and materials of an advertising nature, the duration of advertising may not exceed twenty percent of the broadcast time during the day.
3. In radio programs it is not allowed to interrupt the following radio broadcasts with advertisements:
1) religious radio broadcasts;
2) radio broadcasts with a duration of less than fifteen minutes.
4. The radio broadcasts specified in part 3 of this Article may be interrupted by sponsored advertising immediately at the beginning and immediately before the end of the radio broadcast, provided that the total duration of such advertising does not exceed thirty seconds.
5. It is not allowed to interrupt with advertising, including sponsored advertising, the broadcast of campaign materials distributed in radio programs and radio broadcasts in accordance with the legislation of the Russian Federation on elections and the legislation of the Russian Federation on referendum.
6. In children's radio broadcasts, it is not allowed to distribute advertisements for certain types of goods, the advertising features of which are established by Chapter 3 of this Federal Law. This limitation does not apply to sponsored advertising, with the exception of sponsored advertising of alcoholic beverages, military products and weapons based on the risk of games, bets, services for concluding rent contracts, including a life support contract with a dependent, activities of mediators to ensure the conduct of mediation procedures ...
(Part 6 as amended by Federal Law No. 325-FZ dated 03.08.2018)
7. Radio broadcasts in live or recorded sports events (including sports matches, games, fights, races) may be interrupted by advertisements, including sponsored advertisements, only during breaks during sports events or during their stops.
8. Radio broadcasts on the air or in the recording of a sports event, in which there are no breaks or stops, may be interrupted by advertising in such a way that the interruption of the radio broadcast does not lead to the loss of a part of essential information about the sports event. Moreover, the total duration of such advertising may not exceed twenty percent of the broadcast time of the sporting event.
9. Other radio broadcasts may be interrupted by advertising as many times as the fifteen-minute periods include these radio broadcasts, as well as additionally sponsored advertising immediately at the beginning and immediately before the end of the radio broadcast, provided that the total duration of such sponsored advertising does not exceed thirty seconds.
10. The requirements established by parts 1 - 9 of this article do not apply to radio programs that are registered as mass media specializing in messages and materials of an advertising nature, and are broadcast on the basis of a broadcasting license, provided that the duration of advertising in such radio programs is constitutes eighty and more percent of the actual broadcasting time during the day.
11. When broadcasting an advertisement, the volume level of its sound, as well as the volume level of the sound of the message about the subsequent broadcast of the advertisement, must not exceed the average volume level of the sound of the radio program or radio broadcast interrupted by the advertisement. The ratio of the loudness level of the sound of advertising and the loudness level of the sound of a radio program or radio transmission interrupted by it is determined on the basis of the methodology for measuring the sound level of advertising in radio programs and radio broadcasts, approved by the federal antimonopoly body and developed on the basis of recommendations in the field of standardization of sound signals in television and radio broadcasting, approved by the federal executive body , carrying out the functions of developing and implementing state policy and legal regulation in the field of mass communications and the media. The antimonopoly body detects the excess of the volume of advertising sound over the average sound volume level of the radio program or broadcast it interrupts, both in the course of monitoring compliance with the requirements for the volume of advertising sound, carried out in the manner established by the federal antimonopoly body, and as a result of inspections of compliance with legal requirements Of the Russian Federation on advertising in accordance with Article 35.1 of this Federal Law.
(as amended by Federal Laws dated 04.11.2014 No. 338-FZ, dated 03.07.2018 No. 182-FZ)
12. In the radio broadcasts broadcast in accordance with the Federal Law "On the Procedure for Coverage of the Activities of State Authorities in the State Mass Media", the distribution of advertising is not allowed.
13. The distribution of advertisements on the days of mourning announced in the Russian Federation is not allowed in radio programs.
14. The requirements of parts 1 - 10, 12 and 13 of this article do not apply to:
(as amended by the Federal Law of 04.11.2014 No. 338-FZ)
1) information posted in radio programs about radio broadcasts broadcast on the corresponding radio channel;
2) messages about the name of the radio program and the frequency of its broadcasting, as well as other information about the given radio program.
Article 16. Advertising in periodicals
Placement of advertising text in periodicals that do not specialize in messages and materials of an advertising nature must be accompanied by the mark "advertising" or the mark "for advertising rights". The volume of advertising in such publications should be no more than forty-five percent of the volume of one issue of periodicals. The requirement to comply with the specified volume does not apply to periodicals that are registered as specializing in messages and materials of an advertising nature and on the cover and in the imprint of which contains information about such specialization.
(as amended by Federal Law No. 413-FZ of 05.12.2016)
Article 17. Advertising distributed during film and video services
During film and video services, it is not allowed to interrupt the demonstration of the film by advertising, as well as to combine advertising with the demonstration of the film using the "crawl line" method or in any other way of superimposing it on the frame of the demonstrated film.
Article 18. Advertising distributed over telecommunication networks
(as amended by Federal Law No. 179-FZ dated 27.10.2008)
1. Dissemination of advertising through telecommunication networks, including through the use of telephone, facsimile, mobile radiotelephone communication, is allowed only subject to the prior consent of the subscriber or addressee to receive advertising. In this case, advertising is recognized as widespread without the prior consent of the subscriber or addressee, unless the advertising distributor proves that such consent has been obtained. An advertising distributor is obliged to immediately stop distributing advertising to the address of the person who applied to him with such a request.
2. It is not allowed to use telecommunication networks to distribute advertisements using means of selection and (or) dialing a subscriber number without human intervention (automatic dialing, automatic distribution).
3. With reference telephone service (both paid and free), including carried out through mobile radiotelephone communication, advertising can be provided only after the message of the reference requested by the subscriber.
4. When providing telephone connections on the basis of a time-based payment system, the time during which advertising is distributed should not be taken into account when determining the cost of such a telephone service.
5. Abolished. - Federal Law of October 27, 2008 No. 179-FZ.
Article 19. Outdoor advertising and installation of advertising structures
1. Distribution of outdoor advertising using billboards, stands, building nets, banners, electronic boards, projection and other equipment, balloons, balloons and other technical means of stable territorial placement (hereinafter - advertising structures) mounted on any surfaces and located on external walls, roofs and other structural elements of buildings, structures, structures or outside them, as well as stopping points for public transport, is carried out by the owner of the advertising structure, who is an advertising distributor, in compliance with the requirements of this article. Owner of an advertising structure (natural or legal person) - the owner of an advertising structure or another person who has a property right to an advertising structure or the right to own and use an advertising structure on the basis of an agreement with its owner.
(as amended by Federal Laws dated 21.07.2007 No. 193-FZ, dated 07.05.2013 No. 98-FZ)
3.1. The distribution of outdoor advertising on cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation included in the unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, their territories is allowed in the cases and on the conditions provided for by the Federal Law of 25 June 2002 No. 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation", in compliance with the requirements for advertising and its distribution established by this Federal Law.
(Part 3.1 was introduced by Federal Law No. 50-FZ dated 08.03.2015)
5. Installation and operation of an advertising structure is carried out by its owner under an agreement with the owner of a land plot, building or other immovable property to which the advertising structure is attached, or with a person authorized by the owner of such property, including the tenant. If it is intended to use the common property of the owners of premises in an apartment building for the installation and operation of an advertising structure, the conclusion of a contract for the installation and operation of an advertising structure is possible only with the consent of the owners of premises in an apartment building, obtained in accordance with the procedure established by the Housing Code of the Russian Federation. The conclusion of such an agreement is carried out by a person authorized to conclude it by a general meeting of owners of premises in an apartment building. Upon expiration of the term of the contract for the installation and operation of the advertising structure, the obligations of the parties under the contract terminate. The constituent entities of the Russian Federation establish deadlines for which contracts for the installation and operation of advertising structures can be concluded, depending on the types and types of advertising structures and the technologies used for displaying advertising, but for no less than five years and no more than ten years. The specific terms of the contract for the installation and operation of an advertising structure on a land plot, building or other immovable property in state or municipal ownership, or on a land plot, state ownership of which is not delimited, are established, respectively, by the executive authority, local self-government body of the municipal district or by the local self-government body of the city district, depending on the type and type of advertising structure, applied technologies for displaying advertising within the relevant deadlines. The conclusion of a contract for the installation and operation of an advertising structure is carried out in accordance with the norms of this Federal Law and civil legislation.
(as amended by Federal Laws dated 21.07.2007 No. 193-FZ, dated 27.09.2009 No. 228-FZ, dated 07.05.2013 No. 98-FZ)
5.1. The conclusion of an agreement for the installation and operation of an advertising structure on a land plot, building or other immovable property in state or municipal ownership is carried out on the basis of tenders (in the form of an auction or competition) held by state authorities, local authorities or organizations authorized by them in in accordance with the legislation of the Russian Federation. The form of bidding (auction or competition) is established by public authorities or representative bodies of municipalities. Bidding for the right to conclude an agreement for the installation and operation of an advertising structure on a land plot that is in state ownership, municipal ownership or state ownership of which is not delimited, as well as on a building or other real estate owned by subjects of the Russian Federation or municipal property, after approval in accordance with Part 5.8 of this Article, schemes for placing advertising structures are carried out by a state authority, a local government of a municipal district or a local government of an urban district or an organization authorized by them only in relation to advertising structures specified in these schemes.
(Part 5.1 was introduced by Federal Law No. 193-FZ of July 21, 2007, as revised by Federal Law No. 98-FZ of May 7, 2013)
5.2 - 5.5. Abolished. - .
5.6. An auction or tender for the conclusion of an agreement for the installation and operation of an advertising structure on a land plot, building or other real estate that is in state or municipal ownership and on which, on the basis of an agreement between a state authority, a local government body, and the owner of an advertising structure, an advertising construction, carried out after the expiration of the contract for the installation and operation of the advertising structure.
(Part 5.6 was introduced by Federal Law No. 193-FZ of July 21, 2007)
5.7. If one participant is admitted to participate in an auction or competition, the auction or competition is declared invalid and the contract for the installation and operation of the advertising structure is concluded with the person who was the only participant in the auction or competition.
(Part 5.7 as amended by Federal Law dated July 21, 2014 No. 264-FZ)
5.8. Local self-government bodies of municipal districts or urban districts approve schemes for placing advertising structures on land plots, regardless of the form of ownership, as well as on buildings or other real estate owned by the constituent entities of the Russian Federation or municipal property. The layout of advertising structures is a document that determines the placement of advertising structures, types and types of advertising structures, the installation of which is allowed in these places. The layout of advertising structures must comply with territorial planning documents and ensure compliance with the external architectural appearance of the existing development, urban planning norms and rules, safety requirements and contain maps for the placement of advertising structures indicating the types and types of advertising structures, the area of information fields and technical characteristics of advertising structures. The layout of advertising structures and the changes made to it are subject to prior agreement with the authorized executive body of the corresponding constituent entity of the Russian Federation in the manner prescribed by the supreme executive body of state power of this constituent entity of the Russian Federation. The layout of advertising structures and the changes made to it are subject to publication (promulgation) in the manner established for the official publication (promulgation) of municipal legal acts, and posting on the official website of the local government of the municipal district or local government of the urban district in the information and telecommunication network " Internet". For the purposes of this article, an information field of an advertising structure means a part of an advertising structure intended for advertising distribution.
(Part 5.8 was introduced by Federal Law No. 98-FZ of May 7, 2013, as revised by Federal Law No. 264-FZ of July 21, 2014)
6. In the event that the real estate to which the advertising structure is attached is assigned by the owner to another person on the basis of the right of economic management, the right of operational management or other proprietary right, the contract for the installation and operation of the advertising structure is concluded with the person having the right of economic management, the right operational management or other property rights to such immovable property, subject to the consent of such an owner and in compliance with the requirements established by part 5.1 of this article.
(as amended by Federal Laws dated July 21, 2007 No. 193-FZ, dated July 21, 2014 No. 264-FZ)
7. In the event that the real estate, to which the advertising structure is attached, is transferred by the owner into trust management, the contract for the installation and operation of the advertising structure is concluded with the trustee, provided that the trust management agreement does not restrict the trustee in performing such actions with the relevant property ...
8. For the duration of the contract, the owner of the advertising structure has the right to unimpeded access to the real estate to which the advertising structure is attached, and to use this property for purposes related to the exercise of the rights of the owner of the advertising structure, including its operation, maintenance and dismantling.
9. Installation and operation of an advertising structure is allowed if there is a permit for the installation and operation of an advertising structure (hereinafter also referred to as a permit) issued on the basis of an application from the owner or other legal owner of the relevant real estate or owner of an advertising structure specified in parts 5, 6, 7 of this article by the local self-government body of the municipal district or the local self-government body of the city district, in the territories of which it is planned to install and operate the advertising structure. The specified application is submitted by the applicant in writing or in the form of an electronic document using the federal state information system "Unified portal of state and municipal services (functions)" (hereinafter - the unified portal of state and municipal services) and (or) regional portals of state and municipal services in a local government body of a municipal district or a local government body of an urban district, in the territories of which it is planned to install and operate an advertising structure.
(as amended by Federal Laws dated 07.05.2013 No. 98-FZ, dated 21.07.2014 No. 264-FZ, dated 03.07.2018 No. 183-FZ)
9.1. Abolished. - Federal Law dated July 21, 2014 No. 264-FZ.
9.2. Permits issued by a local self-government body of a municipal district or a local self-government body of an urban district in violation of the requirements of parts 5.1, 5.6, 5.7 of this article are subject to cancellation on the basis of an order of the antimonopoly body.
(Part 9.2 was introduced by Federal Law No. 193-FZ of July 21, 2007, as revised by Federal Law No. 264-FZ of July 21, 2014)
9.3. A person who has been issued a permit for the installation and operation of an advertising structure is obliged to notify the local government that issued such a permit about all facts of the emergence of rights from third parties in relation to this advertising structure (renting an advertising structure, making an advertising structure as a contribution under an agreement simple partnership, conclusion of a trust management agreement, other facts).
(Part 9.3 was introduced by Federal Law No. 193-FZ of July 21, 2007, as revised by Federal Law No. 98-FZ of May 7, 2013)
10. Installation and operation of an advertising structure without a permit, which has not expired, is not allowed. In the case of installation and (or) operation of an advertising structure without a permit, the validity of which has not expired, it must be dismantled on the basis of the order of the local government of the municipal district or the local government of the city district, in the territories of which the advertising structure is installed.
(Part 10 as amended by Federal Law No. 98-FZ dated 07.05.2013)
11. The application specified in part 9 of this article shall be accompanied by:
1) information about the applicant - an individual. Information on the state registration of a legal entity or on the state registration of an individual as an individual entrepreneur is requested by the authorized body for issuing permits in the federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farmer) enterprises;
(Clause 1 as amended by Federal Law dated 01.07.2011 No. 169-FZ)
2) confirmation in writing or in the form of an electronic document using a single portal of state and municipal services and (or) regional portals of state and municipal services of the consent of the owner or other specified in parts 5, 6, 7 of this article of the legal owner of the relevant immovable property for accession to this property of the advertising structure, if the applicant is not the owner or other legal owner of the real estate. If the installation and operation of an advertising structure requires the use of the common property of the owners of premises in an apartment building, the document confirming the consent of these owners is the minutes of the general meeting of owners of premises in an apartment building, including that held by absentee voting using the state housing information system. - utilities in accordance with the Housing Code of the Russian Federation. If the applicant has not submitted a document confirming the receipt of such consent, on his own initiative, and the corresponding immovable property is in state or municipal ownership, the local self-government body of the municipal district or the local self-government body of the urban district requests information on the availability of such consent from the authorized body.
(Clause 2 as amended by Federal Law No. 183-FZ dated 03.07.2018)
12. The local self-government body of the municipal district or the local self-government body of the urban district is not entitled to require the applicant to submit documents and information not related to the territorial location, appearance and technical parameters of the advertising structure, and also to charge, in addition to the state duty, an additional fee for preparation, registration, the issuance of a permit and the commission of other actions related to the issuance of a permit. The local self-government body of the municipal district or the local self-government body of the city district in order to verify the fact whether the applicant or another person who has given consent to join the advertising structure to immovable property is the owner or other legal owner of this property, information about which is contained in the Unified State Register of Rights to Real Estate property and transactions with it, requests, in the order of interdepartmental information interaction in the federal executive body authorized in the field of state registration of rights to real estate and transactions with it, information about the rights to real estate, to which it is supposed to attach an advertising structure.
(as amended by Federal Law No. 133-FZ of 28.07.2012)
13. The local self-government body of the municipal district or the local self-government body of the urban district independently carries out the coordination with the authorized bodies necessary for making a decision on issuing a permit or refusing to issue it. At the same time, the applicant has the right to independently obtain such an agreement from the authorized bodies and submit it to the local self-government body of the municipal district or the local self-government body of the city district.
14. The decision to issue a permit or to refuse to issue it in writing or in the form of an electronic document using a single portal of state and municipal services or regional portals of state and municipal services must be sent by the local self-government body of the municipal district or the local self-government body of the urban district to the applicant within two months from the date of receipt of the necessary documents from him. An applicant who has not received, within the specified time limit, from a local self-government body of a municipal district or a local self-government body of an urban district, a decision to issue a permit or refuse to issue it, within three months, has the right to apply to a court or arbitration court with an application for recognizing the inaction of the relevant local self-government body illegal.
(Part 14 as amended by Federal Law dated 03.07.2018 No. 183-FZ)
15. The decision to refuse to issue a permit must be motivated and taken by a local government body of a municipal district or a local government body of an urban district solely on the following grounds:
2) inconsistency of the installation of an advertising structure in the declared place with the layout of advertising structures (if the place of installation of an advertising structure in accordance with Part 5.8 of this Article is determined by the layout of advertising structures);
(Clause 2 as amended by Federal Law No. 98-FZ dated 07.05.2013)
3) violation of the requirements of regulatory enactments on traffic safety;
4) violation of the external architectural appearance of the existing development of a settlement or urban district. Local self-government bodies of municipal districts or local self-government bodies of urban districts have the right to determine the types and types of advertising structures that are permissible and unacceptable for installation on the territory of the corresponding municipality or part of its territory, including the requirements for such advertising structures, taking into account the need to preserve the external architectural appearance the existing development of settlements or urban districts;
(as amended by Federal Law No. 98-FZ dated 07.05.2013)
5) violation of the requirements of the legislation of the Russian Federation on cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, their protection and use;
6) violation of the requirements established by parts 5.1, 5.6, 5.7 of this article.
(Clause 6 was introduced by Federal Law No. 193-FZ of July 21, 2007, as amended by Federal Law No. 264-FZ of July 21, 2014)
16. If the local self-government body of the municipal district or the local self-government body of the urban district refuses to issue a permit, the applicant, within three months from the date of receipt of the decision to refuse to issue the permit, has the right to apply to the court or the arbitration court with an application to declare such a decision unlawful.
17. A permit is issued by the local self-government body of the municipal district or the local self-government body of the city district for each advertising structure for the duration of the contract for the installation and operation of the advertising structure. If the owner of the advertising structure is the owner of the real estate to which the advertising structure is attached, the permit is issued for the period specified in the application, provided that the specified period meets the deadlines set by the constituent entity of the Russian Federation and for which contracts for installation and operation may be concluded. advertising structures, and permission for a temporary advertising structure - for the period specified in the application, but not more than twelve months. The permit specifies the owner of the advertising structure, the owner of the land plot, building or other real estate to which the advertising structure is attached, the type of the advertising structure, the area of its information field, the place of installation of the advertising structure, the validity period of the permit, the authority that issued the permit, its number and date. issue, other information. The permit is valid until the expiration of the period of validity specified therein or until it is canceled or invalidated. For the purposes of this article, temporary advertising structures mean advertising structures, the placement period of which is due to their functional purpose and installation location (building grids, fencing of construction sites, trading places and similar places, similar technical means) and is no more than twelve months.
(as amended by Federal Laws dated 21.07.2007 No. 193-FZ, dated 07.05.2013 No. 98-FZ, dated 21.07.2014 No. 264-FZ)
18. The local self-government body of the municipal district or the local self-government body of the urban district, the decision to revoke the permit is taken:
1) within a month from the date the owner of the advertising structure sends him a notice in writing or in the form of an electronic document using a single portal of state and municipal services and (or) regional portals of state and municipal services about his refusal to further use the permit;
(as amended by Federal Law dated 03.07.2018 No. 183-FZ)
2) within a month from the moment the owner or other legal owner of the immovable property to which the advertising structure is attached to him, a document confirming the termination of the contract concluded between such owner or such owner of the immovable property and the owner of the advertising structure;
3) if the advertising structure has not been installed within a year from the date of issue of the permit or from the date of dismantling of the advertising structure by its owner during the period of validity of the permit;
5) if a permit was issued to a person who entered into an agreement for the installation and operation of an advertising structure in violation of the requirements established by parts 5.1, 5.6, 5.7 of this article, or the results of an auction or competition are invalidated in accordance with the legislation of the Russian Federation;
(Clause 5 was introduced by Federal Law No. 193-FZ of July 21, 2007, as amended by Federal Law No. 264-FZ of July 21, 2014)
6) in case of violation of the requirements established by part 9.3 of this article.
(Clause 6 as amended by Federal Law No. 264-FZ dated July 21, 2014)
19. The decision to annul a permit may be appealed to a court or an arbitration court within three months from the date of its receipt.
20. A permit may be declared invalid in a judicial proceeding if:
3) inconsistency of the installation of an advertising structure in this place with the layout of advertising structures (if the place of installation of an advertising structure in accordance with Part 5.8 of this Article is determined by the layout of advertising structures) - at the suit of the local government;
(Clause 3 as amended by Federal Law No. 98-FZ dated 07.05.2013)
4) violation of the external architectural appearance of the existing development of a settlement or urban district - at the request of a local government body;
4.1) violation of the external architectural appearance and historical appearance of cultural heritage objects included in the unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, the historical appearance of their territories - at the suit of the federal executive body authorized by the Government of the Russian Federation in the field of conservation , use, popularization and state protection of cultural heritage sites, in relation to individual cultural heritage sites of federal significance, the list of which is approved by the Government of the Russian Federation, at the request of the executive body of the constituent entity of the Russian Federation, authorized in the field of conservation, use, popularization and state protection of cultural heritage sites , in relation to objects of cultural heritage of federal significance (with the exception of certain objects of cultural heritage of federal significance, the list of which is approved by the Governments Om of the Russian Federation), objects of cultural heritage of regional significance and objects of cultural heritage of local (municipal) significance;
(Clause 4.1 introduced by Federal Law No. 50-FZ dated 08.03.2015)
6) has ceased to be valid. - Federal Law dated July 21, 2014 No. 264-FZ.
20.1. In the event of a change in the layout of advertising structures, as a result of which the location of the previously installed advertising structure ceased to comply with the specified scheme and the permit for the installation and operation of such an advertising structure was invalidated on the grounds provided for in paragraph 3 of part 20 of this article, the owner of the advertising structure is paid compensation from the funds of the relevant local budget. Compensation is subject to the justified and confirmed costs of dismantling the advertising structure incurred by its owner, as well as the corresponding part of the money actually paid in accordance with the terms of the auction and (or) the contract for the installation and operation of the advertising structure, in respect of which the permit was invalidated. In this case, the part of the compensation not related to dismantling is calculated in proportion to the number of days by which the validity period of the permit for the installation and operation of the advertising structure has been reduced. Compensation is payable to the advertising distributor no later than ninety days from the date of the change in the layout of advertising structures.
(Part 20.1 is introduced by Federal Law No. 98-FZ dated 07.05.2013)
21. The owner of an advertising structure is obliged to dismantle an advertising structure within a month from the date of issuance of an order from a local government body of a municipal district or a local government body of an urban district to dismantle an advertising structure installed and (or) operated without a permit, the validity of which has not expired, and delete the information posted on such an advertising structure within three days from the date of issue of the specified order.
(Part 21 as amended by Federal Law No. 98-FZ dated 07.05.2013)
21.1. If the owner of the advertising structure has not fulfilled the obligation to dismantle the advertising structure specified in Part 21 of this Article within the specified time limit or the owner of the advertising structure is unknown, the local government of the municipal district or the local government of the city district shall issue an order to dismantle the advertising structure to the owner or other legal owner of real estate. , to which the advertising structure is attached, except for the case of joining the advertising structure to the object of municipal property or to the common property of the owners of premises in an apartment building in the absence of the consent of such owners to install and operate the advertising structure. The owner or other legal owner of real estate, to which the advertising structure is attached, is obliged to dismantle the advertising structure within a month from the date of issuance of the corresponding order. Dismantling, storage or, if necessary, destruction of the advertising structure is carried out at the expense of the owner or other legal owner of the real estate to which the advertising structure was attached. At the request of the owner or other legal owner of this immovable property, the owner of the advertising structure is obliged to reimburse this owner or this legal owner for the necessary expenses incurred in connection with the dismantling, storage or, if necessary, destruction of the advertising structure.
(Part 21.1 is introduced by Federal Law No. 98-FZ dated 07.05.2013)
21.2. If the owner or other legal owner of the real estate, to which the advertising structure was attached, has not fulfilled the obligation specified in part 21 of this article to dismantle the advertising structure, or the owner or other legal owner of this real estate is unknown, dismantling the advertising structure, storing it or if necessary, destruction is carried out at the expense of the local budget. At the request of a local self-government body of a municipal district or a local self-government body of an urban district, the owner of the advertising structure or the owner or other legal owner of real estate to which the advertising structure was attached shall be obliged to reimburse the necessary expenses incurred in connection with the dismantling, storage or, if necessary, destruction of the advertising structure. constructions.
(Part 21.2 is introduced by Federal Law No. 98-FZ dated 07.05.2013)
21.3. If an advertising structure is attached to an object of municipal property or to the common property of owners of premises in an apartment building in the absence of the consent of such owners to install and operate the advertising structure, in the case specified in part
21.1 of this article, its dismantling, storage or, if necessary, destruction is carried out at the expense of the local budget. At the request of a local self-government body of a municipal district or a local self-government body of an urban district, the owner of an advertising structure is obliged to reimburse the necessary expenses incurred in connection with the dismantling, storage or, if necessary, destruction of the advertising structure.
(Part 21.3 is introduced by Federal Law No. 98-FZ dated 07.05.2013)
22. A decision to issue an order to dismantle an advertising structure, dismantle an advertising structure may be appealed to a court or an arbitration court within three months from the date of receipt of the relevant order or from the date of dismantling an advertising structure.
(Part 22 as amended by Federal Law No. 98-FZ dated 07.05.2013)
22.1. In case of failure to fulfill the obligation to delete the information posted on the advertising structure in case of revocation of the permit or its invalidation, the owner or other legal owner of real estate to which the advertising structure was attached, deletes this information at his own expense. At the request of the owner or other legal owner of such immovable property, the owner of the advertising structure is obliged to reimburse him for reasonable expenses incurred in connection with the removal of this information.
(Part 22.1 was introduced by Federal Law No. 193-FZ of July 21, 2007)
23. The requirements of this article in terms of obtaining permits do not apply to showcases, booths, trays, mobile points of sale, outdoor umbrellas in the case of advertising directly on these objects (without the use of structures and devices intended only for advertising).
(Part 23 as amended by Federal Law No. 98-FZ dated 07.05.2013)
24. The provisions of this article, defining the powers of local self-government bodies, apply to intracity municipalities of federal cities of Moscow and St. Petersburg, if, in accordance with the Federal Law of October 6, 2003 No. Federation "the laws of the constituent entities of the Russian Federation - cities of federal significance Moscow and St. Petersburg do not establish the procedure according to which these powers are exercised by the state authorities of the indicated constituent entities of the Russian Federation.
Article 20. Advertising on vehicles and with their use
1. Placement of advertising on a vehicle is carried out on the basis of an agreement concluded by the advertiser with the owner of the vehicle or a person authorized by him or with a person who has other property rights to the vehicle.
2. The use of vehicles exclusively or primarily as mobile advertising structures, including the re-equipment of vehicles for the distribution of advertising, as a result of which the vehicles have completely or partially lost the functions for which they were intended, the re-equipment of the bodies of vehicles giving them the appearance certain product is prohibited.
(Part 2 as amended by Federal Law No. 98-FZ dated 07.05.2013)
1) special and operational services with a certain color-graphic color provided for by the requirements of technical regulations;
2) equipped with devices for supplying special light and sound signals;
3) federal postal services, on the side surfaces of which there are diagonally white stripes on a blue background;
4) intended for the carriage of dangerous goods.
4. Placing decals on vehicles indicating that they belong to any person is not an advertisement.
5. Advertising placed on vehicles must not pose a threat to traffic safety, including restricting the view of vehicle operators and other road users, and must comply with other requirements of technical regulations.
Chapter 3. Features of advertising of certain types of goods
Article 21. Advertising of alcoholic beverages
2) condemn abstinence from the use of alcoholic beverages;
5) contact minors;
6) use images of people and animals, including those made using animation (animation).
(Clause 6 as amended by Federal Law No. 218-FZ of 18.07.2011)
1) in periodicals, with the exception of advertising of beer and drinks made on the basis of beer, as well as wine and sparkling wine (champagne) produced in the Russian Federation from grapes grown in the territory of the Russian Federation, which should not be placed on the first and last pages newspapers, as well as on the front and back pages and covers of magazines;
(as amended by Federal Laws dated 20.07.2012 No. 119-FZ, dated 21.07.2014 No. 235-FZ, dated 31.12.2014 No. 490-FZ)
2) in printed publications, audio and video products intended for minors;
3) in television programs and radio programs (except for the cases provided for in parts 7 and 8 of this article), in the course of film and video services;
(Clause 3 as amended by Federal Law No. 490-FZ of December 31, 2014)
4) on all types of public transport vehicles and with their use, as well as outside and inside buildings, structures that ensure the functioning of public transport vehicles, with the exception of places where retail sale of alcoholic beverages is carried out;
(Clause 4 as amended by Federal Law No. 218-FZ of 18.07.2011)
5) using technical means of stable territorial placement (advertising structures), mounted and located on roofs, external walls and other structural elements of buildings, structures, structures or outside them;
6) in children's, educational, medical, sanatorium, health resort, military organizations, theaters, circuses, museums, houses and palaces of culture, concert and exhibition halls, libraries, lecture halls, planetariums and at a distance closer than one hundred meters from the buildings they occupy , buildings, structures;
7) in physical culture and recreation, sports facilities and at a distance closer than one hundred meters from such facilities, with the exception of the cases provided for in part 6 of this article;
(as amended by Federal Law No. 235-FZ of July 21, 2014)
8) in the information and telecommunication network "Internet".
(Clause 8 introduced by Federal Law No. 119-FZ of 20.07.2012)
2.1. Advertising of alcoholic beverages with an ethyl alcohol content of five or more percent of the volume of finished products is permitted only in stationary trading facilities in which retail sale of alcoholic beverages is carried out, including in the tasting rooms of such trading facilities. Advertising of wine and sparkling wine (champagne) produced in the Russian Federation from grapes grown in the territory of the Russian Federation is allowed at exhibitions of food products (except for baby food) and exhibitions of public catering organizations.
(Part 2.1 was introduced by Federal Law No. 218-FZ of July 18, 2011 (as revised on July 20, 2012), as revised by Federal Law No. 490-FZ of December 31, 2014)
3. Advertising of alcoholic products in each case must be accompanied by a warning about the dangers of its excessive consumption, and such a warning must be allocated at least ten percent of the advertising space (space).
4. Advertising campaigns, accompanied by the distribution of samples of alcoholic beverages, are allowed in compliance with the requirements established by the legislation of the Russian Federation on advertising, only in stationary trade facilities, including in the tasting rooms of such trade facilities. At the same time, it is prohibited to involve minors in the distribution of samples of alcoholic beverages and to offer them these samples.
(Part 4 as amended by Federal Law No. 218-FZ dated 18.07.2011)
5. Advertising about holding a stimulating event, the condition for participation in which is the purchase of alcoholic beverages, is not allowed, with the exception of specialized incentive events carried out in order to sell alcoholic beverages.
(Part 5 is introduced by Federal Law No. 218-FZ, dated 18 July 2011)
6 - 7. Abolished from January 1, 2019. - Federal Law dated July 21, 2014 No. 235-FZ.
8. It is allowed to place, distribute advertisements of wine and sparkling wine (champagne) produced in the Russian Federation from grapes grown in the territory of the Russian Federation, in television programs and in radio programs (except for live broadcast or in the recording of children's and youth sports competitions) from 23 until 7:00 local time.
(Part 8 is introduced by Federal Law No. 490-FZ, dated 31 December 2014)
Article 22. Abolished. - Federal Law of 18.07.2011 No. 218-FZ.
Article 23. Abolished from November 15, 2013. - Federal Law dated 21.10.2013 No. 274-FZ.
Article 24. Advertising of medicines, medical devices and medical services, methods of prevention, diagnosis, treatment and medical rehabilitation, methods of traditional medicine
(as amended by Federal Laws dated 23.07.2013 No. 200-FZ, dated 25.11.2013 No. 317-FZ)
4) create an idea of the advantages of the advertising object by referring to the fact of conducting research that is mandatory for state registration of the advertising object;
6) contribute to the creation of a healthy person's impression of the need to use the object of advertising;
7) create the impression that it is unnecessary to see a doctor;
8) guarantee the positive effect of the advertised object, its safety, effectiveness and the absence of side effects;
2. The requirements of clause 6 of part 1 of this article do not apply to advertising of medicinal products used for the prevention of diseases.
3. The requirements of clauses 2 - 5 of part 1 of this article also apply to advertising of medical services, including advertising of methods of prevention, diagnosis, treatment and medical rehabilitation.
(Part 3 as amended by Federal Law No. 317-FZ, dated 25 November 2013)
3.1. The requirements of paragraphs 2 - 5 and 7 of part 1 of this article also apply to advertising of traditional medicine methods.
(Part 3.1 was introduced by Federal Law No. 317-FZ, dated 25 November 2013)
4. The requirements of clauses 1 - 8 of part 1 of this article also apply to advertising of medical devices.
(as amended by Federal Law No. 200-FZ dated 23.07.2013)
5. The requirements of clauses 2 and 3 of part 1 of this article do not apply to advertisements distributed in places where medical or pharmaceutical exhibitions, seminars, conferences and other similar events are held, as well as in specialized printed publications intended for medical and pharmaceutical workers, and to other advertisements. , whose consumers are exclusively medical and pharmaceutical workers.
6. Notification in advertising about the properties and characteristics, including the methods of application and use, of drugs and medical devices is allowed only within the limits of the indications contained in the duly approved instructions for the use and use of such advertising objects.
(as amended by Federal Law No. 200-FZ dated 23.07.2013)
7. Advertising of medicinal products, medical services, including methods of prevention, diagnosis, treatment and medical rehabilitation, medical devices must be accompanied by a warning about the presence of contraindications to their use and use, the need to read the instructions for use or obtain expert advice. In advertisements distributed in radio programs, the duration of such a warning must be at least three seconds, in advertisements distributed in television programs and during film and video services, at least five seconds and at least seven percent of the frame area must be allocated, and in advertising distributed in other ways - at least five percent of the advertising space (advertising space). The requirements of this part do not apply to advertising distributed in places of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, as well as in specialized printed publications intended for medical and pharmaceutical workers, and to other advertising, the consumers of which are exclusively medical and pharmaceutical workers.
(as amended by Federal Laws dated 23.07.2013 No. 200-FZ, dated 25.11.2013 No. 317-FZ)
8. Advertising of medicinal products in prescription forms and dosages for medicinal products, methods of prophylaxis, diagnostics, treatment and medical rehabilitation, as well as medical devices for the use of which special training is required, shall not be allowed except in places where medical or pharmaceutical exhibitions are held. , seminars, conferences and other similar events and in specialized printed publications intended for medical and pharmaceutical workers.
(as amended by Federal Laws dated 23.07.2013 No. 200-FZ, dated 25.11.2013 No. 317-FZ, dated 28.06.2014 No. 190-FZ)
9. Advertising of medicinal products containing narcotic drugs or psychotropic substances permitted for use for medical purposes, included in the list of narcotic drugs and psychotropic substances, the circulation of which in the Russian Federation is limited and in respect of which control measures are established in accordance with the legislation of the Russian Federation and international treaties Of the Russian Federation, and the list of psychotropic substances, the circulation of which in the Russian Federation is limited and in respect of which certain control measures may be excluded in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation, is prohibited, with the exception of advertising of such medicinal products in places where medical or pharmaceutical exhibitions are held. , seminars, conferences and other similar events and in specialized printed publications intended for medical and pharmaceutical workers.
11 - 12. Abolished. - Federal Law of November 25, 2013 No. 317-FZ.
Article 25. Advertising of biologically active additives and food additives, baby food products
1) create the impression that they are drugs and (or) have medicinal properties;
4) encourage the rejection of a healthy diet;
5) create an impression of the advantages of such additives by referring to the fact of conducting studies that are mandatory for state registration of such additives, and also use the results of other studies in the form of a direct recommendation for the use of such additives.
1.1. Advertising of dietary supplements in each case must be accompanied by a warning that the advertised object is not a drug. In this advertisement distributed in radio programs, the duration of such a warning must be at least three seconds, in advertisements distributed in television programs, during film and video services, at least five seconds, and such warning must be allotted at least seven percent. the area of the frame, and in advertising distributed in other ways - at least ten percent of the advertising area (space).
(Part 1.1 is introduced by Federal Law No. 200-FZ, dated 23 July 2013)
2. Advertising of baby food products should not represent them as full-fledged substitutes for human milk and contain a statement about the benefits of artificial feeding of children. Advertising of products intended for use as breast milk substitutes and products included in the diet of a child during his first year of life should contain information about age restrictions for the use of such products and a warning about the need for professional advice.
Article 26. Advertising of military products and weapons
1) military products, with the exception of advertising such products in order to carry out military-technical cooperation of the Russian Federation with foreign states;
2) weapons not specified in parts 3 - 5 of this article.
2. The production, placement and distribution of advertising for military products for the purpose of military-technical cooperation of the Russian Federation with foreign states is carried out in accordance with the legislation of the Russian Federation on military-technical cooperation of the Russian Federation.
3. Advertising of service weapons and cartridges for them is allowed only in specialized printed publications for users of such weapons, in places of production, sale and display of such weapons, as well as in places designated for firing weapons.
4. Advertising of combat hand-held small arms, cartridges for them, edged weapons is allowed in specialized publications, in places of production, sale and display of such weapons, as well as in places designated for firing weapons.
1) in periodicals, on the covers and in the imprint of which there is information on the specialization of these publications in messages and advertising materials, as well as in specialized printed publications for users of civilian weapons;
2) in places of production, sale and display of such weapons, as well as in places designated for firing weapons;
3) in television and radio programs from 10 pm to 7 am local time.
1) directly or indirectly disclose information constituting a state secret, including information related to production technology, methods of combat and other use of this weapon;
2) contact minors;
3) use images of minors.
Article 27. Advertising of risk-based games, bets
1) contact minors;
2) create the impression that participation in risk-based games, betting is a way of earning or receiving other income, or another way of earning a livelihood;
6) condemn non-participation in risk-based games, bets;
7) create the impression that the receipt of winnings is guaranteed;
8) use images of people and animals.
1) in television and radio programs from 10 pm to 7 am local time, with the exception of the case provided for in part 2.1 of this article;
(as amended by Federal Law No. 44-FZ dated 28.03.2017)
2) in buildings, structures, structures in which such games, bets are held, with the exception of transport infrastructure facilities (railway stations, airports, metro stations and other similar facilities);
3) in periodicals, the covers and imprint of which contain information on the specialization of these publications in messages and advertising materials, as well as in periodicals intended for employees of the organizer of gambling and (or) participants in such games located in the borders of gambling zones created in accordance with Federal Law No. 244-FZ of December 29, 2006 "On State Regulation of Activities for the Organization and Conduct of Gambling and on Amendments to Certain Legislative Acts of the Russian Federation".
2.1. It is allowed to distribute advertising of risk-based games, bets carried out by organizers of gambling in bookmakers, and (or) means of individualization of organizers of gambling in bookmakers during live broadcast or in the recording of sports competitions (including sports matches, games, fights, races), provided that the total duration of such advertising is not more than twenty percent of the total admissible broadcast time of advertising during the broadcast of sports competitions, established in accordance with Parts 3 and 9 of Article 14, Parts 2 and 8 of Article 15 of this Federal Law.
(Part 2.1 was introduced by Federal Law No. 44-FZ, dated 28 March 2017)
2.2. In addition to the cases provided for in part 2 of this article, placement, distribution of advertising is allowed:
1) risk-based games, bets carried out by organizers of gambling in bookmakers, and (or) means of individualization of organizers of gambling in bookmakers:
a) in periodicals specializing in materials and messages of a physical culture and sports nature;
b) in public information and telecommunication networks (including the Internet):
on sites registered as online publications specializing in materials and messages of a physical culture and sports nature;
on the official websites of all-Russian sports federations or professional sports leagues;
on sites owned by the founder of a sports TV channel, which is not a TV channel, access to which is carried out exclusively on a paid basis and (or) using decoding technical devices;
2) means of individualization of organizers of gambling in bookmakers:
a) in sports facilities;
b) on the sports uniform of athletes and (or) sports clubs.
(Part 2.2 was introduced by Federal Law No. 44-FZ, dated 28 March 2017)
3. The requirements of parts 1 and 2 of this article shall apply respectively to advertising of the organizer of gambling, advertising of services related to gambling and advertising of a gambling establishment, including advertising of places where activities for the provision of services related to gambling are carried out. At the same time, the requirements of clause 8 of part 1 and clauses 1 and 2 of part 2 of this article shall not apply to advertising of the organizer of gambling, advertising of services related to gambling, advertising of a gambling establishment, including advertising of places where activities for the provision of services related to gambling are carried out, and advertising gambling, distributed exclusively among persons located within the boundaries of gambling zones created in accordance with the Federal Law specified in clause 3 of part 2 of this article.
(Part 3 as amended by Federal Law No. 70-FZ dated 13.05.2008)
4. The requirements of clause 8 of part 1 and part 2 of this article do not apply to advertising of lotteries.
(as amended by Federal Law No. 416-FZ of 28.12.2013)
1) an indication of the timing of the drawing of prizes in the process of conducting risk-based games, bets;
(as amended by Federal Law No. 70-FZ dated 13.05.2008)
2) a source of information about the organizer of risk-based games, bets, about the rules for their conduct, about the prize fund of such games, bets, about the number of prizes or winnings, about the timing, place and procedure for receiving prizes or winnings.
Article 28. Advertising of financial services and financial activities
(as amended by Federal Law No. 460-FZ of December 29, 2014)
1. Advertising of banking, insurance and other financial services and financial activities must contain the name or name of the person providing these services or carrying out this activity (for a legal entity - the name, for an individual entrepreneur - the last name, first name and (if any) patronymic).
(Part 1 as amended by Federal Law No. 460-FZ of December 29, 2014)
2) keep silent about other conditions for the provision of the relevant services that affect the amount of income that the persons using the services will receive, or the amount of expenses that the persons using the services will incur, if at least one of such conditions is announced in the advertisement.
3. If an advertisement for services related to the provision of a loan or loan, the use of it and the repayment of a loan or loan contains at least one condition affecting its cost, such advertising must contain all other conditions that determine the full cost of the loan (loan), determined in in accordance with the Federal Law "On Consumer Credit (Loan)" for the borrower and affecting it.
(as amended by Federal Law No. 375-FZ dated 21.12.2013)
4. Advertising of services related to the implementation of management, including trust management, of assets (including securities, investment reserves of joint-stock investment funds, mutual funds, pension reserves of non-state pension funds, pension savings, mortgage coverage, savings for housing for military personnel ), should contain:
1) the source of information subject to disclosure in accordance with federal law;
2) information about the place or address (phone number) where, prior to the conclusion of the relevant agreement, interested parties can familiarize themselves with the terms of asset management, receive information about the person in charge of asset management, and other information that must be provided in accordance with federal law and other regulatory legal acts of the Russian Federation.
1) non-documented information, if it is directly related to asset management;
2) information on the results of asset management, including their change or comparison in the past and (or) at the current moment, not based on profitability calculations determined in accordance with the regulations of the Central Bank of the Russian Federation;
(Clause 2 as amended by Federal Law No. 251-FZ dated 23.07.2013)
3) information on guarantees of the reliability of possible investments and the stability of the size of possible incomes or costs associated with these investments;
4) information on the possible benefits associated with the methods of asset management and (or) the implementation of other activities;
5) statements about the possibility of achieving in the future the results of asset management, similar to the results achieved.
5.1. Advertising encouraging the conclusion of transactions with Forex dealers must contain the following instruction: "The proposed contracts or financial instruments are high-risk and may lead to the loss of the deposited funds in full. Before making transactions, you should familiarize yourself with the risks associated with them. . ". The public announcement of prices (the procedure for determining prices), as well as other essential terms of the agreement, is not an advertisement encouraging the conclusion of transactions with Forex dealers.
(Part 5.1 was introduced by Federal Law No. 460-FZ, dated 29 December 2014)
1) the address of the site in the information and telecommunication network "Internet", on which the information is disclosed by the operator of the investment platform;
2) an indication that the conclusion of contracts using the investment platform under which investments are attracted is high-risk and may lead to the loss of the invested funds in full.
(Part 5.2 was introduced by Federal Law No. 259-FZ dated 02.08.2019)
1) provision of loans;
2) acquisition of the placed shares of a non-public joint-stock company and equity securities convertible into shares of a non-public joint-stock company;
3) the acquisition of utilitarian digital rights.
(Part 5.3 was introduced by Federal Law No. 259-FZ dated 02.08.2019)
6. Advertising related to the attraction of funds from individuals for the construction of housing is not allowed, with the exception of advertising related to the attraction of funds on the basis of an agreement for participation in shared construction, advertising of housing and housing construction cooperatives, advertising related to the attraction and use of housing savings cooperatives of individuals' funds for the purchase of residential premises.
7. Advertising related to attracting funds from participants in shared construction for the construction (creation) of apartment buildings and (or) other real estate objects must contain information about the location of the project declaration provided for by federal law, the firm name (name) of the developer or specified in the project declarations individualizing the developer of a commercial designation. Advertising related to attracting funds from participants in shared construction for the construction (creation) of apartment buildings and (or) other real estate objects may contain a commercial designation that individualizes the object (group of objects) of capital construction (in the case of the construction of apartment buildings - the name of the residential complex), if such a commercial designation (name of the residential complex) is indicated in the project declaration.
(Part 7 as amended by Federal Law No. 304-FZ dated 03.07.2016)
8. Advertising related to the attraction of funds from participants in shared construction for the construction (creation) of apartment buildings and (or) other real estate objects is not allowed until a permit for the construction of an apartment building and (or) other real estate object is issued in accordance with the established procedure, state registration of rights ownership or the right to lease, sublease to a land plot on which the construction (creation) of an apartment building and (or) other real estate object, which will include shared construction objects, obtain an opinion authorized to exercise state control (supervision) in the field of shared construction apartment buildings and (or) other real estate objects of the executive authority of the constituent entity of the Russian Federation, on the territory of which the construction (creation) of the corresponding apartment building and (or) other real estate object is carried out, on the compliance of the developer and the design declarations to the requirements established by Federal Law No. 214-FZ of December 30, 2004 "On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation", if such an opinion is provided for by the said Federal Law.
(as amended by Federal Laws dated 03.07.2016 No. 304-FZ, dated 29.07.2017 No. 218-FZ)
9. Advertising related to attracting funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate object is not allowed during the period of suspension in accordance with federal law of the developer's activities related to attracting funds from participants in shared construction for construction (creation) of an apartment building and (or) other real estate object.
10. The requirements of parts 7 - 9 of this article also apply to advertising related to the assignment of rights of claims under an agreement for participation in shared construction.
1) information on the procedure for covering the losses incurred by the members of the housing savings cooperative;
2) information on the inclusion of a housing savings cooperative in the register of housing savings cooperatives;
3) the address of the site in the public information and telecommunications network (including the Internet), on which the information is disclosed by the housing savings cooperative.
12. In advertising related to the attraction and use of funds from individuals for the purchase of residential premises by a housing savings cooperative, it is not allowed to guarantee the timing of the acquisition or construction of residential premises by such cooperative.
13. Advertising services for the provision of consumer loans by persons who do not carry out professional activities for the provision of consumer loans in accordance with the Federal Law "On Consumer Credit (Loan)" is not allowed.
(Part 13 is introduced by Federal Law No. 375-FZ, dated 21 December 2013)
14. If the provision of banking, insurance and other financial services or the implementation of financial activities can only be carried out by persons who have the appropriate licenses, permits, accreditation, or are included in the relevant register or are members of the relevant self-regulatory organizations, advertising of these services or activities provided or carried out by persons, not meeting these requirements is not allowed.
(Part 14 is introduced by Federal Law No. 460-FZ, dated 29 December 2014)
Article 29. Advertising of securities
1) the name of the issuer;
2) a source of information to be disclosed in accordance with the legislation of the Russian Federation on securities.
1) a promise to pay dividends on shares, as well as income on other securities, with the exception of income, the obligation of payment of which is provided for by a decision on the issue or additional issue of equity securities, the rules of trust management of unit investment funds or the rules of trust management of mortgage coverage, or is fixed in securities papers;
2) forecasts of growth in the market value of securities.
6. Advertising of equity securities shall not be allowed prior to the registration of their prospectus, unless, in accordance with federal law, registration of their prospectus is not required for public placement or public circulation of equity securities.
8. Advertising of exchange-traded bonds before the date of their admission by the exchange to trading during the placement of exchange-traded bonds is not allowed. Advertising of exchange-traded bonds placed under the bond program is not allowed until the exchange has registered the exchange-traded bond program.
(Part 8 was introduced by Federal Law of 09.02.2007 No. 18-FZ, as amended by Federal Laws of 21.11.2011 No. 327-FZ, dated 21.07.2014 No. 218-FZ, dated 27.12.2018 No. 514-FZ)
Article 30. Advertising of services for the conclusion of rent contracts, including a contract of lifelong maintenance with dependents
1) expression of gratitude by individuals who have entered into such agreements;
2) a statement that the conclusion of such contracts has advantages over the will of a dwelling or other property;
3) condemnation of family members and close relatives of a potential consumer of such services, allegedly not taking care of him;
4) mention of gifts for individuals who have made a decision to conclude rent contracts with an advertiser or another person.
2. In the event that the advertiser is an intermediary in the conclusion of rental agreements, including a contract of lifelong maintenance with a dependent, the advertisement of services for the conclusion of such agreements must contain an indication that another person will be the payer of the rent under such agreements.
Article 30.1. Advertising of the activities of mediators to ensure the conduct of the mediation procedure
(introduced by the Federal Law of July 27, 2010 No. 194-FZ)
1. Advertising of the activities of mediators to ensure the conduct of the mediation procedure who have not undergone training in an additional professional program in the field of mediation and do not have documents confirming such training issued by the relevant non-profit organization that trains mediators is not allowed.
2. Advertising of the activities of mediators to ensure the conduct of the mediation procedure must contain information about the documents confirming that the mediator has completed training in an additional professional program in the field of mediation, and the advertisement of the activities of the organization carrying out activities to ensure the conduct of the mediation procedure should contain information about the rules for conducting mediation procedures, standards and rules of professional activity of mediators.
(as amended by Federal Law dated 02.07.2013 No. 185-FZ)
3. Advertising of the activities of mediators to ensure the conduct of the mediation procedure should not contain a statement that the use of the mediation procedure as a way of settling a dispute has advantages over the resolution of a dispute in court, arbitration court or arbitration court.
Article 30.2. Advertising in the field of arbitration (arbitration proceedings)
(introduced by Federal Law No. 531-FZ dated December 27, 2018)
Advertising of the activities of persons who, in accordance with the legislation of the Russian Federation, have not received the right to exercise the functions of a permanent arbitration institution for the implementation of arbitration, including activities for the implementation of arbitration by an arbitration tribunal formed by the parties to resolve a specific dispute, including on the Internet ", not allowed.
Chapter 4. Self-regulation in the field of advertising
Article 31. Self-regulatory organizations in the field of advertising
A self-regulatory organization in the field of advertising is an association of advertisers, advertising producers, advertising distributors and other persons created in the form of an association, union or non-profit partnership in order to represent and protect the interests of its members, develop requirements for compliance with ethical standards in advertising and ensure control over their implementation.
Article 32. Rights of a self-regulatory organization in the field of advertising
1) represent the legitimate interests of members of a self-regulatory organization in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies;
2) participate in the consideration by the antimonopoly body of cases initiated on grounds of violation by members of a self-regulatory organization of the legislation of the Russian Federation on advertising;
3) to appeal to the appropriate court the normative legal acts of the federal bodies of state power, the normative legal acts of the bodies of state power of the constituent entities of the Russian Federation, the normative legal acts of the bodies of local self-government;
4) apply to the members of the self-regulatory organization the measures of responsibility provided for by the constituent and other documents of the self-regulatory organization, including exclusion from the members of the self-regulatory organization;
6) exercise control over the professional activities of members of a self-regulatory organization in terms of compliance with the requirements of this Federal Law and the rules for professional activities in the field of advertising, including the requirements of professional ethics;
7) consider complaints about the actions of a member of a self-regulatory organization;
8) develop and establish requirements for persons wishing to join a self-regulatory organization;
9) collect, process and store information on the activities of the members of the self-regulatory organization, the disclosure of which is carried out in the form of reports in the manner and with the frequency established by the constituent and other documents of the self-regulatory organization;
10) maintain a register of persons who are members of a self-regulatory organization.
Chapter 5. State supervision in the field of advertising and liability for violation of the legislation of the Russian Federation on advertising
Article 33. Powers of the Antimonopoly Body to Exercise State Supervision in the Sphere of Advertising
(as amended by Federal Law No. 242-FZ of 18.07.2011)
1. The antimonopoly body, within the limits of its powers, exercises state supervision over compliance with the legislation of the Russian Federation on advertising, including:
(as amended by Federal Law No. 242-FZ of 18.07.2011)
1) warns, detects and suppresses violations by individuals or legal entities of the legislation of the Russian Federation on advertising;
2) initiates and considers cases on the grounds of violation of the legislation of the Russian Federation on advertising.
2. The antimonopoly body has the right to:
2) issue to federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies binding instructions on the cancellation or amendment of acts issued by them and contradicting the legislation of the Russian Federation on advertising;
3) bring claims to a court or an arbitration court to prohibit the distribution of advertising carried out in violation of the legislation of the Russian Federation on advertising;
4) file claims with a court or an arbitration court for public refutation of unreliable advertising (counter-advertising) in the case provided for by Part 3 of Article 38 of this Federal Law;
5) apply to an arbitration court with applications for invalidating, in whole or in part, non-normative acts of federal executive bodies, non-normative acts of executive bodies of the constituent entities of the Russian Federation, non-normative acts of local self-government bodies that contradict the legislation of the Russian Federation on advertising;
6) apply to the appropriate court with applications for invalidation in full or in part of regulatory legal acts of federal executive bodies, regulatory legal acts of executive bodies of the constituent entities of the Russian Federation, regulatory legal acts of local self-government bodies that are completely or in part contrary to the legislation of the Russian Federation on advertising;
(as amended by Federal Law of 04.06.2014 No. 143-FZ)
7) apply measures of responsibility in accordance with the legislation of the Russian Federation on administrative offenses;
8) apply to an arbitration court with applications for invalidating a permit to install an advertising structure in the case provided for by Clause 1 of Part 20 of Article 19 of this Federal Law;
9) issue to the local self-government bodies of the municipal district or the local self-government bodies of the city district binding orders on the cancellation of a permit for the installation of an advertising structure;
(Clause 9 was introduced by Federal Law No. 193-FZ of July 21, 2007)
10) is no longer valid. - Federal Law dated July 21, 2014 No. 264-FZ;
11) organize and conduct inspections of compliance with the requirements of the legislation of the Russian Federation on advertising by state authorities, local authorities, advertisers, advertising producers and advertising distributors (hereinafter - legal entities, individual entrepreneurs).
(Clause 11 was introduced by Federal Law No. 242-FZ of 18.07.2011)
3. Officials of the antimonopoly body exercising state supervision in the field of advertising, in accordance with the powers vested in them, have the right to visit buildings, premises used legal entities, individual entrepreneurs, in order to carry out control measures, obtain documents and information required during the audit.
(Part 3 is introduced by Federal Law No. 242-FZ, dated 18 July 2011)
Article 34. Submission of information to the antimonopoly authority
1. Legal entities, individual entrepreneurs are obliged to submit to the antimonopoly body (its officials), at its motivated request, within the established time limit, the necessary documents, materials, explanations, information in written and (or) oral form (including information constituting commercial, official and other secrets protected by law), including official correspondence in electronic form, as well as provide authorized officials of the antimonopoly body with access to such information.
(Part 1 as amended by Federal Law No. 242-FZ of 18.07.2011)
2. Failure to comply with the requirements of part 1 of this article entails the responsibility of the guilty persons in accordance with the legislation of the Russian Federation on administrative offenses.
Article 35. Obligations of the antimonopoly body to observe commercial, official and other secrets protected by law
1. Information constituting commercial, official and other secrets protected by law and received by the antimonopoly body in the exercise of its powers shall not be subject to disclosure, with the exception of cases stipulated by federal law.
2. Disclosure by employees of the antimonopoly body of information constituting commercial, official and other secrets protected by law entails liability in accordance with the legislation of the Russian Federation on administrative offenses or the criminal legislation of the Russian Federation. Losses caused by such disclosure are subject to compensation in accordance with civil law.
Article 35.1. Organization and conduct of audits in the field of advertising
(introduced by the Federal Law of 18.07.2011 No. 242-FZ)
2. The provisions of the Federal Law of December 26, 2008 No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control" (supervision) and municipal control "taking into account the specifics of the organization and conduct of inspections established by parts 3 - 6 of this article.
3. The subject of the audit is compliance by legal entities, individual entrepreneurs with the requirements established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation on advertising (hereinafter referred to as mandatory requirements), in the process of carrying out activities in the field of advertising.
4. The grounds for an unscheduled inspection are:
1) the grounds specified in clauses 1, 2.1 and 3 of part 2 of article 10 of the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control";
2) a reasoned presentation by an official of the antimonopoly body based on the results of the analysis of the results of monitoring compliance with mandatory requirements when distributing advertising, consideration or preliminary verification of applications and applications received by the antimonopoly body from citizens, including individual entrepreneurs, legal entities, information from public authorities, officials persons of the antimonopoly body, local self-government bodies, from the media on the facts of violation of mandatory requirements.
(Part 4 as amended by Federal Law dated 03.07.2018 No. 182-FZ)
5. The term of the inspection may not exceed twenty working days. In exceptional cases, connected with the need to carry out complex and (or) lengthy special examinations and investigations on the basis of motivated proposals of the officials conducting the inspection, the term for the inspection may be extended by the head of the antimonopoly body, but not more than ten working days.
6. Preliminary notification of a legal entity, individual entrepreneur about an unscheduled field inspection on the basis specified in paragraph 2 of part 4 of this article is not allowed.
(as amended by Federal Law dated 03.07.2018 No. 182-FZ)
Article 36. Decisions and orders of the antimonopoly body based on the results of consideration of cases initiated on grounds of violation of the legislation of the Russian Federation on advertising
1. The antimonopoly body, within the limits of its powers, initiates and considers cases on grounds of violation of the legislation of the Russian Federation on advertising, makes decisions based on the results of considering such cases and issues instructions provided for by this Federal Law.
2. The antimonopoly body, on its own initiative, on the proposal of the prosecutor, on requests from state authorities or local self-government bodies, as well as on applications from individuals or legal entities, initiates proceedings on grounds of violation of the legislation of the Russian Federation on advertising.
3. An order to stop violating the legislation of the Russian Federation on advertising is issued on the basis of a decision of the antimonopoly body to declare advertising inappropriate and must contain an indication of stopping its distribution.
4. An order to stop violating the legislation of the Russian Federation on advertising is subject to execution within the time period specified in the order. This period cannot be less than five days from the date of receipt of the order.
5. An order to stop violating the legislation of the Russian Federation on advertising shall be deemed unfulfilled if, after the expiration of the term for the execution of such an order, the distribution of inappropriate advertising continues.
6. An order to cancel or amend an act of a federal executive body, an act of an executive body of a constituent entity of the Russian Federation or an act of a local self-government body that contradicts the legislation of the Russian Federation on advertising is issued on the basis of a decision of the antimonopoly body on the contradiction of such an act with the legislation of the Russian Federation on advertising. An order to amend an act of a federal executive body, an act of an executive body of a constituent entity of the Russian Federation or an act of a local self-government body that contradicts the legislation of the Russian Federation on advertising must indicate the changes that should be made to such an act in order to bring it into line with the legislation of the Russian Federation on advertising ...
7. An order to cancel or change an act of a federal executive body, an act of an executive body of a constituent entity of the Russian Federation, or an act of a local self-government body that contradicts the legislation of the Russian Federation on advertising shall be executed within the time period specified in the order. Such a period may not be less than a month from the date of receipt of the order by the federal executive body, the executive body of the constituent entity of the Russian Federation or local self-government body.
8. Failure to comply with the orders of the antimonopoly authority issued on the basis of this Federal Law entails liability in accordance with the legislation of the Russian Federation on administrative offenses.
9. Consideration by the antimonopoly body of cases initiated on grounds of violation of the legislation of the Russian Federation on advertising is carried out in the manner established by the Government of the Russian Federation.
10. Abolished. - Federal Law dated July 21, 2014 No. 264-FZ.
Article 37. Challenging decisions and orders of the antimonopoly authority
1. The decision, order of the antimonopoly body may be challenged in court or arbitration court within three months from the date of the decision, issue of the order.
2. Submission of an application for invalidation of a decision or order of the antimonopoly body shall not suspend the execution of the decision or order, unless the court or arbitration court issues a ruling to suspend the execution of the decision or order.
3. The decision of the antimonopoly body on the application of measures of administrative responsibility for violation of the legislation of the Russian Federation on advertising may be appealed, contested in the manner established by the legislation of the Russian Federation.
Article 38. Responsibility for violation of the legislation of the Russian Federation on advertising
1. Violation of the legislation of the Russian Federation on advertising by individuals or legal entities entails liability in accordance with civil legislation.
2. Persons whose rights and interests have been violated as a result of the distribution of inappropriate advertising have the right to apply in accordance with the established procedure to a court or arbitration court, including with claims for compensation for losses, including lost profits, for compensation for harm caused to the health of individuals and (or ) property of individuals or legal entities, on compensation for moral damage, on public refutation of inaccurate advertising (counter-advertising).
3. If the antimonopoly body establishes the fact of spreading false advertising and issues a corresponding order, the antimonopoly body has the right to apply in accordance with the established procedure to a court or arbitration court with a claim against the advertiser for public refutation of false advertising (counter-advertising) at the expense of the advertiser. In this case, the court or the arbitration court shall determine the form, place and terms of posting such a refutation.
4. Violation by advertisers, advertising producers, advertising distributors of the legislation of the Russian Federation on advertising entails liability in accordance with the legislation of the Russian Federation on administrative offenses.
5. Federal laws may establish other measures of responsibility for intentional violation of the legislation of the Russian Federation on advertising.
6. The advertiser is liable for violation of the requirements established by parts 2 - 8, 12 of article 5, articles 6 - 9, parts 4 - 6 of article 10, article 12, part 3 of article 19, parts 2 and 6 of article 20, parts 1, 3 , 5 of Article 21, Articles 24 and 25, Parts 1 and 6 of Article 26, Parts 1 and 5 of Article 27, Articles 28-30.2 of this Federal Law.
(as amended by Federal Laws dated 03.06.2011 No. 115-FZ, dated 18.07.2011 No. 218-FZ, dated 07.05.2013 No. 98-FZ, dated 23.07.2013 No. 200-FZ, dated 21.10.2013 No. 274-FZ , dated 03.07.2016 No. 281-FZ, dated 27.12.2018 No. 531-FZ)
7. The advertising distributor is liable for violation of the requirements established by clause 3 of part 4, clause 6 of part 5, parts 9-10.3, 12 of article 5, articles 7-9, 12, 14-18, parts 2-4 and 9 of article 19, parts 2 - 6 of Article 20, Parts 2 - 5 of Article 21, Parts 7 - 9 of Article 24, Article 25, Parts 1 - 5 of Article 26, Parts 2 and 5 of Article 27, Parts 1, 4, 7, 8, 11 and 13 of Article 28, parts 1, 3, 4, 6 and 8 of Article 29, parts 1 and 2 of Article 30.1 of this Federal Law.
(as amended by Federal Laws dated 23.07.2013 No. 200-FZ, dated 21.10.2013 No. 274-FZ, dated 25.11.2013 No. 317-FZ, dated 21.12.2013 No. 375-FZ, dated 03.07.2016 No. 281-FZ , dated 03.04.2018 No. 61-FZ)
9. The amounts of fines for violation of the legislation of the Russian Federation on advertising and failure to comply with the orders of the antimonopoly authority are credited to the budgets of the budgetary system of the Russian Federation in the following order:
1) to the federal budget - 40 percent;
2) to the budget of the constituent entity of the Russian Federation, on the territory of which a legal entity or individual entrepreneur who violated the legislation of the Russian Federation on advertising is registered - 60 percent.
10. The payment of the fine does not exempt from the execution of the order to terminate the violation of the legislation of the Russian Federation on advertising.
Chapter 6. Final Provisions
Article 39. Entry into force of this Federal Law
1. This Federal Law shall enter into force on July 1, 2006, with the exception of Part 3 of Article 14, Part 2 of Article 20 and Clause 4 of Part 2 of Article 23 of this Federal Law.
2. Part 2 of Article 20 and Item 4 of Part 2 of Article 23 of this Federal Law shall enter into force on January 1, 2007.
4. To establish that in the period from July 1, 2006 to January 1, 2008, the total duration of advertising disseminated in a TV program (including advertising such as TV shops), interruption of a TV program by advertising (including sponsored advertising) and combining advertising with a TV program in a manner "creeping line" or in any other way of its imposition on the frame of the broadcast TV program may not exceed twenty percent of the broadcast time during an hour and fifteen percent of the broadcast 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, the following shall be declared invalid:
1) Federal Law of July 18, 1995 No. 108-FZ "On Advertising" (Collected Legislation of the Russian Federation, 1995, No. 30, Art. 2864);
2) Clause 3 of Article 1 of the Federal Law of June 18, 2001 No. 76-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" (Collected Legislation of the Russian Federation, 2001, No. 26, Art. 2580);
3) Federal Law of December 14, 2001 No. 162-FZ "On Amendments to Article 11 of the Federal Law" On Advertising "(Collected Legislation of the Russian Federation, 2001, No. 51, Art. 4827);
4) paragraphs 23 and 24 of Article 3 of the Federal Law of December 30, 2001 No. 196-FZ "On the Enactment of the Code of the Russian Federation on Administrative Offenses" (Collected Legislation of the Russian Federation, 2002, No. 1, Art. 2);
5) Federal Law of August 20, 2004 No. 115-FZ "On Amendments to Article 16 of the Federal Law" On Advertising "(Collected Legislation of the Russian Federation, 2004, No. 34, Art. 3530);
6) Article 55 of the Federal Law of August 22, 2004 No. 122-FZ "On Amendments to the Legislative Acts of the Russian Federation and the Recognition of Invalidation of Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Laws" On Amendments and Additions to the Federal Law "On general principles of organization of legislative (representative) and executive bodies of state power of constituent entities of the Russian Federation "and" On general principles of organization of local self-government in the Russian Federation "(Collected Legislation of the Russian Federation, 2004, No. 35, Art. 3607);
7) Article 11 of the Federal Law of November 2, 2004 No. 127-FZ "On Amendments to Parts One and Two of the Tax Code of the Russian Federation and some other legislative acts of the Russian Federation, as well as on invalidating certain legislative acts (provisions of legislative acts) Russian Federation "(Collected Legislation of the Russian Federation, 2004, No. 45, Art. 4377);
8) Article 1 of the Federal Law of July 21, 2005 No. 113-FZ "On Amendments to the Federal Law" On Advertising "and Article 14.3 of the Code of the Russian Federation on Administrative Offenses" (Collected Legislation of the Russian Federation, 2005, No. 30, Art. 3124 ).
2. Until the laws and other regulatory legal acts of the Russian Federation in force on the territory of the Russian Federation and regulating relations in the field of advertising are brought into line with this Federal Law, these laws and other regulatory legal acts shall be applied insofar as they do not contradict this Federal Law.
3. Peculiarities of advertising placement (distribution) during the XXII Olympic Winter Games and XI Paralympic Winter Games of 2014 in the city of Sochi are determined by the Federal Law "On the organization and holding of the XXII Olympic Winter Games and XI Paralympic Winter Games of 2014 in the city of Sochi, development the city of Sochi as a mountain climatic resort and amendments to certain legislative acts of the Russian Federation. "
(Part 3 was introduced by Federal Law No. 310-FZ dated 01.12.2007)
4. The specifics of advertising placement (distribution) on the territory of the Skolkovo innovation center are established by the Federal Law On the Skolkovo Innovation Center.
(Part 4 is introduced by Federal Law No. 243-FZ, dated 28 September 2010)
4.1. The specifics of placing (distributing) advertising on the territories of innovative scientific and technological centers are established by the Federal Law "On innovative scientific and technological centers and on amendments to certain legislative acts of the Russian Federation".
(Part 4.1 was introduced by Federal Law No. 216-FZ, dated 29 July 2017)
5. The specifics of placing and distributing advertising on the territory of the Vladivostok urban district during the organization of the meeting of the heads of state and government of the countries participating in the Asia-Pacific Economic Cooperation forum in 2012 in the city of Vladivostok are determined by Federal Law No. 93-FZ dated May 8, 2009 "On the organization of the meeting of the heads of state and government of the countries participating in the Asia-Pacific Economic Cooperation forum in 2012, on the development of the city 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 is introduced by Federal Law No. 56-FZ of 05.04.2011)
6. The specifics of placing and distributing advertising during the preparation and holding of the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup in the Russian Federation are established by the Federal Law "On the preparation and holding of the 2018 FIFA World Cup in the Russian Federation, the FIFA Confederations Cup. 2017, the 2020 UEFA European Football Championship and amendments to certain legislative acts of the Russian Federation. "
(Part 6 as amended by Federal Law No. 100-FZ dated 01.05.2019)
7. The powers of local self-government bodies and public authorities of a constituent entity of the Russian Federation in the field of advertising, established by this Federal Law, may be redistributed between them in the manner prescribed by Part 1.2 of Article 17 of the Federal Law of October 6, 2003 No. 131-FZ "On General Principles organizations of local self-government in the Russian Federation ".
(Part 7 is introduced by Federal Law No. 485-FZ, dated 29 December 2014)
The president
Russian Federation
V. PUTIN
Adopted by the State Duma on February 22, 2006
Approved by the Federation Council on March 3, 2006
Chapter 1. General Provisions
Article 1. Objectives of this Federal Law
The objectives of this Federal Law are the development of markets for goods, works and services on the basis of compliance with the principles of fair competition, ensuring the unity of the economic space in the Russian Federation, exercising the right of consumers to receive fair and reliable advertising, preventing violations of the legislation of the Russian Federation on advertising, as well as suppressing the facts of improper advertising.
Article 2. Scope of this Federal Law
1. This Federal Law applies to relations in the field of advertising, regardless of the place of its production, if the distribution of advertising is carried out on the territory of the Russian Federation.
2. This Federal Law does not apply to:
2) information, the disclosure or distribution or communication of which is mandatory in accordance with federal law;
3) reference and informational and analytical materials (reviews of the domestic and foreign markets, the results of scientific research and testing), which do not have the main goal of promoting goods on the market and are not social advertising;
4) messages of state authorities, other state bodies, messages of local self-government bodies, messages of municipal bodies that are not part of the structure of local self-government bodies, if such messages do not contain information of an advertising nature and are not social advertising;
5) signs and signs that do not contain information of an advertising nature;
6) announcements of individuals or legal entities that are not related to the implementation of entrepreneurial activity;
7) information about the product, its manufacturer, importer or exporter, posted on the product or its packaging;
8) any design elements of the goods placed on the goods or their packaging and not related to other goods;
9) references to the product, the means of its individualization, the manufacturer or seller of the product, which are organically integrated into works of science, literature or art and are not in themselves information of an advertising nature.
3. The provisions of this Federal Law relating to the manufacturer of the goods shall also apply to persons performing work or rendering services.
4. Special requirements and restrictions established by this Federal Law in relation to advertising of certain types of goods also apply to advertising of means of individualization of such goods, their manufacturers or sellers, unless the advertising of means of individualization of an individual product, its manufacturer or seller clearly does not apply to the goods in relation to the advertising of which this Federal Law establishes special requirements and restrictions.
Article 3. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
1) advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at drawing attention to the advertised object, generating or maintaining interest in it and its promotion on the market;
2) the object of advertising is a product, a means of its individualization, a manufacturer or seller of a product, the results of intellectual activity or an event (including a sports competition, concert, competition, festival based on the risk of a game, bet), to which advertising is aimed at drawing attention;
3) goods - a product of activity (including work, service) intended for sale, exchange or other introduction into circulation;
9) sponsor - a person who provided funds or provided funds for organizing and (or) holding a sports, cultural or any other event, creating and (or) broadcasting a television or radio program, or creating and (or) using another result of creative activity;
11) social advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at achieving charitable and other socially useful goals, as well as ensuring the interests of the state;
12) antimonopoly body - the federal antimonopoly body and its territorial bodies.
Article 4. Advertising legislation of the Russian Federation
The legislation of the Russian Federation on advertising consists of this Federal Law. Relations arising in the process of production, placement and distribution of advertising may also be regulated by other federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation adopted in accordance with this Federal Law.
2) defames the honor, dignity or business reputation of a person, including a competitor;
3) represents an advertisement of a product, advertising of which is prohibited in this way, at a given time or in a given place, if it is carried out under the guise of advertising of another product, the trademark or service mark of which is identical or confusingly similar to the trademark or service mark of the product, in relation to advertising of which the corresponding requirements and restrictions have been established, as well as under the guise of advertising the manufacturer or seller of such goods;
4) is an act of unfair competition in accordance with antitrust laws.
2) about any characteristics of the goods, including about its nature, composition, method and date of manufacture, purpose, consumer properties, about the conditions of use of the goods, about the place of its origin, the presence of a certificate of conformity or a declaration of conformity, marks of conformity and circulation marks on market, service life, product shelf life;
3) on the assortment and packaging of goods, as well as on the possibility of purchasing them in a certain place or within a certain period;
4) about the cost or price of the goods, the procedure for paying for it, the amount of discounts, tariffs and other conditions for the purchase of goods;
5) on the terms of delivery, exchange, repair and maintenance of goods;
6) on the warranty obligations of the manufacturer or seller of the goods;
7) on exclusive rights to the results of intellectual activity and equated means of individualization of a legal entity, means of individualization of goods;
8) on the rights to use official state symbols (flags, emblems, anthems) and symbols of international organizations;
9) on official or public recognition, on receiving medals, prizes, diplomas or other awards;
11) on the results of research and testing;
12) on the provision of additional rights or benefits to the purchaser of the advertised product;
15) on the rules and timing of a promotional lottery, competition, game or other similar event, including the deadline for accepting applications for participation in it, the number of prizes or winnings based on its results, the timing, place and procedure for receiving them, as well as source of information about such an event;
16) on the rules and terms for conducting risk-based games, bets, including the number of prizes or winnings based on the results of risk-based games, bets, the timing, place and procedure for receiving prizes or winnings based on the results of risk-based games, bets , about their organizer, as well as about the source of information about risk-based games, bets;
17) on the source of information subject to disclosure in accordance with federal laws;
18) about the place where, prior to the conclusion of an agreement on the provision of services, interested persons can familiarize themselves with the information that must be provided to such persons in accordance with federal laws or other regulatory legal acts of the Russian Federation;
19) about the person who pledged the security;
1) induce to commit illegal actions;
2) call for violence and cruelty;
3) be similar to road signs or otherwise threaten the safety of road, rail, water, air transport;
4) form a negative attitude towards persons who do not use the advertised goods, or condemn such persons.
1) the use of foreign words and expressions that can lead to a distortion of the meaning of information;
3) demonstration of the processes of smoking and consumption of alcoholic beverages, as well as beer and drinks made on its basis;
4) the use of images of medical and pharmaceutical workers, with the exception of such use in advertising of medical services, personal hygiene products, in advertising, the consumers of which are exclusively medical and pharmaceutical workers, in advertising distributed in places where medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertisements placed in print media intended for medical and pharmaceutical workers;
6) an indication of the medicinal properties, that is, a positive effect on the course of the disease, of the object of advertising, with the exception of such indication in the advertisement of medicines, medical services, including methods of treatment, medical products and medical equipment.
6. In advertising, it is not allowed to use swear words, obscene and offensive images, comparisons and expressions, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, emblems, hymns), religious symbols, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, as well as cultural heritage objects included in the World Heritage List.
7. Advertising is not allowed, in which part of the essential information about the advertised product is missing, about the conditions for its purchase or use, if the meaning of the information is distorted and the advertising consumers are misled.
8. Advertising of goods in respect of which the rules of use, storage or transportation or regulations for use are approved in accordance with the established procedure, should not contain information that does not comply with such rules or regulations.
9. It is not allowed to use in radio, television, video, audio and film products or in other products and to distribute hidden advertising, that is, advertising that has an impact on their minds that consumers do not realize, including such impact through the use of special video inserts (double sound recording) and in other ways.
11. During the production, placement and distribution of advertisements, the requirements of the legislation of the Russian Federation, including the requirements of the legislation on the state language of the Russian Federation, legislation on copyright and related rights must be observed.
Article 6. Protection of minors in advertising
In order to protect minors from abuse of their trust and lack of experience, advertising is not allowed:
1) discrediting parents and educators, undermining the trust of minors in them;
2) encouraging minors to persuade their parents or other persons to purchase the advertised product;
3) creating a distorted idea of the availability of goods for a family with any level of income among minors;
4) creating the impression among minors that the possession of the advertised product puts them in a preferable position over their peers;
5) the formation of an inferiority complex in minors who do not possess the advertised product;
6) showing minors in dangerous situations;
7) underestimation of the level of skills necessary for the use of the advertised product among minors of the age group for which this product is intended;
8) the formation in minors of an inferiority complex associated with their external unattractiveness.
1) goods, the production and (or) sale of which is prohibited by the legislation of the Russian Federation;
2) narcotic drugs, psychotropic substances and their precursors;
3) explosives and materials, except for pyrotechnic products;
4) human organs and (or) tissues as objects of sale and purchase;
5) goods subject to state registration, in the absence of such registration;
6) goods subject to mandatory certification or other mandatory confirmation of compliance with the requirements of technical regulations, in the absence of such certification or confirmation of such compliance;
7) goods for the production and (or) sale of which it is required to obtain licenses or other special permits, in the absence of such permits.
Advertising of goods with a remote method of selling them must contain information about the seller of such goods: name, location and state registration number of the entry on the creation of a legal entity; surname, name, patronymic, main state registration number of the record on state registration of an individual as an individual entrepreneur.
Advertising announcing the holding of a promotional lottery, competition, game or other similar event, the condition for participation in which is the purchase of a certain product (hereinafter the incentive event), must indicate:
1) the timing of such an event;
2) a source of information about the organizer of such an event, the rules for its holding, the number of prizes or winnings based on the results of such an event, the timing, place and procedure for receiving them.
1. Advertisers of social advertising can be individuals, legal entities, state authorities, other state bodies and local self-government bodies, as well as municipal bodies that are not part of the structure of local self-government bodies.
2. State authorities, other state bodies and local self-government bodies, as well as municipal bodies that are not part of the structure of local self-government bodies, place orders for the production and distribution of social advertising in accordance with the legislation of the Russian Federation.
3. The conclusion of an agreement for the distribution of social advertising is mandatory for an advertising distributor within five percent of the annual volume of advertising distributed by him (including the total time of advertising distributed in television and radio programs, the total advertising space of the printed publication, the total advertising space of advertising structures). The conclusion of such an agreement is carried out in accordance with the procedure established by the Civil Code of the Russian Federation.
4. In social advertising, it is not allowed to mention specific brands (models, articles) of goods, trademarks, service marks and other means of their individualization, individuals and legal entities, with the exception of mentioning government bodies, other state bodies, about local self-government bodies, about municipal bodies that are not part of the structure of local self-government bodies, and about sponsors.
If, in accordance with the Civil Code of the Russian Federation, an advertisement is recognized as an offer, such an offer is valid for two months from the date of distribution of the advertisement, provided that no other period is specified in it.
Advertising materials or their copies, including all changes made to them, as well as contracts for the production, placement and distribution of advertising must be kept for a year from the date of the last distribution of advertising or from the date of expiration of the validity of such contracts, except for documents in respect of which the legislation of the Russian Federation provides otherwise.
An advertiser, at the request of an advertising distributor, is obliged to provide documented information on the compliance of advertising with the requirements of this Federal Law, including information on the availability of a license, on mandatory certification, and on state registration.
Chapter 2. Features of individual methods of advertising distribution
1. Interruption of a TV program or TV broadcast by advertising, that is, stopping the broadcast of a TV program or TV broadcast to display advertising, must be preceded by a message about the subsequent broadcast of advertising, with the exception of interruption by sponsored advertising.
1) occupy more than seven percent of the frame area;
2) superimposed on subtitles, as well as explanatory inscriptions.
3. The total duration of advertisements distributed in a TV program (including advertising such as TV shops), interruption of a TV program by advertising (including sponsored advertising) and combining advertising with a TV program using a "crawl line" method or in any other way of superimposing it on a TV program frame may not exceed fifteen percent of the broadcast time is within an hour.
1) religious television programs;
2) TV broadcasts of less than fifteen minutes in duration.
5. The TV broadcasts specified in Part 4 of this Article may be interrupted by sponsored advertising immediately at the beginning and immediately before the end of such TV broadcasts, provided that the total duration of such advertising does not exceed thirty seconds.
6. It is not allowed to interrupt with advertising, including sponsored advertising, the broadcast of campaign materials distributed in television programs and television broadcasts in accordance with the legislation of the Russian Federation on elections and the legislation of the Russian Federation on referendum.
7. In children's and educational TV programs, the duration of which is not less than fifteen minutes, advertising may be distributed immediately at the beginning of the TV show for one minute and immediately before the end of the TV show for one minute. In children's and educational TV shows, the duration of which is not less than twenty-five minutes, it is allowed to distribute advertising directly at the beginning of the TV show with a duration of one and a half minutes and immediately before the end of the TV show with a duration of one and a half minutes. In children's and educational TV programs, the duration of which is not less than forty minutes, advertising may be distributed immediately at the beginning of the TV show for two and a half minutes and immediately before the end of the TV show for two and a half minutes. In children's and educational TV programs, the duration of which is one hour or more, it is allowed to distribute advertisements immediately at the beginning of the TV show for three minutes and immediately before the end of the TV show for three minutes.
8. Broadcasting live or recorded of a sports competition (including sports matches, games, fights, races) may be interrupted by advertising, including sponsored advertising, only during breaks during sports events or during their stops.
9. Broadcasting live or in the recording of a sporting event, which does not provide for breaks or stops, may be interrupted by advertising in such a way that the interruption of the broadcast does not lead to the loss of a part of essential information about the sporting event. In this case, the total duration of such advertising may not exceed twenty percent of the actual broadcasting time of the sporting event.
10. Other television broadcasts, including feature films, may be interrupted by advertisements in such a way that the duration of each interruption of said television broadcasts by advertisements does not exceed four minutes.
11. The requirements established by parts 1-10 of this article do not apply to television programs that are registered as mass media specializing in messages and materials of an advertising nature, and are broadcast on the basis of a broadcasting license, provided that the duration of advertising in such television programs is constitutes eighty and more percent of the actual broadcasting time during the day.
12. When broadcasting an advertisement, the level of its sound, as well as the sound level of the message about the subsequent broadcast of the advertisement, must not exceed the average sound level of the TV program or TV show interrupted by the advertisement. The parameters of the ratio between the sound level of advertising and the sound level of the TV program or TV program interrupted by it are determined by the requirements of the technical regulations.
13. In television broadcasts broadcast in accordance with Federal Law No. 7-ФЗ dated January 13, 1995 "On the Procedure for Coverage of the Activities of State Authorities in State Mass Media" (hereinafter - the Federal Law "On the Procedure for Coverage of the Activities of State Authorities in State Media mass media "), advertising is not allowed.
14. The distribution of advertisements on the days of mourning announced in the Russian Federation is not allowed in TV programs.
15. The restrictions established by this Federal Law in relation to advertising of certain types of goods in television programs do not apply to:
16. The requirements of this article do not apply to:
1) information posted in TV programs about TV programs broadcast on the corresponding TV channel;
2) the logo of the TV program and information about this TV program.
1. Interruption of a radio program or radio transmission by advertising must be preceded by a message about the subsequent broadcast of advertising, with the exception of interruption by sponsored advertising.
2. In radio programs not registered as mass media and specializing in messages and materials of an advertising nature, the duration of advertising may not exceed twenty percent of the broadcast time during the day.
3. In radio programs it is not allowed to interrupt the following radio broadcasts with advertisements:
1) religious radio broadcasts;
2) radio broadcasts with a duration of less than fifteen minutes.
4. The radio broadcasts specified in part 3 of this Article may be interrupted by sponsored advertising immediately at the beginning and immediately before the end of the radio broadcast, provided that the total duration of such advertising does not exceed thirty seconds.
5. It is not allowed to interrupt with advertising, including sponsored advertising, the broadcast of campaign materials distributed in radio programs and radio broadcasts in accordance with the legislation of the Russian Federation on elections and the legislation of the Russian Federation on referendum.
6. In children's and educational radio broadcasts, the duration of which is not less than fifteen minutes, advertising may be distributed immediately at the beginning of the radio broadcast for one minute and immediately before the end of the radio broadcast for one minute. In children's and educational radio broadcasts, the duration of which is not less than twenty-five minutes, it is allowed to distribute advertisements immediately at the beginning of the radio broadcast with a duration of one and a half minutes and immediately before the end of the radio broadcast with a duration of one and a half minutes. In children's and educational radio broadcasts, the duration of which is not less than forty minutes, advertising may be distributed immediately at the beginning of the radio broadcast, the duration of which is two and a half minutes, and immediately before the end of the radio broadcast, the duration of which is two and a half minutes. In children's and educational radio broadcasts, the duration of which is one hour or more, advertising may be distributed immediately at the beginning of the radio broadcast for three minutes and immediately before the end of the radio broadcast for three minutes.
7. Radio broadcasts in live or recorded sports events (including sports matches, games, fights, races) may be interrupted by advertisements, including sponsored advertisements, only during breaks during sports events or during their stops.
8. Radio broadcasts on the air or in the recording of a sports event, in which there are no breaks or stops, may be interrupted by advertising in such a way that the interruption of the radio broadcast does not lead to the loss of a part of essential information about the sports event. Moreover, the total duration of such advertising may not exceed twenty percent of the broadcast time of the sporting event.
9. Other radio broadcasts may be interrupted by advertising as many times as the fifteen-minute periods include these radio broadcasts, as well as additionally sponsored advertising immediately at the beginning and immediately before the end of the radio broadcast, provided that the total duration of such sponsored advertising does not exceed thirty seconds.
10. The requirements established by parts 1-9 of this article do not apply to radio programs that are registered as mass media specializing in messages and materials of an advertising nature, and are broadcast on the basis of a broadcasting license, provided that in such radio programs the duration of advertising constitutes eighty and more percent of the actual broadcasting time during the day.
11. When broadcasting an advertisement, the level of its sound, as well as the sound level of the message about the subsequent broadcast of the advertisement, must not exceed the average sound level of the radio program or radio broadcast interrupted by the advertisement. The parameters of the ratio between the sound level of advertising and the sound level of the radio program or radio broadcast interrupted by it are determined by the requirements of the technical regulations.
12. In the radio broadcasts broadcast in accordance with the Federal Law "On the Procedure for Coverage of the Activities of State Authorities in the State Mass Media", the distribution of advertising is not allowed.
13. The distribution of advertisements on the days of mourning announced in the Russian Federation is not allowed in radio programs.
14. The requirements of this article do not apply to:
1) information posted in radio programs about radio broadcasts broadcast on the corresponding radio channel;
2) messages about the name of the radio program and the frequency of its broadcasting, as well as other information about the given radio program.
Placement of advertising text in periodicals that do not specialize in messages and materials of an advertising nature must be accompanied by the mark "advertising" or the mark "for advertising rights". The volume of advertising in such publications should be no more than forty percent of the volume of one issue of periodicals. The requirement to comply with the specified volume does not apply to periodicals that are registered as specializing in messages and materials of an advertising nature and on the cover and in the imprint of which contains information about such specialization.
During film and video services, it is not allowed to interrupt the demonstration of the film by advertising, as well as to combine advertising with the demonstration of the film using the "crawl line" method or in any other way of superimposing it on the frame of the demonstrated film.
1. Dissemination of advertising through telecommunication networks, including through the use of telephone, facsimile, mobile radiotelephone communication, is allowed only subject to the prior consent of the subscriber or addressee to receive advertising. In this case, advertising is recognized as widespread without the prior consent of the subscriber or addressee, unless the advertising distributor proves that such consent has been obtained. An advertising distributor is obliged to immediately stop distributing advertising to the address of the person who applied to him with such a request.
2. It is not allowed to use telecommunication networks to distribute advertisements using means of selection and (or) dialing a subscriber number without human intervention (automatic dialing, automatic distribution).
3. With reference telephone service (both paid and free), including carried out through mobile radiotelephone communication, advertising can be provided only after the message of the reference requested by the subscriber.
4. When providing telephone connections on the basis of a time-based payment system, the time during which advertising is distributed should not be taken into account when determining the cost of such a telephone service.
1. Distribution of outdoor advertising using billboards, stands, building nets, banners, electronic displays, balloons, balloons and other technical means of stable territorial placement (hereinafter - advertising structures), mounted and located on external walls, roofs and other structural elements of buildings , buildings, structures or outside them, as well as stopping points for the movement of public transport is carried out by the owner of the advertising structure, who is an advertising distributor, in compliance with the requirements of this article.
5. Installation and operation of an advertising structure is carried out by its owner under an agreement with the owner of a land plot, building or other immovable property to which the advertising structure is attached, or with a person authorized by the owner of such property, including the tenant.
6. If the real estate, to which the advertising structure is attached, is assigned by the owner to another person on the basis of the right of economic management, the right of operational management or other property rights, the contract for the installation and operation of the advertising structure is concluded with the person having the right of economic management, the right of operational management or other property rights to such immovable property.
7. If the real estate, to which the advertising structure is attached, is transferred by the owner into trust management, the contract for the installation and operation of the advertising structure is concluded with the trustee, provided that the trust management agreement does not restrict the trustee in performing such actions with the relevant property.
8. For the duration of the contract, the owner of the advertising structure has the right to unimpeded access to the real estate to which the advertising structure is attached, and to use this property for purposes related to the exercise of the rights of the owner of the advertising structure, including its operation, maintenance and dismantling.
9. Installation of an advertising structure is allowed if there is a permit for the installation of an advertising structure (hereinafter also referred to as a permit) issued on the basis of an application from the owner or other legal owner of the relevant real estate or owner of an advertising structure specified in parts 5-7 of this article by the local government body of the municipal district or the local government body of the city district, in the territories of which it is planned to install the advertising structure.
10. Installation of an advertising structure without permission (unauthorized installation) is not allowed. In case of unauthorized installation of a new advertising structure, it must be dismantled on the basis of an order of the local government of the municipal district or the local government of the city district, in the territories of which the advertising structure is installed.
11. The application specified in part 9 of this article shall be accompanied by:
1) data on the applicant - an individual or data on the state registration of a legal entity or state registration of an individual as an individual entrepreneur;
2) confirmation in writing of the consent of the owner or other legal owner of the relevant immovable property specified in paragraphs 5-7 of this article to attach an advertising structure to this property, if the applicant is not the owner or other legal owner of the immovable property.
12. The local self-government body of the municipal district or the local self-government body of the urban district is not entitled to require the applicant to submit documents and information not related to the territorial location, appearance and technical parameters of the advertising structure, and also to charge, in addition to the state duty, an additional fee for preparation, registration, the issuance of a permit and the commission of other actions related to the issuance of a permit.
13. The local self-government body of the municipal district or the local self-government body of the urban district independently carries out the coordination with the authorized bodies necessary for making a decision on issuing a permit or refusing to issue it. At the same time, the applicant has the right to independently obtain such an agreement from the authorized bodies and submit it to the local self-government body of the municipal district or the local self-government body of the city district.
14. A written decision on the issuance of a permit or on the refusal to issue it must be sent by the local self-government body of the municipal district or the local self-government body of the city district to the applicant within two months from the date of receipt of the necessary documents from him. An applicant who has not received, within the specified time limit, from a local self-government body of a municipal district or a local self-government body of an urban district, a written decision to issue a permit or to refuse to issue it, within three months has the right to apply to a court or an arbitration court with an application for recognizing the inaction of the relevant local government illegal.
15. The decision to refuse to issue a permit must be motivated and taken by a local government body of a municipal district or a local government body of an urban district solely on the following grounds:
3) violation of the requirements of regulatory enactments on traffic safety;
4) violation of the external architectural appearance of the existing development of a settlement or urban district;
5) violation of the requirements of the legislation of the Russian Federation on cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, their protection and use.
16. If the local self-government body of the municipal district or the local self-government body of the urban district refuses to issue a permit, the applicant, within three months from the date of receipt of the decision to refuse to issue the permit, has the right to apply to the court or the arbitration court with an application to declare such a decision unlawful.
17. A permit is issued by a local self-government body of a municipal district or a local self-government body of an urban district for a period of five years.
18. The local self-government body of the municipal district or the local self-government body of the urban district, the decision to revoke the permit is taken:
1) within a month from the date the owner of the advertising structure sends him a notice in writing about his refusal to further use the permit;
2) within a month from the moment the owner or other legal owner of the immovable property to which the advertising structure is attached to him, a document confirming the termination of the contract concluded between such owner or such owner of the immovable property and the owner of the advertising structure;
3) if the advertising structure has not been installed within a year from the date of issue of the permit;
19. The decision to annul a permit may be appealed to a court or an arbitration court within three months from the date of its receipt.
20. A permit may be declared invalid in a judicial proceeding if:
4) violation of the external architectural appearance of the existing development of a settlement or urban district - at the request of a local government body;
21. In case of cancellation of a permit or its invalidation, the owner of the advertising structure or the owner or other legal owner of the relevant real estate to which such a structure is attached is obliged to dismantle the advertising structure within a month.
22. In case of failure to fulfill the obligation to dismantle the advertising structure, the local self-government body of the municipal district or the local self-government body of the city district has the right to apply to a court or arbitration court with a claim for compulsory dismantling of the advertising structure. If a court or arbitration court makes a decision on the compulsory dismantling of an advertising structure, its dismantling, storage or, if necessary, destruction is carried out at the expense of the owner or other legal owner of the real estate to which the advertising structure was attached. At the request of the owner or other legal owner of such immovable property, the owner of the advertising structure is obliged to reimburse him for reasonable expenses incurred in connection with the dismantling, storage or, if necessary, destruction of the advertising structure.
23. The requirements of this article in terms of obtaining permits do not apply to shop windows, booths, stalls, mobile points of sale, outdoor umbrellas.
24. The provisions of this article, defining the powers of local self-government bodies, apply to intracity municipalities of federal cities of Moscow and St. Petersburg, if, in accordance with Federal Law No. 131-FZ of October 6, 2003 Federation "the laws of the constituent entities of the Russian Federation - cities of federal significance Moscow and St. Petersburg do not establish the procedure according to which these powers are exercised by the state authorities of the indicated constituent entities of the Russian Federation.
1. Placement of advertising on a vehicle is carried out on the basis of an agreement concluded by the advertiser with the owner of the vehicle or a person authorized by him or with a person who has other property rights to the vehicle.
2. The use of vehicles exclusively or primarily as mobile advertising structures is prohibited.
1) special and operational services with a certain color-graphic color provided for by the requirements of technical regulations;
2) equipped with devices for supplying special light and sound signals;
3) federal postal services, on the side surfaces of which there are diagonally white stripes on a blue background;
4) intended for the carriage of dangerous goods.
4. Placing decals on vehicles indicating that they belong to any person is not an advertisement.
5. Advertising placed on vehicles must not pose a threat to traffic safety, including restricting the view of vehicle operators and other road users, and must comply with other requirements of technical regulations.
2) condemn abstinence from the use of alcoholic beverages;
6) use images of minors.
1) on the front and back pages of newspapers, as well as on the front and back pages and covers of magazines;
3) in television and radio programs, in film and video services;
4) on all types of public transport vehicles;
5) using technical means of stable territorial placement (advertising structures), mounted and located on roofs, external walls and other structural elements of buildings, structures, structures or outside them;
3. Advertising of alcoholic products in each case must be accompanied by a warning about the dangers of its excessive consumption, and such a warning must be allocated at least ten percent of the advertising space (space).
4. Advertising campaigns, accompanied by the distribution of samples of alcoholic beverages, are allowed only in organizations engaged in retail sale of alcoholic beverages, in compliance with the requirements established by the legislation of the Russian Federation on advertising. At the same time, it is prohibited to involve minors to participate in the distribution of samples of alcoholic products, and it is also prohibited to offer them such samples.
2) to condemn abstinence from drinking beer and drinks made on its basis;
5) contact minors;
6) use images of people and animals, including those made using animation (animation).
1) in television programs from 7 to 22 hours local time and in radio programs from 9 to 24 hours local time;
2) in print media intended for minors, radio and television broadcasts, audio and video products;
3) for film and video services from 7 am to 8 pm local time;
4) on the first and last pages of newspapers, as well as on the first and last pages and covers of magazines;
5) in the media registered as specializing in ecology, education, health protection;
6) in children's, educational, medical, sanatorium, health resort, military organizations, theaters, circuses, museums, houses and palaces of culture, concert and exhibition halls, libraries, lecture halls, planetariums and at a distance closer than one hundred meters from the buildings they occupy , buildings, structures;
7) in physical culture and recreation, sports facilities and at a distance closer than one hundred meters from such facilities.
3. Advertising of beer and drinks based on it, in each case, must be accompanied by a warning about the dangers of excessive consumption of beer and drinks made on its basis. In advertisements distributed in radio programs, the duration of such a warning must be at least three seconds, in advertisements distributed in television programs and during film and video services, at least five seconds, and such warning must be allocated at least seven percent of the area. frame, and in advertising distributed in other ways - not less than ten percent of the advertising space (space).
4. Carrying out advertising campaigns, accompanied by the distribution of samples of beer and drinks made on its basis, in organizations or places where retail sale of beer and drinks made on its basis is prohibited, is prohibited. When conducting advertising campaigns accompanied by the distribution of samples of beer and drinks made on its basis, in other organizations or places, it is prohibited to involve minors in the distribution of samples and offer them such samples.
2) condemn abstinence from smoking;
3) contact minors;
4) use images of minors.
1) in television and radio programs, in film and video services;
2) in printed publications, audio and video products intended for minors;
3) on the first and last pages of newspapers, as well as on the first and last pages and covers of magazines;
4) using technical means of stable territorial placement (advertising structures), mounted and located on roofs, external walls and other structural elements of buildings, structures, structures or outside them;
5) on all types of public transport vehicles;
6) in children's, educational, medical, sanatorium, health resort, military organizations, theaters, circuses, museums, houses and palaces of culture, concert and exhibition halls, libraries, lecture halls, planetariums and at a distance closer than one hundred meters from the buildings they occupy , buildings, structures;
7) in physical culture and recreation, sports facilities and at a distance closer than one hundred meters from such facilities.
3. Advertising of tobacco and tobacco products in each case must be accompanied by a warning about the dangers of smoking, and such a warning must be allocated at least ten percent of the advertising space (advertising space).
4. Carrying out advertising campaigns, accompanied by the distribution of samples of tobacco products, in organizations or places where retail sale of such products or certain types of them is prohibited is prohibited. When conducting advertising campaigns accompanied by the distribution of samples of tobacco, tobacco products and smoking accessories, it is prohibited to involve minors in their distribution, as well as to offer them such samples.
4) create an idea of the advantages of the advertising object by referring to the fact of conducting research that is mandatory for state registration of the advertising object;
6) contribute to the creation of a healthy person's impression of the need to use the object of advertising;
7) create the impression that it is unnecessary to see a doctor;
8) guarantee the positive effect of the advertised object, its safety, effectiveness and the absence of side effects;
2. The requirements of clause 6 of part 1 of this article do not apply to advertising of medicinal products used for the prevention of diseases.
3. The requirements of clauses 2-5 of part 1 of this article also apply to advertising of medical services, including advertising of methods of treatment, diagnosis, prevention and rehabilitation.
4. The requirements of paragraphs 1-8 of part 1 of this article also apply to advertising of medical equipment.
5. The requirements of clauses 2 and 3 of part 1 of this article do not apply to advertisements distributed in places where medical or pharmaceutical exhibitions, seminars, conferences and other similar events are held, as well as in specialized printed publications intended for medical and pharmaceutical workers, and to other advertisements. , whose consumers are exclusively medical and pharmaceutical workers.
6. Notification in advertising about the properties and characteristics, including the methods of application and use, of medicines and medical equipment is allowed only within the limits of the indications contained in the duly approved instructions for the use and use of such advertising objects.
7. Advertising of medicines, medical services, including methods of treatment, medical equipment, must be accompanied by a warning about the presence of contraindications to their use and use, the need to read the instructions for use or receive expert advice. In advertisements distributed in radio programs, the duration of such a warning must be at least three seconds, in advertisements distributed in television programs and during film and video services, at least five seconds, and at least seven percent of the frame area must be allotted. and in advertising distributed in other ways - at least five percent of the advertising space (advertising space). The requirements of this part do not apply to advertising distributed in places of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, as well as in specialized printed publications intended for medical and pharmaceutical workers, and to other advertising, the consumers of which are exclusively medical and pharmaceutical workers.
8. Advertising of medicinal products in forms and dosages dispensed by prescriptions of doctors, treatment methods, as well as medical products and medical equipment, for the use of which special training is required, is not allowed except in places where medical or pharmaceutical exhibitions, seminars, conferences and other similar events and in specialized printed publications intended for medical and pharmaceutical workers.
9. Advertising of medicinal products containing narcotic drugs or psychotropic substances permitted for use for medical purposes, included in the list of narcotic drugs and psychotropic substances, the circulation of which in the Russian Federation is limited and in respect of which control measures are established in accordance with the legislation of the Russian Federation and international treaties Of the Russian Federation, and the list of psychotropic substances, the circulation of which in the Russian Federation is limited and in respect of which certain control measures may be excluded in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation, is prohibited, with the exception of advertising of such medicinal products in places where medical or pharmaceutical exhibitions are held. , seminars, conferences and other similar events and in specialized printed publications intended for medical and pharmaceutical workers.
1) create the impression that they are drugs and (or) have medicinal properties;
4) encourage the rejection of a healthy diet;
5) create an impression of the advantages of such additives by referring to the fact of conducting studies that are mandatory for state registration of such additives, and also use the results of other studies in the form of a direct recommendation for the use of such additives.
2. Advertising of baby food products should not represent them as full-fledged substitutes for human milk and contain a statement about the benefits of artificial feeding of children. Advertising of products intended for use as breast milk substitutes and products included in the diet of a child during his first year of life should contain information about age restrictions for the use of such products and a warning about the need for professional advice.
1) military products, with the exception of advertising such products in order to carry out military-technical cooperation of the Russian Federation with foreign states;
2) weapons not specified in parts 3-5 of this article.
2. The production, placement and distribution of advertising for military products for the purpose of military-technical cooperation of the Russian Federation with foreign states is carried out in accordance with the legislation of the Russian Federation on military-technical cooperation of the Russian Federation.
3. Advertising of service weapons and cartridges for them is allowed only in specialized printed publications for users of such weapons, in places of production, sale and display of such weapons, as well as in places designated for firing weapons.
4. Advertising of combat hand-held small arms, cartridges for them, edged weapons is allowed in specialized publications, in places of production, sale and display of such weapons, as well as in places designated for firing weapons.
1) in periodicals, on the covers and in the imprint of which there is information on the specialization of these publications in messages and advertising materials, as well as in specialized printed publications for users of civilian weapons;
2) in places of production, sale and display of such weapons, as well as in places designated for firing weapons;
3) in television and radio programs from 10 pm to 7 am local time.
1) directly or indirectly disclose information constituting a state secret, including information related to production technology, methods of combat and other use of this weapon;
2) contact minors;
3) use images of minors.
1) contact minors;
2) create the impression that participation in risk-based games, betting is a way of earning or receiving other income, or another way of earning a livelihood;
6) condemn non-participation in risk-based games, bets;
7) create the impression that the receipt of winnings is guaranteed;
8) use images of people and animals.
1) in television and radio programs from 10 pm to 7 am local time;
2) in buildings, structures, structures in which such games, bets are held, with the exception of transport infrastructure facilities (railway stations, airports, metro stations and other similar facilities);
3) in periodicals, on the covers and in the imprint of which there is information on the specialization of these publications in messages and materials of an advertising nature, as well as in periodicals intended for employees of gambling establishments and (or) persons participating in such games, bet.
3. The requirements of parts 1 and 2 of this article apply respectively to advertising of the organizer of risk-based games, bets, which is a gambling establishment, including a casino, a slot machine hall, and to advertising of places where risk-based games are held, bets, if they are gambling institutions.
4. The requirements of clause 8 of part 1 and part 2 of this article do not apply to advertising of lotteries, including promotional lotteries.
1) an indication of the timing of risk-based games, bets;
2) a source of information about the organizer of risk-based games, bets, about the rules for their conduct, about the prize fund of such games, bets, about the number of prizes or winnings, about the timing, place and procedure for receiving prizes or winnings.
1. Advertising of banking, insurance and other financial services must contain the name or name of the person providing these services (for a legal entity - the name, for an individual entrepreneur - the last name, first name, patronymic).
2) keep silent about other conditions for the provision of the relevant services that affect the amount of income that the persons using the services will receive, or the amount of expenses that the persons using the services will incur, if at least one of such conditions is announced in the advertisement.
3. If an advertisement for services related to the provision of a loan, the use of it and the repayment of a loan contains at least one condition affecting its cost, such advertising must contain all other conditions that determine the actual cost of the loan for the borrower and affect it.
4. Advertising of services related to the implementation of management, including trust management, of assets (including securities, investment reserves of joint-stock investment funds, mutual funds, pension reserves of non-state pension funds, pension savings, mortgage coverage, savings for housing for military personnel ), should contain:
1) the source of information subject to disclosure in accordance with federal law;
2) information about the place or address (phone number) where, prior to the conclusion of the relevant agreement, interested parties can familiarize themselves with the terms of asset management, receive information about the person in charge of asset management, and other information that must be provided in accordance with federal law and other regulatory legal acts of the Russian Federation.
1) non-documented information, if it is directly related to asset management;
2) information on the results of asset management, including on their change or comparison in the past and (or) at the current moment, not based on profitability calculations determined in accordance with regulatory legal acts of the federal executive body in the field of financial markets, and in cases established by federal law - determined in accordance with regulatory legal acts of the Central Bank of the Russian Federation;
3) information on guarantees of the reliability of possible investments and the stability of the size of possible incomes or costs associated with these investments;
4) information on the possible benefits associated with the methods of asset management and (or) the implementation of other activities;
5) statements about the possibility of achieving in the future the results of asset management, similar to the results achieved.
6. Advertising related to the attraction of funds from individuals for the construction of housing is not allowed, with the exception of advertising related to the attraction of funds on the basis of an agreement for participation in shared construction, advertising of housing and housing construction cooperatives, advertising related to the attraction and use of housing savings cooperatives of individuals' funds for the purchase of residential premises.
7. Advertising related to the attraction of funds from participants in shared construction for the construction (creation) of apartment buildings and (or) other real estate objects must contain information about the place and methods of obtaining a project declaration provided for by federal law.
8. Advertising related to the attraction of funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate object is not allowed until a permit for the construction of an apartment building and (or) other real estate object is issued in accordance with the established procedure, publication in funds mass media and (or) placement in public information and telecommunication networks (including the Internet) of a project declaration, state registration of ownership or lease rights to a land plot provided for the construction (creation) of an apartment building and (or) other object real estate, which will include shared construction objects.
9. Advertising related to attracting funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate object is not allowed during the period of suspension in accordance with federal law of the developer's activities related to attracting funds from participants in shared construction for construction (creation) of an apartment building and (or) other real estate object.
10. The requirements of parts 7-9 of this article also apply to advertising related to the assignment of rights of claims under an agreement for participation in shared construction.
1) information on the procedure for covering the losses incurred by the members of the housing savings cooperative;
2) information on the inclusion of a housing savings cooperative in the register of housing savings cooperatives;
3) the address of the website in the public information and telecommunications network (including the Internet), on which the information is disclosed by the housing savings cooperative.
12. In advertising related to the attraction and use of funds from individuals for the purchase of residential premises by a housing savings cooperative, it is not allowed to guarantee the timing of the acquisition or construction of residential premises by such cooperative.
1) the name of the issuer;
2) a source of information to be disclosed in accordance with the legislation of the Russian Federation on securities.
1) a promise to pay dividends on shares, as well as income on other securities, with the exception of income, the obligation of payment of which is provided for by a decision on the issue or additional issue of equity securities, the rules of trust management of unit investment funds or the rules of trust management of mortgage coverage, or is fixed in securities papers;
2) forecasts of growth in the market value of securities.
6. Advertising of equity securities shall not be allowed prior to the registration of their prospectus, unless, in accordance with federal law, registration of their prospectus is not required for public placement or public circulation of equity securities.
1) expression of gratitude by individuals who have entered into such agreements;
2) a statement that the conclusion of such contracts has advantages over the will of a dwelling or other property;
3) condemnation of family members and close relatives of a potential consumer of such services, allegedly not taking care of him;
4) mention of gifts for individuals who have made a decision to conclude rent contracts with an advertiser or another person.
2. In the event that the advertiser is an intermediary in the conclusion of rental agreements, including a contract of lifelong maintenance with a dependent, the advertisement of services for the conclusion of such agreements must contain an indication that another person will be the payer of the rent under such agreements.
Chapter 4. Self-regulation in advertising
Article 31. Self-regulatory organizations in the field of advertising
A self-regulatory organization in the field of advertising is an association of advertisers, advertising producers, advertising distributors and other persons created in the form of an association, union or non-profit partnership in order to represent and protect the interests of its members, develop requirements for compliance with ethical standards in advertising and ensure control over their implementation.
Article 32. The rights of a self-regulatory organization in the field of advertising
1) represent the legitimate interests of members of a self-regulatory organization in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies;
2) participate in the consideration by the antimonopoly body of cases initiated on grounds of violation by members of a self-regulatory organization of the legislation of the Russian Federation on advertising;
3) to appeal to an arbitration court the normative legal acts of the federal bodies of state power, the normative legal acts of the bodies of state power of the constituent entities of the Russian Federation, the normative legal acts of the bodies of local self-government;
4) apply to the members of the self-regulatory organization the measures of responsibility provided for by the constituent and other documents of the self-regulatory organization, including exclusion from the members of the self-regulatory organization;
6) exercise control over the professional activities of members of a self-regulatory organization in terms of compliance with the requirements of this Federal Law and the rules for professional activities in the field of advertising, including the requirements of professional ethics;
7) consider complaints about the actions of a member of a self-regulatory organization;
8) develop and establish requirements for persons wishing to join a self-regulatory organization;
9) collect, process and store information on the activities of the members of the self-regulatory organization, the disclosure of which is carried out in the form of reports in the manner and with the frequency established by the constituent and other documents of the self-regulatory organization;
10) maintain a register of persons who are members of a self-regulatory organization.
Chapter 5. State control in the field of advertising and responsibility for violation of the legislation of the Russian Federation on advertising
Article 33. Powers of the Antimonopoly Body to Exercise State Control in the Sphere of Advertising
1. The antimonopoly body, within the limits of its powers, exercises state control over compliance with the legislation of the Russian Federation on advertising, including:
1) warns, detects and suppresses violations by individuals or legal entities of the legislation of the Russian Federation on advertising;
2) initiates and considers cases on the grounds of violation of the legislation of the Russian Federation on advertising.
2. The antimonopoly body has the right to:
2) issue to federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies binding instructions on the cancellation or amendment of acts issued by them and contradicting the legislation of the Russian Federation on advertising;
3) bring claims to a court or an arbitration court to prohibit the distribution of advertising carried out in violation of the legislation of the Russian Federation on advertising;
4) file claims with a court or an arbitration court for public refutation of unreliable advertising (counter-advertising) in the case provided for by Part 3 of Article 38 of this Federal Law;
5) apply to an arbitration court with applications for invalidating, in whole or in part, non-normative acts of federal executive bodies, non-normative acts of executive bodies of the constituent entities of the Russian Federation, non-normative acts of local self-government bodies that contradict the legislation of the Russian Federation on advertising;
6) apply to the arbitration court with applications for recognition as invalid in full or in part of the regulatory legal acts of federal executive bodies, regulatory legal acts of executive bodies of the constituent entities of the Russian Federation, regulatory legal acts of local self-government bodies that are completely or in part contrary to the legislation of the Russian Federation on advertising;
7) apply measures of responsibility in accordance with the legislation of the Russian Federation on administrative offenses;
8) apply to an arbitration court with applications for invalidating a permit to install an advertising structure in the case provided for in Clause 1 of Part 20 of Article 19 of this Federal Law.
Article 34. Submission of information to the antimonopoly authority
1. Federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies and officials of these bodies, as well as individual entrepreneurs, legal entities and their heads are obliged to submit to the antimonopoly body the information necessary for exercising their powers on state control over compliance legislation of the Russian Federation on advertising, and provide its authorized officials with access to such information.
2. Failure to comply with the requirements of part 1 of this article entails the responsibility of the guilty persons in accordance with the legislation of the Russian Federation on administrative offenses.
Article 35. Obligations of the antimonopoly body to observe commercial, official and other secrets protected by law
1. Information constituting commercial, official and other secrets protected by law and received by the antimonopoly body in the exercise of its powers shall not be subject to disclosure, with the exception of cases stipulated by federal law.
2. Disclosure by employees of the antimonopoly body of information constituting commercial, official and other secrets protected by law entails liability in accordance with the legislation of the Russian Federation on administrative offenses or the criminal legislation of the Russian Federation. Losses caused by such disclosure are subject to compensation in accordance with civil law.
Article 36. Decisions and orders of the antimonopoly body based on the results of consideration of cases initiated on grounds of violation of the legislation of the Russian Federation on advertising
1. The antimonopoly body, within the limits of its powers, initiates and considers cases on grounds of violation of the legislation of the Russian Federation on advertising, makes decisions based on the results of considering such cases and issues instructions provided for by this Federal Law.
2. The antimonopoly body, on its own initiative, on the proposal of the prosecutor, on requests from state authorities or local self-government bodies, as well as on applications from individuals or legal entities, initiates proceedings on grounds of violation of the legislation of the Russian Federation on advertising.
3. An order to stop violating the legislation of the Russian Federation on advertising is issued on the basis of a decision of the antimonopoly body to declare advertising inappropriate and must contain an indication of stopping its distribution.
4. An order to stop violating the legislation of the Russian Federation on advertising is subject to execution within the time period specified in the order. This period cannot be less than five days from the date of receipt of the order.
5. An order to stop violating the legislation of the Russian Federation on advertising shall be deemed unfulfilled if, after the expiration of the term for the execution of such an order, the distribution of inappropriate advertising continues.
6. An order to cancel or amend an act of a federal executive body, an act of an executive body of a constituent entity of the Russian Federation or an act of a local self-government body that contradicts the legislation of the Russian Federation on advertising is issued on the basis of a decision of the antimonopoly body on the contradiction of such an act with the legislation of the Russian Federation on advertising. An order to amend an act of a federal executive body, an act of an executive body of a constituent entity of the Russian Federation or an act of a local self-government body that contradicts the legislation of the Russian Federation on advertising must indicate the changes that should be made to such an act in order to bring it into line with the legislation of the Russian Federation on advertising ...
7. An order to cancel or change an act of a federal executive body, an act of an executive body of a constituent entity of the Russian Federation, or an act of a local self-government body that contradicts the legislation of the Russian Federation on advertising shall be executed within the time period specified in the order. Such a period may not be less than a month from the date of receipt of the order by the federal executive body, the executive body of the constituent entity of the Russian Federation or local self-government body.
8. Failure to comply with the orders of the antimonopoly authority issued on the basis of this Federal Law entails liability in accordance with the legislation of the Russian Federation on administrative offenses.
9. Consideration by the antimonopoly body of cases initiated on grounds of violation of the legislation of the Russian Federation on advertising is carried out in the manner established by the Government of the Russian Federation.
Article 37. Challenging decisions and orders of the antimonopoly authority
1. The decision, order of the antimonopoly body may be challenged in court or arbitration court within three months from the date of the decision, issue of the order.
2. Submission of an application for invalidation of a decision or order of the antimonopoly body shall not suspend the execution of the decision or order, unless the court or arbitration court issues a ruling to suspend the execution of the decision or order.
3. The decision of the antimonopoly body on the application of measures of administrative responsibility for violation of the legislation of the Russian Federation on advertising may be appealed, contested in the manner established by the legislation of the Russian Federation.
Article 38. Responsibility for violation of the legislation of the Russian Federation on advertising
1. Violation of the legislation of the Russian Federation on advertising by individuals or legal entities entails liability in accordance with civil legislation.
2. Persons whose rights and interests have been violated as a result of the distribution of inappropriate advertising have the right to apply in accordance with the established procedure to a court or arbitration court, including with claims for compensation for losses, including lost profits, for compensation for harm caused to the health of individuals and (or ) property of individuals or legal entities, on compensation for moral damage, on public refutation of inaccurate advertising (counter-advertising).
3. If the antimonopoly body establishes the fact of spreading false advertising and issues a corresponding order, the antimonopoly body has the right to apply in accordance with the established procedure to a court or arbitration court with a claim against the advertiser for public refutation of false advertising (counter-advertising) at the expense of the advertiser. In this case, the court or the arbitration court shall determine the form, place and terms of posting such a refutation.
4. Violation by advertisers, advertising producers, advertising distributors of the legislation of the Russian Federation on advertising entails liability in accordance with the legislation of the Russian Federation on administrative offenses.
5. Federal laws may establish other measures of responsibility for intentional violation of the legislation of the Russian Federation on advertising.
6. The advertiser is liable for violation of the requirements established by parts 2-8 of article 5, articles 6-9, part 4 of article 10, article 12, parts 1 and 3 of article 21, parts 1 and 3 of article 22, parts 1 and 3 of article 23 , Articles 24 and 25, Parts 1 and 6 of Article 26, Parts 1 and 5 of Article 27, Articles 28-30 of this Federal Law.
7. The advertising distributor is liable for violation of the requirements established by paragraph 3 of part 4, parts 9 and 10 of article 5, articles 7-9, 12, 14-18, parts 2-6 of article 20, parts 2-4 of article 21, parts 2- 4 of Article 22, parts 2-4 of Article 23, parts 7, 8 and 11 of Article 24, parts 1-5 of Article 26, parts 2 and 5 of Article 27, parts 1, 4, 7, 8 and 11 of Article 28, parts 1, 3, 4 and 6 of Article 29 of this Federal Law.
9. The amounts of fines for violation of the legislation of the Russian Federation on advertising and failure to comply with the orders of the antimonopoly authority are credited to the budgets of the budgetary system of the Russian Federation in the following order:
1) to the federal budget - 40 percent;
2) to the budget of the constituent entity of the Russian Federation, on the territory of which a legal entity or individual entrepreneur who violated the legislation of the Russian Federation on advertising is registered - 60 percent.
10. The payment of the fine does not exempt from the execution of the order to terminate the violation of the legislation of the Russian Federation on advertising.
Chapter 6. Final provisions
Article 39. Entry into force of this Federal Law
1. This Federal Law shall enter into force on July 1, 2006, with the exception of Part 3 of Article 14, Part 2 of Article 20 and Clause 4 of Part 2 of Article 23 of this Federal Law.
2. Part 2 of Article 20 and Item 4 of Part 2 of Article 23 of this Federal Law shall enter into force on January 1, 2007.
4. To establish that in the period from July 1, 2006 to January 1, 2008, the total duration of advertising disseminated in a TV program (including advertising such as TV shops), interruption of a TV program by advertising (including sponsored advertising) and combining advertising with a TV program in a manner "creeping line" or in any other way of its imposition on the frame of the broadcast TV program may not exceed twenty percent of the broadcast time during an hour and fifteen percent of the broadcast 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, the following shall be declared invalid:
1) Federal Law of July 18, 1995 N 108-FZ "On Advertising" (Collected Legislation of the Russian Federation, 1995, N 30, Art. 2864);
2) Clause 3 of Article 1 of the Federal Law of June 18, 2001 N 76-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" (Collected Legislation of the Russian Federation, 2001, N 26, Art. 2580);
3) Federal Law of December 14, 2001 N 162-FZ "On Amendments to Article 11 of the Federal Law" On Advertising "(Collected Legislation of the Russian Federation, 2001, N 51, Art. 4827);
4) paragraphs 23 and 24 of Article 3 of the Federal Law of December 30, 2001 N 196-FZ "On the Enactment of the Code of the Russian Federation on Administrative Offenses" (Collected Legislation of the Russian Federation, 2002, N 1, Art. 2);
5) Federal Law of August 20, 2004 N 115-FZ "On Amendments to Article 16 of the Federal Law" On Advertising "(Collected Legislation of the Russian Federation, 2004, N 34, Art. 3530);
6) article 55 of the Federal Law of August 22, 2004 N 122-FZ "On Amendments to the Legislative Acts of the Russian Federation and the Recognition of Invalidation of Certain Legislative Acts of the Russian Federation in Connection with the Adoption of Federal Laws" On Amendments and Additions to the Federal Law "On general principles of organization of legislative (representative) and executive bodies of state power of constituent entities of the Russian Federation "and" On general principles of organization of local self-government in the Russian Federation "(Collected Legislation of the Russian Federation, 2004, N 35, art. 3607);
7) Article 11 of the Federal Law of November 2, 2004 N 127-FZ "On Amendments to Parts One and Two of the Tax Code of the Russian Federation and some other legislative acts of the Russian Federation, as well as on invalidating certain legislative acts (provisions of legislative acts) Russian Federation "(Collected Legislation of the Russian Federation, 2004, N 45, Art. 4377);
8) Article 1 of the Federal Law of July 21, 2005 N 113-FZ "On Amendments to the Federal Law" On Advertising "and Article 14.3 of the Code of the Russian Federation on Administrative Offenses" (Collected Legislation of the Russian Federation, 2005, N 30, Art. 3124 ).
2. Until the laws and other regulatory legal acts of the Russian Federation in force on the territory of the Russian Federation and regulating relations in the field of advertising are brought into line with this Federal Law, these laws and other regulatory legal acts shall be applied insofar as they do not contradict this Federal Law.
The president
Russian Federation
V. Putin
The Law "On Advertising" was adopted on March 13, 2006. The bill regulates comprehensive requirements for materials containing advertising information, methods of transmission, prohibits or reduces advertising of certain types of goods and establishes the basic principles of municipal control in this area.
Federal Law No. 38-FZ consists of 6 chapters and 40 articles. A brief overview gives the reader an idea of the content of this bill:
- general information about the tasks, requirements, terminology, etc .;
- characteristic features of methods of distribution of various types of advertising;
- the nature of advertising for special types of products;
- a union of advertisers empowered to protect the interests of its representatives and to create and regulate the observance of ethical standards for the use of advertising notice;
- government control in the field of advertising and types of liability for violation of the provisions of the Federal Law;
- final provisions.
The last amendments were made by the President on April 1, 2017. However, the law also has a new version, which will only come into force on September 1, 2017.
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Last changes
The last changes were made on April 1 of the current year. Consider the amendments that were made:
Article 3.
Article 3 of the Law "On Advertising" is in effect from the last edition of May 13, 2009. Since then, no new amendments have been made to it. This article talks about the basic concepts that are used in the Federal Law. Terms are given with a brief explanation. A total of 12 terms are given:
- advertising- brief information about the product, designed to promote it on the market and maintain interest in it;
- advertising object- an object that needs to be announced and promoted on the market;
- product- the object / work / service to be sold;
- inappropriate advertising- a type of material that does not meet the standards of the law of the Russian Federation;
- advertiser- manufacturer / seller who promotes his product through advertising;
- advertising producer - the person who comes up with an announcement for the product;
- advertising distributor - a person who disseminates notices of information type in any way and in any form;
- advertising consumers - the public (potential buyers), whose interest should be aroused by the advertising notice;
- sponsor- a person who helps financially;
- sponsored advertising - material that is released with the obligatory mention of the sponsor in it;
- social advertisement- material that is aimed at charity and to protect the interests of the state;
- antitrust authority- the national antimonopoly authority.
These concepts help to better understand the Federal Law No. 38-FZ.
Article 16
Article 27.
- contact persons under the age of 18;
- mislead that gambling is a way to make money for subsistence;
- assure that the risks are minimal, and the probability of winning is greater than it actually is;
- contain evidence of the receipt of the prize by persons who did not receive it;
- assure that gambling will lead to public recognition and success;
- speak negatively about persons who do not participate in gambling;
- create the effect that winning is guaranteed;
- use human and animal images.
Amendments have already been made to the second part of Law No. 38-FZ. Advertising is allowed:
- on TV and radio programs from 10 pm to 7 am, but advertising of bookmakers is allowed at any time if the duration is not more than 20% of the total time;
- in buildings where gambling takes place, except for buildings of transport infrastructure;
- in newspapers, magazines, etc.
Also, the Law No. 38-FZ introduced clauses describing where advertising is allowed:
- carried out by the organizers in bookmakers - in newspapers, magazines and other printed publications of a physical culture and sports nature, on the Internet;
- in sports facilities;
- on the sportswear of players or in sports clubs.
Information type notices must contain, by law:
- the period for drawing prizes;
- information about the organizer, rules, period, place and time of receiving prizes.
However, there is already a version of the law, which will come into force at the beginning of September this year. In it, changes were made to the following articles:
Article 5.
Law No. 38-FZ describes the requirements for advertising materials. Initially, it consisted of 11 points, but the new version introduced 12 points. It states that in the case of placement, based on the data obtained from the analysis of the audience volume, advertisements on the TV channel, advertisers and distributors must use the specified information in accordance with the agreements they have concluded with organizations. These organizations are authorized to conduct research by the federal executive service, which exercises control and supervision functions in the field of mass media.
Otherwise, advertising must be accurate and fair. It must be in Russian - this is a prerequisite. The law prohibits advertising that encourages aggression and violence. Advertising materials should not interrupt children's, religious and educational programs. This is possible only with the consent of the copyright holder. Advertising should not occur more often than once every 15 minutes.
Article 38.
Describes the responsibility that advertisers and distributors bear for violation of Federal Law No. 38-FZ:
- physical and legal entities will be responsible for the Civil Code;
- persons whose interests were violated in the course of advertising can go to court / arbitration court and demand compensation for damages, compensation for moral damage, refute the information announced in the advertising material, etc .;
- if advertisers, distributors and manufacturers violate the law, they will be punished in accordance with the Code of Administrative Offenses;
- an advertiser who violated the requirements for the content of information in advertising, prescribed in parts 2-8, 12 (added in new edition) Article 5, Article 6-9, part 4-6 article 10, article 12, part 3 article 19, part 2 and 6 article 20, part 1, 3, 5 article 21, article 24 and 25, Part 1 and 6 of Article 26, Part 1 and 5 of Article 27, Article 28-30.1 of this Federal Law will be held liable;
- distributors will be liable for violation of the requirements regarding the place, time and means of advertising, prescribed in paragraph 3 of part 4, paragraph 6 of part 5, part 9-10.2 (deleted parts 10, 10.1), 12(added in new edition) Article 5, Article 7-9, 12, 14-18, Part 2-4 and 9 Article 19, Part 2-6 Article 20, Part 2-5 Article 21, Part 7-9 Article 24, Article 25, Part 1-5 Article 26, Part 2 and 5 Article 27, Part 1, 4, 7, 8, 11 and 13 Article 28, Part 1, 3, 4 , 6 and 8 of article 29, part 1 and 2 of article 30.1 of this Federal Law;
- the advertising producer will be punished for violating the requirements for the design, production and preparation of advertising in parts 6-7 of this article;
- fines go to the federal budget in the amount of 40%, and to the budget of the constituent entity of the Russian Federation - 60%.
These are all the latest changes that are expected in the future in the law "On Advertising".
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