Federal Law No. 38-FZ "On Advertising" (with the Amendments and Additions of December 18, 2006, February 9, April 12, July 21, December 1, 2007, May 13, October 27, 2008, May 7, September 27, December 17, 27, 2009, May 19, July 27, September 28, 2010, April 5, June 3, July 1, 11, 18, 21, November 21, 2011, July 20, 28, 2012, May 7, June 7, July 2, 23, October 21, November 25, December 21, 28, 2013, June 4, 28, July 21, 2014)

15.03.2016 | 15:12

Type: Laws

FEDERAL LAW NO. 38-FZ OF MARCH 13, 2006 ON ADVERTISING (with the Amendments and Additions of December 18, 2006, February 9, April 12, July 21, December 1, 2007, May 13, October 27, 2008, May 7, September 27, December 17, 27, 2009, May 19, July 27, September 28, 2010, April 5, June 3, July 1, 11, 18, 21, November 21, 2011, July 20, 28, 2012, May 7, June 7, July 2, 23, October 21, November 25, December 21, 28, 2013, June 4, 28, July 21, 2014)
Adopted by the State Duma on February 22, 2006
Approved by the Federation Council on March 3, 2006
Chapter 1. General Provisions
Information on changes: Federal Law No. 115-FZ of June 3, 2011 amended Article 1 of this Federal Law See the Article in the previous wording
Article 1. The Goals of the Present Federal Law
The goals of the present Federal Law are as follows: developing the markets of goods, works and services on the basis of observance of fair competition principles, maintaining a uniform economic space in the Russian Federation, implementing consumers' right to obtain fair and truthful advertisements, creation of favourable conditions for making and distributing social advertisements, preventing violations of the advertising legislation of the Russian Federation, and also stopping unsuitable advertisements.
Article 2. The Applicability of the Present Federal Law
1. The present Federal Law is applicable to relations in the area of advertising, irrespective of the place where it is produced, if the dissemination of advertisements takes place on the territory of the Russian Federation.
2. The present Federal Law does not extend to:
1) political advertising, including pre-election canvassing and referendum canvassing;
2) information whose disclosure or dissemination or communication to the consumer is compulsory according to a federal law;
3) the reference, informative and analytical materials (domestic and foreign market reviews, the results of scientific research and testing) whose basic aim is not the promotion of goods in the market and which is not a social advertisement;
4) announcements of governmental bodies, of other state bodies, announcements of local self-government bodies, announcements of the municipal bodies not incorporated into the structure of local self-government bodies if such announcements do not contain information of an advertising nature and if they are not social advertisements;
5) billboards and signboards not containing information of an advertising nature;
6) announcements of a natural person or legal entity which are not relating to the pursuance of entrepreneurial activities;
7) information on goods, on the manufacturer, importer or exporter thereof, such information being placed on the goods or on the package thereof;
8) any elements of decoration of goods which are placed on the good or on the package thereof and which have nothing to do with other goods;
9) a reference to goods, to a means of its individualisation, to the manufacturer or seller of goods which is organically integrated in a work of science, literature or art and which per se is not an information of advertising nature.
3. The provisions of the present Federal Law concerning the manufacturer of goods shall also extend to the persons that carry out works or provide services.
4. The special requirements and limitations established by the present Federal Law in respect of an advertisement of certain types of goods also extend to an advertisement of the means of individualisation of these goods, of their manufacturers or sellers, except for cases when an advertisement of the means of individualisation of specific goods, of its manufacturer or seller has apparently nothing to do with the goods in respect of whose advertisement special requirements and limitations are established by the present Federal Law.
Article 3. The Basic Terms Used in the Present Federal Law
The following basic terms are used for the purposes of the present Federal Law:
1) "advertising" meaning information distributed by any means, in any form and by any media which is addressed to a non-specific group of persons and aimed at drawing attention to the object of advertising, at shaping up or maintaining an interest in respect of it, and at promoting it in the market;
Information on changes: Federal Law No. 89-FZ of May 7, 2009 amended Item 2 of Article 3 of this Federal Law See text of the Item in the previous wording
2) "the object of advertising" meaning the goods, means of individualisation of a legal entity and/or commodity, the manufacturer or seller of goods, the results of intellectual activity or the event (including without limitation a sport competition, concert, competition/pageant, festival, gambling, wagers) to which attention is drawn by an advertisement;
3) "goods" meaning a product of an activity (including a work and service) intended for sale, exchange or another transaction;
4) "unsuitable advertisement" meaning an advertisement that does not comply with provisions of the legislation of the Russian Federation;
5) "advertiser" meaning the manufacturer or seller of goods or the other person that determines the object of advertising and/or the content of an advertisement;
6) "the maker of an advertisement" meaning a person that fully or partially puts information into a shape suitable for distribution as an advertisement;
7) "distributor of advertisements" meaning a person distributing advertisements by any means, in any form and by any medium;
8) "advertisement consumers" meaning the persons whose attention is to be drawn to the object of advertising of an advertisement;
9) "sponsor" meaning a person that provides funds or arranges for the provision of funds for the purpose of organising and/or conducting a sport, culture or any other event, creating and/or broadcasting a television or radio broadcast or creating and/or using another result of a creative activity;
10) "sponsored advertisement" meaning an advertisement distributed on the condition that it contains a compulsory reference to a certain person as sponsor;
11) "social advertisement" meaning an information distributed by any means, in any form and by any medium as addressed to a non-specific group of persons and aimed at achieving charitable and other socially useful goals, and also at supporting the interests of the
state;
12) "anti-monopoly body" meaning the federal anti-monopoly body and its territorial bodies.
Article 4. The Legislation of the Russian Federation on Advertising
The legislation of the Russian Federation on advertising consists of the present Federal Law. The relations emerging in the course of production, placement and dissemination of advertisements may also be regulated by other federal laws, normative legal acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation adopted in accordance with the present Federal Law.
Article 5. The General Requirements Applicable to Advertising
1. Advertising shall be fair and truthful. Unfair and untruthful advertisements are prohibited.
2. An advertisement shall be deemed unfair if:
1) it contains incorrect comparisons of goods being advertised with goods traded in which have been manufactured by other manufacturers or are sold by other sellers;
2) denigrates the honour, dignity or business reputation of a person, including a competitor;
3) is an advertisement of goods whose advertising by the given method, at this time or place is prohibited, if it is conducted under the guise of an advertisement of other goods whose trademark or service mark are identical or similar to a degree of confusion with the trademark or service mark of the goods whose advertising is subject to the relevant requirements and limitations, and under the guise of an advertisement of the manufacturer or of a seller of the goods;
4) is an act of unfair competition in accordance with the antimonopoly legislation.
3. An advertisement shall be deemed untruthful if it contains untrue information on:
1) the advantages of the advertised goods over traded goods which are manufactured by other manufacturers or which are sold by other sellers;
2) any characteristics of the goods, including its nature, composition, method and date of manufacture, intended purpose, consumer properties, conditions for the use of the goods, the goods' origin, the availability of a certificate of conformity or a declaration of conformity, signs of conformity and signs of trading in the market, life span, the "best before" date of the goods;
3) the line of goods, and on the composition of goods, and also on the possibility of acquiring them at a specific place or during a specific term;
4) the value or price of the goods, the procedure for making payment for it, the rate of discount, tariff and other terms for the acquisition of the good;
5) the terms for delivery, exchange, repair and servicing of the goods;
6) the warranty obligations of the manufacturer or seller of the goods;
7) the exclusive rights to the results of intellectual activity and to the means of individualising a legal entity, the means of individualising the goods which qualify as such results;
8) on the rights to use official state symbols (flags, coats of arms, anthems) and of the symbols of international organisations;
9) the official or public recognition, on the receipt of medals, prizes, certificates or other awards;
10) the recommendations of natural or legal entities concerning the object of advertising or on the approval of the object by natural persons or legal entities;
11) the results of research and testing;
12) the conferral of additional rights or advantages on the acquirer of the goods advertised;
13) the actual amount of demand for the goods advertised or for another goods;
14) the output or sales amounts of the goods advertised or other goods;
Information on changes: Federal Law No. 416-FZ of December 28, 2013 amended Item 15 of Part 3 of Article 5 of this Federal Law. The amendments shall enter into force upon the expiry of 30 days after the day of the official publication of the said Federal Law See the Item in the previous wording
15) the rules of, and terms for, conducting a competition, game or another similar event, in particular, on the deadline for acceptance of applications for participation in it, the number of prizes or awards according to its results, on the term and procedure for receiving them, and also on the source of information about such an event;
16) the rules of, and term for, gambling and wagers, in particular, on the number of prizes or awards according to the results of the gambling and wagers, on the term for, place of, and the procedure for receiving prizes or awards according to the results of gambling and wagers, on the organiser thereof, and also on the source of information about the gambling and wagers;
17) the source of the information that is subject to disclosure under federal laws;
18) the place where persons concerned may get acquainted -- before concluding a contract on the provision of services -- with the information that has to be furnished to such persons according to federal laws or other normative legal acts of the Russian Federation;
19) the person that has assumed obligations under a security;
20) the manufacturer or seller of the goods advertised.
4. An advertisement shall not:
1) incite someone to commit a wrongdoing contrary to the law;
2) call on someone to commit violence or cruelty;
3) appear to be similar to road signs or otherwise threaten the safety of road, railroad, water, air traffic;
4) shape up a negative attitude to persons who do not use the goods advertised or show disapproval of such persons;
Information on changes: Federal Law No. 252-FZ of July 21, 2011 supplemented Part 4 of Article 5 of this Federal Law with Item 5. The Item shall enter into force on September 1, 2012
5) contain information of pornographic nature.
5. The following is prohibited in an advertisement:
1) the use of foreign words and expressions that can lead to a distortion of the sense of information;
2) a reference to the fact that the object of advertising is approved by governmental bodies or local self-government bodies or by officials thereof;
Information on changes: Federal Law No. 218-FZ of July 18, 2011 amended Item 3 of part 5 of Article 5 of this Federal Law. The amendments shall enter into force upon the expiry of one year from the
day of official publication of the said Federal Law See the Item in the previous wording
3) the show of process of smoking or the consumption of an alcoholic product;
4) the use of images of medical and pharmaceutical personnel, except for such use in an advertisement of medical services, personal hygiene facilities, in an advertisement whose consumers are exclusively medical and pharmaceutical personnel, in an advertisement distributed at the places of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in an advertisement placed in a printed publications intended for medical and pharmaceutical personnel;
5) a reference to the fact that the goods advertised is manufactured with human embryo tissues;
Information on changes: Federal Law No. 317-FZ of November 25, 2013 amended Item 6 of part 1 of Article 5 of this Federal Law. The amendments shall enter into force on January 1, 2014 See the Item in the previous wording
6) a reference to healing properties -- i.e. a positive effect on the progress of an illness/disease -- of the object of advertisement, except such reference in an advertisement of a medicine, medical service, including methods of prophylaxis, diagnosis, treatment and medical rehabilitation and medical articles.
6. It is prohibited to use the following in advertisement: foul language, indecent and offensive images, comparisons and expressions, in particular, concerning the gender, race, ethnic belonging, occupation, social category, age, language of a person and citizen, official state symbols (flags, coats of arms, anthems), religious symbols, cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, and also the cultural heritage object included in the List of World Heritage.
7. An advertisement lacking a part of significant information on the goods advertised, on the terms for acquisition or use thereof is prohibited if in this case the sense of information is distorted and the consumers of the advertisement are misled.
Information on changes: Federal Law No. 48-FZ of April 12, 2007 supplemented Article 5 of this Federal Law with Part 7.1. The new Part shall enter into force from July 1, 2007
7.1. In the advertising of goods and other objects of advertising, the value indicators must be stated in roubles and, if necessary, may additionally be stated in foreign currency.
8. An advertisement of the goods subject to use, storage or transportation rules or to application rules that have been approved in the established procedure shall not include information that runs contrary to such rules.
9. It is prohibited to use a concealed advertisement in a radio, television, video, audio and cinema products or in another products, i.e. an advertisement affecting consumers' mind without their realising that it is doing so, for instance by means of special video inserts (double audio record) and otherwise.
Information on changes:
Federal Law No. 185-FZ of July 2, 2013 amended part 10 of Article 5 of this Federal Law. The amendments shall enter into force on September 1, 2013 See the previous text of the part
10. It is not allowed to insert advertisements in text books, training aids and other training literature intended for children's education in primary general, basic general education, secondary general education curricula, and also in school diaries or school exercise books.
Information on changes: Federal Law No. 252-FZ of July 21, 2011 supplemented Article 5 of this Federal Law with part 10.1. The part shall enter into force on September 1, 2012
10.1. It is not allowed to insert advertisements in respect of the information products which are subject to classification in compliance the requirements of Federal Law No. 436-FZ of December 29, 2010 on the Protection of Children Against Information That May Be Harmful to Their Health and Development without citing the category of these information products.
Information on changes: Federal Law No. 252-FZ of July 21, 2011 supplemented Article 5 of this Federal Law with Part 10.2. The Part shall enter into force on September 1, 2012
10.2. It is not allowed to disseminate advertisements containing information whose dissemination to children is prohibited in compliance with Federal Law No. 436-FZ of December 29, 2010 on the Protection of Children Against Information That May Be Harmful to Their Health and Development at educational establishments, medical, sanatorium-and-spa, physical training and sports organisations, cultural institutions, relaxation and health improvement establishments which are intended for children or at a distance of less than 10 meters from the boundaries of the cited organisations.
Information on changes: Federal Law No. 231-FZ of December 18, 2006 reworded Part 11 of Article 5 of this Federal Law. The new wording of the Part shall enter into force from January 1, 2008 See the Part in the previous wording
11. At the advertisements' production, placement and dissemination, the demands of the legislation of the Russian Federation shall be observed, including those of the civil legislation and of the legislation on the state language of the Russian Federation.
Article 6. Protecting Minors in Advertising
For the purposes of protecting minors against abuse of their credulity and lack of experience the following is prohibited in advertising:
1) putting in disrepute parents and tutors, undermining minors' confidence in them;
2) inciting minors to convince parents or other persons to acquire the goods advertised;
3) causing minors to have a distorted idea of the goods' being affordable for a family with any level of income;
4) causing minors to have the impression that if they possess the goods advertised they are going to have an advantage over other people of the same age;
5) making minors to have an inferiority complex if they do not possess the goods advertised;
Information on changes: Federal Law No. 252-FZ of July 21, 2011 reworded Item 6 of Article 6 of this Federal Law. The new wording of the Item shall enter into force on September 1, 2012 See the Item in the previous wording
6) showing minors in dangerous situations, including situations provoking actions which are dangerous for their life and/or health, in particular provoking the infliction of harm on their health;
7) understating the level of skills required to use the goods advertised for minors of the age group for which the goods are intended;
8) causing minors to have an inferiority complex in connection with their unattractive appearance.
Article 7. The Goods Whose Advertising Is Prohibited
Advertising of the following is prohibited:
1) the goods of which the manufacture and/or sale is prohibited by the legislation of the Russian Federation;
Information on changes: Federal Law No. 87-FZ of May 19, 2010 amended Item 2 of Article 7 of this Federal Law. The amendments shall enter into force upon the expiry of 180 days from the date of the official publication of the said Federal Law See the Item in the previous wording
2) narcotic, psychotropic substances and precursors thereof, plants containing narcotics, or psychotropic substances, or precursors thereof and their parts containing narcotics, or psychotropic substances, or precursors thereof;
3) explosive substances and materials, except for pyrotechnic items;
4) human organs and/or tissues as the object of a purchase/sale;
5) the goods subject to state registration, if there is no such registration;
6) the goods subject to compulsory certification or another compulsory confirmation of their compliance with provisions of technical regulations, if there is no such certification or no confirmation of such conformity;
7) the goods whose manufacture and/or sale requires a licence or another special permit, if no such licence/permit is available.
Information on changes: Federal Law No. 274-FZ of October 21, 2013 supplemented Article 7 of this Federal Law with Item 8. The Item shall enter into force on November 15, 2013
8) of tobacco, tobacco goods and products and smoking accessories including smoking pipes, nargiles, cigarette paper and lighters.
Information on changes: Federal Law No. 317-FZ of November 25, 2013 supplemented Article 7 of this Federal Law
with Item 9. The Item shall enter into force on January 1, 2014
9) medical services involved in induced abortion.
Article 8. Advertising Goods in Distance Selling
When goods are advertised in the case of the distance selling thereof, the following details shall be indicated concerning the seller of the goods: the name, whereabouts and state registration number of the entry on the formation of the legal entity; the full name, basic registration number of the entry on the state registration of the natural person as individual entrepreneur.
Information on changes: Federal Law No. 416-FZ of December 28, 2013 amended Article 9 of this Federal Law. The amendments shall enter into force upon the expiry of 30 days after the day of the official publication of the said Federal Law See the Article in the previous wording
Article 9. Advertising Concerning Promotion Events
The following shall be indicated in an advertisement announcing a forthcoming competition, game or another event in which someone can take part on the condition that certain goods are acquired (hereinafter referred to as "promotion event"):
1) the dates of the event;
2) the source of information on the organiser of the event, on the rules for conducting the event, the number of prizes or awards according to the results of the event, on the terms, place and procedure for receiving them.
Article 10. Social Advertising
1. Advertisers for the purposes of a social advertisement may be natural persons, legal entities, governmental bodies, other state bodies and local self-government bodies, and also the municipal bodies not deemed part of the local self-government bodies structure.
Information on changes: Federal Law No. 396-FZ of December 28, 2013 amended Part 2 of Article 10 of this Federal Law. The amendments shall enter into force on January 1, 2014 See the Part in the previous wording
2. Governmental bodies, other state bodies and local self-government bodies, and also the municipal bodies not deemed part of the local self-government bodies structure purchasing of goods and services for the manufacture and distribution of social advertisements in accordance with the legislation of the Russian Federation on the contractual system in the sphere of purchasing goods, works and services for meeting state and municipal needs.
3. Concluding a contract for the distribution of a social advertisement is compulsory for a distributor within five per cent of the annual amount of the advertisements he distributes (including, the total advertising time disseminated in television and radio programmes, the total advertising space of a printed publication, the total advertising space of advertising structures). The conclusion of such a contract shall be carried out in the procedure established by the Civil Code of the Russian Federation.
Information on changes: Federal Law No. 115-FZ of June 3, 2011 amended part 4 of Article 10 of this Federal Law See the part in the previous wording
4. In a social advertisement it is prohibited to mention specific brands (models, articles) of goods, trademarks, service marks and other means of individualising them, natural persons and legal entities, except for as provided for by Part 5 of this Article.
Information on changes: Federal Law No. 115-FZ of June 3, 2011 supplemented Article 10 of this Federal Law with part 5
5. The restrictions imposed by Part 4 of this article shall not extend to mentioning state power bodies, other state bodies, local authorities or municipal agencies not deemed part of the local self-government bodies' structure, sponsors, people-centered non-profit organisations satisfying the requirements established by this article, as well as natural persons who have found themselves in difficult conditions of life or are in need for treatment, for the purpose of rendering charitable assistance thereto. It is allowed to mention in social advertising people-oriented non-profit organisations, if the content of such advertising is directly connected with information about such non-profit organisations' activities aimed at attaining charitable or other goals which are valuable for the community.
Information on changes: Federal Law No. 115-FZ of June 3, 2011 supplemented Article 10 of this Federal Law with part 6
6. In social advertising disseminated through radio broadcasting sponsors may be mentioned within at most three seconds, in social advertising disseminated through TV broadcasting, films and videotapes it may not exceed three seconds and such mentioning must occupy at most seven per cent of the picture area, and in social advertising disseminated in other ways it must occupy at most five per cent of the advertising area (space). These restrictions shall not extend to mentioning in social advertising state power bodies, other state bodies, local authorities or municipal agencies not deemed part of the local self-government bodies' structure, sponsors, people-centered non-profit organisations satisfying the requirements established by this article, as well as natural persons who have found themselves in difficult conditions of life or are in need for treatment, for the purpose of rendering charitable assistance thereto.
Article 11. The Effective Term of an Advertisement Deemed an Offer
If under the Civil Code of the Russian Federation an advertisement is deemed an offer, such an offer shall be in effect during two months after the advertisement is distributed, except as another term is specified in it.
Article 12. The Term of Storage of Advertising Materials
Advertising materials or copies thereof, including all amendments thereto, and also contracts for the manufacture, placement and distribution of advertisements shall be stored for one year after the last distribution of the advertisement or after the expiry of the effective term
of the contracts, except for the documents otherwise regulated by the legislation of the Russian Federation.
Article 13. Provision of Information by an Advertiser
On a request of the distributor of advertisements the advertiser shall provide documented information on the compliance of the advertisement to the provisions of the present Federal Law, including information on the availability of a licence, on compulsory certification or state registration.
Chapter 2. The Details of Specific Advertising Techniques
Article 14. Advertising in Television Programmes and Television Broadcasts
1. Interrupting a television programme or a television broadcast by an advertisement, i.e. stopping the broadcast of a television programme or television broadcast for the purpose of showing an advertisement shall be preceded by an announcement of the forthcoming advertisement, except for an interruption by a sponsor advertisement.
2. If an advertisement is combined with a television programme by means of "running tape", or by its otherwise being superimposed on a broadcast television programme, the advertisement shall not:
1) occupy more than seven per cent of screen area;
2) overlap subtitles or explanatory inscriptions.
GARANT: Part 3 of Article 14 of this Federal Law shall enter into force from January 1, 2008 According to Article 39 of this Federal Law from July 1, 2006 up to January 1, 2008 the total duration of the advertisement distributed in a television programme (including such advertisement as television shops), the advertisement breaks in a television programme (including sponsor advertisements) and combination of advertisements with a television programmes by means of "running tape" or otherwise superimposing an advertisement on a broadcast television programme shall not exceed 20 per cent of the broadcast time during an hour and 15 per cent of broadcast time during 24 hours
3. The total duration of the advertisements distributed in a television programme (including such advertisements as television shops), advertisement breaks in a television programme (including sponsor advertisements) and combination of advertisements with a television programme by means of "running tape" or by otherwise superimposing it on a television programme shall not exceed 15 per cent of broadcast time per hour.
3.1. Abrogated. Information on changes: See the part 3.1 of Article 14
3.2. Abrogated. Information on changes: See the part 3.2 of Article 14
3.3. Abrogated.. Information on changes: See the part 3.3 of Article 14
4. It is prohibited to interrupt the following television broadcasts with advertisements and combine them with advertisements by means of "running tape":
1) religious television broadcasts;
2) television broadcasts shorter than 15 minutes.
5. The television broadcasts mentioned in Part 4 of the present article may be interrupted by a sponsor advertisement immediately at the beginning and immediately before the end of such broadcasts on the condition that the total duration of the advertising does not exceed 30 seconds.
6. It is prohibited to interrupt with an advertisement, including a sponsor advertisement, the broadcast of canvassing materials disseminated in television programmes and television broadcasts in accordance with the legislation of the Russian Federation on elections and the legislation of the Russian Federation on referendums.
7. In child and educational television broadcasts that last for at least 15 minutes advertisements may be distributed immediately at the beginning of the television broadcast -- for one minute -- and immediately before the end of the television broadcast -- for one minute. In child and educational television broadcasts lasting at least for 25 minutes advertisements may be distributed immediately at the beginning of the television broadcast -- for one and a half minutes -and immediately before the end of the television broadcast -- for one and a half minutes. In child and educational television broadcasts lasting for at least 40 minutes advertisements may be distributed immediately at the beginning of the television broadcast -- for two and a half minutes -- and immediately before the end of the television broadcast -- for two and a half minutes. In child and educational television broadcasts lasting for one hour and more advertisements may be distributed immediately at the beginning of the television broadcast -- for three minutes -- and immediately before the end of the television broadcast -- for three minutes.
8. Live or recorded broadcasts of a sporting event (including a sporting match, game, fight, race) may be interrupted with advertisements, including sponsor advertisements, only in the breaks during the sporting event or when it is stopped.
9. A live or recorded broadcast of a sporting event which has no breaks or stops may be interrupted with advertisements so that a broadcast interruption would not cause a loss of a part of significant information on the sporting event. In this case, the total duration of the advertising shall not exceed 20 per cent of the actual sporting event broadcast time.
10. Other television broadcasts, including fiction films, may be interrupted with advertisements so that the duration of each advertisement interruption of the said television broadcasts would not exceed four minutes.
11. The requirements established by Parts 1-10 of the present article do not extend to the television programmes registered as mass media which specialise in announcements and materials of an advertising nature, and which are broadcast under a broadcasting licence on the condition that in such television programmes the duration of advertising makes up 80 and more per cent of actual broadcasting per 24 hours.
12. When an advertisement is being broadcast, the level of sound and also the level of sound of an announcement of a forthcoming advertisement broadcast shall not exceed the average sound level of the television programme or of the television broadcast that is interrupted with the advertisement. The parameters of the ratio of the sound level of the advertisement and that of the television programme or of the television broadcast interrupted by it shall be determined by provisions of technical regulations.
13. In the television broadcasts broadcast in accordance with Federal Law No. 7-FZ of January 13, 1995 on the Procedure for Covering the Activities of Governmental Bodies in State Mass Media (hereinafter referred to as "the Federal Law on the Procedure for Covering the Activities of Governmental Bodies in State Mass Media") advertisement distribution is prohibited.
14. In television programmes it is prohibited to distribute advertisements on days of
mourning declared in the Russian Federation.
15. The limitations established by the present Federal Law in respect on the advertising of specific types of goods in television programmes do not extend to:
1) an advertisement existing at the place of an event broadcast as live or recorded, except for a setting specifically created for the broadcast;
Information on changes: Federal Law No. 218-FZ of July 18, 2011 amended Item 2 of part 15 of Article 14 of this Federal Law. The amendments shall enter into force upon the expiry of one year from the day of official publication of the said Federal Law See the Item in the previous wording
2) an advertisement distributed in television programmes, television broadcasts via the television channels to which access is provided exclusively for payment as involving the use of decoders with the exception of advertising alcohol products.
16. The requirements set out in the present article do not extend to:
1) the information placed inside television programmes concerning the television broadcasts broadcast on the relevant television channel;
2) the logo of a television programme and to information concerning the television programme.
Article 15. Advertising in Radio Programmes and Radio Broadcasts
1. An interruption of a radio programme or of a radio broadcast with advertising shall be preceded by an announcement of the forthcoming advertisement broadcast, except for an interruption with a sponsor advertisement.
2. In radio programmes not registered as mass media which are specialising in announcements and materials of advertising nature the duration of advertising shall not exceed 20 per cent of broadcast time in 24 hours.
3. In radio programmes it is prohibited to interrupt the following radio broadcasts with advertisements;
1) religious radio broadcasts;
2) radio broadcasts that last for less than 15 minutes.
4. The radio broadcasts specified in Part 3 of the present article may be interrupted with sponsor advertisements immediately at the beginning and immediately before the end of the radio broadcast on the condition that the total duration of such advertising does not exceed 30 seconds.
5. It is prohibited to interrupt with advertisements, including sponsored ones, the broadcasting of the canvassing materials disseminated in radio programmes and radio broadcasts in accordance with the legislation of the Russian Federation on elections and the legislation of the Russian Federation on referendums.
6. In child and educational radio broadcasts that last for at least 15 minutes advertisements may be distributed immediately at the beginning of the radio broadcast for one minute, and immediately before the end of the radio broadcast for one minute. In child and educational radio broadcasts lasting for at least for 25 minutes advertisements may be distributed immediately at the beginning of the radio broadcast for one and a half minutes and immediately before the end of the radio broadcast for one and a half minutes. In child and educational radio broadcasts lasting for at least 40 minutes advertisements may be distributed immediately at the beginning of the radio broadcast for two and a half minutes and immediately before the end of the radio broadcast for two and a half minutes. In child and
educational radio broadcasts lasting for one hour and more advertisements may be distributed immediately at the beginning of the radio broadcast for three minutes, and immediately before the end of the radio broadcast for three minutes.
7. A live or recorded radio broadcasts of a sporting event (including a sporting match, game, fight, race) may be interrupted with advertisements, including sponsor advertisements, only in the breaks during the sporting event or when it is stopped.
8. A live or recorded radio broadcast of a sporting event which has no breaks or stops may be interrupted with advertisements so that a broadcast interruption would not cause a loss of a part of significant information on the sporting event. In this case, the total duration of the advertising shall not exceed 20 per cent of the actual sporting event broadcast time.
9. Other radio broadcasts may be interrupted with advertisements as many times as the number of 15-minute periods included in the radio broadcast, and also additionally with sponsor advertising immediately at the beginning and immediately before the end of the radio broadcast on the condition that the total duration of the sponsor advertising does not exceed 30 seconds.
10. The requirements established by Parts 1-9 of the present article do not extend to the radio programmes registered as mass media which specialise in announcements and materials of advertising nature, and which are broadcast under a broadcasting licence on the condition that in such radio programmes the duration of advertising makes up 80 and more per cent of actual broadcasting in 24 hours.
11. When an advertisement is being broadcast the level of sound and also the level of sound of an announcement of a forthcoming advertisement broadcast shall not exceed the average sound level of the radio programme or of the radio broadcast that is interrupted with the advertisement. The parameters of the ratio of the sound level of the advertisement and that of the radio programme or of the radio broadcast interrupted by it shall be determined by the provisions of technical regulations.
12. In radio broadcasts broadcast in accordance with the Federal Law on the Procedure for Covering the Activities of Governmental Bodies in State Mass Media advertising is prohibited.
13. In radio programmes it is prohibited to distribute advertisements on days of mourning declared in the Russian Federation.
14. The provisions of the present article do not extend to:
1) the information placed in radio programmes concerning the radio broadcasts broadcast via the relevant radio channel;
2) announcements of the title of a radio programme and its broadcasting frequency as well as other information about the given radio programme.
Article 16. Advertising in Periodical Printed Publications
The placement of an advertising text in periodical printed publications that do not specialise in announcements and materials of advertising nature shall be accompanied with the annotation "advertisement" or "with advertisement rights". The amount of advertising in such publications shall not make up more than 40 per cent of the volume of a single issue of the periodical printed publication. The provision requiring the observance of this volume does not extend to the periodical printed publications registered as specialising in announcements and materials of advertising nature which has information concerning such specialisation on the cover as well as in their particulars.
Article 17. Advertising Distributed when Cinema and Video Services Are Provided
When cinema and video services are provided it is prohibited to have the show of a film interrupted with advertisements or to have the show of a film combined with an advertisement
by means of "running tape" or by otherwise superimposing an advertisement on the film shown.
Information on changes: Federal Law No. 179-FZ of October 27, 2008 amended the title of Article 18 of this Federal Law GARANT: See the title in the previous wording
Article 18. Advertisements Distributed via Electric Communication Networks
1. The distribution of advertisements via electric communication networks, including telephone, facsimile, roving radio telephone communication, is only admissible if the subscriber or addressee have granted his consent to receive advertisements. In this case an advertisement shall be deemed distributed without the consent of the subscriber or addressee unless the distributor of the advertisement proves that such consent has been obtained. The distributor of an advertisement shall immediately stop distributing the advertisement addressed to the person which has requested that it be stopped.
2. It is prohibited to use electric communication networks for the purpose of distributing advertisements through the use of facilities intended for selecting and/or dialling a subscriber's number without manual participation (automatic dial up, automatic mailing).
3. When reference information service is provided by phone (either for payment or not), for instance, by means of roving telephone communication facilities advertisements may be provided only after the information requested by a subscriber has been provided thereto.
4. When telephone connections are provided on a time-basis, the time during which advertisements are distributed shall not be taken into account in the calculation of price of such a telephone communication service.
5. Abrogated. Information on changes: See the text of Part 5 of Article 18
Federal Law No. 193-FZ of July 21, 2007 amended Article 19 of this Federal Law. The amendments shall enter into force from July 1, 2008 See the Article in the previous wording
Article 19. Outdoor Advertising and the Erection of Advertising Structures Information on changes: Federal Law No. 98-FZ of May 7, 2013 amended part 1 of Article 19 of this Federal Law See the part in the previous wording
1. Outdoor advertisements shall be distributed through the use of boards, stands, construction grids, suspended banners, electronic displays, projection and other equipment intended for projecting advertising on any surface, balloons, blimps and other stable-territorial location technical facilities (hereinafter referred to as "advertising structures") erected and placed on outdoor walls, roofs and other structural elements of buildings, constructions, structures or outside them, and also of mass transit system stops, by the owner of an advertising structure being a distributor of advertisements, with the requirements of this article to be observed. The owner of an advertising structure (a natural person or a legal entity) - the
proprietor of the advertising structure or another person having the right in rem to the advertising structure or the right of possession and enjoyment to the advertising structure on the basis of an agreement with its proprietor.
Information on changes: Federal Law No. 193-FZ of July 21, 2007 amended part 2 of Article 19 of this Federal Law See the part in the previous wording
2. An advertising structure shall be used exclusively for distribution of advertisements, social advertising.
3. Distributing advertisements on a road sign, its pole or on any other facility intended for the purpose of traffic regulation is prohibited.
4. An advertising structure and its territorial location shall meet the provisions of technical regulations.
Information on changes: Federal Law No. 98-FZ of May 7, 2013 amended part 5 of Article 19 of this Federal Law See the part in the previous wording
5. The erection and operation of an advertising structure shall be carried out by the possessor thereof under a contract with the owner of the land plot, building or other immovable property to which the advertising structure is attached or with the person empowered by the owner of the property, including a lessee. In the event that for the installation and use of an advertising structure it is intended to employ common property of owners of premises in a block of flats, the conclusion of an agreement thereon shall be possible only if there is the consent of the owners of the premises in the block of flats received in the procedure established by the Housing Code of the Russian Federation. Such agreement shall be concluded by a person authorised thereto by a general meeting of the owners of the premises in the block of flats. Upon the termination of the period of effect of an agreement on installing and operating an advertising structure, the obligations of the parties to the agreement shall terminate. The constituent entities of the Russian Federation shall fix the limit time periods for which may be concluded agreements on the installation and operation of advertising structures, depending on the types and kinds of advertising structures, as well as the applied advertising demonstration technologies, but at least for five and at most for ten years. The specific validity terms of an agreement of installation and operation of an advertising structure on a land plot, building or other immovable property which is under state or municipal ownership or on a land plot in respect of which state ownership is not delimited shall be fixed accordingly by an executive power body or local self-government body of a municipal district or by the local self-government body of an urban circuit, depending on the type and kind of an advertising structure, and the applied advertising demonstration technologies within the limits of the corresponding limit time periods. The conclusion of an agreement on installing and operating an advertising structure shall be carried out in accordance with the norms of this Federal Law and the civil legislation.
Information on changes: Federal Law No. 98-FZ of May 7, 2013 amended part 5.1 of Article 19 of this Federal Law See the part in the previous wording GARANT:
As from the date of endorsement of layouts of advertising structures the provisions of Part 5.1 of Article 19 of this Federal Law (in the wording of Federal Law No. 98-FZ of May 7, 2013) shall be applied in the appropriate municipal entities (the constituent entities of the Russian Federation the cities of federal importance Moscow and Saint-Petersburg)
5.1. The conclusion of an agreement on installing and operating an advertising structure on a land plot, a building or another immovable property which is in state or municipal ownership, shall be carried out on the basis of bidding (in the form an auction or a contest) conducted by the bodies of state power, the bodies of local self-government or by organisations authorised by them in accordance with the legislation of the Russian Federation. The form of the conduct of bidding (auction or contest) shall be established by the bodies of state power or by the representative bodies of the municipal formations. Bidding for the right to make an agreement on erection and operation of an advertising structure on a land plot which is under state or municipal ownership or in respect of which state ownership is not delimited, and on a building or other immovable property which is under ownership of constituent entities of the Russian Federation or under municipal ownership, after endorsing in compliance with Part 5.8 of this article layouts of advertising structures shall be only held by a state power body or local-self-government body of a municipal district or local self-government body of an urban circuit or by the organisation authorised by them in respect of the advertising structures shown in these layouts.
5.2. Abrogated. Information on changes: See the part 5.2 of Article 19
5.3. Abrogated. Information on changes: See the part 5.3 of Article 19
5.4. Abrogated. Information on changes: See the part 5.4 of Article 19
5.5. Abrogated. Information on changes: See the part 5.5 of Article 19
Federal Law No. 193-FZ of July 21, 2007 supplemented Article 19 of this Federal Law with part 5.6. The part shall enter into force from July 1, 2008
5.6. An auction or contest for the conclusion of an agreement on installing and operating an advertising structure on a land plot, a building or another immovable property which is in state or municipal ownership and on which, on the basis of an agreement between the body of state power or the body of local self-government, respectively, and the owner of an advertising structure has been installed, shall be held upon the expiry of the period of effect of the agreement on installing and operating an advertising structure.
Information on changes: Federal Law No. 264-FZ of July 21, 2014 reworded part 5.7 of Article 19 of this Federal Law See the part in the previous wording
5.7. Where solely one participant has been admitted to take part in an auction or tender, the auction or tender shall be deemed not having been held and a contract involving the installation and operation of an advertising structure shall be made with the person being the only participant of the auction or tender.
Information on changes: Federal Law No. 264-FZ of July 21, 2014 amended part 5.8 of Article 19 of this Federal Law See the part in the previous wording
5.8. Local self-government bodies of municipal districts or urban circuits shall endorse the layouts of advertising structures on land plots, irrespective of the forms of ownership thereof, as well as on buildings or other immovable property which are under the ownership of constituent entities of the Russian Federation or under municipal ownership. The layout of advertising structures shall be the document specifying the location of advertising structures, types and kinds of the advertising structures whose installation is allowed at the given places. The layout of advertising structures shall correspond to land planning documents and shall ensure compliance with the outer architectural image of the existing housing system, with town-planning norms and rules and satisfaction of the safety requirements, and shall contain location maps of advertising structures citing the types and kinds of advertising structures, area of the information field and technical parameters of advertising structures. The layout of advertising structures and amendments to be made therein are subject to preliminary coordination with an authorised executive state power body of the relevant constituent entity of the Russian Federation in the procedure established by the supreme executive state power body of the given constituent entity of the Russian Federation. The layout of advertising structures and the amendments made therein are subject to publication (public disclosure) in the procedure established for the official publication (public disclosure) of municipal legal acts and to insertion in the official site of the local self-government body of a municipal district or the local self-government body of an urban circuit on the Internet. For the purposes of this article, the information field of an advertising structure shall mean the part of the advertising structure intended for distribution of advertising.
Information on changes: Federal Law No. 264-FZ of July 21, 2014 amended part 6 of Article 19 of this Federal Law See the part in the previous wording
6. If the immovable property to which an advertising structure is attached has been assigned by its owner to another person by a right of economic jurisdiction, the right of operative management or another right in rem then a contract for the erection and operation of the advertising structure shall be concluded with the holder of the right of economic jurisdiction, the right of operative management or the other right in rem to the immovable property, in the presence of the consent of such proprietor and with observance of the requirements established by Part 5.1 of this Article.
7. If the immovable property to which an advertising structure is attached has been transferred into trust administration then a contract for the erection and operation of the advertising structure shall be concluded with the trustee unless the contract of trust administration imposes a limit on the trustee's committal of such actions in respect of the property.
8. For the effective term of the contract the possessor of the advertising structure is
entitled to have free access to the immovable property to which the advertising structure is attached and to use the property for purposes relating to the exercising of the rights of the possessor of the advertising structure, including its operation, maintenance and dismantling.
Information on changes: Federal Law No. 264-FZ of July 21, 2014 amended part 9 of Article 19 of this Federal Law See the part in the previous wording
9. An advertising structure may be erected and operated if there is a permit to erect and operate it (hereinafter also referred to as "permit") issued on the application of the owner or the other legal possessor of the immovable property specified in Parts 5, 6 and 7 of the present article or the possessor of the advertising structure by the local self-government body of the municipal rayon or by the local self-government body of the urban okrug on whose territory the advertising structure is going to be erected and operated.
9.1. Abrogated. Information on changes: See the text of part 9.1 of Article 19
Federal Law No. 264-FZ of July 21, 2014 amended part 9.2 of Article 19 of this Federal Law See the part in the previous wording
9.2. Any permits issued by the body of local self-government of a municipal district or by the body of local self-government of a town district with violations of the requirements of Parts 5.1, 5.6 and 5.7 of this Article, shall be annullable on the basis of an order of the antimonopoly body.
Information on changes: Federal Law No. 98-FZ of May 7, 2013 amended part 9.3 of Article 19 of this Federal Law See the part in the previous wording
9.3. A person to whom there has been issued a permit for installing and operating an advertising structure must notify the body of local self-government which has issued such a permit about all the facts of the emergence of third party of any rights with respect to the advertising structure (leasing of the advertising structure, contributing of the advertising structure under an agreement of a society in participation, conclusion of an agreement of trust management, other facts).
Information on changes: Federal Law No. 98-FZ of May 7, 2013 reworded part 10 of Article 19 of this Federal Law See the part in the previous wording
10. The erection and operation of an advertising structure without a permit whose validity term has not expired shall be prohibited. If an advertisement structure is erected or operated again without a permit whose validity term has not expired, it is subject to dismantling in compliance with an order of the local self-government body of the municipal district or the local self-government body of the urban circuit in whose territory the advertising
structure is erected.
11. The following shall be attached to the application mentioned in Part 9 of the present article:
Information on changes: Federal Law No. 169-FZ of July 1, 2011 reworded Item 1 of part 11 of Article 19 of this Federal Law. The new wording shall enter into force from July 1, 2011 See the Item in the previous wording GARANT: The provisions of Item 1 of part 11 of Article 19 of this Federal Law (in the wording of Federal Law No. 169-FZ of July 1, 2011) shall not be applicable until July 1, 2012 in respect of the documents and information used within the framework of the state services provided by executive governmental bodies of subjects of the Russian Federation or territorial state non-budget funds, and of municipal services and in respect of the documents and information held by governmental bodies of subjects of the Russian Federation, local self-government bodies, territorial state non-budget funds or the organisations under the jurisdiction of governmental bodies or local self-government bodies participating in the provision of state or municipal services
1) information on the applicant being a natural person. Information on the state registration of a legal entity or on the state registration of a natural person as an individual entrepreneur shall be requested by the body empowered to issue permits from the federal executive governmental body responsible for the state registration of legal entities, natural persons as individual entrepreneurs and peasant (farmer's) farms;
Information on changes: Federal Law No. 264-FZ of July 21, 2014 amended Item 2 of part 11 of Article 19 of this Federal Law See the Item in the previous wording
2) confirmation in writing of the consent of the owner or the other legal possessor specified in Parts 5, 6 and 7 of the present article of the relevant immovable property to the attachment of the advertising structure to the property unless the applicant is the owner or other legal possessor of the immovable property. In the event that for the installation and use of an advertising structure it is necessary to use common property of owners of premises in a block of flats, the document confirming the consent of such owners shall be the minutes of a general meeting of the owners of the premises in the block of flats. If the relevant immovable property is in state or municipal ownership, the local self-government body of a municipal rayon or the local self-government body of an urban okrug shall request an authorised agency for the data on the availability of such consent, if an applicant has not presented the document proving the obtaining of such consent on the own initiative thereof.
Information on changes: Federal Law No. 133-FZ of July 28, 2012 amended part 12 of Article 19 of this Federal Law See the text of the part in the previous wording
12. The local self-government body of the municipal rayon or the local self-government
body of the urban okrug are entitled neither to demand that the applicant submit documents and provide information that has nothing to do with the territorial location, appearance and technical parameters of the advertising structure nor to make an additional charge apart from the state duty for the preparation, drawing up and issuance of the permit and for the committal of other actions relating to the issuance of the permit. The local self-government body of a municipal rayon or the local self-government body of an urban okrug, for the purpose of verifying, if an applicant or other person that has given consent to the connection to immovable property thereof of an advertising structure are the legal owners of this property on which data are contained in the Comprehensive State Register of Rights to Immovable property and Transactions Therewith, shall request by way of inter-departmental information interaction the federal executive power body authorised in respect of the state registration rights to immovable property and transactions therewith for data on the rights to the immovable property which the advertising structure is to be connected to.
13. The local self-government body of the municipal rayon or the local self-government body of the urban okrug shall on its own seek and obtain the approval from empowered bodies required to take a decision on the issuance of a permit or on refusing to issue a permit. In this case the applicant is entitled to obtain on its own such an approval from an empowered body and submit it to the local self-government body of the municipal rayon or to the local self-government body of the urban okrug.
14. A decision in writing on the issuance of a permit or on the refusal to issue a permit shall be sent by the local self-government body of the municipal rayon or the local self-government body of the urban okrug to the applicant within two months after the receipt of the necessary documents from him. If within the term specified the applicant does not receive from the local self-government body of the municipal rayon or the local self-government body of the urban okrug a decision in writing on the issuance of a permit or on refusing to issue a permit then he is entitled within three months to file an application to the court or arbitration court claiming that the omission of the relevant local self-government body be deemed illegal.
15. A decision on the refusal to issue a permit shall be substantiated and taken by the local self-government body of the municipal rayon or by the local self-government body of the urban okrug exclusively on the below grounds:
1) the non-compliance of the design of the advertising structure and of its territorial location with provisions of technical regulations;
Information on changes: Federal Law No. 98-FZ of May 7, 2013 reworded Item 2 of part 15 of Article 19 of this Federal Law See the part in the previous wording GARANT: As from the date of endorsement of layouts of advertising structures the provisions of Item 2 of Part 15 of Article 19 of this Federal Law (in the wording of Federal Law No. 98-FZ of May 7, 2013) shall be applied in the appropriate municipal entities (the constituent entities of the Russian Federation the cities of federal importance Moscow and Saint-Petersburg)
2) the non-compliance of the erection of the advertising structure at the declared place with the layout of advertising structures (if the place of erection of the advertising structure in compliance with Part 5.8 of this article is defined by the layout of advertising structures);
3) the breaking of the provisions of of the normative acts concerning transport traffic safety;
Information on changes: Federal Law No. 98-FZ of May 7, 2013 amended Item 4 of part 15 of Article 19 of this Federal Law See the Item in the previous wording
4) the breaking of the exterior architectural appearance of the prevailing settlement or urban okrug's development. The local self-government bodies of municipal districts or local self-government bodies of urban circuits are entitled to define the types and kinds of advertising structures whose erection is allowed or not allowed in the territory of an appropriate municipal entity or in a part of its territory, in particular the requirements for such advertising structures, subject to a need for the compliance with the outer architectural image of the existing housing system of inhabited localities or urban circuits;
5) a breach of provisions of the legislation of the Russian Federation on cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, on the protection and use thereof;
Information on changes: Federal Law No. 264-FZ of July 21, 2014 amended Item 6 of part 15 of Article 19 of this Federal Law See the Item in the previous wording
6) violation of the requirements established by Items 5.1, 5.6 and 5.7 of this Article.
16. If the local self-government body of the municipal rayon or the local self-government body of the urban okrug refuse to issue a permit the applicant is within three months after the receipt of the decision on the refusal to issue a permit entitled to file an application with the court or arbitration court claiming that the decision be deemed illegal.
Information on changes: Federal Law No. 264-FZ of July 21, 2014 amended part 17 of Article 19 of this Federal Law See the part in the previous wording
17. A permit shall be issued by the local self-government body of the municipal rayon or by the local self-government body of the urban okrug for each advertising structure for the period of effect of the agreement on installing and operating an advertising structure. If the owner of an advertising structure is the proprietor of the immovable property to which the advertising structure is attached, a permit shall be issued for the time period cited in the application, provided that the cited time period corresponds to the limit time periods which are fixed by a constituent entity of the Russian Federation and for which agreements on the installation and operation of advertising structures may be concluded, while a permit in respect of a temporary advertising structure shall be issued for the time period cited in the application but at most for twelve months. In the permit there shall be indicated the owner of the advertising structure, the proprietor of the land plot, building or another immovable property to which the advertising structure is affixed, the type of the advertising structure, the area of its information field, the place of installing the advertising structure, the period of effect of the permit, the body that issued the permit, the number and date of its issuance, other information. A permit shall be deemed valid pending the expiry of the validity tern cited in it or pending its cancellation or declaring invalid. For the purposes of this article, temporary advertising structures shall mean the advertising structures whose placement term is
determined by their functional purpose and place of installation (construction screens, fencing of construction sites, trading places and the like, as well as similar technical means) and is no more than 12 months.
18. A decision to annul a permit is taken by the local self-government body of the municipal rayon or by the local self-government body of the urban okrug:
1) within one month after the day when the possessor of an advertising structure sent a notice in writing to it of his refusal to further use the permit;
2) within one month after the day when the owner or other legal possessor of the real property to which an advertising structure is attached sent to it a document confirming the termination of the contract concluded between the owner or the possessor of the immovable property and the possessor of the advertising structure;
Information on changes: Federal Law No. 98-FZ of May 7, 2013 reworded Item 3 of part 18 of Article 19 of this Federal Law See the Item in the previous wording
3) if no advertising structure is erected within a year from the date when the permit is issued or from the date of dismantling the advertising structure by the owner thereof within the period while the permit is valid;
Information on changes: Federal Law No. 193-FZ of July 21, 2007 amended Item 4 of part 18 of Article 19 of this Federal Law. The amendments shall enter into force from July 1, 2008 See the Item in the previous wording
4) if the advertising structure is used for purposes other than distribution of advertisements, social advertisements.
Information on changes: Federal Law No. 264-FZ of July 21, 2014 amended Item 5 of part 18 of Article 19 of this Federal Law See the Item in the previous wording
5) in the event that a permit has been issued to a person who has concluded an agreement on installing and operating an advertising structure with violation of the requirements established by Items 5.1, 5.6 and 5.7 of this Article, or the results of an auction or contest have been invalidated in accordance with the legislation of the Russian Federation;
Information on changes: Federal Law No. 264-FZ of July 21, 2014 reworded Item 6 of part 18 of Article 19 of this Federal Law See the Item in the previous wording
6) failure to meet the requirements established by Part 9.3 of this Article. GARANT: According to Federal Law No. 193-FZ July 21, 2007, permits for installing advertising
structures issued before the entry into force of said Federal Law may be annulled only in the cases and on the grounds that were effective as on the moment of the issuance of a permit
19. An appeal may be taken to the court or arbitration court from a decision on annulling a permit within three months after the receipt thereof.
20. The decision may be recognised as invalid in the judicial procedure if:
1) the distributor of advertisements has several times or has bluntly violated the legislation of the Russian Federation on advertising - on an action by the anti-monopoly body;
2) it is found that the advertising structure and the territorial location thereof do not comply with provisions of technical regulations - on an action of the body charged with controlling the observance of technical regulations;
Information on changes: Federal Law No. 98-FZ of May 7, 2013 reworded Item 3 of part 20 of Article 19 of this Federal Law See the Item in the previous wording GARANT: As from the date of endorsement of layouts of advertising structures the provisions of Item 3 of Part 20 of Article 19 of this Federal Law (in the wording of Federal Law No. 98-FZ of May 7, 2013) shall be applied in the appropriate municipal entities (the constituent entities of the Russian Federation the cities of federal importance Moscow and Saint-Petersburg)
3) the erection of the advertising structure in this particular place does not comply with the layout of advertising structures (if the place of erection of an advertising structure in compliance with Part 5.8 of this article is defined by the layout of advertising structures - on the basis of an action of the local self-government body;
4) the exterior architectural appearance of the prevailing settlement's or urban okrug's development is broken - on an action of the local self-government body;
5) the advertising structure does not meet provisions of normative acts concerning transport traffic safety - on an action of the body charged with controlling transport traffic safety;
6) Abrogated. Information on changes: See the Item 6 of part 20 of Article 19
Federal Law No. 98-FZ of May 7, 2013 supplemented Article 19 of this Federal Law with part 20.1 GARANT: As from the date of endorsement of layouts of advertising structures the provisions of Item 2 of Part 15 of Article 19 of this Federal Law (in the wording of Federal Law No. 98-FZ of May 7, 2013) shall be applied in the appropriate municipal entities (the constituent entities of the Russian Federation the cities of federal importance Moscow and Saint-Petersburg)
20.1. In the event of amending the layout of advertising structures as a result of which the location of a previously erected advertising structure has ceased to correspond to the cited layout and the permit to erect and operate such advertising structure has been declared invalid on the grounds provided for by Item 3 of Part 20 of this article, the owner of the
advertising structure shall be paid compensation from an appropriate budget. The well-founded and confirmed expenses on dismantling the advertising structure borne by the owner thereof, as well as the relevant part of actually paid monetary assets according to the terms of the bidding held and/or of the agreement on installation and operation of the advertising structure in respect of which the permit has been declared invalid are subject to compensation. In so doing, the part of the compensation which is not connected with dismantling shall be estimated in proportion to the number of days by which the validity term of the permit for installation and operation of the advertising structure has been reduced. The compensation is subject to payment to the advertising distributor at the latest in ninety days as from the time when the layout of advertising structures is amended.
Information on changes: Federal Law No. 98-FZ of May 7, 2013 reworded part 21 of Article 19 of this Federal Law See the part in the previous wording
21. The owner of an advertising structure is bound to dismantle the advertising structure within a month from the date of issuance of the order of the local self-government body of a municipal district or of the local self-government body of an urban circuit to dismantle the advertising structure erected and/or operated without a permit whose validity term has not expired, as well as to delete the information inserted in such advertising structure within three days as from the date when such order is issued.
Information on changes: Federal Law No. 98-FZ of May 7, 2013 supplemented Article 19 of this Federal Law with part 21.1
21.1. If in due time the owner of an advertising structure has not discharged the duty cited in Part 21 of this article as to the dismantling of the advertising structure or the owner of an advertising structure is unknown, the local self-government body of a municipal district or the local self-government body of an urban circuit shall issue an order to dismantle the advertising structure to the owner or to another legal holder of the immovable property which the advertising structure is attached to, except when an advertising structure is attached to a municipal property item or to the common property of the owners of premises in an apartment building where there is no consent of such owners to the erection or operation of the advertising structure. The owner or other legal holder of the immovable property to which an advertising structure is attached is bound to dismantle the advertising structure within a month from the date when the corresponding order is issued. An advertising structure shall be dismantled, stored or where necessary destroyed at the cost of the owner or other legal holder of the immovable property to which the advertising structure is attached. On demand of the owner or other legal holder of the given immovable property the owner of the advertising structure is bound to compensate this owner or this legal holder for the expenses borne in connection with dismantling, storing and where necessary destruction of the advertising structure.
Information on changes: Federal Law No. 98-FZ of May 7, 2013 supplemented Article 19 of this Federal Law with part 21.2
21.2. If in due time the owner or other legal holder of the immovable property to which an advertising structure is attached has not discharged the duty cited in Part 21 of this article as to dismantling the advertising structure or the owner or other legal holder of the given immovable property is unknown, the advertising structure shall be dismantled, stored and where necessary destroyed at the cost of the local budget assets. On demand of the local self-government body of a municipal district or the local self-government body of an urban circuit the owner of an advertising structure, or the owner or other legal holder of the immovable property to which the advertising structure is attached is bound to compensate for the necessary expenses borne in connection with dismantling, storage and where necessary destruction of the advertising structure.
Information on changes: Federal Law No. 98-FZ of May 7, 2013 supplemented Article 19 of this Federal Law with part 21.3
21.3. If an advertising structure is attached to a municipal property item or to the common property of the owners of premises in an apartment building where there is no consent of such owners to the erection and operation of the advertising structure, it shall be dismantled, stored or where necessary destroyed in the instance cited in Part 21.1 of this article at the cost of the local budget assets. On demand of the local self-government body of a municipal district or the local self-government body of an urban circuit the owner of the advertising structure is bound to compensate for the necessary outlays borne in connection with dismantling, storing or where necessary destruction of the advertising structure.
Information on changes: Federal Law No. 98-FZ of May 7, 2013 reworded part 22 of Article 19 of this Federal Law See the part in the previous wording
22. The decision to issue an order to dismantle an advertising structure and dismantling of an advertising structure may be appealed against with a court of law or arbitration court within three months as from the date of receiving the relevant order or as from the date of dismantling the advertising structure.
Information on changes: Federal Law No. 193-FZ of July 21, 2007 supplemented Article 19 of this Federal Law with part 22.1
22.1. In the case of non-performance of the duty to remove the information placed on an advertising structure in the event of annulment or invalidation of a permit, the proprietor or another legal owner of the immovable property to which the advertising structure was affixed, shall remove that information at his expense. At the request of the proprietor or another legal owner of such an immovable property, the owner of the advertising structure must reimburse the reasonable expenses incurred in connection with removing that information.
Information on changes: Federal Law No. 98-FZ of May 7, 2013 reworded part 23 of Article 19 of this Federal Law See the part in the previous wording
23. The requirements of this article as to the obtaining of permits shall not extend to shop-windows, kiosks, hawkers' trays, mobile points of sale and street umbrellas, if advertising is placed directly on these facilities (without using the structures and devices intended for placing advertising).
24. The provisions of the present article that define the powers of local self-government bodies are applicable to intra-city municipal formations of the federal-significance cities of Moscow and St.Petersburg unless under Federal Law No. 131-FZ of October 6, 2003 on the General Principles of Organisation of Local Self-Government in the Russian Federation a procedure is established by laws of the subjects of the Russian Federation being the federal-significance cities of Moscow and St.Petersburg for the said powers to be exercised by the governmental bodies of these subjects of the Russian Federation.
Article 20. Advertising on Vehicles and Through the Use Thereof
1. Advertisements shall be placed on a vehicle under a contract concluded by an advertiser with the owner of the vehicle or with the person empowered by the owner or with the person holding another right in rem in respect of the vehicle.
Information on changes: Federal Law No. 98-FZ of May 7, 2013 reworded part 2 of Article 20 of this Federal Law See the part in the previous wording
2. It is prohibited to use transport vehicles exclusively and predominantly as movable advertising structures, in particular to re-equip transport vehicles for distribution of advertising as a result of which transport vehicles have lost in full or in part the functions they are intended for, as well as to re-equip the bodies of transport vehicles so that they resemble a particular kind of goods.
3. It is prohibited to place advertisements on the vehicles:
1) of special and operative services with the specific colour and graphic patterns envisaged by provisions of technical regulations;
2) equipped with special light and sound signal systems;
3) of the federal postal communication system which feature diagonal white stripes against dark blue background on their side surfaces;
4) intended for carrying hazardous cargoes.
4. The placement of distinctive marks on vehicles to indicate their belonging to certain persons is not deemed advertising.
5. An advertisement placed on vehicles shall not threaten traffic safety, for instance, by limiting the driver's and other traffic participants' view, and it shall comply with other provisions of technical regulations.
6. It is prohibited to distribute audio advertisements by means of using vehicles or to provide an audio accompaniment to the advertisements distributed by means of vehicles.
Chapter 3. The Details of Advertising of Specific Types of Goods
Article 21. Advertising Alcohol Products
1. An advertisement of an alcohol product shall not:
1) contain the assertion that the consumption of alcohol products is important for the purpose of achieving public recognition, professional, sporting or personal success or that it
assists in improving physical or emotional condition;
2) contain a disapproval of abstinence from alcohol product consumption;
Information on changes: Federal Law No. 218-FZ of July 18, 2011 amended Item 3 of part 1 of Article 21 of this Federal Law. The amendments shall enter into force upon the expiry of one year from the day of official publication of the said Federal Law See the Item in the previous wording
3) contain the assertion that alcohol products are harmless or are beneficial for human health, including information on the existence in alcohol products of biologically active additions and of vitamins;
4) contain the statement that the consumption of alcohol products is a means of quenching one's thirst;
5) be addressed to minors;
Information on changes: Federal Law No. 218-FZ of July 18, 2011 reworded Item 6 of part 1 of Article 21 of this Federal Law. The new wording shall enter into force upon the expiry of one year from the day of official publication of the said Federal Law See the Item in the previous wording
6) to use images of people and animals, including those made with the assistance of multiplication (animated cartoons).
2. An advertisement of an alcohol product shall not be placed:
Information on changes: Federal Law No. 235-FZ of July 21, 2014 amended Item 1 of part 2 of Article 21 of this Federal Law See the Item in the previous wording GARANT: The provisions of Item 1 of part 2 of Article 21 as regards insertion in periodical prints of advertising of beer and beverages made on the basis of beer shall not apply starting from January 1, 2019
1) in periodical prints, except for advertising of beer and beverages made on the basis of beer that must not be placed on the first and last newspaper pages, as well as on the first and last pages and also on covers of magazines;
2) in printed publications, audio and video products intended for minors;
Information on changes: Federal Law No. 235-FZ of July 21, 2014 amended Item 3 of part 2 of Article 21 of this Federal Law See the Item in the previous wording GARANT: The provisions of Item 3 of part 2 of Article 21 as regards insertion and distribution in television programmes during live broadcasting or broadcasting of records of sport
tournaments (including sport matches, sport games, fights and races), as well as via televisions channels specialising in physical training and sport materials, of advertising of beer and beverages made on the basis of beer shall not apply starting January 1, 2019
3) in television programmes (except as provided for by part 7 of this Article), radio programmes, or when cinema and video services are being provided;
Information on changes: Federal Law No. 218-FZ of July 18, 2011 reworded Item 4 of part 2 of Article 21 of this Federal Law. The new wording shall enter into force upon the expiry of one year from the day of official publication of the said Federal Law See the Item in the previous wording
4) on all kinds of general use transportation facilities and with their use, as well as outside and inside buildings and structures, ensuring the functioning of general use transportation facilities, with the exception of places where the retail sale of alcohol products is carried out;
5) through the use of technically stable territorial placement facilities (advertising structure) erected and positioned on roofs, exterior walls and other structural elements of houses, buildings, structures or outside of them;
6) in child, educational, medical, sanatorium and health resort, health-rehabilitation and military organisations, in theatres, circuses, museums, in "culture houses and palaces", concert and exhibition halls, libraries, lecture-halls, planetariums and at a distance less than 100 metres from the houses, buildings and structures they occupy;
Information on changes: Federal Law No. 235-FZ of July 21, 2014 amended Item 7 of part 2 of Article 21 of this Federal Law See the Item in the previous wording GARANT: The provisions of Item 7 of Part 2 of Article 21 as regards placement and distribution at sport and recreation facilities, sport facilities and at a distance which is shorter than 100 meters from such facilities during the conduct of official sports tournaments of advertising of individualization means of a legal entity engaged in making beer and beverages produced on the basis of beer, individualization means of the commodities made by it in the form of verbal labels solely containing the denomination of the products made by it or the denomination of the manufacturer being a legal entity shall not apply starting from January 1, 2019
7) in physical education and health rehabilitation facilities, sporting structures and at a distance less than 100 metres from such facilities/structures, except as provided for by part 6 of this Article.
Information on changes: Federal Law No. 119-FZ of July 20, 2012 supplemented part 2 of Article 21 of this Federal Law with Item 8
8) in the Internet information telecommunication network.
Information on changes: Federal Law No. 218-FZ of July 18, 2011 (in the wording of Federal Law No. 119-FZ of July 20, 2012) supplemented Article 21 of this Federal Law with part 2.1. The part shall enter into force upon the expiry of one year from the day of official publication of the said Federal Law
2.1. Advertising alcohol products with an ethyl alcohol content of five or more per cent of the volume of finished products is allowed only in the printed matter, taking into account the provisions of the first and second Items of the second part of the present Article, at stationary trading objects where the retail sale of alcohol products is carried out, including at the tasting halls of such trading objects, as well as on the Internet information-telecommunication network.
3. In each case, an advertisement of an alcohol product shall be accompanied by a warning of the harm of its excessive consumption, each such warning being given at least ten per cent of the advertising area (space).
Information on changes: Federal Law No. 218-FZ of July 18, 2011 reworded part 4 of Article 21 of this Federal Law. The new wording shall enter into force upon the expiry of one year from the day of official publication of the said Federal Law See the part in the previous wording
4. Conducting advertising actions accompanied by handing out samples of alcohol products is admissible with observation of demands established in the legislation of the Russian Federation on advertising, only at stationary trading objects, including at the tasting halls of such trading objects. In this case it is forbidden to attract to handing over samples of alcohol products the under-aged and to offer the given samples to them.
Information on changes: Federal Law No. 218-FZ of July 18, 2011 supplemented Article 21 of this Federal Law with part 5. The part shall enter into force upon the expiry of one year from the day of official publication of the said Federal Law
5. Advertising the holding of a stimulating event, the condition for participation in which is the acquisition of alcohol products, is inadmissible, with the exception of specialised stimulating events, held for the purpose of realisation of alcohol products.
Information on changes: Federal Law No. 235-FZ of July 21, 2014 supplemented Article 21 of this Federal Law with part 6 GARANT: The provisions of part 6 of Article 21 shall not apply starting from January 1, 2019
6. While holding official sports tournaments, it shall be allowed to place and distribute advertising of individualization means of a legal entity engaged in making beer and beverages produced on the basis of beer, individualization means of the commodities manufactured by it in the form of verbal labels solely containing the denomination of the products made by it or
the denomination of the manufacturer being a legal entity, if the given advertising is placed or distributed at sport and recreation facilities, sport facilities and at a distance which is shorter than 100 meters from such facilities.
Information on changes: Federal Law No. 235-FZ of July 21, 2014 supplemented Article 21 of this Federal Law with part 7 GARANT: The provisions of part 7 of Article 21 shall not apply starting from January 1, 2019
7. It shall be allowed to place and distribute advertising of beer and of the beverages made on the basis of it during live broadcasting or broadcasting of records of sports tournaments (including sport matches, sport games, fights and races), as well as via television channels specialising in physical training and sports materials.
Article 22. Abrogated Information on changes: See the text of the Article
Article 23. Abrogated from November 15, 2013. Information on changes: See the text of Article 23
Federal Law No. 317-FZ of November 25, 2013 amended the title of Article 24 of this Federal Law. The amendments shall enter into force on January 1, 2014 See the title in the previous wording
Article 24. Advertising Medicines, Medical Articles and Medical Services, Methods of Prophylaxis, Diagnosis, Treatment and Medical Rehabilitation, Folk Medicine Methods
1. An advertisement of a medicine shall not:
1) be addressed to minors;
2) contain a reference to specific cases when someone has been cured or when somebody's health has improved as the result of application of the object of advertising;
3) contain an expression of gratitude by natural persons in connection with the use of the object of advertising;
4) create the idea that the object of advertising has advantages, by making reference to the fact of research having been completed which is compulsory for the state registration of the object of advertising;
5) contain the assertion or assumption that the consumers of the advertisement have certain diseases or health disorders;
6) assist in causing a healthy person to gain the impression that he/she should use the object of advertising;
7) create the impression that there is no need to visit a medical doctor;
8) guarantee a positive effect of the object of advertising, itssafety, efficiency and lack of by-effects;
9) present the object of advertising as a biologically-active supplement and food
supplement or other goods not being medicines;
10) contain the assertion that the safety and/or effectiveness of the object of advertising are guaranteed by its natural origin.
Information on changes: Federal Law No. 200-FZ of July 23, 2013 amended part 2 of Article 24 of this Federal Law. The amendments shall enter into force upon the expiry of 90 days after the day of the official publication of the said Federal Law See the part in the previous wording
2. The provisions of Item 6 of Part 1 of the present article do not extend to advertisement of medicinal preparations used to prevent diseases/ailments.
Information on changes: Federal Law No. 317-FZ of November 25, 2013 reworded part 3 of Article 24 of this Federal Law. The new wording shall enter into force on January 1, 2014 See the part in the previous wording
3. The requirements of Items 2 - 5 of Part 1 of this article shall also extend to the advertising of medical services, including advertising of the methods of prophylaxis, diagnosis, treatment and medical rehabilitation.
Information on changes: Federal Law No. 317-FZ of November 25, 2013 supplemented Article 24 of this Federal Law with part 3.1. The part shall enter into force on January 1, 2014
3.1. The requirements of Items 2 - 5 and 7 of Part 1 of this article shall also extend to advertising folk medicine methods.
Information on changes: Federal Law No. 200-FZ of July 23, 2013 amended part 4 of Article 24 of this Federal Law. The amendments shall enter into force upon the expiry of 90 days after the day of the official publication of the said Federal Law See the part in the previous wording
4. The provisions of Items 1-8 of Part 1 of the present article also extend to advertisements of medical articles.
5. The provisions of Items 2 and 3 of Part 1 of the present article do not extend to advertisements distributed in places of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, and also in printed publications intended for medical and pharmaceutical personnel, and other advertisements whose consumers are exclusively medical and pharmaceutical personnel.
Information on changes: Federal Law No. 200-FZ of July 23, 2013 amended part 6 of Article 24 of this Federal Law. The amendments shall enter into force upon the expiry of 90 days after the day of the official publication of the said Federal Law
See the part in the previous wording
6. In an advertisement an announcement of properties and characteristics, including the methods of application and use of medicines and medical articles is permitted only to the extent of indications contained in instructions for application and use of such objects of advertising that are approved in the established procedure.
Information on changes: Federal Law No. 317-FZ of November 25, 2013 amended part 7 of Article 24 of this Federal Law. The amendments shall enter into force on January 1, 2014 See the part in the previous wording
7. An advertisement of medicines, medical services, including methods of prophylaxis, diagnosis, treatment and medical rehabilitation and medical articles, shall be accompanied by a warning of the existence of counter-indications for the application and use thereof, the need for familiarisation with application instructions or for seeking advice from specialists. The duration of such a warning shall be at least three seconds in an advertisement distributed in radio programmes, at least five seconds in an advertisement distributed in television programmes and when cinema and video services are provided, with at least seven per cent of the area of frame being occupied by the warning, and at least five per cent of advertising area (advertising space) in an advertisement distributed by other means. The provisions of the present part do not extend to an advertisement distributed in the places of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, and also in specialised printed publications intended for medical and pharmaceutical personnel, and to other advertisements whose consumers are exclusively medical and pharmaceutical personnel.
Information on changes: Federal Law No. 190-FZ of June 28, 2014 amended part 8 of Article 24 of this Federal Law See the part in the previous wording
8. An advertisement of medicines in the forms and doses dispensed on medicinal preparation prescriptions, methods of prophylaxis, diagnosis, treatment and medical rehabilitation, and also of medical articles whose use requires special training is only permitted in the places where medical or pharmaceutical exhibitions, seminars, conferences and other similar events take place, and also in specialised printed publications indented for medical and pharmaceutical personnel.
9. An advertisement of medicines containing the narcotic and psychotropic substances permitted for use and included in a list of the narcotics and psychotropic substances whose circulation is subject to limitations in the Russian Federation and which are subject to control measures established in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation, and a list of the psychotropic substances whose circulation is limited in the Russian Federation and in respect of which some control measures may be lifted in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation is prohibited, except for the advertisement of such medicines in the places where medical and pharmaceutical exhibitions, seminars, conferences and other similar events take place, and in specialised printed publications intended for medical and pharmaceutical personnel.
10. It is prohibited to conduct advertising events accompanied with the handing out of specimens of medicines containing narcotic and psychotropic substances.
11. Abrogated from January 1, 2014. Information on changes: See the text of part 11 of Article 24
12. Abrogated from January 1, 2014. Information on changes: See the text of part 12 of Article 24
Article 25. Advertising Biologically-Active Supplements, Food Supplements and Infant Food
1. An advertisement of biologically-active supplements and food supplements shall not:
1) create the idea that they are medicines and/or possess healing properties;
2) contain a reference to specific cases when people have been cured, when their condition has improved as the result of using such supplements;
3) contain an expression of gratitude by natural persons in connection with the use of such supplements;
4) incite somebody to refuse to practice healthy nutrition;
5) create the impression that such supplements have an advantage by making a reference to the fact of completion of a research that is compulsory for the state registration of the supplements, and also to use the results of other research in the form of a direct recommendation to use the supplements.
Information on changes: Federal Law No. 200-FZ of July 23, 2013 supplemented Article 25 of this Federal Law with part 1.1. The part shall enter into force upon the expiry of 90 days after the day of the official publication of the said Federal Law
1.1. In each case an advertisement of biologically active supplements shall be accompanied with a warning that the object of the advertisement is not a medicine. In this advertisement disseminated in radio broadcasts the duration of such warning shall be at least three seconds, and in an advertisement disseminated in television programmes, in the course of provision of cinema and video services, at least five seconds, and such warning shall occupy at least seven per cent of the fame area, and in an advertisement disseminated otherwise, at least ten per cent of advertisement area (space).
2. An advertisement of infant food items shall neither present them as a wholesome substitute of woman's milk nor contain the assertion that artificial feeding of infants has advantages. An advertisement of food items intended for use as woman's milk substitutes or of food items included in the infant's diet in his/her first year shall contain information on the age limits on the use of such food items and a warning of the need for seeking specialists' advice.
Article 26. Advertising Military-Purpose Products and Weapons
1. It is prohibited to advertise:
1) military-purpose products, except for the advertisement of such products for the purposes of implementing the military-technical cooperation of the Russian Federation with foreign states;
2) the weapons not specified in Parts 3-5 of the present article.
2. The manufacture, placement and distribution of an advertisement of a
military-purpose product for the purposes of implementing the military-technical cooperation of the Russian Federation with foreign states shall be carried out in accordance with the legislation of the Russian Federation on the military-technical cooperation of the Russian Federation.
3. An advertisement of service weapons and ammunitions for them is only permitted in specialised printed publications intended for the users of such weapons, in the places of manufacture, sale and exhibition of such weapons, and also in the places intended for shooting from weapons.
4. An advertisement of combat fire arms, ammunitions for them, steel weapons is permitted in specialised printed publications, in the places of manufacture, sale and exhibition of such weapons, and also in the places designated for shooting from weapons.
5. An advertisement of civil weapons, including self-defence weapons, sport, hunting and signal weapons is permitted only:
1) in the periodical printed publications whose covers and particulars contain information on the specialisation of these publications in announcements and materials of an advertising nature, and also on specialised printed publications intended for the users of civil weapons;
2) in the places of manufacture, sale and exhibition of such weapons, and also in places designated for shooting from weapons;
3) in television and radio programmes from 10 p.m. to 7 a.m. local time.
6. An advertisement of weapons and an advertisement of military purpose products that is distributed in accordance with the legislation of the Russian Federation on the military-technical cooperation of the Russian Federation shall not:
1) directly or indirectly disclose information classified as a state secret, including information concerning manufacturing technology, the methods of combat and other application of the weapons;
2) be addressed to minors;
3) use images of minors.
Information on changes: Federal Law No. 70-FZ of May 13, 2008 amended Article 27 of this Federal Law See the Article in the previous wording
Article 27. Advertising Gambling and Wagers
1. An advertisement of gambling and wagers shall not:
1) be addressed to minors;
2) create the idea that participation in gambling or wagers is a means of obtaining earnings or other income or another way of getting means of subsistence;
3) contain assertions that overstate the probability of getting a prise or understate the degree of risk;
4) contain evidence of receipt of prizes by the persons who are deemed winners in accordance with the terms and conditions of the gambling and wagers but who have not received prizes;
5) contain the assertion that participation in gambling or wages is important for attaining a public recognition, professional, sport or personal success;
6) disapprove of non-participation in gambling and wagers;
7) create the impression that the receipt of prizes is guaranteed;
8) use images of people and animals.
2. An advertisement of gambling and wagers is permitted only:
1) in television and radio programmes from 10 p.m. to 7 a.m. local time;
2) in houses, buildings and structures where such gambling and wagers take place, except for transport infrastructure facilities (railroad terminals, airports, metro stations and other similar installations);
3) in periodical printed publications whose covers and particulars contain information on these publications' specialising in announcements and materials of an advertising nature, and also in periodical printed publications intended for the personnel the organiser of gambling games and/or participants in such games located within the boundaries of gambling zones set up in keeping with Federal Law No. 244-FZ of December 29, 2006 on the State Regulation of the Organisation and holding games of luck and on the introduction of amendments to some legislative acts of the Russian Federation.
3. The requirements of the first and second parts of the present Article shall apply accordingly to the advertisement of the organiser of games of chance, the advertisement of the services attending games of chance and the advertising a gambling house, including the advertising the places of the activity of rendering services attending gambling games. In this case, the requirements of Item 8 in the first part and of Items 1 and 2 in the second part of the present Article shall not apply the advertisement of the organiser of games of chance, the advertisement of the services attending games of luck, the advertisement of a gambling house, including the advertisement of the places of the activity of rendering services attending games of chance, and the advertisement of games of chance disseminated exclusively among the persons to be found within the boundaries of gambling zones set up in accordance with the Federal Law indicated in Item 3 of the second part of the present Article.
Information on changes: Federal Law No. 416-FZ of December 28, 2013 amended Part 4 of Article 27 of this Federal Law. The amendments shall enter into force upon the expiry of 30 days after the day of the official publication of the said Federal Law See the Part in the previous wording
4. The provisions of Item 8 of Part 1 and Part 2 of the present article do not extend to an advertisement of lotteries.
5. An advertisement of gambling or wagers shall contain:
1) a reference to the draws of prizes in the process of holding of the gambling or wagers ;
2) the source of information on the organiser of the gambling or wagers, their rules, the prize pool of the gambling or wagers, the number of prizes or awards, the dates, place and procedure for receiving prizes or awards.
Article 28. Advertising Financial Services
1. An advertisement of banking, insurance and other financial services shall contain the name of the person that is providing the services (name for a legal entity; surname, first name and patronymic for an individual entrepreneur).
2. An advertisement of banking, insurance and other financial services shall not:
1) contain guarantees or promises of a future effective operation (profitability of deposit/investment), including those based on real past indicators if such effectiveness of operation (profitability of deposit/investment) cannot be assessed as of the time of conclusion of a relevant contract;
2) abstain from indicating the other terms and conditions for the provision of the services which affect the amount of income that will be payable to the persons using the
services or the amount of expense to be incurred by the persons using the services if at least one of such terms is announced in the advertisement.
Information on changes: Federal Law No. 375-FZ of December 21, 2013 amended Part 3 of Article 28 of this Federal Law. The amendments shall enter into force upon the expiry of 180 days after the day of the official publication of the said Federal Law See the part in the previous wording
3. If the advertisement of services relating to the provision of a credit or loan, the use and repayment of a credit or loan contains at least one term or condition affecting the value thereof the advertisement shall contain all the other terms and conditions determining and affecting the full value of the credit (loan) to be estimated in compliance with the Federal Law on Consumer Credits (Loans) for the borrower.
4. The advertisement of services relating to asset management, including trust administration of assets (including securities, the investment reserves of joint-stock investment companies, investment trusts, the pension reserves of non-state pension funds, accumulated pension funds, mortgage security, accumulated funds for the provision of housing to military servicemen) shall contain the following:
1) the source of information that has to be disclosed according to a federal law;
2) information on the place or address (phone number) where persons concerned can get acquainted before the conclusion of a relevant contract with the terms and conditions of asset management/administration, receive information on the person that manages/administers assets and other information that has to be provided in accordance with a federal law and other normative legal acts of the Russian Federation.
5. The advertisement of services relating to asset management, including the trust administration of assets, shall not contain:
1) information not supported by documents, if it is directly concerned with the asset management/administration;
Information on changes: Federal Law No. 251-FZ of July 23, 2013 reworded Item 2 of part 5 of Article 28 of this Federal Law. The new wording of the Item shall enter into force on September 1, 2013 See the previous text of the Item
2) information on the results of asset management, including that on their change or comparison in the past and/or present that is not based on calculation of profitability, defined in compliance with regulatory acts of the Central Bank of the Russian Federation;
3) information on the guarantees of reliability of possible investments and the stability of rates/amounts of possible incomes or costs relating to the said investments;
4) information on the possible gains relating to asset management/administration methods and/or with the pursuance of another activity;
5) statements on the possibility of achieving in the future asset management/administration results that will be similar to those already achieved.
6. It is prohibited to perform an advertising relating to the raising of funds of natural persons for the purpose of housing construction, except for an advertisement relating to fund raising under a contract of participation in share construction, advertisement of housing and housing-construction cooperatives, advertisement relating to the raising of, and using by
housing saving cooperatives, funds of natural persons for the purpose of acquiring residential premises.
7. Advertisements relating to the raising of funds of participants in share construction for the purpose of constructing (creating) blocks of flats and/or other immovable property items shall contain information on the place/method where/whereby one can obtain the design declaration envisaged by a federal law.
8. Advertisements concerned with the raising of funds of participants in share construction for the purpose of constructing (creating) a block of flats and/or another immovable property item is not permitted before the issuance in the established procedure of a permit for the construction of the block of flats and/or the other immovable property item, the publication of design declaration in the mass media and/or placement in public information-telecommunication networks (including the Internet), the state registration of right of ownership or right of rent to the land plot allocated for the construction (creation) of the block of flats and/or the other immovable property item in which the share construction items are going to be incorporated.
9. An advertisement concerned with the raising of funds of participants in share construction for the purpose of constructing (creating) a block of flats and/or another immovable property item is not permitted during the term of suspension under a federal law of the developer's activity relating to the raising of funds of participants in share construction for the purpose of constructing (creating) the block of flats and/or the other immovable property item.
10. The provisions of Parts 7-9 of the present article also extend to an advertisement concerned with the assignment of a right of claim under a contract of participation in share construction.
11. An advertisement concerned with the raising and using by a housing saving cooperative of natural persons' funds to acquire new premises shall contain the following:
1) information on the procedure for the members of the housing saving cooperative to cover the losses it incurs;
2) information on including the housing saving cooperative in a register of housing saving cooperatives;
3) the address of the website in a public information telecommunication network (in particular the Internet) used by the housing saving cooperative to disclose information.
12. An advertisement concerned with the raising and using by a housing saving cooperative of natural persons' funds to acquire residential premises is not permitted to guarantee the term for acquisition or completion of construction of residential premises by such a cooperative.
Information on changes: Federal Law No. 375-FZ of December 21, 2013 supplemented Article 28 of this Federal Law with Part 13. The Part shall enter into force upon the expiry of 180 days after the day of the official publication of the said Federal Law
13. It is not allowed to advertise the services involved in granting consumer loans by persons that are not engaged in the professional activity of granting consumer loans in compliance with the Federal Law on Consumer Credit (Loan).
Article 29. Advertising Securities
1. It is prohibited to advertise securities for whose offer to an unlimited group of persons there is no provision in federal laws or other normative legal acts of the Russian
Federation.
2. It is prohibited to advertise property rights not certified with securities under the disguise of an advertisement of securities.
3. An advertisement of securities shall contain information on the persons liable under the securities being advertised.
4. An advertisement of serial securities shall contain the following:
1) the name of the issuer;
2) the source of the information subject to disclosure according to the legislation of the Russian Federation on securities.
5. An advertisement of securities shall not contain:
1) a promise to pay out dividends on shares, and also an income/yield on other securities, except for the income disbursable according to the decision on the issue (supplementary issue) of the serial securities, the rules of trust administration of investment trusts or the rules of trust administration of a mortgage security or according to what is written in securities;
2) forecasts of a growth of the securities value.
6. An advertisement of serial securities is not permitted before the completion of registration of the prospectus thereof, except for cases when under a federal law no registration of a prospectus is required for the public offer of or public trading in the serial securities.
7. An advertisement of saving certificates, investment shares of investment trusts and mortgage certificates of participation are also subject to the provisions of Article 28 of the present Federal Law.
Information on changes: Federal Law No. 218-FZ of July 21, 2014 amended part 8 of Article 29 of this Federal Law See the part in the previous wording
8. It shall be impermissible to advertise exchange bonds before the date of their admission by the exchange to tenders in the process of the placement of exchange bonds. Advertising of exchange bonds placed within the framework of the bonds' programme shall not be allowed pending awarding of an exchange identification number to the bonds' programme.
Article 30. Advertising the Services of Concluding a Contract of Annuity Including a Contract of Life Annuity with Life Estate
1. An advertisement of the services of concluding contracts of annuity, including life annuity with life estate shall not contain:
1) an expression of gratitude by the natural persons who have concluded such contracts;
2) the assertion that the conclusion of such contracts has advantages over the devise of residential premises or other property;
3) disapproval of family members and close relatives of a potential consumer of such services who are allegedly do not take care of the consumer;
4) a reference to gifts for the natural persons who have decided to conclude contracts of annuity with the advertiser or with another person.
2. If the advertiser is a broker for the conclusion of contracts of annuity, including life annuity with life estate an advertisement of the services of concluding such contracts shall
contain a reference to the fact that the payer of annuity under such contract is going to be another person.
Information on changes: Federal Law No. 194-FZ of July 27, 2010 supplemented Chapter 3 of this Federal Law with Article 30.1. The Article shall enter into force from January 1, 2011
Article 30.1. Advertising Mediators' Activities Supporting the Conduct of a Mediation Proceeding
Information on changes: Federal Law No. 185-FZ of July 2, 2013 amended part 1 of Article 30.1 of this Federal Law. The amendments shall enter into force on September 1, 2013 See the previous text of the part
1. It is hereby prohibited to advertise the activities of mediators aimed at supporting the conduct of a mediation proceeding, if such mediators have not undergone training in compliance with an additional vocational programme in the field of mediation and lack documents confirming such training background as issued by a relevant not-for-profit organisation engaged in the training of mediators.
Information on changes: Federal Law No. 185-FZ of July 2, 2013 amended part 2 of Article 30.1 of this Federal Law. The amendments shall enter into force on September 1, 2013 See the previous text of the part
2. An advertisement of mediators' activities aimed at supporting the conduct of a mediation proceeding shall contain information on documents confirming that the mediators have undergone training in compliance with an additional vocational programme in the field of mediation, and an advertisement of the activities of an organisation supporting the conduct of a mediation proceeding shall refer to the source of information on the rules for carrying out the mediation proceeding, the standards and rules of professional activity of the mediators.
3. An advertisement of mediators' activities aimed at supporting the conduct of a mediation proceeding shall not contain the assertion that the application of the mediation proceeding as a means of dispute settlement has an advantage over dispute settlement in a court, an arbitration court or a court of private arbitration.".
Chapter 4. Self-Regulation in the Area of Advertising
Article 31. Self-Regulating Organisations in the Area of Advertising
The following shall be deemed "self-regulating organisation in the area of advertising": an association of advertisers, of the makers of advertisements, of the distributors of advertisements and of other persons that is formed as an association, union or non-commercial partnership for the purposes of representing and protecting the interests of its members, elaborating requirements for the observance of ethical norms in advertising and arranging for monitoring compliance with such norms.
GARANT: As to the self-regulating organisations, see Federal Law No. 315-FZ of December 1, 2007
Article 32. The Rights of a Self-Regulating Organisation in the Area of Advertising
A self-regulating organisation in the area of advertising is entitled to:
1) represent the lawful interests of its members in their relations with federal governmental bodies, governmental bodies of subjects of the Russian Federation, local self-government bodies;
2) take part in the consideration by the anti-monopoly body of cases initiated on the basis of evidence of a breach by members of the self-regulating organisation of the legislation of the Russian Federation on advertising;
Information on changes: Federal Law No. 143-FZ of June 4, 2014 amended Item 3 of Article 32 of this Federal Law. The amendments shall enter into force upon the expiry of 180 days after the date of entry into force of Law of the Russian Federation on the amendment to the Constitution of the Russian Federation No. 2-FKZ of February 5, 2014 See the Item in the previous wording
3) take appeal to the appropriate court from normative legal acts of federal governmental bodies, normative legal acts of governmental bodies of subjects of the Russian Federation, normative legal acts of local self-government bodies;
4) impose the sanctions envisaged by the constitutive and other documents of the self-regulating organisations, including termination of membership in the self-regulating organisation, on members of the self-regulating organisation;
5) elaborate, establish and publish rules of professional activity in advertising that will be binding on all members of the self-regulating organisation;
6) monitor the professional activities of members of the self-regulating organisation in as much as the observance of provisions of the present Federal Law and the rules of professional activity, including professional ethical standards, in advertising is concerned;
7) consider complaints against actions of a member of the self-regulating organisation;
8) elaborate and establish requirements applicable to persons wishing to become members of the self-regulating organisation;
9) select, process and store the information on the activities of members of the self-regulating organisation to be disclosed in the form of reports in the procedure and at the intervals established by the constitutive and other documents of the self-regulating organisation;
10) keep a register of the persons being members of the self-regulating organisation.
Information on changes: Federal Law No. 242-FZ of July 18, 2011 amended the title of Chapter 5 of this Federal Law. The amendments shall enter into force from August 1, 2011 See the title in the previous wording
Chapter 5. State Supervision in the Area of Advertising. Accountability for Breaches of the Legislation of the Russian Federation on Advertising
Information on changes:
Federal Law No. 242-FZ of July 18, 2011 amended Article 33 of this Federal Law. The amendments shall enter into force from August 1, 2011 See the Article in the previous wording
Article 33. The Powers of the Anti-Monopoly Body to Exercise State Supervision in the Area of Advertising
1. The anti-monopoly body shall exercise state supervision -- within the scope of its powers -- over the observance of the legislation of the Russian Federation in the area of advertising, including the following:
1) preventing, detecting and stopping a breach of the legislation of the Russian Federation on advertising by natural persons and legal entities;
2) bringing action and considering cases on evidence of a breach of the legislation of the Russian Federation on advertising.
2. The anti-monopoly body is entitled to:
1) issue orders for stopping a breach of the legislation of the Russian Federation on advertising to advertisers, the makers of advertisements, the distributors of advertisements which are binding on them;
2) issue orders to federal executive governmental bodies, executive governmental bodies of subjects of the Russian Federation, local selfgovernment bodies for repealing or amending acts they have adopted as inconsistent with the legislation of the Russian Federation on advertising;
3) file complaints with the court or arbitration court claiming a ban on the distribution of advertising performed in breach of the legislation of the Russian Federation on advertising;
4) file complaints with the court or arbitration court claiming a public refutation of an untrue advertisement (complaints concerning counter-advertisement) in the case envisaged by Part 3 of Article 38 of the present Federal Law;
5) file applications with the arbitration court claiming that the following be deemed invalid in full or in the part that is inconsistent with the legislation of the Russian Federation on advertising: non-normative acts of federal governmental bodies of subjects of the Russian Federation, non-normative acts of local self-government bodies;
Information on changes: Federal Law No. 143-FZ of June 4, 2014 amended Item 6 of part 2 Article 33 of this Federal Law. The amendments shall enter into force upon the expiry of 180 days after the date of entry into force of Law of the Russian Federation on the amendment to the Constitution of the Russian Federation No. 2-FKZ of February 5, 2014 See the Item in the previous wording
6) file applications with the appropriate court claiming the following be deemed ineffective in full or in the part that is inconsistent with the legislation of the Russian Federation on advertising: normative legal acts of federal executive governmental bodies, normative legal acts of executive governmental bodies of subjects of the Russian Federation, normative legal acts of local self-government bodies;
7) impose sanctions in accordance with the legislation of the Russian Federation on administrative offences;
8) file applications with the arbitration court claiming that the following be deemed invalid: a permit for erection of an advertising structure in the case specified in Item 1 of Part 20 of Article 19 of the present Federal Law;
9) issue to the bodies of local self-government of a municipal district or to the bodies of
local self-government of a town district, orders, obligatory for execution, on the annulment of a permit for installing an advertising structure.
10) Abrogated. Information on changes: See the Item 10 of part 2 of Article 33
11) organise and hold inspections as to the satisfaction of the requirements of the legislation of the Russian Federation on advertising by state power bodies, local authorities, advertisers, makers of advertising and advertising disseminators (hereinafter referred to as legal entities and individual businessmen).
3. Officials of the antimonopoly body exercising state supervision over advertising are entitled in compliance with the authority imposed upon them to visit freely after producing the official identification card and a copy of an order (direction) of the head (deputy head) of the antimonopoly body to hold an inspection of the buildings and premises used by legal entities and individual businessmen for the purpose of exercising control activities, obtaining of the documents and information which are required during holding an inspection.
Article 34. Furnishing Information to the Anti-Monopoly Body
Information on changes: Federal Law No. 242-FZ of July 18, 2011 reworded part 1 of Article 34 of this Federal Law. The new wording of the part shall enter into force from August 1, 2011 See the part in the previous wording
1. Legal entities and individual businessmen are obliged to present to the antimonopoly body (to officials thereof) on the basis of its reasoned request in due time the required documents, materials, explanations and information in writing and/or in oral form (including data constituting commercial, official and other secrets protected by law), including official correspondence in electronic form, as well as to provide to authorized officials of the antimonopoly body access to such information.
2. Non-compliance with the provisions of Part 1 of the present article shall cause the accountability of persons at fault under the legislation of the Russian Federation on administrative offences.
Article 35. The Duties of the Anti-Monopoly Body in the Observance of Commercial, Service and Other Law-Protected Secrets
1. An information deemed commercial, service or other law-protected secrets which is received by the anti-monopoly body as it exercises its powers shall not be disclosed, except for the cases specified by a federal law.
2. The disclosure by employees of the anti-monopoly body of information deemed commercial, service and other law-protected secrets shall cause accountability under the legislation of the Russian Federation on administrative offences or under the criminal legislation of the Russian Federation. The losses incurred due to such a disclosure shall be subject to compensation in accordance with the civil legislation.
Information on changes: Federal Law No. 242-FZ of July 18, 2011 supplemented this Federal Law with Article 35.1. The new Article shall enter into force from August 1, 2011
Article 35.1. Organising and Holding Inspections in Respect of Advertising
1. State supervision in respect of advertising shall be exercised in the procedure established by the Government of the Russian Federation.
2. The provisions of Federal Law No. 294-FZ of December 26, 2008 on the Protection of Legal Entities' and Individual Entrepreneurs' Rights in the Course of State Control (Supervision) and Municipal Control shall apply to the relations connected with organisation and holding of inspections of legal entities and individual businessmen when exercising state supervision in respect of advertising, subject to the specifics of organising and holding inspections established by Parts 3 to 6 of this article.
3. The object of an inspection shall be seen as satisfaction by legal entities and individual businessmen of 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) while exercising activities in the advertising area.
4. The following shall be deemed the ground for holding an extraordinary visiting inspection:
1) expiry of the time period for the execution by a legal entity or an individual businessmen of an order to eliminate the discovered failure to satisfy obligatory requirements issued by the antimonopoly body;
2) receiving by the antimonopoly body appeals and applications of citizens, including individual businessmen, and of legal entities, information from state power bodies, officials of the antimonopoly body, local authorities, from mass media about failures to satisfy mandatory requirements;
3) detecting violations as result of monitoring the satisfaction of mandatory requirements by officials of the antimonopoly body;
4) availability of an order (direction) of the head (deputy head) of the antimonopoly body to hold an extraordinary inspection issued in compliance with the instructions of the President of the Russian Federation or the Government of the Russian Federation or on the basis of a public prosecutor's demand to hold an extraordinary inspection within the framework of supervision over the observance of laws on the basis of the materials and applications received by bodies of the prosecutor's office.
5. The deadline for holding an inspection may not exceed twenty working days. On exceptional occasions connected with a need for holding complicated and/or prolonged special expert examinations and investigations on the basis of reasoned proposals of the officials of the state control body engaged in holding an inspection the deadline for its holding may be extended by the head of the antimonopoly body, but at most by ten working days.
6. It is not allowed to notify a legal entity or individual businessman in advance of an extraordinary visiting inspection for the reason cited in Item 2 or 3 of Part Four of this article.
Article 36. Decisions and Orders of the Anti-Monopoly Body According to the Results of Examination of Cases when Action Is Brought on Evidence of a Breach of the Legislation of the Russian Federation on Advertising
1. Within the scope of its powers the anti-monopoly body shall bring action and consider cases on evidence of a breach of the legislation of the Russian Federation on advertising, take decisions on the results of examination of such cases and issue the orders envisaged by the present Federal Law. GARANT: See Administrative Regulations of the Federal Anti-Monopoly Service on Fulfilment of the State Function for Consideration of Cases Instituted by Signs of Violating the Legislation of the Russian Federation on Advertising approved by Order of the Federal Anti-Monopoly
Service No. 711/12 of November 23, 2012
2. On its own initiative, on a presentation of a prosecutor, on applications of governmental bodies or local self-government bodies, and also on applications of natural persons or legal entities the antimonopoly body shall bring action on evidence of a breach of the legislation of the Russian Federation on advertising.
3. An order for stopping a breach of the legislation of the Russian Federation on advertising shall be issued on the basis of a decision of the anti-monopoly body on deeming an advertisement unsuitable and it shall contain a direction for stopping the distribution thereof.
4. An order for stopping a breach of the legislation of the Russian Federation on advertising shall be implemented within the term specified in the order. Such a term shall not be less than five days after the receipt of the order.
5. An order for stopping a breach of the legislation of the Russian Federation on advertising shall be deemed defaulted upon if after the expiry of the term for implementation thereof the distribution of the unsuitable advertisement has been continued.
6. An order for repealing or amending an act of a federal executive governmental body, an act of an executive governmental body of a subject of the Russian Federation or an act of a local self-government body that is inconsistent with the legislation of the Russian Federation on advertising shall be issued on the basis of a decision of the antimonopoly body on such act being inconsistent with the legislation of the Russian Federation on advertising. The order for repealing or amending an act of a federal executive governmental body, an act of an executive governmental body of a subject of the Russian Federation or an act of a local self-government body that is inconsistent with the legislation of the Russian Federation on advertising shall contain an indication of the amendments which have to be made to such act so as to bring it in line with the legislation of the Russian Federation on advertising.
7. An order for repealing or amending an act of a federal executive governmental body, an act of an executive governmental body of a subject of the Russian Federation or an act of a local self-government body that is inconsistent with the legislation of the Russian Federation on advertising shall be implemented within the term specified in the order. Such a term shall not be less than one month after the receipt of the order by the federal executive governmental body, the executive governmental body of the subject of the Russian Federation or the local self-government body.
8. A default on implementing orders of the anti-monopoly body issued under the present Federal Law shall cause accountability under the legislation of the Russian Federation on administrative offences.
9. When action is brought on evidence of a breach of the legislation of the Russian Federation on advertising cases shall be considered by the anti-monopoly body in the procedure established by the Government of the Russian Federation.
10. Abrogated. Information on changes: See the part 10 of Article 36
Article 37. Disputing Decisions and Orders of the Anti-Monopoly Body
1. A decision or order of the anti-monopoly body may be disputed in the court or arbitration court within three months after the date of the decision, of the issuance of the order.
2. The filing of an application claiming that a decision or order of the anti-monopoly body be deemed invalid shall not cause the suspension of the decision or order unless a
ruling for suspending the performance of the decision or order is turned out by the court or arbitration court.
3. A decision of the anti-monopoly body on imposing administrative sanctions for a breach of the legislation of the Russian Federation on advertising may be appealed against, disputed in the procedure established by the legislation of the Russian Federation.
Article 38. Accountability for a Breach of the Legislation of the Russian Federation on Advertising
1. A breach by natural persons or legal entities of the legislation of the Russian Federation on advertising shall cause accountability under the civil legislation.
2. The persons whose rights and interests have been infringed upon as a result of distribution of an unsuitable advertisement are entitled to apply to the court or arbitration court in the established procedure, in particular, to claim compensation for damages, including missed profit, compensation for harm inflicted to the health of natural persons and/or to property of natural persons or legal entities, for compensation for moral harm, or public refutation of untrue advertisement (counter-advertisement).
3. If the anti-monopoly body establishes the fact that an untrue advertisement is distributed and issues a relevant order, the antimonopoly body is entitled to file a complaint with the court or arbitration court claiming that the advertiser make a public refutation of the untrue advertisement (counter-advertisement) on the advertiser's account. In this case the court or arbitration court shall determine the form of, place and term for the placement of such a refutation.
4. A breach of the legislation of the Russian Federation on advertising by advertisers, the makers of advertisements and the distributors of advertisements shall cause accountability under the legislation of the Russian Federation on administrative offences.
5. Other measures of accountability may be established by federal laws for a deliberate violation of the legislation of the Russian Federation on advertising.
Information on changes: Federal Law No. 274-FZ of October 21, 2013 amended part 6 of Article 38 of this Federal Law. The amendments shall enter into force on November 15, 2013 See the part in the previous wording
6. An advertiser shall be accountable for a breach of the requirements established by Parts 2-8 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, 3and 5 of Article 21, Articles 24 and 25, Parts 1 and 6 of Article 26, Parts 1 and 5 of Article 27, Articles 28-30.1 of the present Federal Law.
Information on changes: Federal Law No. 375-FZ of December 21, 2013 amended Part 7 of Article 38 of this Federal Law. The amendments shall enter into force upon the expiry of 180 days after the day of the official publication of the said Federal Law See the part in the previous wording
7. A distributer of advertisements is accountable for the breach of the requirements established by Item 3 of Part 4, Item 6 of Part 5, Parts 9, 10, 10.1 and 10.2 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 the present Federal Law.
8. An advertiser shall be accountable for a breach of the requirements set out in Parts 6 and 7 of the present article if it is proven that the breach has taken place through the advertiser's fault.
9. The amounts of fines for a breach of the legislation of the Russian Federation on advertising and for a default on the performance of orders of the anti-monopoly body shall be entered in the budgets of the budget system of the Russian Federation in the following manner:
1) 40 per cent to the federal budget;
2) 60 per cent to the budget of the subject of the Russian Federation on whose territory the legal entity or the individual entrepreneurs responsible for the breach of the legislation of the Russian Federation on advertising is registered.
10. The payment of a fine shall not exempt someone from the duty to perform an order for stopping breaches of the legislation of the Russian Federation on advertising.
Chapter 6. Conclusive Provisions
Article 39. The Entry into Force of the Present Federal Law
1. The present Federal Law shall enter into force as of July 1, 2006, except for Part 3 of Article 14, Part 2 of Article 20 and Item 4 of Part 2 of Article 23 of the present Federal Law.
2. Part 2 of Article 20 and Item 4 of Part 2 of Article 23 of the present Federal Law shall enter into force as of January 1, 2007.
3. Part 3 of Article 14 of the present Federal Law shall enter into force as of January 1, 2008.
4. It is hereby established that during the period from July 1, 2006 through January 1, 2008 the total duration of advertisements distributed in a television programme (including such an advertisement as a television shop), the interruption of a television programme by advertisements (including sponsor advertisements) and combination of advertisements with a television programme by means of "running tape" or otherwise by superimposing advertisements on the frame of a television programme being broadcast shall not exceed 20 per cent of broadcasting time in an hour and 15 per cent of broadcasting time in 24 hours.
Article 40. Regulating Relations in the Area of Advertising from the Date of Entry into Force of the Present Federal Law
1. The following shall be deemed no longer effective from the date of entry into force of the present Federal Law:
1) Federal Law No. 108-FZ of July 18, 1995 on Advertising (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 2864, No. 30, 1995);
2) Item 3 of Article 1 of Federal Law No. 76-FZ of June 18, 2001 on Amending Some Legislative Acts of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 2580, No. 26, 2001);
3) Federal Law No. 162-FZ of December 14, 2001 on Amending Article 11 of the Federal Law on Advertising (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 4827, No. 51, 2001);
4) Paragraphs 23 and 24 of Article 3 of Federal Law No. 196-FZ of December 30, 2001 on Putting into Force the Code of Administrative Offences of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 2, No. 1, 2002);
5) Federal Law No. 115-FZ of August 20, 2004 on Amending Article 16 of the Federal Law on Advertising (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3530, No. 34, 2004);
6) Article 55 of Federal Law No. 122-FZ of August 22, 2004 on Amending Legislative Acts of the Russian Federation and Deeming No Longer Effective Some Legislative Acts of the Russian Federation in Connection with the Enactment of the Federal Laws on Amending the Federal Law on the General Principles of Organisation of the Legislative (Representative) and Executive Governmental Bodies of Subjects of the Russian Federation and on the General Principles of Organisation of Local Self-Government in the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3607, No. 35, 2004);
7) Article 11 of Federal Law No. 127-FZ of November 2, 2004 on Amending Parts 1 and 2 of the Tax Code of the Russian Federation and Some Other Legislative Acts of the Russian Federation and Also on Deeming No Longer Effective Some Legislative Acts (Provisions of Legislative Acts) of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 4377, No. 45, 2004);
8) Article 1 of Federal Law No. 113-FZ of July 21, 2005 on Amending the Federal Law on Advertising and article 14.3 of the Code of Administrative Offences of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 3124, No. 30, 2005).
2. Until the time when the laws and other normative legal acts of the Russian Federation which are effective on the territory of the Russian Federation and regulate relations in the area of advertising are brought in line with the present Federal Law, the said laws and other normative legal acts shall be applicable in as much as they are consistent with the present Federal Law.
Information on changes: Federal Law No. 310-FZ of December 1, 2007 supplemented Article 40 of this Federal Law with Part 3
3. The specifics of advertisement positioning (distribution) within the period of holding the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the town of Sochi shall be determined by the Federal Law on the Organisation and Holding of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the Town of Sochi, on the Development of the Town of Sochi as a Mountain Climate Health Resort and on Amending Certain Legislative Acts of the Russian Federation.
Information on changes: Federal Law No. 243-FZ of September 28, 2010 supplemented Article 40 of this Federal Law with Part 4
4. The specifics of advertisement positioning (distribution) on the territory of the Skolkovo innovation centre is established by the Federal Law on the Skolkovo Innovation Centre.
Information on changes: Federal Law No. 56-FZ of April 5, 2011 supplemented Article 40 of this Federal Law with part 5
5. The specifics of placing and distributing advertising in the territory of the Vladivostok
urban circuit during the period of arranging the 2012 meeting of the heads of states and governments of member states of the Asia-Pacific Economic Co-Operation Forum in the city of Vladivostok shall be determined by Federal Law No. 93-FZ of May 8, 2009 on Organising the 2012 Meeting of Heads of States and Governments of the Member States of the Asia-Pacific Economic Co-Operation Forum, Developing the City of Vladivostok as an International Co-Operation Centre in the Asia-Pacific Region and Amending Certain Legislative Acts of the Russian Federation.
Information on changes: Federal Law No. 108-FZ of June 7, 2013 supplemented Article 40 of this Federal Law with part 6
6. The requirements for advertising, the specifics of its placing and disseminating within the period of preparing and holding in the Russian Federation the FIFA World Football Championship and the 2017 Cup of FIFA Confederations shall be established by the Federal Law on Preparing and Holding in the Russian Federation the FIFA World Football Championship, the 2017 Cup of FIFA Confederations, as Well as on Amending Certain Legislative Acts of the Russian Federation.
President of the Russian Federation
V. Putin
The Kremlin, Moscow

Federal Law No. 38-FZ On Advertising (as amended in 2014)
(PDF, 447.904 Kb)

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