Federal law "on advertising" in simple words. Federal Law of the Russian Federation “On Advertising” What is advertising? Law on Advertising

The Law “On Advertising” was adopted on March 13, 2006. The bill regulates comprehensive requirements for materials containing advertising information, transmission methods, 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. Short review gives the reader an idea of ​​the contents of this bill:

• general information about the tasks at hand, requirements, terminology, etc.;
• characteristic features of distribution methods of various types of advertising;
• nature of advertising special types products;
• a union of advertisers empowered to protect the interests of its representatives and create and regulate compliance ethical standards 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 latest 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 this year. Let's look at the amendments that were made:

Article 3

Article 3 of the Law “On Advertising” is valid from latest edition dated 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;
• object of advertising— an object that needs announcement and promotion on the market;
• product— object/work/service that needs to be sold;
• inappropriate advertising- a type of material that does not meet the standards of the law of the Russian Federation;
• advertiser- a manufacturer/seller who promotes his product through advertising;
• advertising producer - a person who comes up with an announcement for a product;
• advertiser - a person who distributes notices of information type in any way and in any form;
• advertising consumers - the public (potential buyers), whose interest the advertising notice should arouse;
• sponsor- a person who helps financially;
• sponsorship advertising - material that is published with a mandatory mention of the sponsor;
• social advertisement— material that is aimed at charity and protecting the interests of the state;
• antimonopoly authority- national antimonopoly authority.

These concepts help to better understand Federal Law No. 38-FZ.

Article 16

Article 27

• contact persons under 18 years of age;
• mislead that gambling is a method of earning money for subsistence;
• assure that the risks are minimal, and the probability of winning is greater than it actually is;
• contain evidence of receipt of winnings by persons who did not receive it;
• assure that gambling will lead to social recognition and success;
• speak negatively about people who do not participate in gambling;
• create the effect that winnings are guaranteed;
• use human and animal images.

Changes have already been made to the second part of Law No. 38-FZ. Advertising is allowed:

• on television and radio programs from 10 pm to 7 am, but advertising of bookmakers is allowed at any time if the duration is no more than 20% of the total time;
• in buildings where gambling is carried out, except for transport infrastructure buildings;
• in newspapers, magazines, etc.

Also, Law No. 38-FZ introduced clauses describing where advertising is allowed:

• carried out by organizers in bookmakers - in newspapers, magazines and other printed publications of a physical education and sports nature, on the Internet;
• in sports facilities;
• on players' sports uniforms or in sports clubs.

Information type notices must contain by law:

• deadline for prize draws;
• information about the organizer, rules of the event, period, place and time of receiving prizes.

However, there is already a version of the law that will come into force at the beginning of September this year. It made changes to the following articles:

Article 5

Law No. 38-FZ describes the requirements applicable to advertising materials. Initially it consisted of 11 points, but in new edition Point 12 was introduced. It states that in the case of placement, based on data obtained from analysis of audience volume, advertising on a television channel, advertisers and distributors must use the specified information in accordance with the agreements they have entered into with organizations. These organizations are authorized to conduct research federal service executive power, which exercises functions of control and supervision in the media sphere.

Otherwise, advertising must be reliable and conscientious. It must be in Russian - this is a mandatory condition. The law prohibits advertising that incites aggression and violence. Advertising materials should not interrupt children's, religious and educational programs. This is only possible 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 the legal entity will be liable under the Civil Code;
• persons whose interests were violated during advertising can go to court/arbitration court and demand compensation for losses, compensation for moral damage, refute the information announced in the advertising material, etc.;
• if advertisers, distributors and manufacturers violate the law, they will receive punishment in accordance with the Code of Administrative Offenses;
• an advertiser who violated the requirements regarding the content of information in advertising prescribed in parts 2-8, 12 (added in new edition) art.5, art. 6-9, Parts 4-6 Article 10, Article 12, Part 3 Article 19, Parts 2 and 6 Article 20, Parts 1, 3, 5 Article 21, Articles 24 and 25, Parts 1 and 6 of Article 26, Parts 1 and 5 of Article 27, Articles 28-30.1 of this Federal Law will be held liable;
• Distributors will be held responsible for violation of the requirements regarding the place, time and means of advertising, prescribed in clause 3, part 4, clause 6, part 5, parts 9-10.2 (parts 10, 10.1 crossed out), 12(added in new edition) Article 5, Article 7-9, 12, 14-18, Parts 2-4 and 9 Article 19, Part 2-6 Article 20, Part 2-5 Article 21, Part 7-9 Article 24, Article 25, Parts 1-5 Article 26, Parts 2 and 5 Article 27, Parts 1, 4, 7, 8, 11 and 13 Article 28, Parts 1, 3, 4 , 6 and 8 Article 29, Parts 1 and 2 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”.

Russian Federation
the federal law
About advertising

(as amended by Federal Laws dated December 18, 2006 No. 231-FZ,
dated 02/09/2007 No. 18-FZ, dated 04/12/2007 No. 48-FZ,
dated July 21, 2007 No. 193-FZ, dated December 1, 2007 No. 310-FZ,
dated May 13, 2008 No. 70-FZ, dated October 27, 2008 No. 179-FZ,
dated 05/07/2009 No. 89-FZ, dated 09/27/2009 No. 228-FZ,
dated December 17, 2009 No. 320-FZ, dated December 27, 2009 No. 354-FZ,
dated 19.05.2010 No. 87-FZ, dated 27.07.2010 No. 194-FZ,
dated 09/28/2010 No. 243-FZ, dated 04/05/2011 No. 56-FZ,
dated 06/03/2011 No. 115-FZ, dated 07/01/2011 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 November 21, 2011 No. 327-FZ, dated July 20, 2012 No. 119-FZ,
dated July 28, 2012 No. 133-FZ, dated May 7, 2013 No. 98-FZ,
dated 06/07/2013 No. 108-FZ, dated 07/02/2013 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 December 28, 2013 No. 416-FZ, dated June 4, 2014 No. 143-FZ,
dated June 28, 2014 No. 190-FZ, dated July 21, 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 December 31, 2014 No. 490-FZ, dated February 3, 2015 No. 5-FZ,
dated 03/08/2015 No. 50-FZ, dated 07/03/2016 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 December 31, 2017 No. 489-FZ, dated April 3, 2018 No. 61-FZ,
dated 07/03/2018 No. 182-FZ, dated 07/03/2018 No. 183-FZ,
dated July 29, 2018 No. 262-FZ, dated August 3, 2018 No. 325-FZ,
dated October 30, 2018 No. 383-FZ, dated December 27, 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 based on compliance with the principles of fair competition, ensuring Russian Federation unity of the economic space, implementation of the right of consumers to receive fair and reliable advertising, creation of favorable conditions for the production and distribution of social advertising, prevention of violations of the legislation of the Russian Federation on advertising, as well as suppression of inappropriate advertising.

Article 2. Scope of application 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 to the consumer of which is mandatory in accordance with federal law;

3) reference, information and analytical materials (reviews of internal and foreign markets, results of scientific research and testing), which do not have as the main goal the promotion of a product on the market and are not social advertising;

4) messages from government bodies, other government bodies, messages from authorities local government, messages from municipal bodies that are not part of the structure of local government bodies, if such messages do not contain information of an advertising nature and are not social advertising;

5) signs and indicators that do not contain advertising information;

6) announcements of individuals or legal entities not related to business activities;

7) information about the product, its manufacturer, importer or exporter, located on the product or its packaging;

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

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 goods also apply to persons performing work or providing services.

4. Special requirements and restrictions established by this Federal Law in relation to the advertising of certain types of goods also apply to advertising of means of individualization of such goods, their manufacturers or sellers, except in the case where advertising of means of individualization of a particular product, its manufacturer or seller does not clearly apply to a product for which advertising 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 number of persons and aimed at attracting attention to the object of advertising, creating or maintaining interest in it and promoting it on the market;

2) object of advertising - goods, means of individualization of a legal entity and (or) goods, manufacturer or seller of goods, results of intellectual activity or an event (including a sports competition, concert, contest, festival, risk-based games, bets), to attract attention to which advertising is directed;
(as amended by Federal Law No. 89-FZ dated 05/07/2009)

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 ensured the provision of funds for the organization and (or) holding of a sports, cultural or any other event, the creation and (or) broadcast of a television or radio program, or the creation and (or) use of another result of creative activity;

11) social advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite number of persons and aimed at achieving charitable and other socially useful goals, as well as ensuring 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

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, and regulatory legal acts of the Government of the Russian Federation adopted in accordance with this Federal Law.

Article 5. General requirements to advertising

2) discredits honor, dignity or business reputation persons, including competitors;

3) is 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 appropriate requirements and restrictions are established, as well as under the guise of advertising of the manufacturer or seller of such goods;

4) is an act of unfair competition in accordance with antimonopoly legislation.

2) about any characteristics of the product, including its nature, composition, method and date of manufacture, purpose, consumer properties, conditions of use of the product, place of its origin, availability of a certificate of conformity or declaration of conformity, marks of conformity and signs of circulation on market, service life, shelf life of goods;

3) about the assortment and configuration of goods, as well as 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 payment, the amount of discounts, tariffs and other conditions for purchasing the 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 equivalent means of individualization of a legal entity, means of individualization of goods;

8) on the rights to use official state symbols (flags, coats of arms, anthems) and symbols of international organizations;

9) about official or public recognition, about receiving medals, prizes, diplomas or other awards;

11) about the results of research and testing;

12) on granting additional rights or benefits to the purchaser of the advertised product;

15) about 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 of conducting risk-based games, bets, including the number of prizes or winnings based on the results of risk-based games, bets, terms, 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) about the source of information subject to disclosure in accordance with federal laws;

18) about the place where, before concluding an agreement for the provision of services, interested parties 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 obligated under the security;

1) induce to commit illegal actions;

2) call for violence and cruelty;

3) resemble road signs or otherwise threaten the safety of road, rail, water or 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 may lead to a distortion of the meaning of information;

3) demonstration of smoking and consumption processes alcoholic products;
(as amended by Federal Law dated July 18, 2011 No. 218-FZ)

4) use of images of medical and pharmaceutical workers except for such use in advertising medical services, personal hygiene products, in advertising, the consumers of which are exclusively medical and pharmaceutical workers, in advertising distributed at the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertising placed in printed publications 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 indications in advertising of medicines, medical services, including methods of prevention, diagnosis, treatment and medical rehabilitation, and medical devices.

6. In advertising, the use of swear words, obscene and offensive images, comparisons and expressions, including those related to gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, coats of arms, hymns), religious symbols, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, as well as cultural heritage sites included in the World Heritage List.

7. Advertising that lacks some essential information about the advertised product, the conditions for its acquisition or use is not allowed, if this distorts the meaning of the information and misleads consumers of the advertisement.

7.1. In advertising of goods and other advertising objects, cost indicators must be indicated in rubles, and, if necessary, they can additionally be indicated in foreign currency.
(Part 7.1 introduced by Federal Law dated April 12, 2007 No. 48-FZ)

8. Advertising of goods for which the rules of use, storage or transportation or application regulations have been approved in accordance with the established procedure must not contain information that does not comply with such rules or regulations.

9. Use in radio, television, video, audio and film production or other products and distribution is not permitted hidden advertising, that is, advertising that has an impact on their consciousness that is not realized by advertising consumers, including such an impact through the use of special video inserts (double audio recording) and other methods.

10. Advertising in textbooks is not allowed, textbooks, other educational literature intended for teaching children the basic educational programs primary general, basic general, secondary general education, school diaries, school notebooks.
(as amended by Federal Laws dated July 21, 2011 No. 252-FZ, dated July 2, 2013 No. 185-FZ)

10.1. It is not permitted 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 indicating the category of this information product.
(Part 10.1 introduced by Federal Law dated July 21, 2011 No. 252-FZ)

10.2. It is not permitted to distribute advertising containing information prohibited for distribution among children in accordance with Federal Law of December 29, 2010 No. 436-FZ "On the protection of children from information harmful to their health and development" in intended for children educational organizations, children's medical, sanatorium-resort, physical education and sports organizations, cultural organizations, recreation and health organizations for children, or at a distance of less than one hundred meters in a straight line without taking into account artificial and natural barriers from the nearest point bordering the territories of these organizations.
(Part 10.2 introduced by Federal Law dated July 21, 2011 No. 252-FZ; as amended by Federal Law dated May 1, 2019 No. 93-FZ)

10.3. It is not allowed to place advertisements on payment documents for payment of rent for residential premises and public 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 introduced by Federal Law dated 04/03/2018 No. 61-FZ)

11. When producing, placing and distributing advertising, the requirements of the legislation of the Russian Federation must be observed, 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 dated December 18, 2006)

12. In the case of advertising on a TV channel (in TV programs, TV shows) based on data obtained from a study of the volume of viewership of TV channels (TV programs, TV shows), advertisers, advertising distributors and their representatives and intermediaries are obliged to use the specified data in accordance with the agreements concluded specified persons or their associations with organizations (organizations) authorized (authorized) to conduct specified studies by the federal executive body exercising control and supervision functions in the field of the media, mass communications, information technologies and connections.
(Part 12 introduced by Federal Law dated July 3, 2016 No. 281-FZ)

Article 6. Protection of minors in advertising

In order to protect minors from abuse of their trust and lack of experience in advertising, the following are not allowed in advertising:

1) discrediting parents and educators, undermining trust in them among minors;

2) encouraging minors to convince their parents or other persons to purchase the advertised product;

3) creating a distorted idea among minors about the availability of goods for families with any level of income;

4) creating the impression among minors that possession of the advertised product puts them in a preferential position over their peers;

5) the formation of an inferiority complex among 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 dated July 21, 2011 No. 252-FZ)

7) understatement of the level of skills necessary to use the advertised product among minors of the age group for which this product is intended;

8) the formation of an inferiority complex among minors associated with their external unattractiveness.

Article 7. Products, advertising of which is not allowed

1) goods, the production and (or) sale of which are 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 No. 87-FZ dated May 19, 2010, No. 89-FZ dated May 1, 2019)

3) explosives and materials, with the exception of 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 work or services for assessment (confirmation) of conformity, including the acceptance and review of documents necessary for implementation specified works and (or) 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 indicating the name of the accredited legal entity or surname, name and ( if available) the patronymic name of the accredited individual entrepreneur and the unique number of the accreditation entry in the register of accredited persons;
(as amended by Federal Law No. 262-FZ dated July 29, 2018)

7) goods, the production and (or) sale of which requires obtaining 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 dated October 21, 2013 No. 274-FZ)

9) medical services for artificial termination of pregnancy;
(Clause 9 introduced by Federal Law No. 317-FZ dated November 25, 2013)

10) services for the preparation and writing of final qualifying works, scientific reports on the main results of prepared scientific and qualifying works (dissertations) and other works provided for state system scientific certification or necessary for students to pass intermediate or final certification.
(Clause 10 introduced by Federal Law No. 383-FZ dated October 30, 2018)

Article 8. Advertising of goods at remotely their sales

Advertisements for goods sold remotely must include information about the seller of such goods: name, location and state registration number of the record of the creation of a legal entity; last name, first name, patronymic, main state registration number of the record of state registration of an individual as an individual entrepreneur.

Article 9. Advertising about promotional events

An advertisement announcing a competition, game or other similar event, the condition for participation in which is the purchase of a specific product (hereinafter referred to as an incentive event), must indicate:
(as amended by Federal Law No. 416-FZ dated December 28, 2013)

1) the timing of such an event;

2) the source of information about the organizer of such an event, the rules of 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, government bodies, other state bodies and local government bodies, as well as municipal bodies that are not part of the structure of local government bodies.

2. State authorities, other state bodies and local government bodies, as well as municipal bodies that are not part of the structure of local government bodies, purchase works and services for the production and distribution of social advertising in accordance with the legislation of the Russian Federation on contract system in the field of procurement of goods, works, services to meet state and municipal needs.
(as amended by Federal Law No. 396-FZ dated December 28, 2013)

3. Concluding an agreement for the distribution of social advertising is mandatory for the 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 a printed publication, the total advertising space of advertising structures). The conclusion of such an agreement is carried out in the manner established Civil Code Russian Federation.

4. B social advertising Mention of specific brands (models, articles) of goods, trademarks, service marks and other means of their individualization, of individuals and legal entities is not allowed, except for the cases provided for in Part 5 of this article.
(as amended by Federal Law dated June 3, 2011 No. 115-FZ)

5. The restrictions established by part 4 of this article do not apply to references to government bodies, other government agencies, local government bodies, municipal bodies that are not part of the structure of local government bodies, sponsors, socially oriented non-profit organizations that meet the requirements established by this article, as well as individuals who find themselves in difficult life situations or in need of treatment, for the purpose of providing them with charitable assistance. In social advertising, mention of socially oriented non-profit organizations is allowed 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 beneficial goals.
(Part 5 introduced by Federal Law dated June 3, 2011 No. 115-FZ)

6. In social advertising distributed in radio programs, the duration of mention of sponsors cannot exceed three seconds, in social advertising distributed in television programs, for film and video services - three seconds and such a mention should be allocated no more than seven percent of the frame area , and in social advertising distributed by other means - no more than five percent of the advertising area (space). These restrictions do not apply to references in social advertising to government bodies, other government bodies, local government bodies, municipal bodies that are not part of the structure of local government bodies, socially oriented non-profit organizations, as well as individuals who find themselves in difficult situations. life situation or those in need of treatment, in order to provide them with charitable assistance.
(Part 6 introduced by Federal Law dated June 3, 2011 No. 115-FZ)

Article 11. Validity period of an advertisement 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, unless a different period is specified in it.

Article 12. Storage periods for advertising materials

Advertising materials or copies thereof, including all changes made to them, as well as contracts for the production, placement and distribution of advertising must be stored for a year from the date of the last distribution of advertising or from the date of expiration of such contracts, except for documents in respect of which the legislation of the Russian Federation establishes otherwise.

Article 13. Provision of information by the advertiser

The advertiser, at the request of the 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, mandatory certification, and state registration.

Chapter 2. Features of individual methods of advertising distribution

Article 14. Advertising in television programs and broadcasts

1. Interruption of a television program or television broadcast by advertising, that is, stopping the broadcast of a television program or television program to display advertising, must be preceded by a message about the subsequent broadcast of advertising, with the exception of interruption by sponsorship advertising.

1) occupy more than seven percent of the frame area;
2) be superimposed on subtitles, as well as explanatory notes.

3. The total duration of advertising distributed in a television program (including such advertising as television shopping), interruption of a television program by advertising (including sponsorship advertising) and combining advertising with a television program using the “crawling line” method or in any other way of superimposing it on a frame of a television program cannot exceed twenty percent of the broadcast time for an hour and fifteen percent of the broadcast time for a day, except for the cases provided for in parts 3.4 and 3.5 of this article.
(as amended by Federal Laws dated December 31, 2017 No. 489-FZ, dated August 3, 2018 No. 325-FZ)

3.1 - 3.3. Lost power. - Federal Law of July 21, 2014 No. 264-FZ.

3.4. In the television program of a television channel, which, in accordance with the broadcast 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 television program using the “crawling line” method cannot exceed five percent of the broadcast time for an hour in excess of the total duration of advertising provided for in Part 3 of this article.
(Part 3.4 introduced by Federal Law No. 489-FZ dated December 31, 2017)

3.5. In information and entertainment television programs of a television channel, which, in accordance with the broadcast 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 program using the “crawling line” method cannot exceed fifteen percent of the broadcast time for an hour in excess of the duration of the advertisement in the television program provided for in parts 3 and 3.4 of this article.
(Part 3.5 introduced by Federal Law No. 489-FZ dated December 31, 2017)

1) religious television programs;
2) television programs lasting less than fifteen minutes.

5. The television programs specified in Part 4 of this article may be interrupted by sponsorship advertising immediately at the beginning and immediately before the end of such television programs, provided that the total duration of such advertising does not exceed thirty seconds.

6. It is not allowed to interrupt with advertising, including sponsorship advertising, the broadcast of campaign materials distributed in television programs and 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, the dissemination of advertising for certain types of goods, the advertising features of which are established by Chapter 3 of this Federal Law, is not allowed. This restriction does not apply to sponsorship advertising, with the exception of sponsorship advertising of alcoholic beverages, military products and weapons, risk-based games, betting, services for concluding annuity agreements, including lifelong maintenance agreements with dependents, and the activities of mediators to ensure the conduct of the mediation procedure .
(Part 7 as amended by Federal Law No. 325-FZ dated 03.08.2018)

8. Broadcast of live or recorded sports competitions (including sports matches, games, fights, races) may be interrupted by advertising, including sponsorship advertising, only during breaks during sports competitions or during their stops.

9. A live or recorded broadcast of a sporting event that does not include breaks or stops may be interrupted by advertising in such a way that the interruption of the broadcast does not result in the loss of any essential information about the sporting event. However, the total duration of such advertising cannot exceed twenty percent of the actual broadcast time of the sporting event.

10. Other television programs, including feature films, may be interrupted by advertising in such a way that the duration of each interruption of these television programs by advertising 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 advertising materials and are broadcast on the basis of a broadcast license, provided that in such television programs The duration of advertising is eighty or more percent of the actual broadcast time during the day.
(as amended by Federal Law No. 270-FZ dated July 21, 2014)

12. When broadcasting an advertisement, the volume level of its sound, as well as the volume level of the message about the subsequent broadcast of an advertisement, should not exceed the average volume level of the sound of a television program or TV program interrupted by advertising. The ratio of the volume level of the sound of an advertisement and the volume level of the sound of a television program or television program interrupted by it is determined on the basis of a methodology for measuring the volume level of the sound of advertising in television programs and television programs, 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 detection of an excess of the volume level of the sound of an advertisement above the average volume level of the sound of a television program or broadcast interrupted by it is carried out by the antimonopoly authority both during monitoring of compliance with the requirements for the volume level of the sound of advertising, carried out in the manner established by the federal antimonopoly authority, and as a result of conducting 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 programs broadcast in accordance with the Federal Law of January 13, 1995 No. 7-FZ “On the procedure for covering the activities of public authorities in state media” (hereinafter referred to as the Federal Law “On the procedure for covering the activities of public authorities in public media” mass media"), distribution of advertising is not allowed.

14. It is not allowed to distribute advertising in television programs on days of mourning declared in the Russian Federation.

14.1. It is not allowed to distribute advertising in television programs, television programs on television channels, access to which is carried out exclusively on a paid basis and (or) using decoding technical devices. Distribution of advertising is allowed on the specified television channels in the case of distribution of at least seventy-five percent of the national products of the media, which means products in Russian or other languages ​​of the peoples of the Russian Federation or in foreign language(if this product is intended for a Russian mass media), which is produced by citizens of the Russian Federation, and (or) organizations duly registered on the territory of the Russian Federation, and (or) by order of a Russian mass media and Russian investments in production of which is no less than fifty percent. The products of mass media created in accordance with international treaties of the Russian Federation are also recognized as national mass media products. The procedure for confirming the compliance of national media products with the specified requirements is established by the federal antimonopoly body. Activities involving translation, duplication, and subtitling of foreign media products are not recognized as production of national mass media products. All-Russian compulsory public television channels, as well as television channels distributed on the territory of the Russian Federation using limited radio frequency resources through terrestrial broadcasting in the manner prescribed by law, are not recognized as television channels that are accessed exclusively on a paid basis and (or) using decoding technical devices. Russian Federation on the 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 location of an event broadcast live or recorded, with the exception of productions specially created for broadcast.
(Part 15 as amended by Federal Law No. 270-FZ dated July 21, 2014)

16. The requirements of parts 1 - 11 and 13 - 15 of this article do not apply to:

1) information posted in television programs about television programs broadcast on the relevant television channel;
2) TV program logo and information about this TV program.

Article 15. Advertising in radio programs and broadcasts

1. Interruption of a radio program or broadcast by advertising must be preceded by a message about the subsequent broadcast of advertising, with the exception of interruption by sponsorship advertising.

2. In radio programs that are not registered as mass media and specialize in messages and advertising materials, the duration of advertising cannot exceed twenty percent of the broadcast time during the day.

3. In radio programs it is not allowed to interrupt the following radio programs with advertising:

1) religious radio broadcasts;
2) radio broadcasts lasting less than fifteen minutes.

4. The radio broadcasts specified in Part 3 of this article may be interrupted by sponsorship 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 sponsorship advertising, the broadcast of campaign materials distributed in radio programs and 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 programs, the distribution of advertising for certain types of goods, the specifics of advertising of which are established by Chapter 3 of this Federal Law, is not allowed. This restriction does not apply to sponsorship advertising, with the exception of sponsorship advertising of alcoholic beverages, military products and weapons, risk-based games, betting, services for concluding annuity agreements, including lifelong maintenance agreements with dependents, and the activities of mediators to ensure the conduct of the mediation procedure .
(Part 6 as amended by Federal Law No. 325-FZ dated 03.08.2018)

7. Radio broadcasts of live or recorded sports competitions (including sports matches, games, fights, races) may be interrupted by advertising, including sponsorship advertising, only during breaks during sports competitions or during their stops.

8. A live or recorded radio broadcast of a sports competition that does not include 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 some essential information about the sports competition. However, the total duration of such advertising cannot exceed twenty percent of the broadcast time of a sports competition.

9. Other radio broadcasts may be interrupted by advertising as many times as fifteen-minute periods include these radio broadcasts, as well as additionally by sponsorship advertising immediately at the beginning and immediately before the end of the radio broadcast, provided that the total duration of such sponsorship 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 advertising materials and are broadcast on the basis of a broadcasting license, provided that in such radio programs the duration of advertising constitutes eighty or more percent of the actual broadcast time during the day.

11. When broadcasting an advertisement, the volume level of its sound, as well as the volume level of the message about the subsequent broadcast of advertising, should not exceed the average volume level of the sound of a radio program or radio program interrupted by advertising. The ratio of the volume level of the sound of an advertisement and the volume level of the sound of a radio program or broadcast interrupted by it is determined on the basis of the methodology for measuring the volume level of the sound 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 detection of an excess of the volume level of the sound of an advertisement above the average volume level of the sound of a radio program or broadcast interrupted by it is carried out by the antimonopoly authority both during monitoring of compliance with the requirements for the volume level of the sound of advertising, carried out in the manner established by the federal antimonopoly authority, and as a result of conducting 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 No. 338-FZ dated November 4, 2014, No. 182-FZ dated July 3, 2018)

12. In radio programs broadcast in accordance with the Federal Law “On the Procedure for Covering the Activities of State Authorities in State Mass Media,” the distribution of advertising is not allowed.

13. Radio programs are not allowed to distribute advertising on days of mourning declared in the Russian Federation.

14. The requirements of parts 1 - 10, 12 and 13 of this article do not apply to:
(as amended by Federal Law No. 338-FZ dated November 4, 2014)

1) information placed in radio programs about radio programs broadcast on the corresponding radio channel;
2) messages about the name of the radio program and the frequency of its broadcast, as well as other information about this 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 “with 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 advertising materials and the cover and imprint of which contain information about such specialization.
(as amended by Federal Law No. 413-FZ dated December 5, 2016)

Article 17. Advertising distributed during cinema and video services

When providing cinema and video services, it is not allowed to interrupt the demonstration of a film with advertising, as well as to combine advertising with the demonstration of a film using the “creeping line” method or in any other way of superimposing it on the frame of the film being shown.

Article 18. Advertising distributed over telecommunication networks

(as amended by Federal Law No. 179-FZ dated October 27, 2008)

1. Distribution of advertising over telecommunication networks, including through the use of telephone, fax, and mobile radiotelephone communications, is permitted only with the prior consent of the subscriber or addressee to receive advertising. In this case, advertising is considered distributed without the prior consent of the subscriber or addressee, unless the advertising distributor proves that such consent was obtained. The advertising distributor is obliged to immediately stop distributing advertising to the person who contacted him with such a demand.

2. It is not allowed to use telecommunication networks to distribute advertising using means of selection and (or) dialing a subscriber number without human intervention (automatic dialing, automatic distribution).

3. For telephone reference services (both paid and free), including those carried out via mobile radiotelephone communications, advertising can be provided only after the information requested by the subscriber has been provided.

4. When providing telephone connections on the terms 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 telephone service.

5. Lost power. - Federal Law of October 27, 2008 No. 179-FZ.

Article 19. Outdoor advertising and installation of advertising structures

1. Distribution outdoor advertising using billboards, stands, construction nets, banners, electronic displays, projection and other equipment intended for projecting advertising onto any surface, balloons, balloons and other technical means stable territorial placement (hereinafter referred to as advertising structures), mounted and located on external walls, roofs and other structural elements of buildings, structures, structures or outside them, as well as traffic stops public transport carried out by the owner advertising design, being an advertising distributor, in compliance with the requirements of this article. The owner of the advertising structure (individual or entity) - the owner of an advertising structure or another person who has a proprietary 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 No. 193-FZ dated July 21, 2007, No. 98-FZ dated May 7, 2013)

3.1. Distribution of outdoor advertising on cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation included in the unified state register of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, their territories is permitted in cases and on the conditions provided for by Federal Law dated 25 June 2002 No. 73-FZ "On objects of cultural heritage (historical and cultural monuments) 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 introduced by Federal Law dated 03/08/2015 No. 50-FZ)

5. The installation and operation of an advertising structure is carried out by its owner under an agreement with the owner of the land plot, building or other real estate 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 the premises for the installation and operation of an advertising structure apartment building, concluding an agreement 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 the manner 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 the general meeting of owners of premises in an apartment building. Upon expiration of the contract for the installation and operation of an advertising structure, the obligations of the parties under the contract terminate. Subjects 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 real estate that is in state or municipal ownership, or on a land plot for which state ownership is not demarcated, are established respectively by the executive authority, the local government body of the municipal district or by the local government body of the city district, depending on the type and type of advertising structure, the technologies used for displaying advertising within the relevant deadlines. The conclusion of an agreement 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 No. 193-FZ dated July 21, 2007, No. 228-FZ dated September 27, 2009, No. 98-FZ dated May 7, 2013)

5.1. The conclusion of an agreement for the installation and operation of an advertising structure on a land plot, building or other real estate in state or municipal ownership is carried out on the basis of bidding (in the form of an auction or competition) conducted by state authorities, local governments 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 government bodies 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 state-owned, municipally owned or for which state ownership is not demarcated, as well as on a building or other real estate owned by constituent entities of the Russian Federation or municipally owned, after approval in accordance with Part 5.8 of this article, schemes for the placement of advertising structures are carried out by a state authority, a local government body of a municipal district or a local government body of a city district or an organization authorized by them only in relation to the advertising structures specified in these schemes.
(Part 5.1 was introduced by Federal Law No. 193-FZ of July 21, 2007, as amended by Federal Law No. 98-FZ of May 7, 2013)

5.2 - 5.5. Lost power. - .

5.6. An auction or competition for concluding 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, respectively, a state authority, a local government body and the owner of an advertising structure, an advertising construction is carried out after the expiration of the contract for the installation and operation of the advertising structure.
(Part 5.6 introduced by Federal Law No. 193-FZ dated July 21, 2007)

5.7. If only one participant is allowed to participate in an auction or competition, the auction or competition is declared invalid and the contract for the installation and operation of an 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 No. 264-FZ dated July 21, 2014)

5.8. Local government bodies of municipal districts or city 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 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 of the placement of advertising structures indicating the types and types of advertising structures, the area of ​​​​information fields and technical characteristics advertising structures. The layout of advertising structures and changes made to it are subject to prior approval with the authorized executive body of the relevant subject of the Russian Federation in the manner established by the highest executive body of state power of the given subject of the Russian Federation. The layout of advertising structures and 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 body of a municipal district or the local government body of a city district in the information and telecommunications network " Internet". For the purposes of this article, the information field of an advertising structure is understood as a part of an advertising structure intended for the distribution of advertising.
(Part 5.8 introduced by Federal Law dated 05/07/2013 No. 98-FZ, as amended by Federal Law dated 07/21/2014 No. 264-FZ)

6. If the real estate to which the advertising structure is attached is assigned by the owner to another person on 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 who has the right of economic management, the right operational management or other proprietary right to such real estate, with the consent of such owner and in compliance with the requirements established by part 5.1 of this article.
(as amended by Federal Laws No. 193-FZ dated July 21, 2007, No. 264-FZ dated July 21, 2014)

7. If the real estate to which the advertising structure is attached is transferred by the owner to trust management, the agreement 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 from performing such actions with the relevant property .

8. For the period of validity of the contract, the owner of the advertising structure has the right to unhindered 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, technical maintenance and dismantling.

9. Installation and operation of an advertising structure is permitted 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 the owner of the advertising structure specified in parts 5, 6, 7 of this article local government body of a municipal district or local government body of a city district, in the territories of which it is planned to install and operate the advertising structure. The said application is submitted by the applicant in writing or in the form electronic document using the federal government information system"Unified portal of state and municipal services (functions)" (hereinafter referred to as the unified portal of state and municipal services) and (or) regional portals of state and municipal services to the local government body of a municipal district or the local government body of a city district, in the territories of which the installation is expected to be carried out and operation of the advertising structure.
(as amended by Federal Laws No. 98-FZ dated 05/07/2013, No. 264-FZ dated 07/21/2014, No. 183-FZ dated 07/03/2018)

9.1. Lost power. - Federal Law of July 21, 2014 No. 264-FZ.

9.2. Permits issued by a local government body of a municipal district or a local government body of a city district in violation of the requirements of parts 5.1, 5.6, 5.7 of this article are subject to cancellation based on an order from the antimonopoly authority.
(Part 9.2 introduced by Federal Law dated July 21, 2007 No. 193-FZ, as amended by Federal Law dated July 21, 2014 No. 264-FZ)

9.3. A person who has been issued a permit to install and operate an advertising structure is obliged to notify the local government body that issued such a permit about all facts that third parties have rights in relation to this advertising structure (leasing 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 introduced by Federal Law No. 193-FZ dated July 21, 2007, as amended by Federal Law No. 98-FZ dated May 7, 2013)

10. Installation and operation of an advertising structure without a permit that has not expired is not permitted. In the case of installation and (or) operation of an advertising structure without a permit that has not expired, it is subject to dismantling on the basis of an order from the local government body of the municipal district or the local government body of the city district in whose territories the advertising structure is installed.
(Part 10 as amended by Federal Law dated 05/07/2013 No. 98-FZ)

11. The application specified in Part 9 of this article is accompanied by:

1) information about the applicant - an individual. Data on the state registration of a legal entity or on the state registration of an individual as an individual entrepreneur is requested by the body authorized to issue permits in the federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) farms;
(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 legal owner of the relevant real estate specified in parts 5, 6, 7 of this article for connection to this property of an 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, a document confirming the consent of these owners is a protocol general meeting owners of premises in an apartment building, including those carried out through absentee voting using the state information system for housing and communal services in accordance with the Housing Code of the Russian Federation. If the applicant has not submitted a document confirming receipt of such consent, on his own initiative, and the corresponding real estate is in state or municipal ownership, the local government body of the municipal district or the local government body of the urban district requests information about the availability of such consent from the authorized body.
(Clause 2 as amended by Federal Law No. 183-FZ dated 07/03/2018)

12. The local government body of a municipal district or the local government body of a city district does not have the right to require the applicant to submit documents and information not related to the territorial location, appearance and technical parameters of the advertising structure, as well as charge, in addition to the state duty, an additional fee for preparation, registration, issuance of a permit and performance of other actions related to the issuance of a permit. The local government body of a municipal district or the local government body of a city district in order to verify the fact whether the applicant or another person who has given consent to attach an advertising structure to the real estate 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 manner of interdepartmental information interaction, from 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 the advertising structure is supposed to be attached.
(as amended by Federal Law No. 133-FZ dated July 28, 2012)

13. The local government body of a municipal district or the local government body of a city district independently carries out coordination with the authorized bodies necessary to make a decision on issuing a permit or refusing to issue it. In this case, the applicant has the right to independently obtain from authorized bodies such approval and submit it to the local government body of the municipal district or the local government body of the urban 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 government body of a municipal district or the local government body of a 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 a decision to issue a permit or to refuse to issue a permit within the specified period from the local government body of a municipal district or a local government body of a city district, within three months, has the right to apply to a court or arbitration court with an application to recognize the inaction of the relevant local government body illegal.
(Part 14 as amended by Federal Law No. 183-FZ dated 07/03/2018)

15. The decision to refuse to issue a permit must be motivated and made by the local government body of a municipal district or the local government body of a city district solely on the following grounds:

2) non-compliance of the installation of the advertising structure in the declared location with the layout of advertising structures (if the installation location of the 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 dated 05/07/2013 No. 98-FZ)

3) violation of the requirements of regulations on traffic safety;

4) violation of the external architectural appearance of the existing development of a settlement or urban district. Local government bodies of municipal districts or local government bodies of urban districts have the right to determine the types and types of advertising structures that are acceptable and unacceptable for installation on the territory of the corresponding municipal entity 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 dated May 7, 2013 No. 98-FZ)

5) violation of the requirements of the legislation of the Russian Federation on objects of cultural heritage (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. In the event of a refusal by a local government body of a municipal district or a local government body of a city district to issue a permit, the applicant, within three months from the date of receipt of the decision to refuse to issue a permit, has the right to apply to a court or arbitration court to declare such a decision illegal.

17. A permit is issued by the local government body of a municipal district or the local government body of a 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 complies with the deadlines established by the constituent entity of the Russian Federation and for which contracts for installation and operation can 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 indicates 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 advertising structure, the area of ​​its information field, the location of installation of the advertising structure, the validity period of the permit, the authority that issued the permit, its number and date issues, other information. The permit is valid until the expiration of the validity period specified in it or until it is canceled or declared invalid. For the purposes of this article, temporary advertising structures are understood as advertising structures, the period of placement of which is determined by their functional purpose and installation location (building nets, fences construction sites, places of trade and similar places, similar technical means) and is no more than twelve months.
(as amended by Federal Laws No. 193-FZ dated July 21, 2007, No. 98-FZ dated May 7, 2013, No. 264-FZ dated July 21, 2014)

18. The local government body of a municipal district or the local government body of a city district makes a decision to cancel a permit:

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 further use permissions;
(as amended by Federal Law No. 183-FZ dated July 3, 2018)

2) within a month from the moment the owner or other legal owner of the real estate to which the advertising structure is attached sends him a document confirming the termination of the agreement concluded between such owner or such owner of the real estate and the owner of the advertising structure;

3) if the advertising structure is not installed within a year from the date of issue of the permit or from the day the advertising structure is dismantled by its owner during the period of validity of the permit;

5) if the permit is 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 declared invalid 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 cancel a permit may be appealed to a court or arbitration court within three months from the date of its receipt.

20. A permit may be declared invalid in court if:

3) non-compliance of the installation of an advertising structure in a given location with the layout of advertising structures (if the installation location of the advertising structure in accordance with Part 5.8 of this article is determined by the layout of advertising structures) - at the request of a local government body;
(Clause 3 as amended by Federal Law dated 05/07/2013 No. 98-FZ)

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 request of the federal executive body authorized by the Government of the Russian Federation in the field of preservation , use, popularization and state protection of cultural heritage objects, in relation to certain objects of cultural heritage 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 preservation, use, popularization and state protection of cultural heritage objects , 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 Government 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 dated 03/08/2015 No. 50-FZ)

6) has become invalid. - Federal Law of July 21, 2014 No. 264-FZ.

20.1. If a change is made to the layout of advertising structures, as a result of which the location of a previously installed advertising structure no longer corresponds to the specified scheme and the permit for the installation and operation of such an advertising structure was declared invalid 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 corresponding local budget. Compensation is subject to justified and confirmed costs of dismantling the advertising structure incurred by its owner, as well as the corresponding part of those actually paid Money in accordance with the terms of the auction and (or) the contract for the installation and operation of an advertising structure, in respect of which the permit was declared invalid. 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 was reduced. Compensation must be paid to the advertising distributor no later than ninety days from the date of making changes to the layout of advertising structures.
(Part 20.1 introduced by Federal Law dated 05/07/2013 No. 98-FZ)

21. The owner of an advertising structure is obliged to dismantle the 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 a city district to dismantle an advertising structure installed and (or) operated without a permit that has not expired, as well as remove the information posted on such an advertising structure within three days from the date of issuance of the specified order.
(Part 21 as amended by Federal Law No. 98-FZ dated 05/07/2013)

21.1. If, within the prescribed period, the owner of the advertising structure has not fulfilled the obligation to dismantle the advertising structure specified in Part 21 of this article or the owner of the advertising structure is unknown, the local government body of the municipal district or the local government body of the city district issues an order to dismantle the advertising structure to the owner or other legal owner of the real estate , to which the advertising structure is attached, with the exception of the case of joining the advertising structure to a 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 the 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 relevant order. Dismantling, storage or, if necessary, destruction of an 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 real estate, 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 introduced by Federal Law No. 98-FZ dated 05/07/2013)

21.2. If, within the prescribed period, the owner or other legal owner of the real estate to which the advertising structure was attached has not fulfilled the obligation to dismantle the advertising structure specified in Part 21 of this article, or the owner or other legal owner of this real estate is unknown, the dismantling of the advertising structure, its storage or in necessary cases, destruction is carried out at the expense of the local budget. At the request of the local government body of a municipal district or the local government body of a city district, the owner of the advertising structure or the owner or other legal owner of the real estate to which the advertising structure was attached is obliged to reimburse the necessary expenses incurred in connection with the dismantling, storage or, if necessary, destruction of the advertising designs.
(Part 21.2 introduced by Federal Law dated 05/07/2013 No. 98-FZ)

21.3. If an advertising structure is attached to a 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, 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 the local government body of a municipal district or the local government body of a city district, the owner of the 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 introduced by Federal Law No. 98-FZ dated 05/07/2013)

22. The decision to issue an order to dismantle an advertising structure, the dismantling of an advertising structure may be appealed to a court or arbitration court within three months from the date of receipt of the relevant order or from the date of dismantling the advertising structure.
(Part 22 as amended by Federal Law No. 98-FZ dated 05/07/2013)

22.1. If the obligation to remove information placed on an advertising structure is not fulfilled, in the event of cancellation of the permit or its recognition as invalid, the owner or other legal owner of the real estate to which the advertising structure was attached shall remove this information at his own expense. At the request of the owner or other legal owner of such real estate, 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 introduced by Federal Law No. 193-FZ dated July 21, 2007)

23. The requirements of this article regarding obtaining permits do not apply to shop windows, kiosks, trays, mobile points of sale, street 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 05/07/2013)

24. The provisions of this article defining the powers of local government bodies apply to intracity municipalities cities of federal significance Moscow and St. Petersburg, if in accordance with the Federal Law of October 6, 2003 No. 131-FZ "On general principles organizations of local self-government in the Russian Federation" the laws of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg - do not establish a procedure according to which these powers are exercised by the state authorities of the specified constituent entities of the Russian Federation.

Article 20. Advertising on Vehicle ah and using them

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 another proprietary right 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 vehicle bodies giving them the appearance certain product is prohibited.
(Part 2 as amended by Federal Law dated 05/07/2013 No. 98-FZ)

1) special and operational services with a certain colorographic coloring provided for by the requirements of technical regulations;

2) equipped with devices for providing special light and sound signals;

3) federal postal service, on the side surfaces of which there are diagonal white stripes on a blue background;

4) intended for the transportation of dangerous goods.

4. Placing distinctive signs on vehicles indicating their ownership by any persons does not constitute advertising.

5. Advertising placed on vehicles must not pose a threat to traffic safety, including limiting the visibility 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 products

2) condemn abstinence from drinking alcohol;

5) contact minors;

6) use images of people and animals, including those made using animation.
(Clause 6 as amended by Federal Law dated July 18, 2011 No. 218-FZ)

1) in periodicals, with the exception of advertising of beer and drinks made from beer, as well as wine and sparkling wine (champagne), produced in the Russian Federation from grapes grown on the territory of the Russian Federation, which should not be placed on the first and last pages newspapers, as well as on the first and last pages and covers of magazines;
(as amended by Federal Laws No. 119-FZ dated July 20, 2012, No. 235-FZ dated July 21, 2014, No. 490-FZ dated December 31, 2014)

2) in printed publications, audio and video products intended for minors;

3) in television and radio programs (except for the cases provided for in parts 7 and 8 of this article), during film and video services;
(Clause 3 as amended by Federal Law No. 490-FZ dated December 31, 2014)

4) on all types of vehicles common use and with their use, as well as outside and inside buildings and structures that ensure the functioning of public transport vehicles, with the exception of places where retail alcoholic products;
(clause 4 as amended by Federal Law dated July 18, 2011 No. 218-FZ)

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-resort, recreational, 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 education, health, sports facilities and at a distance closer than one hundred meters from such facilities, except for the cases provided for in part 6 of this article;
(as amended by Federal Law No. 235-FZ dated July 21, 2014)

8) in the information and telecommunications network "Internet".
(Clause 8 introduced by Federal Law No. 119-FZ dated July 20, 2012)

2.1. Advertising of alcoholic products with an ethyl alcohol content of five percent or more by volume finished products permitted only in stationary retail establishments where retail sales of alcoholic beverages are carried out, including in tasting rooms of such shopping facilities. Advertising of wine and sparkling wine (champagne) produced in the Russian Federation from grapes grown on the territory of the Russian Federation is permitted at exhibitions of food products (with the exception of baby food products) and exhibitions of public catering organizations.
(Part 2.1 was introduced by Federal Law dated July 18, 2011 No. 218-FZ (as amended on July 20, 2012), as amended by Federal Law dated December 31, 2014 No. 490-FZ)

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 no less than ten percent of the advertising area (space).

4. Carrying out promotions, accompanied by the distribution of samples of alcoholic products, is permitted in compliance with the requirements established by the legislation of the Russian Federation on advertising, only in stationary retail outlets, including in the tasting rooms of such retail outlets. At the same time, it is prohibited to involve minors in the distribution of samples of alcoholic products and offer them these samples.
(Part 4 as amended by Federal Law dated July 18, 2011 No. 218-FZ)

5. Advertising about holding an incentive event, the condition for participation in which is the purchase of alcoholic products, is not allowed, with the exception of specialized incentive events conducted for the purpose of selling alcoholic products.
(Part 5 introduced by Federal Law dated July 18, 2011 No. 218-FZ)

6 - 7. Lost force on January 1, 2019. - Federal Law of July 21, 2014 No. 235-FZ.

8. It is permitted to place and distribute advertisements for wine and sparkling wine (champagne) produced in the Russian Federation from grapes grown on the territory of the Russian Federation in television and radio programs (with the exception of live broadcasts or recordings of children’s and youth sports competitions) from 23 until 7 o'clock local time.
(Part 8 introduced by Federal Law No. 490-FZ dated December 31, 2014)

Article 22. Lost force. - Federal Law of July 18, 2011 No. 218-FZ.

Article 23. Lost force on November 15, 2013. - Federal Law of October 21, 2013 No. 274-FZ.

Article 24. Advertising of medicines, medical products and medical services, methods of prevention, diagnosis, treatment and medical rehabilitation, methods of traditional medicine

(as amended by Federal Laws No. 200-FZ dated July 23, 2013, No. 317-FZ dated November 25, 2013)

4) create an idea of ​​the advantages of the advertised object by referring to the fact of conducting research required for state registration of the advertised object;

6) help create an impression in a healthy person about 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 absence of side effects;

2. The requirements of paragraph 6 of part 1 of this article do not apply to advertising of medicines used to prevent diseases.

3. The requirements of paragraphs 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 November 25, 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 introduced by Federal Law No. 317-FZ dated November 25, 2013)

4. The requirements of paragraphs 1 - 8 of part 1 of this article also apply to advertising of medical products.
(as amended by Federal Law No. 200-FZ dated July 23, 2013)

5. The requirements of paragraphs 2 and 3 of part 1 of this article do not apply to advertising distributed at the venues 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 , whose consumers are exclusively medical and pharmaceutical workers.

6. Communication in advertising about the properties and characteristics, including methods of application and use, of medicines and medical devices is allowed only within the limits of the indications contained in the instructions for the use and use of such advertised objects, approved in the established manner.
(as amended by Federal Law No. 200-FZ dated July 23, 2013)

7. Advertising of medicines, 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 advice from specialists. In advertising distributed in radio programs, the duration of such a warning must be no less than three seconds, in advertising distributed in television programs and in cinema and video services - no less than five seconds and must be allocated no less than seven percent of the frame area, and in advertising distributed by other means - no less than five percent of the advertising area (advertising space). The requirements of this part do not apply to advertising distributed at the venues 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 whose consumers are exclusively medical and pharmaceutical workers.
(as amended by Federal Laws No. 200-FZ dated July 23, 2013, No. 317-FZ dated November 25, 2013)

8. Advertising of drugs in forms and dosages sold according to prescriptions medications, methods of prevention, diagnosis, treatment and medical rehabilitation, as well as medical devices, the use of which requires special training, is not permitted except in places where medical or pharmaceutical exhibitions, seminars, conferences and other similar events are held and in places intended for medical and pharmaceutical workers specialized printed publications.
(as amended by Federal Laws No. 200-FZ dated July 23, 2013, No. 317-FZ dated November 25, 2013, No. 190-FZ dated June 28, 2014)

9. Advertising of medicinal products containing narcotic drugs or psychotropic substances approved for medical use, included in the list of narcotic drugs and psychotropic substances, the circulation of which is limited in the Russian Federation 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 is limited in the Russian Federation and in respect of which certain control measures are allowed to 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 medicines at the venues of medical or pharmaceutical exhibitions , seminars, conferences and other similar events and in specialized printed publications intended for medical and pharmaceutical workers.

11 - 12. Lost power. - Federal Law of November 25, 2013 No. 317-FZ.

Article 25. Advertising of dietary supplements and food additives, baby food products

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

4) encourage people to give up healthy eating;

5) create an impression of the benefits of such additives by referring to the fact of conducting studies required for state registration of such additives, as well as 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 object of advertising is not a medicine. In this advertisement distributed in radio programs, the duration of such a warning must be no less than three seconds, in advertising distributed in television programs, cinema and video services - no less than five seconds, and such a warning must be allocated no less than seven percent frame area, and in advertising distributed by other means - no less than ten percent of the advertising area (space).
(Part 1.1 introduced by Federal Law dated July 23, 2013 No. 200-FZ)

2. Advertising of baby food products should not present them as complete substitutes for human milk and contain statements about the benefits of artificial feeding of children. Advertising of products intended for use as human milk substitutes and products included in a child's diet during his first year of life must contain information about the age restrictions for the use of such products and a warning about the need for specialist advice.

Article 26. Advertising of military products and weapons

1) military products, with the exception of advertising of such products for the purpose of 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 ammunition for them is allowed only in specialized printed publications for users of such weapons, in places of production, sale and exhibition of such weapons, as well as in places designated for firing weapons.

4. Advertising of military hand-held small arms, ammunition for them, and bladed weapons is permitted in specialized printed publications, in places of production, sale and display of such weapons, as well as in places designated for firing weapons.

1) in periodicals, the covers and output of which contain information about 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 exhibition of such weapons, as well as in places designated for firing weapons;

3) in television and radio programs from 22 to 7 o’clock 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 these weapons;

2) contact minors;

3) use images of minors.

Article 27. Advertising of risk-based games, betting

1) contact minors;

2) create the impression that participation in risk-based games, betting is a way of earning money or obtaining other income or another way of obtaining a livelihood;

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

7) create the impression that winnings are guaranteed;

8) use images of people and animals.

1) in television and radio programs from 22:00 to 7:00 local time, except for the case provided for in part 2.1 of this article;
(as amended by Federal Law No. 44-FZ dated March 28, 2017)

2) in buildings, structures, structures in which such games and bets are held, with the exception of transport infrastructure facilities (train stations, airports, metro stations and other similar facilities);

3) in periodicals, the covers and output of which contain information about 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 boundaries of gambling zones created in accordance with Federal Law of December 29, 2006 No. 244-FZ "On government regulation activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation."

2.1. It is permitted to distribute advertising of risk-based games, bets carried out by gambling organizers in bookmakers, and (or) means of individualization of gambling organizers in bookmakers during live broadcast or recording of sports competitions (including sports matches, games, fights, races) provided that the total duration of such advertising is no more than twenty percent of the total permissible 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 introduced by Federal Law No. 44-FZ dated March 28, 2017)

2.2. In addition to the cases provided for in Part 2 of this article, the placement and 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 education 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 education 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 that 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 uniforms of athletes and (or) sports clubs.
(Part 2.2 introduced by Federal Law dated March 28, 2017 No. 44-FZ)

3. The requirements of parts 1 and 2 of this article apply respectively to advertising of a gambling organizer, advertising of gambling-related services and advertising of a gambling establishment, including advertising of places of activity providing gambling-related services. At the same time, the requirements of paragraph 8 of part 1 and paragraphs 1 and 2 of part 2 of this article do not apply to advertising of a gambling organizer, advertising of gambling-related services, advertising of a gambling establishment, including advertising of places of activity providing gambling-related services, and advertising gambling, distributed exclusively among persons located within the boundaries of gambling zones created in accordance with the Federal Law specified in paragraph 3 of part 2 of this article.
(Part 3 as amended by Federal Law No. 70-FZ dated May 13, 2008)

4. The requirements of paragraph 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 dated December 28, 2013)

1) an indication of the timing of prize draws in the process of conducting risk-based games and bets;
(as amended by Federal Law No. 70-FZ dated May 13, 2008)

2) a source of information about the organizer of risk-based games, bets, the rules of their conduct, the prize fund of such games, bets, the number of prizes or winnings, the timing, place and procedure for receiving prizes or winnings.

Article 28. Advertising financial services and financial activities

(as amended by Federal Law No. 460-FZ dated 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 dated December 29, 2014 No. 460-FZ)

2) remain silent about other conditions for the provision of 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 the advertisement states at least one of such conditions.

3. If an advertisement for services related to the provision of a credit or loan, its use and repayment of a credit or loan contains at least one condition that affects its cost, such advertising must contain all other conditions that determine the full cost of the credit (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 December 21, 2013)

4. Advertising of services related to management, including trust management, of assets (including securities, investment reserves of joint-stock investment funds, mutual investment funds, pension reserves of non-state pension funds, pension savings, mortgage coverage, savings for housing for military personnel), must contain:

1) the source of information subject to disclosure in accordance with federal law;

2) information about the place or address (telephone number), where, before concluding the relevant agreement, interested parties can familiarize themselves with the terms of asset management, obtain information about the person managing the assets, and other information that must be provided in accordance with federal law and other regulatory legal acts of the Russian Federation.

1) undocumented information if it directly relates to asset management;

2) information on the results of asset management, including their changes or comparisons in the past and (or) at the current moment, not based on profitability calculations determined in accordance with regulations Central Bank Russian Federation;
(clause 2 as amended by Federal Law dated July 23, 2013 No. 251-FZ)

3) information on guarantees of the reliability of possible investments and the stability of the amounts of possible income or costs associated with these investments;

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

5) statements about the possibility of achieving in the future results of asset management similar to the achieved results.

5.1. Advertising encouraging the conclusion of transactions with forex dealers must contain the following indication: “The contracts proposed for conclusion or financial instruments are high-risk and can lead to the loss of the deposited funds in full. Before making transactions, you should familiarize yourself with the risks with which they are associated." Public announcement of prices (the procedure for determining prices), as well as other essential terms of the agreement, is not advertising encouraging the conclusion of transactions with forex dealers.
(Part 5.1 introduced by Federal Law No. 460-FZ dated December 29, 2014)

1) the address of the website on the Internet information and telecommunications network on which information is disclosed by the operator of the investment platform;
2) an indication that concluding agreements using the investment platform under which investments are attracted is highly risky and may lead to the loss of the invested funds in full.

(Part 5.2 introduced by Federal Law dated 02.08.2019 No. 259-FZ)

1) provision of loans;
2) acquisition of placed shares of a non-public joint stock company and emission valuable papers, convertible into shares of a non-public joint stock company;
3) acquisition of utilitarian digital rights.

(Part 5.3 introduced by Federal Law dated 02.08.2019 No. 259-FZ)

6. Advertising related to raising funds from individuals for housing construction is not allowed, with the exception of advertising related to raising 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 raising funds from participants in shared construction for construction (creation) apartment buildings and (or) other real estate objects, must contain information about the location of the project declaration provided for by federal law, the company name (name) of the developer or the commercial designation specified in the project declaration that individualizes the developer. Advertising related to raising 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) capital construction(in the case of 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 dated July 3, 2016 No. 304-FZ)

8. Advertising related to raising funds from participants in shared construction for the construction (creation) of apartment buildings and (or) other real estate is not allowed until a permit for the construction of an apartment building and (or) other real estate has been issued in the prescribed manner, state registration of the right ownership or the right to lease, sublease a land plot on which the construction (creation) of an apartment building and (or) other real estate object is being carried out, which will include shared construction objects, obtaining the conclusion of an authorized person 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 project declaration with the requirements established by the Federal Law of December 30, 2004 year No. 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation”, if obtaining such a conclusion is provided for by the said Federal Law.
(as amended by Federal Laws dated July 3, 2016 No. 304-FZ, dated July 29, 2017 No. 218-FZ)

9. Advertising related to raising funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate is not allowed during the period of suspension in accordance with federal law of the developer’s activities related to raising funds from participants in shared construction for construction (creation) of an apartment building and (or) other real estate.

10. The requirements of parts 7 - 9 of this article also apply to advertising related to the assignment of rights of claim under an agreement for participation in shared construction.

1) information on the procedure for covering losses incurred by members of the housing savings cooperative;
2) information about 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), where information is disclosed by the housing savings cooperative.

12. In advertising related to the attraction and use by a housing savings cooperative of funds from individuals for the purchase of residential premises, it is not allowed to guarantee the timing of the acquisition or construction of residential premises by such a cooperative.

13. Advertising of services for providing consumer loans by persons who do not carry out professional activities in providing consumer loans in accordance with the Federal Law “On Consumer Credit (Loan)” is not allowed.
(Part 13 introduced by Federal Law No. 375-FZ dated December 21, 2013)

14. If the provision of banking, insurance and other financial services or financial activities can be carried out only by persons who have the appropriate licenses, permits, accreditations 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 such requirements is not permitted.
(Part 14 introduced by Federal Law No. 460-FZ dated December 29, 2014)

Article 29. Advertising of securities

1) name of the issuer;

2) the source of information subject to disclosure 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 to pay which is provided for by the decision on the issue or additional issue of equity securities, the rules of trust management of mutual investment funds or the rules of trust management of mortgage coverage or is fixed in securities papers;

2) forecasts for the growth of the market value of securities.

6. Advertising of issue-grade securities is not allowed before the registration of their prospectus, except if, in accordance with federal law, registration of their prospectus is not required for the public placement or public circulation of issue-grade securities.

8. Advertising of exchange-traded bonds is not allowed before the date of their admission by the exchange to trading during the placement of exchange-traded bonds. Advertising of exchange-traded bonds placed under the bond program is not permitted until the exchange registers the exchange-traded bond program.
(Part 8 was introduced by Federal Law No. 18-FZ dated 02/09/2007, as amended by Federal Laws No. 327-FZ dated 11/21/2011, No. 218-FZ dated 07/21/2014, No. 514-FZ dated 12/27/2018)

Article 30. Advertising of services for concluding annuity agreements, including lifelong maintenance agreements with dependents

1) expression of gratitude by individuals who have entered into such agreements;

2) a statement that the conclusion of such agreements has advantages over the will of residential premises or other property;

3) condemnation of family members and close relatives of a potential consumer of such services, allegedly not caring about him;

4) mention of gifts for individuals who have decided to enter into annuity agreements with an advertiser or other person.

2. If the advertiser is an intermediary in concluding annuity agreements, including a lifelong maintenance agreement with a dependent, advertising services for concluding such agreements must contain an indication that the annuity payer under such agreements will be another person.

Article 30.1. Advertising the activities of mediators to ensure the conduct of the mediation procedure

(introduced by Federal Law No. 194-FZ dated July 27, 2010)

1. Advertising the activities of mediators to ensure the conduct of the mediation procedure, who have not completed 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 training mediators is not allowed.

2. Advertising the activities of mediators to ensure the conduct of the mediation procedure must contain information about documents confirming that the mediator has completed training in an additional professional program in the field of mediation, and advertising the activities of the organization carrying out activities to ensure the conduct of the mediation procedure must contain information about the rules approved by this organization. mediation procedures, standards and rules professional activity mediators.
(as amended by Federal Law dated July 2, 2013 No. 185-FZ)

3. Advertising the activities of mediators to ensure the implementation of the mediation procedure should not contain a statement that the use of the mediation procedure as a method of resolving a dispute has advantages over resolving the 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 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 information and telecommunications network ", 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 recognized as an association of advertisers, advertising producers, advertising distributors and other persons, created in the form of an association, union or non-profit partnership for the purpose of representing and protecting the interests of its members, developing requirements for compliance with ethical standards in advertising and ensuring control over their implementation.

Article 32. Rights 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 constituent entities of the Russian Federation, and local government bodies;

2) participate in the consideration by the antimonopoly body of cases initiated on grounds of violation by members of the self-regulatory organization of the legislation of the Russian Federation on advertising;

3) appeal to the appropriate court the normative legal acts of federal government bodies, normative legal acts of government bodies of the constituent entities of the Russian Federation, normative legal acts of local government bodies;

4) apply the penalties provided for in the constituent and other documents of the self-regulatory organization in relation to members of the self-regulatory organization, including exclusion from membership of the self-regulatory organization;

6) exercise control over the professional activities of members of the self-regulatory organization in terms of compliance with the requirements of this Federal Law and the rules of professional activity in the field of advertising, including the requirements of professional ethics;

7) consider complaints against 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 about the activities of members of a self-regulatory organization, the disclosure of which is carried out in the form of reports in the manner and with 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 authority to exercise state supervision in the field of advertising

(as amended by Federal Law No. 242-FZ dated July 18, 2011)

1. The antimonopoly body exercises, within its powers, state supervision over compliance with the legislation of the Russian Federation on advertising, including:
(as amended by Federal Law No. 242-FZ dated July 18, 2011)

1) prevents, identifies and suppresses violations of the legislation of the Russian Federation on advertising by individuals or legal entities;

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

2. The antimonopoly authority has the right:

2) issue to federal executive authorities, executive authorities of constituent entities of the Russian Federation, and local self-government bodies mandatory instructions to cancel or amend acts issued by them that contradict the legislation of the Russian Federation on advertising;

3) bring claims to a court or arbitration court to prohibit the distribution of advertising carried out in violation of the legislation of the Russian Federation on advertising;

4) bring claims to a court or arbitration court for a public refutation of false advertising (counter-advertising) in the case provided for in Part 3 of Article 38 of this Federal Law;

5) apply to the arbitration court with applications to invalidate, 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 to invalidate, in whole or in part, regulatory legal acts of federal executive authorities, regulatory legal acts of executive authorities of constituent entities of the Russian Federation, and regulatory legal acts of local self-government bodies that contradict the legislation of the Russian Federation on advertising;
(as amended by Federal Law dated June 4, 2014 No. 143-FZ)

7) apply liability measures in accordance with the legislation of the Russian Federation on administrative offenses;

8) apply to the arbitration court to invalidate the permit to install an advertising structure in the case provided for in paragraph 1 of part 20 of article 19 of this Federal Law;

9) issue binding orders to local government bodies of a municipal district or local government bodies of a city district to cancel permission to install an advertising structure;
(Clause 9 introduced by Federal Law No. 193-FZ dated July 21, 2007)

10) has become invalid. - Federal Law of 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 governments, advertisers, advertising producers and advertising distributors (hereinafter referred to as legal entities, individual entrepreneurs).
(Clause 11 introduced by Federal Law dated July 18, 2011 No. 242-FZ)

3. Officials of the antimonopoly body exercising state supervision in the field of advertising, in accordance with the powers assigned to them, have the right, upon presentation of their official identification and a copy of the order (instruction) of the head (deputy head) of the antimonopoly body to conduct an inspection, to visit buildings, premises used legal entities, individual entrepreneurs, in order to carry out control measures, obtain documents and information necessary during the inspection.
(Part 3 introduced by Federal Law dated July 18, 2011 No. 242-FZ)

Article 34. Submission of information to the antimonopoly authority

1. Legal entities and individual entrepreneurs are required to submit to the antimonopoly authority (its officials) upon its motivated request within a specified period of time Required 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 in electronic format, as well as provide authorized officials of the antimonopoly authority with access to such information.
(Part 1 as amended by Federal Law dated July 18, 2011 No. 242-FZ)

2. Failure to comply with the requirements of part 1 of this article entails liability of the guilty persons in accordance with the legislation of the Russian Federation on administrative offenses.

Article 35. Responsibilities of the antimonopoly authority to observe commercial, official and other secrets protected by law

1. Information constituting a commercial, official or other secret protected by law and received by the antimonopoly body in the exercise of its powers shall not be subject to disclosure, except for the cases provided for 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 Federal Law dated July 18, 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” apply to relations related to the organization and conduct of inspections of legal entities and individual entrepreneurs in the exercise of state supervision in the field of advertising (supervision) and municipal control" taking into account the specifics of organizing and conducting inspections established by parts 3 - 6 of this article.

3. The subject of the inspection is compliance by legal entities and 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 conducting an unscheduled inspection are:

1) the grounds specified in paragraphs 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 authority based on the results of an analysis of the results of monitoring compliance with mandatory requirements when distributing advertising, consideration or preliminary verification of appeals and applications received by the antimonopoly authority from citizens, including individual entrepreneurs, legal entities, information from government bodies, officials persons of the antimonopoly authority, local government bodies, and from the media about facts of violation of mandatory requirements.
(Part 4 as amended by Federal Law No. 182-FZ dated July 3, 2018)

5. The duration of the inspection cannot exceed twenty working days. In exceptional cases related to the need to conduct complex and (or) lengthy special examinations and investigations on the basis of motivated proposals from officials conducting the inspection, the period for conducting 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 or individual entrepreneur about an unscheduled on-site inspection on the basis specified in paragraph 2 of part 4 of this article is not allowed.
(as amended by Federal Law dated July 3, 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 consideration of such cases and issues orders provided for by this Federal Law.

2. The antimonopoly authority, on its own initiative, on the proposal of the prosecutor, requests from state authorities or local governments, as well as on applications from individuals or legal entities, initiates cases 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 authority to recognize advertising as improper and must contain an instruction to stop its distribution.

4. An order to stop violating the legislation of the Russian Federation on advertising is subject to execution within the period specified in the order. Such 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 is considered unfulfilled if, after the expiration of the deadline for fulfilling 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 government body that contradicts the legislation of the Russian Federation on advertising is issued on the basis of a decision of the antimonopoly body that such an act contradicts 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 government body that is contrary to the legislation of the Russian Federation on advertising must indicate the changes that should be made to such an act to bring it into compliance with the legislation of the Russian Federation on advertising .

7. 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 government body that is contrary to the legislation of the Russian Federation on advertising is subject to execution within the period specified in the order. Such a period cannot 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 the local government body.

8. Failure to comply with 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. Lost power. - Federal Law of July 21, 2014 No. 264-FZ.

Article 37. Challenging decisions and orders of the antimonopoly authority

1. A decision or order of the antimonopoly body may be challenged in court or arbitration court within three months from the date of the decision or issuance of the order.

2. Filing an application to invalidate a decision or order of the antimonopoly body does not suspend the execution of the decision or order, unless a court or arbitration court makes a ruling to suspend the execution of the decision or order.

3. The decision of the antimonopoly body on the application of administrative liability measures for violation of the legislation of the Russian Federation on advertising can be appealed and challenged 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 by individuals or legal entities of the legislation of the Russian Federation on advertising entails liability in accordance with civil law.

2. Persons whose rights and interests are violated as a result of the dissemination of inappropriate advertising have the right to apply in the prescribed manner 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, compensation for moral damage, public refutation of false advertising (counter-advertising).

3. If the antimonopoly authority establishes the fact of dissemination of false advertising and issues a corresponding order, the antimonopoly authority has the right to apply in the prescribed manner to a court or arbitration court with a claim against the advertiser for a public refutation of false advertising (counter-advertising) at the advertiser’s expense. In this case, the court or arbitration court determines the form, place and timing 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 liability for deliberate violation of the legislation of the Russian Federation on advertising.

6. The advertiser is responsible 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 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 06/03/2011 No. 115-FZ, dated 07/18/2011 No. 218-FZ, dated 05/07/2013 No. 98-FZ, dated 07/23/2013 No. 200-FZ, dated 10/21/2013 No. 274-FZ , dated July 3, 2016 No. 281-FZ, dated December 27, 2018 No. 531-FZ)

7. The advertising distributor is responsible 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 July 23, 2013 No. 200-FZ, dated October 21, 2013 No. 274-FZ, dated November 25, 2013 No. 317-FZ, dated December 21, 2013 No. 375-FZ, dated July 3, 2016 No. 281-FZ , dated 04/03/2018 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 budget system of the Russian Federation in the following order:

1) to the federal budget - 40 percent;

2) to the budget of the subject of the Russian Federation in whose territory the legal entity or individual entrepreneur those who violated the legislation of the Russian Federation on advertising - 60 percent.

10. Payment of a fine does not exempt from execution of the order to stop violating 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 comes 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 paragraph 4 of Part 2 of Article 23 of this Federal Law come into force on January 1, 2007.

4. Establish that during the period from July 1, 2006 to January 1, 2008, the total duration of advertising distributed in a television program (including advertising such as television shopping), interruption of a television program by advertising (including sponsorship advertising) and combining advertising with a television program in a manner a “creeping line” or any other way of superimposing it on a frame of a broadcast television program cannot 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) paragraph 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 implementation 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 Legislative Acts of the Russian Federation and Recognition of Invalidity 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 state power of the constituent entities of the Russian Federation" and "On the general principles of organizing 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 the recognition as invalid of 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 normative legal acts of the Russian Federation operating on the territory of the Russian Federation and regulating relations in the field of advertising are brought into compliance with this Federal Law, these laws and other normative legal acts shall be applied to the extent that they do not contradict this Federal Law.

3. Features of the placement (distribution) of advertising during the period of the XXII Olympic Winter Games and the 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 the 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 introduced by Federal Law dated December 1, 2007 No. 310-FZ)

4. Features of the placement (distribution) of advertising on the territory of the Skolkovo Innovation Center are established by the Federal Law “On the Skolkovo Innovation Center”.
(Part 4 introduced by Federal Law dated September 28, 2010 No. 243-FZ)

4.1. Features of the placement (distribution) of advertising in 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 introduced by Federal Law No. 216-FZ dated July 29, 2017)

5. Features of the placement and distribution of advertising on the territory of the Vladivostok urban district during the organization of the meeting of 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 of May 8, 2009 "On organizing a 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 of international cooperation in the Asia-Pacific region and on introducing amendments to certain legislative acts of the Russian Federation."
(Part 5 introduced by Federal Law dated 04/05/2011 No. 56-FZ)

6. Features of the placement and distribution of 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 and the FIFA Confederations Cup in the Russian Federation 2017, the UEFA European Football Championship 2020 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 government bodies and state 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 provided for in Part 1.2 of Article 17 of the Federal Law of October 6, 2003 No. 131-FZ “On General Principles” organization of local self-government in the Russian Federation".
(Part 7 introduced by Federal Law No. 485-FZ dated December 29, 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 goals of this Federal Law are the development of markets for goods, works and services based on compliance with the principles of fair competition, ensuring the unity of the economic space in the Russian Federation, realizing 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 facts of improper advertising.

Article 2. Scope of application 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 to the consumer of which is mandatory in accordance with federal law;

3) reference, information and analytical materials (reviews of domestic and foreign markets, results of scientific research and testing), which do not have the main goal of promoting a product on the market and are not social advertising;

4) messages from state authorities, other government bodies, messages from local government bodies, messages from municipal bodies that are not part of the structure of local government bodies, if such messages do not contain information of an advertising nature and are not social advertising;

5) signs and indicators that do not contain advertising information;

6) announcements of individuals or legal entities not related to business activities;

7) information about the product, its manufacturer, importer or exporter, located on the product or its packaging;

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

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 goods also apply to persons performing work or providing services.

4. Special requirements and restrictions established by this Federal Law in relation to the advertising of certain types of goods also apply to advertising of means of individualization of such goods, their manufacturers or sellers, except in the case where advertising of means of individualization of a particular product, its manufacturer or seller does not clearly apply to a product for which advertising 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 number of persons and aimed at attracting attention to the object of advertising, creating or maintaining interest in it and promoting it on the market;

2) object of advertising - a product, a means of individualizing it, a manufacturer or seller of a product, results of intellectual activity or an event (including a sports competition, concert, competition, festival, risk-based games, bets), to which advertising is aimed at attracting 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 ensured the provision of funds for the organization and (or) holding of a sports, cultural or any other event, the creation and (or) broadcast of a television or radio program, or the creation and (or) use of another result of creative activity;

11) social advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite number of persons and aimed at achieving charitable and other socially useful goals, as well as ensuring 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

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, and regulatory legal acts of the Government of the Russian Federation adopted in accordance with this Federal Law.

2) discredits the honor, dignity or business reputation of a person, including a competitor;

3) is 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 appropriate requirements and restrictions are established, as well as under the guise of advertising of the manufacturer or seller of such goods;

4) is an act of unfair competition in accordance with antimonopoly legislation.

2) about any characteristics of the product, including its nature, composition, method and date of manufacture, purpose, consumer properties, conditions of use of the product, place of its origin, availability of a certificate of conformity or declaration of conformity, marks of conformity and signs of circulation on market, service life, shelf life of goods;

3) about the assortment and configuration of goods, as well as 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 payment, the amount of discounts, tariffs and other conditions for purchasing the 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 equivalent means of individualization of a legal entity, means of individualization of goods;

8) on the rights to use official state symbols (flags, coats of arms, anthems) and symbols of international organizations;

9) about official or public recognition, about receiving medals, prizes, diplomas or other awards;

11) about the results of research and testing;

12) on granting additional rights or benefits to the purchaser of the advertised product;

15) on the rules and timing of an incentive 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 the source of information about such an event;

16) on the rules and terms of conducting risk-based games, bets, including the number of prizes or winnings based on the results of risk-based games, bets, terms, 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) about the source of information subject to disclosure in accordance with federal laws;

18) about the place where, before concluding an agreement for the provision of services, interested parties 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 obligated under the security;

1) induce to commit illegal actions;

2) call for violence and cruelty;

3) resemble road signs or otherwise threaten the safety of road, rail, water, or 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 may 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) use of images of medical and pharmaceutical workers, with the exception of such use in advertising of medical services, personal hygiene products, in advertising whose consumers are exclusively medical and pharmaceutical workers, in advertising distributed at the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertising placed in printed publications 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 indications in advertising of medicines, medical services, including treatment methods, medical products and medical equipment.

6. In advertising, the use of swear words, obscene and offensive images, comparisons and expressions, including those related to gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, coats of arms, hymns), religious symbols, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, as well as cultural heritage sites included in the World Heritage List.

7. Advertising that lacks some essential information about the advertised product, the conditions for its acquisition or use is not allowed, if this distorts the meaning of the information and misleads consumers of the advertisement.

8. Advertising of goods for which the rules of use, storage or transportation or application regulations have been approved in accordance with the established procedure must not contain information that does not comply with such rules or regulations.

9. The use in radio, television, video, audio and film products or other products and the distribution of hidden advertising, that is, advertising that has an impact on their consciousness that is not realized by consumers of advertising, including such impact through the use of special video inserts (double sound recording) and other methods.

11. When producing, placing and distributing advertising, the requirements of the legislation of the Russian Federation must be observed, including the requirements of the legislation on the state language of the Russian Federation, legislation on copyright and related rights.

Article 6. Protection of minors in advertising

In order to protect minors from abuse of their trust and lack of experience in advertising, the following are not allowed in advertising:

1) discrediting parents and educators, undermining trust in them among minors;

2) encouraging minors to convince their parents or other persons to purchase the advertised product;

3) creating a distorted idea among minors about the availability of goods for families with any level of income;

4) creating the impression among minors that possession of the advertised product puts them in a preferential position over their peers;

5) the formation of an inferiority complex among minors who do not possess the advertised product;

6) showing minors in dangerous situations;

7) understatement of the level of skills necessary to use the advertised product among minors of the age group for which this product is intended;

8) the formation of an inferiority complex among minors associated with their external unattractiveness.

1) goods, the production and (or) sale of which are prohibited by the legislation of the Russian Federation;

2) narcotic drugs, psychotropic substances and their precursors;

3) explosives and materials, with the exception of 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, the production and (or) sale of which requires obtaining licenses or other special permits, in the absence of such permits.

Advertisements for goods sold remotely must include information about the seller of such goods: name, location and state registration number of the record of the creation of a legal entity; last name, first name, patronymic, main state registration number of the record of state registration of an individual as an individual entrepreneur.

An advertisement announcing the holding of an incentive lottery, competition, game or other similar event, the condition for participation in which is the purchase of a specific product (hereinafter referred to as the incentive event), must indicate:

1) the timing of such an event;

2) the source of information about the organizer of such an event, the rules of 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, government bodies, other state bodies and local government bodies, as well as municipal bodies that are not part of the structure of local government bodies.

2. State authorities, other state bodies and local government bodies, as well as municipal bodies that are not part of the structure of local government bodies, place orders for the production and distribution of social advertising in accordance with the legislation of the Russian Federation.

3. Concluding an agreement for the distribution of social advertising is mandatory for the 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 a printed publication, the total advertising space of advertising structures). The conclusion of such an agreement is carried out in the manner established by the Civil Code of the Russian Federation.

4. In social advertising, mention of specific brands (models, articles) of goods, trademarks, service marks and other means of their individualization, individuals and legal entities is not allowed, with the exception of mention of government bodies, other government bodies, about local government bodies, about municipal bodies that are not part of the structure of local 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, unless a different period is specified in it.

Advertising materials or copies thereof, including all changes made to them, as well as contracts for the production, placement and distribution of advertising must be stored for a year from the date of the last distribution of advertising or from the date of expiration of such contracts, except for documents in respect of which the legislation of the Russian Federation establishes otherwise.

The advertiser, at the request of the 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, mandatory certification, and state registration.

Chapter 2. Features of individual methods of advertising distribution

1. Interruption of a television program or television broadcast by advertising, that is, stopping the broadcast of a television program or television program to display advertising, must be preceded by a message about the subsequent broadcast of advertising, with the exception of interruption by sponsorship advertising.

1) occupy more than seven percent of the frame area;

2) be superimposed on subtitles, as well as explanatory notes.

3. The total duration of advertising distributed in a television program (including such advertising as television shopping), interruption of a television program by advertising (including sponsorship advertising) and combining advertising with a television program using the “crawling line” method or in any other way of superimposing it on a frame of a television program cannot exceed fifteen percent of the broadcast time for an hour.

1) religious television programs;

2) television programs lasting less than fifteen minutes.

5. The television programs specified in Part 4 of this article may be interrupted by sponsorship advertising immediately at the beginning and immediately before the end of such television programs, provided that the total duration of such advertising does not exceed thirty seconds.

6. It is not allowed to interrupt with advertising, including sponsorship advertising, the broadcast of campaign materials distributed in television programs and 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 television programs, the duration of which is not less than fifteen minutes, it is allowed to distribute advertising immediately at the beginning of a television program lasting one minute and immediately before the end of a television program lasting one minute. In children's and educational television programs, the duration of which is at least twenty-five minutes, it is allowed to distribute advertising immediately at the beginning of a television program lasting one and a half minutes and immediately before the end of a television program lasting one and a half minutes. In children's and educational television programs, the duration of which is at least forty minutes, it is allowed to distribute advertising immediately at the beginning of a television program lasting two and a half minutes and immediately before the end of a television program lasting two and a half minutes. In children's and educational television programs, the duration of which is one hour or more, it is allowed to distribute advertising immediately at the beginning of a television program lasting three minutes and immediately before the end of a television program lasting three minutes.

8. Broadcast of live or recorded sports competitions (including sports matches, games, fights, races) may be interrupted by advertising, including sponsorship advertising, only during breaks during sports competitions or during their stops.

9. A live or recorded broadcast of a sporting event that does not include breaks or stops may be interrupted by advertising in such a way that the interruption of the broadcast does not result in the loss of any essential information about the sporting event. However, the total duration of such advertising cannot exceed twenty percent of the actual broadcast time of the sporting event.

10. Other television programs, including feature films, may be interrupted by advertising in such a way that the duration of each interruption of these television programs by advertising 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 advertising materials and are broadcast on the basis of a broadcast license, provided that in such television programs the duration of advertising constitutes eighty or more percent of the actual broadcast time during the day.

12. When broadcasting advertising, the level of its sound, as well as the sound level of the message about the subsequent broadcast of advertising, should not exceed the average sound level of the television program or television program interrupted by advertising. The parameters of the relationship between the sound level of an advertisement and the sound level of a television program or broadcast interrupted by it are determined by the requirements of technical regulations.

13. In television programs broadcast in accordance with the Federal Law of January 13, 1995 N 7-FZ “On the procedure for covering the activities of government bodies in state media” (hereinafter referred to as the Federal Law “On the procedure for covering the activities of government bodies in public media” mass media"), distribution of advertising is not allowed.

14. It is not allowed to distribute advertising in television programs on days of mourning declared in the Russian Federation.

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 television programs about television programs broadcast on the relevant television channel;

2) TV program logo and information about this TV program.

1. Interruption of a radio program or broadcast by advertising must be preceded by a message about the subsequent broadcast of advertising, with the exception of interruption by sponsorship advertising.

2. In radio programs that are not registered as mass media and specialize in messages and advertising materials, the duration of advertising cannot exceed twenty percent of the broadcast time during the day.

3. In radio programs it is not allowed to interrupt the following radio programs with advertising:

1) religious radio broadcasts;

2) radio broadcasts lasting less than fifteen minutes.

4. The radio broadcasts specified in Part 3 of this article may be interrupted by sponsorship 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 sponsorship advertising, the broadcast of campaign materials distributed in radio programs and 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, it is allowed to distribute advertising immediately at the beginning of a radio broadcast lasting one minute and immediately before the end of a radio broadcast lasting one minute. In children's and educational radio broadcasts, the duration of which is at least twenty-five minutes, it is allowed to distribute advertising immediately at the beginning of a radio broadcast lasting one and a half minutes and immediately before the end of a radio broadcast lasting one and a half minutes. In children's and educational radio broadcasts, the duration of which is at least forty minutes, it is permitted to distribute advertising 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 a radio broadcast lasting three minutes and immediately before the end of a radio broadcast lasting three minutes.

7. Radio broadcasts of live or recorded sports competitions (including sports matches, games, fights, races) may be interrupted by advertising, including sponsorship advertising, only during breaks during sports competitions or during their stops.

8. A live or recorded radio broadcast of a sports competition that does not include 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 some essential information about the sports competition. However, the total duration of such advertising cannot exceed twenty percent of the broadcast time of a sports competition.

9. Other radio broadcasts may be interrupted by advertising as many times as fifteen-minute periods include these radio broadcasts, as well as additionally by sponsorship advertising immediately at the beginning and immediately before the end of the radio broadcast, provided that the total duration of such sponsorship 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 advertising materials and are broadcast on the basis of a broadcast license, provided that in such radio programs the duration of advertising constitutes eighty or more percent of the actual broadcast 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 advertising, should not exceed the average sound level of a radio program or broadcast interrupted by advertising. The parameters of the relationship between the sound level of an advertisement and the sound level of a radio program or broadcast interrupted by it are determined by the requirements of technical regulations.

12. In radio programs broadcast in accordance with the Federal Law “On the Procedure for Covering the Activities of State Authorities in State Mass Media,” the distribution of advertising is not allowed.

13. Radio programs are not allowed to distribute advertising on days of mourning declared in the Russian Federation.

14. The requirements of this article do not apply to:

1) information placed in radio programs about radio programs broadcast on the corresponding radio channel;

2) messages about the name of the radio program and the frequency of its broadcast, as well as other information about this 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 “with 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 advertising materials and the cover and imprint of which contain information about such specialization.

When providing cinema and video services, it is not allowed to interrupt the demonstration of a film with advertising, as well as to combine advertising with the demonstration of a film using the “creeping line” method or in any other way of superimposing it on the frame of the film being shown.

1. Distribution of advertising over telecommunication networks, including through the use of telephone, fax, and mobile radiotelephone communications, is permitted only with the prior consent of the subscriber or addressee to receive advertising. In this case, advertising is considered distributed without the prior consent of the subscriber or addressee, unless the advertising distributor proves that such consent was obtained. The advertising distributor is obliged to immediately stop distributing advertising to the person who contacted him with such a demand.

2. It is not allowed to use telecommunication networks to distribute advertising using means of selection and (or) dialing a subscriber number without human intervention (automatic dialing, automatic distribution).

3. For telephone reference services (both paid and free), including those carried out via mobile radiotelephone communications, advertising can be provided only after the information requested by the subscriber has been provided.

4. When providing telephone connections on the terms 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 telephone service.

1. Distribution of outdoor advertising using billboards, stands, building nets, banners, electronic displays, balloons, aerostats and other technical means of stable territorial placement (hereinafter referred to as advertising structures), mounted and located on external walls, roofs and other structural elements of buildings , buildings, structures or outside them, as well as public transport stops, is carried out by the owner of the advertising structure, who is an advertising distributor, in compliance with the requirements of this article.

5. The installation and operation of an advertising structure is carried out by its owner under an agreement with the owner of the land plot, building or other real estate 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 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 who has the right of economic management, the right of operational management management or other proprietary right to such real estate.

7. If the real estate to which the advertising structure is attached is transferred by the owner to trust management, the agreement 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 from performing such actions with the relevant property.

8. For the period of validity of the contract, the owner of the advertising structure has the right to unhindered 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 permitted if there is a permit for the installation of an advertising structure (hereinafter also referred to as permission), issued on the basis of an application from the owner or other legal owner of the relevant real estate specified in parts 5-7 of this article or the owner of the advertising structure by the local government body of the municipal district or by 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 is subject to dismantling on the basis of an order from the local government body of the municipal district or the local government body of the city district in whose territories the advertising structure is installed.

11. The application specified in Part 9 of this article is accompanied by:

1) information about the applicant - an individual or information about 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 real estate specified in parts 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 real estate.

12. The local government body of a municipal district or the local government body of a city district does not have the right to demand from the applicant the submission of 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, issuing a permit and performing other actions related to the issuance of a permit.

13. The local government body of a municipal district or the local government body of a city district independently carries out coordination with the authorized bodies necessary to make a decision on issuing a permit or refusing to issue it. In this case, the applicant has the right to independently obtain such approval from the authorized bodies and submit it to the local government body of the municipal district or the local government body of the urban district.

14. A decision in writing to issue a permit or to refuse to issue it must be sent by the local government body of a municipal district or the local government body of a 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 a written decision from the local government body of a municipal district or a local government body of a city district within the specified period to issue a permit or to refuse to issue it, within three months has the right to apply to a court or arbitration court with a statement recognizing the inaction of the relevant local government body is illegal.

15. The decision to refuse to issue a permit must be motivated and made by the local government body of a municipal district or the local government body of a city district solely on the following grounds:

3) violation of the requirements of regulations 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 objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, their protection and use.

16. In the event of a refusal by a local government body of a municipal district or a local government body of a city district to issue a permit, the applicant, within three months from the date of receipt of the decision to refuse to issue a permit, has the right to apply to a court or arbitration court to declare such a decision illegal.

17. The permit is issued by the local government body of a municipal district or the local government body of a city district for a period of five years.

18. The local government body of a municipal district or the local government body of a city district makes a decision to cancel a permit:

1) within a month from the date the owner of the advertising structure sends him a written notice of his refusal to further use the permit;

2) within a month from the moment the owner or other legal owner of the real estate to which the advertising structure is attached sends him a document confirming the termination of the agreement concluded between such owner or such owner of the real estate and the owner of the advertising structure;

3) if within a year from the date of issue of the permit the advertising structure is not installed;

19. The decision to cancel a permit may be appealed to a court or arbitration court within three months from the date of its receipt.

20. A permit may be declared invalid in court 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 the permit or its recognition as invalid, 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. If the obligation to dismantle the advertising structure is not fulfilled, the local government body of a municipal district or the local government body of a city district has the right to apply to a court or arbitration court with a claim to force the dismantling of the advertising structure. If a court or arbitration court makes a decision to force the 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 real estate, 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 regarding obtaining permits do not apply to shop windows, kiosks, trays, mobile sales points, and street umbrellas.

24. The provisions of this article defining the powers of local self-government bodies apply to intra-city municipalities of federal cities of Moscow and St. Petersburg, if in accordance with Federal Law of October 6, 2003 N 131-FZ “On the general principles of organizing local self-government in the Russian Federation” Federation" the laws of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg - do not establish a procedure according to which these powers are exercised by the state authorities of the specified 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 another proprietary right 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 colorographic coloring provided for by the requirements of technical regulations;

2) equipped with devices for providing special light and sound signals;

3) federal postal service, on the side surfaces of which there are diagonal white stripes on a blue background;

4) intended for the transportation of dangerous goods.

4. Placing distinctive signs on vehicles indicating their ownership by any persons does not constitute advertising.

5. Advertising placed on vehicles must not pose a threat to traffic safety, including limiting the visibility of vehicle operators and other road users, and must comply with other requirements of technical regulations.

2) condemn abstinence from drinking alcohol;

6) use images of minors.

1) on the first and last pages of newspapers, as well as on the first and last 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 no less than ten percent of the advertising area (space).

4. Carrying out advertising campaigns accompanied by the distribution of samples of alcoholic products is allowed only in organizations engaged in the retail sale of alcoholic products, 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 in the distribution of samples of alcoholic products, and it is also prohibited to offer them such samples.

2) 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.

1) in television programs from 7 to 22 o'clock local time and in radio programs from 9 to 24 o'clock local time;

2) in printed publications intended for minors, radio and television programs, audio and video products;

3) for cinema and video services from 7 to 20 o'clock 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 environmental issues, education, and health protection;

6) in children's, educational, medical, sanatorium-resort, recreational, 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 education, health, sports facilities and at a distance closer than one hundred meters from such facilities.

3. Advertising of beer and drinks made on its basis must in each case be accompanied by a warning about the dangers of excessive consumption of beer and drinks made on its basis. In advertising distributed in radio programs, the duration of such a warning must be no less than three seconds, in advertising distributed in television programs and in cinema and video services - no less than five seconds, and such a warning must be allocated no less than seven percent of the area frame, and in advertising distributed by other means - no less than ten percent of the advertising area (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 the retail sale of beer and drinks made on its basis is not allowed is prohibited. When carrying out 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, during 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-resort, recreational, 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 education, health, 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 no less than 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 the retail sale of such products or certain types of them is not permitted is prohibited. When carrying out promotions that involve 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 advertised object by referring to the fact of conducting research required for state registration of the advertised object;

6) help create an impression in a healthy person about 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 absence of side effects;

2. The requirements of paragraph 6 of part 1 of this article do not apply to advertising of medicines used for the prevention of diseases.

3. The requirements of paragraphs 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 paragraphs 2 and 3 of part 1 of this article do not apply to advertising distributed at the venues 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 , whose consumers are exclusively medical and pharmaceutical workers.

6. Communication in advertising about the properties and characteristics, including methods of application and use, of medicines and medical equipment is allowed only within the limits of the indications contained in the instructions for the use and use of such advertising objects approved in the established manner.

7. Advertising of medicines, medical services, including treatment methods, 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 obtain specialist advice. In advertising distributed in radio programs, the duration of such a warning must be no less than three seconds, in advertising distributed in television programs and in cinema and video services - no less than five seconds, and no less than seven percent of the frame area must be allocated, and in advertising distributed by other means - no less than five percent of the advertising area (advertising space). The requirements of this part do not apply to advertising distributed at the venues 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 whose consumers are exclusively medical and pharmaceutical workers.

8. Advertising of medicines in forms and dosages dispensed according to doctors’ prescriptions, treatment methods, as well as medical products and medical equipment, the use of which requires special training, 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 approved for medical use, included in the list of narcotic drugs and psychotropic substances, the circulation of which is limited in the Russian Federation 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 is limited in the Russian Federation and in respect of which certain control measures are allowed to 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 medicines at the venues of medical or pharmaceutical exhibitions , seminars, conferences and other similar events and in specialized printed publications intended for medical and pharmaceutical workers.

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

4) encourage people to give up healthy eating;

5) create an impression of the benefits of such additives by referring to the fact of conducting studies required for state registration of such additives, as well as 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 present them as complete substitutes for human milk and contain statements about the benefits of artificial feeding of children. Advertising of products intended for use as human milk substitutes and products included in a child's diet during his first year of life must contain information about the age restrictions for the use of such products and a warning about the need for specialist advice.

1) military products, with the exception of advertising of such products for the purpose of 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 ammunition for them is allowed only in specialized printed publications for users of such weapons, in places of production, sale and exhibition of such weapons, as well as in places designated for firing weapons.

4. Advertising of military hand-held small arms, ammunition for them, and bladed weapons is permitted in specialized printed publications, in places of production, sale and display of such weapons, as well as in places designated for firing weapons.

1) in periodicals, the covers and output of which contain information about 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 exhibition of such weapons, as well as in places designated for firing weapons;

3) in television and radio programs from 22 to 7 o’clock 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 these weapons;

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 money or obtaining other income or another way of obtaining a livelihood;

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

7) create the impression that winnings are guaranteed;

8) use images of people and animals.

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

2) in buildings, structures, structures in which such games and bets are held, with the exception of transport infrastructure facilities (train stations, airports, metro stations and other similar facilities);

3) in periodicals, the covers and output of which contain information about the specialization of these publications in messages and advertising materials, 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, betting, which is a gambling establishment, including a casino, slot machine hall, and to advertising of venues for risk-based games, betting, if they are gambling establishments.

4. The requirements of paragraph 8 of part 1 and part 2 of this article do not apply to advertising of lotteries, including incentive lotteries.

1) an indication of the timing of risk-based games and bets;

2) a source of information about the organizer of risk-based games, bets, the rules of their conduct, the prize fund of such games, bets, the number of prizes or winnings, 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 - name, for an individual entrepreneur - last name, first name, patronymic).

2) remain silent about other conditions for the provision of 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 the advertisement states at least one of such conditions.

3. If an advertisement for services related to the provision of a loan, its use and repayment of the loan contains at least one condition that affects 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 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 funds, mortgage coverage, savings for housing for military personnel ), must contain:

1) the source of information subject to disclosure in accordance with federal law;

2) information about the place or address (telephone number), where, before concluding the relevant agreement, interested parties can familiarize themselves with the terms of asset management, obtain information about the person managing the assets, and other information that must be provided in accordance with federal law and other regulatory legal acts of the Russian Federation.

1) undocumented information if it directly relates to asset management;

2) information on the results of asset management, including their changes or comparisons in the past and (or) at the current moment, not based on profitability calculations determined in accordance with the 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 the 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 amounts of possible income or costs associated with these investments;

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

5) statements about the possibility of achieving in the future results of asset management similar to the achieved results.

6. Advertising related to raising funds from individuals for housing construction is not allowed, with the exception of advertising related to raising 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 raising 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 the project declaration provided for by federal law.

8. Advertising related to raising funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate is not allowed until a permit for the construction of an apartment building and (or) other real estate is issued in the prescribed manner, published in the media mass media and (or) placement in public information and telecommunication networks (including on 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 projects.

9. Advertising related to raising funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate is not allowed during the period of suspension in accordance with federal law of the developer’s activities related to raising funds from participants in shared construction for construction (creation) of an apartment building and (or) other real estate.

10. The requirements of parts 7-9 of this article also apply to advertising related to the assignment of rights of claim under an agreement for participation in shared construction.

1) information on the procedure for covering losses incurred by members of the housing savings cooperative;

2) information about 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 housing savings cooperative discloses information.

12. In advertising related to the attraction and use by a housing savings cooperative of funds from individuals for the purchase of residential premises, it is not allowed to guarantee the timing of the acquisition or construction of residential premises by such a cooperative.

1) name of the issuer;

2) the source of information subject to disclosure 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 to pay which is provided for by the decision on the issue or additional issue of equity securities, the rules of trust management of mutual investment funds or the rules of trust management of mortgage coverage or is fixed in securities papers;

2) forecasts for the growth of the market value of securities.

6. Advertising of issue-grade securities is not allowed before the registration of their prospectus, except if, in accordance with federal law, registration of their prospectus is not required for the public placement or public circulation of issue-grade securities.

1) expression of gratitude by individuals who have entered into such agreements;

2) a statement that the conclusion of such agreements has advantages over the will of residential premises or other property;

3) condemnation of family members and close relatives of a potential consumer of such services, allegedly not caring about him;

4) mention of gifts for individuals who have decided to enter into annuity agreements with an advertiser or other person.

2. If the advertiser is an intermediary in concluding annuity agreements, including a lifelong maintenance agreement with a dependent, advertising services for concluding such agreements must contain an indication that the annuity payer under such agreements will be another person.

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 recognized as an association of advertisers, advertising producers, advertising distributors and other persons created in the form of an association, union or non-profit partnership for the purpose of representing and protecting the interests of its members, developing requirements for compliance with ethical standards in advertising and ensuring 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 constituent entities of the Russian Federation, and local government bodies;

2) participate in the consideration by the antimonopoly body of cases initiated on grounds of violation by members of the self-regulatory organization of the legislation of the Russian Federation on advertising;

3) appeal to the arbitration court the normative legal acts of federal government bodies, normative legal acts of government bodies of the constituent entities of the Russian Federation, normative legal acts of local government bodies;

4) apply the penalties provided for in the constituent and other documents of the self-regulatory organization in relation to members of the self-regulatory organization, including exclusion from membership of the self-regulatory organization;

6) exercise control over the professional activities of members of the self-regulatory organization in terms of compliance with the requirements of this Federal Law and the rules of professional activity in the field of advertising, including the requirements of professional ethics;

7) consider complaints against 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 about the activities of members of a self-regulatory organization, the disclosure of which is carried out in the form of reports in the manner and with 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 liability for violation of the legislation of the Russian Federation on advertising

Article 33. Powers of the antimonopoly authority to exercise state control in the field of advertising

1. The antimonopoly body exercises, within its powers, state control over compliance with the legislation of the Russian Federation on advertising, including:

1) prevents, identifies and suppresses violations of the legislation of the Russian Federation on advertising by individuals or legal entities;

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

2. The antimonopoly authority has the right:

2) issue to federal executive authorities, executive authorities of constituent entities of the Russian Federation, and local self-government bodies mandatory instructions to cancel or amend acts issued by them that contradict the legislation of the Russian Federation on advertising;

3) bring claims to a court or arbitration court to prohibit the distribution of advertising carried out in violation of the legislation of the Russian Federation on advertising;

4) bring claims to a court or arbitration court for a public refutation of false advertising (counter-advertising) in the case provided for in Part 3 of Article 38 of this Federal Law;

5) apply to the arbitration court with applications to invalidate, 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 to recognize as invalid, in whole or in part, regulatory legal acts of federal executive authorities, regulatory legal acts of executive authorities of constituent entities of the Russian Federation, regulatory legal acts of local self-government bodies that contradict the legislation of the Russian Federation on advertising;

7) apply penalties in accordance with the legislation of the Russian Federation on administrative offenses;

8) apply to the arbitration court to invalidate the permit to install an advertising structure in the case provided for in paragraph 1 of part 20 of article 19 of this Federal Law.

Article 34. Submission of information to the antimonopoly authority

1. Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies and officials of these bodies, as well as individual entrepreneurs, legal entities and their managers are obliged to submit to the antimonopoly authority the information necessary for the exercise of its powers of 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 liability of the guilty persons in accordance with the legislation of the Russian Federation on administrative offenses.

Article 35. Responsibilities of the antimonopoly authority to observe commercial, official and other secrets protected by law

1. Information constituting a commercial, official or other secret protected by law and received by the antimonopoly body in the exercise of its powers shall not be subject to disclosure, except for the cases provided for 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 consideration of such cases and issues orders provided for by this Federal Law.

2. The antimonopoly authority, on its own initiative, on the proposal of the prosecutor, requests from state authorities or local governments, as well as on applications from individuals or legal entities, initiates cases 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 authority to recognize advertising as improper and must contain an instruction to stop its distribution.

4. An order to stop violating the legislation of the Russian Federation on advertising is subject to execution within the period specified in the order. Such 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 is considered unfulfilled if, after the expiration of the deadline for fulfilling 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 government body that contradicts the legislation of the Russian Federation on advertising is issued on the basis of a decision of the antimonopoly body that such an act contradicts 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 government body that is contrary to the legislation of the Russian Federation on advertising must indicate the changes that should be made to such an act to bring it into compliance with the legislation of the Russian Federation on advertising .

7. 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 government body that is contrary to the legislation of the Russian Federation on advertising is subject to execution within the period specified in the order. Such a period cannot 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 the local government body.

8. Failure to comply with 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. A decision or order of the antimonopoly body may be challenged in court or arbitration court within three months from the date of the decision or issuance of the order.

2. Filing an application to invalidate a decision or order of the antimonopoly body does not suspend the execution of the decision or order, unless a court or arbitration court makes a ruling to suspend the execution of the decision or order.

3. The decision of the antimonopoly body on the application of administrative liability measures for violation of the legislation of the Russian Federation on advertising can be appealed and challenged 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 by individuals or legal entities of the legislation of the Russian Federation on advertising entails liability in accordance with civil law.

2. Persons whose rights and interests are violated as a result of the dissemination of inappropriate advertising have the right to apply in the prescribed manner 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, compensation for moral damage, public refutation of false advertising (counter-advertising).

3. If the antimonopoly authority establishes the fact of dissemination of false advertising and issues a corresponding order, the antimonopoly authority has the right to apply in the prescribed manner to a court or arbitration court with a claim against the advertiser for a public refutation of false advertising (counter-advertising) at the advertiser’s expense. In this case, the court or arbitration court determines the form, place and timing 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 liability for deliberate violation of the legislation of the Russian Federation on advertising.

6. The advertiser is responsible 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 responsible 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 budget 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 is registered that has committed a violation of the legislation of the Russian Federation on advertising - 60 percent.

10. Payment of a fine does not exempt from execution of the order to stop violating 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 comes 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 paragraph 4 of Part 2 of Article 23 of this Federal Law come into force on January 1, 2007.

4. Establish that during the period from July 1, 2006 to January 1, 2008, the total duration of advertising distributed in a television program (including advertising such as television shopping), interruption of a television program by advertising (including sponsorship advertising) and combining advertising with a television program in a manner a “creeping line” or any other way of superimposing it on a frame of a broadcast television program cannot 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) paragraph 3 of Article 1 of the Federal Law of June 18, 2001 N 76-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” (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 implementation 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 as invalid 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 the 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 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 the recognition as invalid of certain legislative acts (provisions of legislative acts) Russian Federation" (Collection of Legislation of the Russian Federation, 2004, No. 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 normative legal acts of the Russian Federation operating on the territory of the Russian Federation and regulating relations in the field of advertising are brought into compliance with this Federal Law, these laws and other normative legal acts shall be applied to the extent that they do not contradict this Federal Law.

The president
Russian Federation
V. Putin

The power and influence of advertising on economic life, social conditions, trends in trade and production and an infinite number of other areas can hardly be overestimated. The truism that says that advertising is engine of trade, will never lose its relevance. The methods of its promotion and production are changing, but its “influence” is not decreasing.

General information

Structurally, the law is presented in six chapters containing 40 articles. Let's look at the summary of the law, noting the main aspects:

General provisions:

• Objectives, scope of application of the law, concepts used,
• Legislation of the Russian Federation regulating this area;
• General requirements;
• Protection of minors from advertising and products prohibited from advertising;
• Advertising of goods sold remotely;
• …events that stimulate demand, such as: games, sweepstakes, competitions;
• Social advertising;
• Validity period of an advertisement that is a public offer;
• Duration of storage of advertising materials;
• Providing information about the product to the person distributing the advertisement.

You may be interested in: Federal Law on the Mass Media in the new edition of 2018. Details

Features of individual advertising promotion options:

• On television, radio;
• In print: newspapers, magazines, etc.;
• Promoted in film and video services;
• Via telecommunication networks;
• Advertising structures, signs, advertising on transport.

• Alcoholic drinks;
• Medical products and services, medicines, various methods of treatment, including traditional ones;
• 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;
• Advertising services such as assistance in obtaining annuities, lifelong dependency, or the activity of intermediaries during the mediation procedure.

Self-regulation in this area: SROs and their rights.

• Powers of the antimonopoly service, obligation to maintain confidentiality;
• Providing information to antimonopoly authorities;
• Inspections and their organization;
• Decisions and orders of the antimonopoly service on violations in the field of advertising and challenging them;
• Responsibility for violations.

From summary The law is clear that the subject of regulation of this law are the relations arising as a result of advertising activities between the advertiser, the person distributing this advertising, the state as a party exercising supervision, and the audience (indirectly).

Due to the relevance of Law 38-FZ, from the moment of its appearance in 2006 to the present day, it has undergone a huge number of amendments (more than 50 amending documents). In 2017 alone, changes 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?

Let's consider the amendments made in the outgoing year 2017 by each of the three amending documents.

1. FZ-44 dated 03/28/2017 “On amendments..”, the output of which was associated with the formation of mechanisms for increasing the income of subjects of children and youth and professional sports, entailed the following amendments:

Clause 1 of part 2 of article 27 of Federal Law-38 was added. Thus, advertising based on the risk of games and betting is allowed only on television and radio from 22 to 7 o'clock local time, except in 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, trademarks) is permitted as part of the broadcast or recording of sports competitions (matches, races, etc.). Moreover, the duration of such advertising cannot exceed 20% of the total permissible 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 broadcasting time per hour, and for radio - 20% of the broadcasting time during the day.

Part 2.2 of Article 27 prescribes the possibility of publishing the services of bookmaker 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, the legal possibility of using sports facilities and athletes’ uniforms as an advertising platform has now been established.

The interaction of sports organizations and bookmakers should bring financial benefits, primarily in the form of additional income for subjects of professional and children's and youth sports. In addition, expanding the advertising capabilities of bookmaker organizations themselves makes the services they provide more accessible and understandable to the average person.

2. Federal Law-216 dated July 29, 2017 also made some amendments to the Federal Law No. 38 on advertising. So, article 40 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 N 216 “On innovative scientific and technological centers and on amendments to certain legislative acts of the Russian Federation.”

3. Another amending document - Federal Law-218, issued on the same day (07.29.2017), made adjustments to the law we are considering: it was Part 8 of Article 28 has been amended on advertising of financial services and financial activities. The changes were related to the construction sector, or more precisely to the shared-equity construction of apartment buildings and other buildings. The article prescribes the inadmissibility of attracting funds from “shareholders” until the necessary documents are received: construction permit, state. registration of ownership or lease (sublease) of the land plot on which construction is being carried out, confirmation of compliance of both the developer himself and project documentation requirements established by law. The change in the law consisted of a remark according to which the collection of these documents is necessary only in cases provided for by the law of December 30, 2004 “On participation in shared-equity construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation.”

Let's also consider individual articles of the Federal Law No. 38 - Art. 3 of the Law on Advertising and Art. 38, which were not affected by changes in the past year.

Article 3 of Federal Law-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), advertiser(television channel, radio station, printed edition etc.), consumer(listener, viewer), sponsor, sponsorship, social advertising, antimonopoly authority.

Article 38 Federal Law-38 prescribes such an aspect of advertising activities as liability for violation of the legislation of the Russian Federation on advertising activities. The liability of individuals and legal entities is determined in accordance with civil law legal framework, the responsibility of advertisers, advertising producers and advertising distributors is in accordance with the legislation of the Russian Federation on administrative offenses.

Persons whose interests were violated as a result of the dissemination of inappropriate advertising may apply to the court for compensation (moral damage, lost profits, compensation for harm caused to health or property), as well as to publicly refute it. The Antimonopoly Service is also authorized, if necessary, to force a refutation through court at the expense of the advertiser of false advertising.

If a fine was issued for a violation of one of the above parties, its amount is distributed as follows: 40 percent goes to the budget of Russia and 60% to the constituent entity of the Russian Federation. Payment of a fine does not relieve the violator from the obligation to stop the violation, that is, to stop publishing or distributing advertising that is found to be unreliable.

Text of 38 Federal Law with latest amendments

The Law on Advertising is a desktop bible for advertising companies, PR agencies and other organizations whose activities involve promoting various types of goods and services. However, the law affects many areas that are at first glance very indirectly related to advertising.

Advertising activities in our country are regulated. However, this happens throughout the civilized world. There is such normative act, as federal law 38 Federal Law “On Advertising”. It's about about document No. 38-FZ, adopted on March 13, 2006. Its last edition was dated 03/08/2015.

What's the point?

Federal Law 38 “On Advertising” aims to eliminate unfair competition in this area. Its purpose is to protect consumers from harmful effects. Advertising that is capable of misleading or causing tangible harm to property or health is recognized as such. In addition, such intellectual property can undermine reputation or dignity.

What areas does the advertising law not apply to?

These include its political variety (including election campaigning and related to the referendum), information that the law obliges to disclose or communicate to the consumer without fail, analytical and reference information material (market reviews, Scientific research). All this has no purpose to promote the product.

Further information should be mentioned from authorities, state, local self-government, which is not of a commercial nature and not related to social advertising. The same kind of signs and pointers also belong to this category. intellectual property. It is worth mentioning announcements of various entities, both legal entities and individuals, not related to the generation of income.

What else?

The law also does not cover the information placed on the packaging (information about the manufacturer, etc.) and any design elements related specifically to this product and not to a third party.

That information about an object that is naturally “inscribed” in an artistic or scientific work, mentions the manufacturer or seller and does not serve a commercial purpose, also belongs to this category.

Federal Law “On Advertising” N 38 FZ – basic concepts

Let's define the terms. Advertising means any information, regardless of the type and method of placement, the addressee of which is a wide range of people. Its purpose is to attract attention to the mentioned product (service) for sale or promotion on the market.

Another concept is the object of advertising. It can be a product, its manufacturer or seller, an event (concert, festival, competition, competition), or an intellectual achievement. In a word, this includes everything that requires attracting attention.

A product is a product of activity (including work and services) intended for sale, exchange and other types of turnover.

Other concepts

What other terms does the federal law “On Advertising” use? There aren't that many of them. For example, so-called inappropriate advertising means that which contradicts the requirements of Russian legislation. But what are the subjects, i.e., the actors, called here?

Advertisers, manufacturers and distributors are people involved in the manufacture or sale of goods, respectively, bringing information into a commercial format and bringing it to the consumer in any way. These three categories of subjects are closely related to each other and serve as links in one chain.

As you know, he who pays calls the tune. Sponsorship advertising is one in which a mandatory condition is the mention of a certain person as a “philanthropist”.

In addition, there is a social variety. Under it, the federal law “On Advertising” means information of a non-commercial nature to achieve the goals of charity, etc.

The resolution of all the issues mentioned is within the competence of the federal antimonopoly authority, as well as its local representatives.

What is required from Russian advertising?

What kind can they be?

• any of its characteristics, consumer qualities, service life and shelf life, assortment and configuration;
• place of origin and availability of certificates, the possibility of purchase in a specific place or during a certain time;
• cost or price, payment procedure, discounts, tariffs and other monetary issues;
• conditions under which delivery, repair, exchange, maintenance are carried out of this product, about its warranty conditions.

What other information may be unreliable?

Information about the most different rules and the timing of the events, the number of prizes/winnings and the procedure for receiving them.

This also includes any information about persons who are manufacturers or sellers of this product.

What should advertising not do?

There are certain actions that are unacceptable. The advertising law strictly prohibits them. This is, first of all, a call to illegal actions, cruelty and violence. Next, we should mention the creation of a threat to transport safety due to the similarity of some symbols to road signs. Another is the formation of condemnation of those who do not use the advertised product, or the use of pornographic information.