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Federal Law "On Advertising"

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

  

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Chapter 1. General Provisions

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

Chapter 2. Features separate ways of advertising

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

Chapter 3. Features of advertising of certain goods

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

Chapter 4. Self-regulation in advertising

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

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

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

Chapter 6. Final Provisions

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

Chapter 1. GENERAL PROVISIONS
 

Article 1. The objectives of this Federal Law

The goals of this Federal Law is the development of markets for goods and services on the basis of the principles of fair competition in the Russian Federation to ensure the unity of economic space, the realization of the rights of consumers to receive fair and accurate advertising, creating favorable conditions for the production and dissemination of social advertisements warning of violation of legislation Russian Federation on advertising, as well as suppression of evidence of improper advertising.

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

(See the text in the previous edition)  

 

 

Article 2. Scope of this Federal Law

1. This federal law applies to the relations in the field of advertising, regardless of place of its production, if the distribution of advertising carried in the Russian Federation.

2. This federal law does not apply to:

A) political advertising, including campaigning and campaigning for a referendum;

2) information, disclosure or distribution or making available to the consumer which is mandatory under federal law;

3) background information and analysis (review of internal and external markets, the results of scientific research and testing), not having as main objective the promotion of goods on the market and non-public service announcements;

4) reports of public authorities, other government agencies, local government posts, messages, municipal bodies, which are not included in the structure of local government, if such communications do not contain information of an advertising nature, and are not public service announcements;

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

6) announcements of individuals or legal persons who are not related to business activities;

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

8) any design elements of the goods placed on the product or its packaging and is not related to another commodity;

9) mentions of the product, the means of its individualization of the manufacturer or the seller of the goods, which are seamlessly integrated into the work of science, literature or art in and of themselves are not advertising information.

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

4. Special requirements and restrictions established by this Federal Law on advertising of certain goods shall also apply to advertising of individualization of such goods, their manufacturers or vendors, except if the advertising of individual customization of the goods, the manufacturer or seller clearly does not apply to goods with regard to advertising which this federal law has special requirements and restrictions.  

 
 

Article 3. The basic concepts used in this Federal Law

For purposes of this Federal Law the following basic concepts:

1) Advertising - information distributed in any way, in any form or by any means, addressed to the general public and aimed at drawing attention to the subject of advertising, the establishment or maintenance of interest to him and his progress in the market;

2) the object of advertising - the goods, means of individualization of a legal entity, and (or) product, the manufacturer or seller of the goods, the results of intellectual activity or event (including a sporting event, concert, contest, festival, risk-based games and betting) on ??the involvement of who directed attention to the ads; (In the red. Federal Law of 07.05.2009 N 89-FZ) (See the text in the previous edition)

3) The product - a product of the activities (including work, service), intended for sale, exchange or otherwise introducing into circulation;

4) improper advertising - advertising that does not meet the requirements of the legislation of the Russian Federation;

5) The sponsor - the manufacturer or seller of goods or otherwise define the object of advertising and (or) the content of the advertising face;

6) The advertisement - a person who carries out all or part of bringing the information ready for dissemination in the form of advertising form;

7) The advertisement - person in the dissemination of advertisements in any way, in any form or by any means;

8) consumer advertising - the person on whom to draw attention to the object of advertising is directed advertising;

9) Sponsor - the person providing funds or ensure the provision of funds for the organization and (or) the conduct of sports, cultural or any other event, the creation and (or) broadcast television or radio programs or the creation and (or) use the result of a creative activity;

10), sponsor advertising - advertising is distributed under the mandatory mention of it about a particular person as a sponsor;

11) PSAs - information distributed in any way, in any form or by any means, addressed to the general public and aimed at the achievement of charitable and other socially useful purposes, as well as the interests of the state;

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

 

 

Article 4. Legislation of the Russian Federation on advertising

Legislation of the Russian Federation on advertising consists of this Federal Law. Relations arising in the process of production, distribution and dissemination of advertising may be regulated and approved in accordance with this Federal Law and other federal laws, normative legal acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation.  

 

 

Article 5. General Requirements for Advertising

A. Advertising must be honest and truthful. Unfair advertising and false advertising is not allowed.

2. Recognized as unfair advertising, which is:

1) contains incorrect comparison of the advertised goods with the goods in circulation, which are produced by other manufacturers or sold by other sellers;

2) denigrates the honor, dignity or business reputation of individuals, including those of a competitor;

3) is the advertising product, advertising is banned in this way, at this time or in this place, if it is carried out under the guise of advertising of another product, trademark or service mark which is identical or similar to the point of confusion with the trademark or service mark of the goods, in respect of advertising which are set corresponding to the requirements and limitations, as well as advertising under the guise of the manufacturer or seller of such goods;

4) an act of unfair competition under the antitrust laws.

3. Recognized as false advertising that contains false information:

1) the benefits of the advertised goods before the goods in circulation, which are produced by other manufacturers or sold by other sellers;

2) the characteristics of any product, including its nature, composition, method and date of manufacture, prescription, consumer characteristics, the conditions of the goods, the place of its origin, a certificate of conformity or a declaration of conformity, conformity marks and signs of circulation in the market timing service, expiry dates of goods;

3) the range and configuration of goods, as well as the possibility of their acquisition in a particular place or within a certain period;

4) the cost or price of goods, the manner of its payment, the amount of rebates, tariffs and other conditions of purchase;

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

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

7) for exclusive rights to intellectual activity and equalized to them means of individualization of a legal entity, means of identification of the goods;

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

9) an official or public recognition of the receipt of medals, prizes, diplomas or other awards;

10) on the recommendations of the persons or entities with respect to the object of advertising, or its approval of the person or entity;

11) the results of research and testing;

12) to grant additional rights or benefits to the acquirer of the goods advertised;

13) on the actual amount of demand for the advertised product or another;

14) on the volume of production or sale of a product being advertised;

15) of the rules and timing of incentive lottery, contest, game or other similar events, including the timing of the deadline to participate in it, the number of prizes or winnings to the results, date, place and manner of their production, as well as source of information on this event;

16) of the rules and dates of gambling, betting, including the number of prizes or winnings on the results of risk-based gaming and betting, date, place and procedure of the prizes or winnings on the results of risk-based gaming and betting , their organizer, as well as the source of information about risk-based gaming and betting;

17) about the source of information to be disclosed in accordance with federal law;

18) of the place in which to contract for the provision of services to interested persons may review the information to be provided to such persons in accordance with federal laws or other regulations of the Russian Federation;

19) of the person, are required by a security;

20) of the manufacturer or seller of the advertised goods.

4. Advertisements should not:

1) to encourage the commission of unlawful acts;

2) call for violence and cruelty;

3) have a similarity with road signs or otherwise threaten the safety of road, rail, water and air transport;

4) create a negative attitude to people who do not use the advertised goods or criticize such persons.

5. The ads are not allowed:

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

2) an indication that the object of advertising is approved by state or local governments or their officials;

3) demonstration of the processes of smoking and alcohol consumption, as well as beer and beverages, manufactured on its basis;

4) The use of images of medical and pharmaceutical workers, except for such use in advertising of medical services, personal care products, in advertising, consumers, which is exclusively medical and pharmaceutical workers in advertising, distributed in the field of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, advertising placed in publications intended for medical and pharmaceutical workers;

5) a statement that the advertised product is produced using human fetal tissue;

6) an indication of the medicinal properties, it has a positive effect on the disease, the object of advertising, except for such indication in the advertising of medicines, medical services, including treatment, medical products and medical equipment.

6. In advertising not allowed to use swear words, obscene or offensive images, comparisons and expressions, including those based on sex, race, nationality, profession, social category, age, language, person and citizen, the official state symbols (flags, emblems, anthems) , religious symbols, objects of cultural heritage (monuments of history and culture) of the Russian Federation, as well as cultural heritage sites inscribed on the List of World Heritage.

7. Advertising is not permitted, in which no part of the essential information about the advertised product, the conditions of its purchase or use, if this distorted the meaning of information and misled consumers of advertising.

7.1. The advertisement of products and other objects of advertising cost parameters must be specified in rubles, and, if necessary, may additionally be indicated in foreign currency. (Part sedmaya.1 federal law from 12.04.2007 N 48-FZ)

8. In the advertisement of goods in respect of which a duly approved rules for the use, storage or transportation, or use regulations should not contain information that is not in conformity with such rules or regulations.

9. Not allowed to use in radio, television, video, audio and film production or other production and distribution of product placement, that is advertising, which has not perceived by consumers of advertising effects on their minds, including such effects by using a special video (dual audio) and in other ways.

10. Not allowed to advertise in textbooks designed to teach children to program the initial total and general education, school diaries and notebooks in school.

11. During the production, placing and distributing advertisements must comply with the legislation of the Russian Federation, including the requirements of civil law, laws of the State Language of the Russian Federation. (Part of the eleventh in the red. Federal Law of 18.12.2006 N 231-FZ) (See the text in the previous edition)  

 

 

Article 6. Protection of minors in advertising

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

1) to discredit parents and caregivers, undermining the credibility of a minor; 2) encouraging minors to ensure that they convinced their parents or others to purchase the advertised product; 3) creation of a minor misrepresentation on the availability of goods for families with any level of income; 4) establishment of a juvenile impression that the possession of the goods advertised puts them in a preferred position in front of their peers; 5) formation of an inferiority complex in minors, non-advertised product; 6) show minors in dangerous situations; 7) The understatement of the level needed to use the advertised product skills among minors of the age group for which this product is intended; 8) the formation of a juvenile inferiority complex associated with their external unattractiveness.  

 

 

Article 7. Products, advertising which is not allowed

Advertising is not allowed:

1) goods, production and (or) the implementation 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; (In the red. Federal Law of 19.05.2010 N 87-FZ) (See the text in the previous edition)

3) of explosives and materials, except for the fireworks;

4) enforcement and (or) tissues as objects of sale;

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

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

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

 

 

Article 8. Advertising of products for remote method of Sales

In advertising, products for remote method of sale shall contain the information about the seller of such goods: name, location and state registration number of the record to establish a legal entity, name, patronymic, the main state registration number of the record on state registration of a person as an individual entrepreneur.

 

 

Article 9. Advertising on the conduct of enabling activities

In advertising, announce the Lottery, competition, game or other similar event, a condition of participation in which is the acquisition of certain goods (hereinafter - stimulating activity) should be indicated:

1) The timing of such events;

2) a source of information about the organizer of this event, the rules of its holding, the number of prizes or winnings as a result of such an event, date, place and manner of their receipt.  

 

 

Article 10. Social Advertising

1. Advertisers may serve ads social individuals, legal persons, public authorities, other government agencies and local governments and municipalities, which are not included in the structure of local government.

2. Public authorities, other government agencies and local governments and municipal authorities, which are not included in the structure of local government shall place orders for the production and distribution of public service advertising under the laws of the Russian Federation.

3. Conclusion of the contract to distribute public service announcements is necessary for the advertisement distributor within five percent of the annual volume of advertising they distributed (including the total time of advertising, distributed to television and radio programs, the total advertising space of the printed edition, the total advertising space advertising structures). The conclusion of such contract is carried out in accordance with the Civil Code of the Russian Federation.

4. In the public service is not allowed to mention specific brands (model) of goods, trademarks, service marks, and on other means of individualization of physical persons and legal entities, except as specified in paragraph 5 of this article. (In the red. Federal Law of 03.06.2011 N 115-FZ) (See the text in the previous edition)

5. Established by Part 4 of this Article shall not apply restrictions on the mentions of public authorities, other public bodies, local government, the municipalities that are not included in the structure of local government, the sponsors, the socially-oriented non-profit organizations that meet the requirements established by this article, as well as individuals who find themselves in difficult situations, or in need of treatment in order to provide them with charity. In the PSA may be a reference to socially-oriented non-profit organizations in cases where the content of this advertising is directly related to the information on the activities of nonprofit organizations to achieve charitable, or other socially useful purposes. (Part 5 of federal law from 03.06.2011 N 115-FZ)

6. In public service, distributed in radio programs, the duration of the mention of the sponsors may not exceed three seconds in the public service, distributed in television, in film and video - three seconds, and such mention should be given no more than seven percent of the frame, and in the public service, distributed by other means - no more than five percent of the advertising space (space). These restrictions do not apply to references in the public service of the public authorities, other public bodies, local government, the municipalities that are not included in the structure of local self-government, socially-oriented non-profit organizations, as well as individuals who find themselves in a difficult life situation or in need of treatment in order to provide them with charity. (Part 6 The federal law from 03.06.2011 N 115-FZ)  

 

 

Article 11. Validity of advertising, offer recognized

If, in accordance with the Civil Code of the Russian Federation recognizes the advertising offer, this offer is valid for two months from the date of advertising, provided that it is not specified otherwise.    

 

 

Article 12. The shelf life of promotional materials

Promotional materials or copies thereof, including any modification thereto, as well as contracts for the manufacture, distribution and dissemination of advertising shall be kept for one year from the date of the last distribution of advertising or from the date of expiry of such contracts, except for documents in respect of which Russian law provides otherwise.    

 

 

Article 13. Provision of information to the advertiser

Advertiser demand advertisement distributor must provide documented information on advertising according to the requirements hereof, including information about the presence of licenses for mandatory certification of state registration.

 

 

Chapter 2. FEATURES SEPARATE WAYS TO SPREAD OF ADVERTISING  

 

Article 14. Advertising in television programs and television

1. Interruption of television programs or television advertising, that is, stop broadcast TV or TV to display advertising, the message should be preceded by a subsequent broadcast advertising, except for the interruption of sponsorship advertising.

2. When combined with the television program advertising method "crawl" or otherwise of the imposition of a frame transmitted by TV advertising must not: 1) to hold more than seven percent of the frame; 2) superimposed on the subtitles, as well as clarifying the nature of the inscriptions.

3. The total duration of the television program distributed advertising (including advertising such as teleshopping), interruption of TV advertising (including sponsorship advertising) and combining advertising with the way television program "running line" or otherwise imposing it on the TV frame may not exceed fifteen percent broadcast time for an hour.

3.1. The federal television channels have no right to enter into contracts to provide services for the dissemination of advertising to a person who holds a privileged position in the spread of television advertising. For purposes of this article refers to the federal channel organization conducting air television territories for more than five subjects of the Russian Federation. (Part tretya.1 federal law from 27.12.2009 N 354-FZ)

3.2. The preferred position of the person in the spread of television advertising on the channels recognized by the federal status of the person, where its share in this sector exceeds thirty-five percent at national or regional location. The share of persons in the spread of television advertising is defined as the ratio of sums of money received from advertisers on contracts to provide services for the dissemination of advertising on the federal TV channels, signed by the said person and its affiliates, to the amount of money received from advertisers for services rendered dissemination of advertising on all federal TV channels. The sums of money received from advertisers for services rendered for the dissemination of advertising are considered in the two years preceding the year in which such contract is one for the next period. (Part tretya.2 federal law from 27.12.2009 N 354-FZ)

3.3. Signing a contract for services for the dissemination of television advertising on the federal TV channels with state participation is based on the tender (in the form of an auction or competition) conducted by these channels in accordance with the laws of the Russian Federation. The form of bidding (auction or tender) is established by federal TV channels. (Part tretya.3 federal law from 27.12.2009 N 354-FZ)

4. Advertising is not allowed to interrupt and combine with the advertising method "crawl" the following TV shows: 1) religious television programs; 2) TV programs lasting less than fifteen minutes.

5. Specified in Part 4 of this Article may be interrupted by television advertising directly to the sponsor at the beginning and ending immediately prior to such television programs, provided that the total duration of such advertising does not exceed thirty seconds.

6. Is not allowed to interrupt the advertising, including sponsorship advertising, broadcasting propaganda materials distributed in television programs and television programs in accordance with Russian legislation on elections and legislation of the Russian Federation on the referendum.

7. In the children's and educational television programs, the duration of not less than fifteen minutes, allowed the spread of advertising directly to the beginning of the telecast lasting a minute and just before the end of the telecast lasting a minute. In the children's and educational television programs, the duration of not less than twenty-five minutes, allowed the spread of advertising directly to the beginning of the telecast lasting a half minutes and just before the end of the telecast lasting a half minutes. In the children's and educational television programs, the duration of not less than forty minutes, allowed the spread of advertising directly to the beginning of the telecast lasting two and a half minutes and just before the end of the telecast lasting two and a half minutes. In the children's and educational television programs, whose duration is one hour or more, allowed the spread of advertising directly to the beginning of the telecast three minutes and just before the end of the telecast three minutes.

8. Broadcast live or recorded sporting events (including sports games, games, fights, races) can be interrupted by advertising, including sponsorship advertising, only the breaks during sporting events or during their stops.

9. Broadcast live or recorded sporting event, which does not provide breaks or stops can be interrupted by advertising in such a way as to interrupt transmission did not result in the loss of essential information about the sporting event. The total duration of such advertising may not exceed twenty percent of the actual time of broadcast of sports events.

10. Other TV shows, including feature films, can be interrupted by advertising in a way that the duration of each interruption of television advertising does not exceed four minutes.

11. The requirements laid down in paragraphs 1 - 10 of this Article shall not apply to television broadcasts that are registered as mass media, specializing in communications and advertising materials, and broadcast on the grounds of the broadcasting license, provided that in such television programs the duration of advertising is eighty percent or more of the actual broadcast time during the day.

12. At the level of broadcast advertising of sound and the sound level reports on the follow-broadcast advertising shall not exceed the average level of sound punctuated by TV commercials or TV shows. Parameters of the ratio of advertising and the sound level of sound interrupted her TV program or TV program are determined by the requirements of technical regulations.

13. In the television broadcast in accordance with Federal Law of January 13, 1995 N 7-FZ "On the order of coverage of public authorities in the state media" (hereinafter - the Federal Law "On the order of coverage of public authorities in the state media "), distribution of advertising is not allowed.

14. In the TV programs are not allowed advertising in the days of mourning declared in Russia.

15. The restrictions established by this Federal Law on advertising of certain goods in the programs do not apply to: 1) The advertisement posted at the site of the event, broadcast live or recorded, except in specially created for broadcast productions; 2) The advertisement circulated in television programs, television broadcasts on television channels, which are accessible only on payment basis with the technical decoding devices.

16. The requirements of this Article shall not apply to: 1) placed in TV shows about TV programs broadcast by the respective channel; 2) The logo of TV programs, and information on this television program.    

 

 

Article 15. Advertising in radio programs and radio broadcasts

1. Interruption or radio broadcast advertising message must be preceded by a subsequent broadcast advertising, except for the interruption of sponsorship advertising.

2. In the radio programs that are not registered as mass media and specialized in communications and advertising materials, the duration of advertising may not exceed twenty percent of broadcasting time during the day.

3. In radio broadcasts are not allowed to interrupt the broadcast advertising of the following: 1) religious broadcasts; 2) The broadcast duration is less than fifteen minutes.

4. Specified in Part 3 of this Article may be interrupted by sponsoring radio ads directly at the beginning and just before the end of the broadcast provided that the total duration of such advertising does not exceed thirty seconds.

5. Is not allowed to interrupt the advertising, including sponsorship advertising, broadcasting propaganda materials distributed in radio programs and radio programs in accordance with Russian legislation on elections and legislation of the Russian Federation on the referendum.

6. In the children's and educational radio programs, the duration of not less than fifteen minutes, allowed the spread of advertising directly to the beginning of the broadcast period of one minute and just before the end of the broadcast period of one minute. In the children's and educational radio programs, the duration of not less than twenty-five minutes, allowed the spread of advertising directly to the beginning of the broadcast period of fifteen minutes and just before the end of the broadcast period of fifteen minutes. In the children's and educational radio programs, the duration of not less than forty minutes, allowed the spread of advertising directly to the beginning of the broadcast, the duration of which is two and a half minutes, and just before the end of the broadcast, the duration of which is two and a half minutes. In the children's and educational radio programs, whose duration is one hour or more, allowed the spread of advertising directly to the beginning of the broadcast of three minutes and just before the end of the broadcast of three minutes.

7. Radio broadcast live or recorded sporting events (including sports games, games, fights, races) can be interrupted by advertising, including sponsorship advertising, only the breaks during sporting events or during their stops.

8. Radio broadcast live or recorded sporting event, which does not provide breaks or stops can be interrupted by advertising in such a way as to interrupt radio broadcasts did not result in the loss of essential information about the sporting event. The total duration of such advertising may not exceed twenty percent of the time broadcast of sports events.

9. Some broadcasts may be interrupted by commercials as many times as fifteen-minute periods include these broadcasts, as well as additional sponsorship advertising directly at the beginning and just before the end of the broadcast provided that the total duration of the sponsorship advertising is less than thirty seconds.

10. The requirements laid down in paragraphs 1 - 9 of this Article shall not apply to radio programs that are registered as mass media, specializing in communications and advertising materials, and broadcast on the grounds of the broadcasting license, provided that the duration of radio programs in such advertising is eighty percent or more of the actual broadcast time during the day.

11. At the level of broadcast advertising of sound and the sound level reports on the follow-broadcast advertising shall not exceed the average level of sound interrupted by advertising or radio broadcasts. Parameters of the ratio of advertising and the sound level of sound interrupted her radio broadcasts, or determined by the requirements of technical regulations.

12. In the radio broadcast in accordance with Federal Law "On the order of coverage of public authorities in the state media," dissemination of advertising is not allowed.

13. In radio broadcasts are not allowed advertising in the days of mourning declared in Russia.

14. The requirements of this Article shall not apply to: 1) is placed in radio broadcasts information about the broadcast of the respective radio channel; 2) Post the name and frequency of its radio broadcasting, as well as other information on this radio program.  

 

 

Article 16. Advertising in print media

Placing text advertising in periodicals, not specializing in communications and advertising material must be marked "advertisement" and marked "for publicity." The amount of advertising in such publications should be no more than forty percent of a number of periodicals. The requirement for compliance with the specified volume does not apply to periodicals that are registered as specializing in communications and advertising materials and on the cover and in the output of which provides information on this specialization.    

 

 

Article 17. Advertising, released in cinema and video

In cinema and video advertising is not allowed interrupt the film, as well as a combination of advertising with a demonstration of the film means "crawl" or otherwise of the imposition of the frame exhibited by the film.    

 

 

Article 18. Advertising and telecommunication networks for distributed

(In the red. Federal Law of 27.10.2008 N 179-FZ) (See the text in the previous edition)

1. Dissemination of advertising for telecommunication networks, including through the use of telephone, facsimile, mobile radio communications, is permitted only with prior consent of the subscriber or recipient to receive advertising. At the same time recognizes the ads distributed without the prior consent of the subscriber or recipient, if the advertisement does not prove that such consent was obtained. Advertisement shall immediately cease the dissemination of advertisements to the person who applied to him with such a requirement.

2. You may not use telecommunication networks for the dissemination of advertising with application of selection and (or) a set of subscriber numbers without human intervention (automatic dozvanivaniya, automatic distribution).

3. With reference telephone service (both paid and free), including those carried out by means of mobile radio communications, advertising can be granted only after the message information requested by the subscriber.

4. In providing telephone connections to the conditions of time-based pay system time within which covers advertising, should not be considered in determining the cost of such telephone services.

5. Repealed. - Federal Law of 27.10.2008 N 179-FZ. (See the text in the previous edition)  

 

 

Article 19. Outdoor advertising structures and installation of

1. The spread of outdoor advertising, using billboards, benches, building nets, banners, electronic displays, balloons, balloons and other technical means of stable spatial location (hereinafter - the advertising structures), mounted and available on the external walls, roofs and other structural elements of buildings, structures , structures or outside them, as well as stopping points of public transport by the owner of an advertising structure, which is advertisement distributors, subject to the requirements of this article. The owner of an advertising structure (natural or legal person) - the owner of an advertising structure, or other person having rights in rem in advertising design or right of possession and use of advertising design in a contract with its owner. (In the red. Federal Law of 21.07.2007 N 193-FZ) (See the text in the previous edition)

2. Advertising structure shall be used solely for the purpose of advertising, public service announcements. (In the red. Federal Law of 21.07.2007 N 193-FZ) (See the text in the previous edition)

3. Advertising on the sign of the road, its support or any other devices intended to control traffic is not allowed.

4. Advertising design and its territorial distribution must comply with technical regulations.

5. Installation and operation of the advertising structure implemented by the owner under a contract with the owner of the land, buildings or other real estate, joined by advertising structure, or with a person, jurisdiction to the owner of such property, including a tenant. If the installation and operation of the advertising structure is supposed to use the common property of the owners of the premises in an apartment house, a contract for the installation and operation of the advertising structure is possible only with the consent of the owners of the premises in an apartment house, obtained in accordance with the Housing Code of the Russian Federation. The conclusion of such contract is carried out by a person authorized on its conclusion, the general meeting of owners of premises in an apartment building. The contract for the installation and operation of the advertising structure is for a period of five years, except for the contract for the installation and operation of temporary advertising structure, which can be imprisoned for not more than twelve months. Upon expiry of the contract for the installation and operation of the advertising structure obligations of the parties under the contract be terminated. Signing a contract for the installation and operation of the advertising structure shall be in accordance with the provisions of this Federal law and civil law. (In the red. Federal laws of 21.07.2007 N 193-FZ, of 27.09.2009 N 228-FZ) (See the text in the previous edition)

5.1. Signing a contract for the installation and operation of an advertising structure on the land, building or other real property located in the state or municipal ownership, is based on the tender (in the form of an auction or competition) conducted by public authorities, local authorities or their authorized organizations accordance with the laws of the Russian Federation. The form of bidding (auction or tender) is established by public authorities or by representative bodies of municipalities. (Part pyataya.1 federal law from 21.07.2007 N 193-FZ)

5.2. Bidder (in the form of an auction or tender) may not be the person who holds a privileged position in the provision of outdoor advertising at the time of application for participation in the auction. If the results of the auction or competition, a person acquires a privileged position, these results are invalid. (Part pyataya.2 federal law from 21.07.2007 N 193-FZ)

5.3. The preferred position of the person in the provision of outdoor advertising in the municipal area or city district, areas of federal cities of Moscow and St. Petersburg is recognized position of the person, where its share in this sector in these areas exceed thirty-five percent (except if the territory of the municipal district or municipal district is established not more than ten advertising structures). The share of persons in the provision of outdoor advertising is defined as the ratio of the total area of ??the information fields of advertising structures, permits are issued for the installation of the person and its affiliates in the respective territory, the total area of ??the information fields of all advertising structures, permits are issued for the installation of the territory. For the purposes of this article, the information field of advertising design is understood part of the advertising structure that is used for promotional purposes. (Part pyataya.3 federal law from 21.07.2007 N 193-FZ)

5.4. In determining the total area of ??the information fields of advertising structures, permits are issued for the installation of one person, take into account the area of ??information fields of temporary advertising structures. Temporary advertising structures are recognized advertising design, placement period which is due to their functional purpose and the place of installation (construction mesh fencing of construction sites, places of commerce and other similar places, and other similar equipment) and amounts to no more than twelve months. (Part pyataya.4 federal law from 21.07.2007 N 193-FZ)

5.5. To participate in the bidding (auction or tender) the person shall provide, respectively, in state authority, local authority information on the total area of ??the information fields of advertising structures, permits are issued for the installation of this person and its affiliates in the territory. (Part pyataya.5 federal law from 21.07.2007 N 193-FZ)

5.6. Auction or tender for a contract for the installation and maintenance of advertising structures on the land, building or other real estate which is in a state or municipal property, and which on the basis of an agreement between respectively public authority, local authority and the owner of an advertising structure established advertising design, carried out by the expiry of the contract for the installation and operation of the advertising structure. (Part pyataya.6 federal law from 21.07.2007 N 193-FZ)

5.7. In the event that participation in an auction or tender, one participant admitted to the auction or tender declared invalid. Subject to the requirements established by Section 5.2 - 5.5 of this Article, the contract for the installation and operation of the advertising structure is to a person who was the sole bidder, or the competition. (Part pyataya.7 federal law from 21.07.2007 N 193-FZ)

6. If real estate, joined by advertising structure, embodied by the owner to another person at the right of economic management, operational management, or other proprietary right, the contract for the installation and operation of the advertising structure is to a person with the right of economic management, the right of operational management or any other real right in such real property, with the consent of the owner and in compliance with the requirements established by Section 5.1 - 5.5 of this article. (In the red. Federal Law of 21.07.2007 N 193-FZ) (See the text in the previous edition)

7. If real estate, joined by an advertising design, submitted by the owner in trust, contract for installation and operation of the advertising structure is to the trustee, provided that the trust management agreement does not limit the trustee for such action with the appropriate property.

8. For the period of the contract owner has the right advertising structure unimpeded access to real estate, joined by an advertising design, and use this property for purposes related to the implementation of the rights of the owner of advertising design, including its operations, maintenance and dismantling.

9. Installation of advertising structures shall be allowed a permit for the installation of an advertising structure (hereinafter - permit), issued on the application of the owner or other specified in paragraphs 5 - 7 of this article the legal owner of the immovable property or the owner of an advertising structure local government municipal district or local City District Government in the territories which it is supposed to carry out the installation of the advertising structure.

9.1. Permission for the installation of the advertising structure on the land, building or other real property regardless of ownership of real property issued to a person not primarily engaged in distribution of outdoor advertising in accordance with paragraphs 5.3 and 5.4 of this article. (Part devyataya.1 federal law from 21.07.2007 N 193-FZ) 9.2. Permits issued by the local authority of the municipal district or a local authority urban district in violation of parts 5.1, 5.2, 5.5 - 5.7 and 9.1 of this Article shall be canceled on the basis of the antimonopoly body. (Part devyataya.2 federal law from 21.07.2007 N 193-FZ) 9.3. The person to whom the permit was granted for the installation of the advertising structure shall be obliged to notify the local authority that issued such a permit, all the facts of any third party rights in respect of the advertising structure (delivery of advertising design in the lease, making the advertising structure as a contribution under a partnership , a contract of trust management, and other facts). (Part devyataya.3 federal law from 21.07.2007 N 193-FZ)

10. Installation of advertising structures without permission (unauthorized installation) is not allowed. In the case of unauthorized re-install the advertising structure is to be dismantled on the basis of the requirements of the local government of the municipal district or local authority urban district, in areas that are running an advertising design.

11. For specified in Part 9 of this Article shall be accompanied by: On peculiarities of application of paragraph 1 of Part 11 of Article 19 of this document until July 1, 2012, see article 74 of the Federal Law of 01.07.2011 N 169-FZ. 1) data about the applicant - natural person. Data on state registration of legal entity or the state registration of a person as an individual entrepreneur is requested by the authorized permitting authority in the federal executive authority to make state registration of legal entities and natural persons as individual entrepreneurs and private (peasant) farms; (Section 1, as amended. Federal Law of 01.07.2011 N 169-FZ) (See the text in the previous edition) 2) confirmation in writing to the owner's consent or otherwise specified in paragraphs 5 - 7 of this article the legal owner of the real property in connection to this property of the advertising structure, unless the applicant is the owner or other lawful owner of the immovable property. If the installation and operation of the advertising structure is necessary to use the common property of the owners of the premises in an apartment house, a document certifying the consent of the owners, is a protocol of general meeting of owners of premises in an apartment building. (In the red. Federal Law of 27.09.2009 N 228-FZ) (See the text in the previous edition)

12. The local authority of the municipal district or local authority urban district may not require the applicant to furnish documents and information not related to the spatial location, appearance and technical parameters of the advertising structure, as well as from the state to levy a surcharge fee for the preparation, design, permit and perform other related to the issuance of permit actions.

13. The local authority of the municipal district or local authority itself carries out the urban district agreement with the competent authorities, necessary for a decision to grant or to refuse to extradite him. In this case the applicant shall be entitled to receive from the competent authorities so agree and submit it to the local authority of the municipal district or local authority urban district.

14. The decision in writing to the permit or to refuse to extradite him to be sent to the local government of the municipal district or a local authority urban district to the applicant within two months from the date of receiving from him the necessary documents. The applicant has not received within the specified period from the local authority of the municipal district or a local government decision urban district in writing of the grant or refusal to issue, within three months may apply to a court or tribunal to declare omission of relevant local government illegal.

15. The decision to deny a permit must be motivated and accepted by the local government of the municipal district or a local authority exclusively urban district on the following grounds: 1) The discrepancy between the advertising of the project design and its spatial distribution requirements of technical regulations; 2) the discrepancy between the installation of advertising design in the claimed place of territorial planning scheme or master plan; 3) violation of regulations on traffic safety; 4) Violation of the external architectural appearance of the existing building settlements or urban district; 5) violation of the laws of the Russian Federation about the objects of cultural heritage (monuments of history and culture) of the Russian Federation, their protection and use; 6) The conditions specified in Section 5.1 - 5.7 and 9.1 of this article. (Paragraph 6 was introduced by Federal law from 21.07.2007 N 193-FZ)

16. In case of failure of the local government of the municipal district or a local government district in the city permit the applicant within three months from the date of receipt of the decision to deny a permit may apply to a court or tribunal to declare that decision unlawful.

17. The permit is issued by the local government of the municipal district or a local authority urban district for each advertisement for the duration of the construction contract for the installation and operation of the advertising structure. The permit specifies the owner of an advertising structure, the owner of the land, buildings or other immovable property is attached to an advertising design, advertising type of construction, the area of ??the information field, the place of installation of advertising designs, the term of the permit, the authority which issued the permit number and date of issuance, and other information. (In the red. Federal Law of 21.07.2007 N 193-FZ) (See the text in the previous edition)

18. Local authority of the municipal district or a local authority urban district decision to annul the resolution was adopted:

1) within one month from the date of his own design advertising notice in writing of its refusal to permit further use;

2) within one month from the date of his owner or other lawful owner of the immovable property is attached to an advertising design, document confirming the termination of the contract between such owner or the owner of such real property and the owner of an advertising design;

3) If within one year from the date of issuance of the permit advertising structure has not been established;

4) if the advertising structure is not used for the dissemination of advertising, public service announcements; (In the red. Federal Law of 21.07.2007 N 193-FZ) (See the text in the previous edition)

5) if the permit issued to a person who has concluded a contract for the installation and operation of the advertising structure in violation of the requirements set forth in items 5.1 - 5.7 of this Article, or the results of the auction or tender invalid under the laws of the Russian Federation; (Section 5 was introduced by Federal law from 21.07.2007 N 193-FZ)

6) In case of violation of the requirements set forth in items 9.1 and 9.3 of this article. (Paragraph 6 was introduced by Federal law from 21.07.2007 N 193-FZ)

19. The decision on cancellation of the permit may be appealed to a court or tribunal within three months from the date of itsreceipt.

20. The permit may be invalidated in court, if: 1) repeated or flagrant violation of advertisement distributors of RF legislation on advertising - the suit of the antimonopoly body; 2) detection of non-compliance of advertising design and placement of the territorial requirements of technical regulations - to claim the body which monitors compliance with technical regulations; 3) improper installation of advertising design in the locality of territorial planning scheme or master plan - to suit the local government; 4) violations of the external architectural appearance of the existing building settlements or urban district - to suit the local government; 5) The discrepancy advertising design requirements of regulations on traffic safety - to claim the body which monitors the safety of traffic; 6) of the pre-emptive provisions in accordance with paragraphs 5.3 and 5.4 of this article - the suit of the antimonopoly body. (Paragraph 6 was introduced by Federal law from 21.07.2007 N 193-FZ)

21. In the case of revocation or invalidation of the owner of an advertising structure or the owner or the rightful owner of a relevant real property to which such a structure is attached, shall carry out removal of the advertising structure within a month and delete the information posted on this advertising design, for three days. (In the red. Federal Law of 21.07.2007 N 193-FZ) (See the text in the previous edition)

22. When non-compliance with obligations to dismantle the structure of advertising the local government of the municipal district or local authority urban district may apply to a court or arbitration court for the enforcement of removal of advertising design. In the event of a court or arbitral tribunal of the enforcement of removal of the advertising structure dismantling, storage or, where necessary, the destruction is carried out by the owner or other lawful property owner, to which was attached an advertising design. At the request of the owner or other lawful owner of such real property owner of an advertising structure shall reimburse him for reasonable expenses incurred in connection with the dismantling, storage or, where necessary, destruction of the advertising structure.

22.1. When non-compliance with the obligation to remove the advertising placed on the design information in the case of revocation or invalidation of the owner or other lawful owner of real property, to which was attached an advertising design, carries out the disposal of this information at your own expense. At the request of the owner or other lawful owner of such real property owner of an advertising structure shall reimburse him for reasonable expenses incurred in connection with the removal of this information. (Part of the twenty vtoraya.1 federal law from 21.07.2007 N 193-FZ)

23. The requirements of this article with regard to obtaining permission does not extend to display cases, kiosks, stalls, mobile items of trade, outdoor umbrellas.

24. The provisions of this article defining the powers of local authorities, apply to municipalities intracity federal cities of Moscow and St. Petersburg, if in accordance with Federal law of October 6, 2003 N 131-FZ "On General Principles of Local Government in the Russian Federation" the laws of the Russian Federation - cities of federal significance Moscow and St. Petersburg is not set the order in which these powers are exercised by public authorities of the Russian Federation.  

 

 

Article 20. Advertising on vehicles and their use

1. Advertise on the vehicle is in a contract concluded between the advertiser and the owner of the vehicle or person authorized by him or by a person of any other proprietary right of the vehicle.

2. Use of vehicles for use solely or primarily as a mobile advertising structures are prohibited.

3. Do not advertise on vehicles: 1) specific and operational services provided to the requirements of technical regulations tsvetograficheskoy certain color; 2) equipped with devices to make a special light and sound signals; 3) the federal postal service, on the sides of which are located on the diagonal white stripes on a blue background; 4) intended for the carriage of dangerous goods.

4. Placing on vehicles of distinctive signs indicating that they belong to any person, not an advertisement.

5. Advertising placed on vehicles should not pose a threat to traffic safety, including the limited review of the control persons and vehicles to other road users, and must meet other requirements of technical regulations.

6. Distribution of audio advertising with vehicles, as well as sound commercial disseminated using vehicles not allowed.

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