Public organization in the field of advertising. Self-regulation of advertising in Russia. Questions and tasks

9.1. Concept and meaning

Seventy years of total experience state regulation economic and social life in our country showed the inefficiency of managing economic processes and the impossibility of creating an expedient and operational system of regulation in the sectors of the economy under the conditions of a totalitarian state. Meanwhile, in developed countries, issues of economic regulation are quite successfully resolved by the professional community, which allows not only to optimize the system of regulatory regulation in each sector of the economy, but also to ensure effective control over compliance with the adopted rules, as well as effective measures to influence violators.

When moving to market economy In Russia, the task was to develop self-regulation, to carry out an administrative reform that would allow transferring part of the management and control functions from the hands of officials to the hands of the professional community - the so-called self-regulatory organizations.

Advertising is a sphere that actively influences social creation and business processes. Therefore, the development of self-regulation here is the most urgent task, especially in connection with the inefficiency and irrationality of comprehensive state regulation and control.

The European Advertising Standards Alliance (EASA - Cross-Border Claimplaints System) reveals the essence and goals of self-regulation in advertising in this way: “The principles of self-regulation are always the same: advertising must be legal, decent, honest and truthful, made with a sense of civic responsibility to consumer and society, and with due respect for the rules of fair competition. This is achieved through the rules and principles of best advertising practice that the advertising industry voluntarily commits itself to. The rules are enforced by self-regulatory organizations established for this purpose and founded by the advertising industry itself. The goal is to ensure high standards in advertising, trust and consumer confidence for the benefit of all who are interested in it.

1) ensures the establishment of informal and necessary rules of conduct for subjects of the advertising market;

2) replaces state regulation economic processes in those areas where state regulation has shown its inefficiency and inexpediency;

4) contributes to the improvement of the current legislation in the field of advertising.

Self-regulation is a necessary element of a developed civil society, part of the mechanisms of non-state regulation of public life.

In project federal law No. 348631-3 “On Self-Regulatory Organizations”, self-regulation is defined as an independent and initiative activity of business or professional activity, the content of which is the development and establishment of rules and standards for entrepreneurial or professional activities, monitoring their observance.

The main element of the self-regulation system is the so-called self-regulatory organizations, which in the draft law are designated as “non-state non-profit organizations created for the purpose of self-regulation on the terms of participation (membership), uniting business entities on the basis of the unity of the industry or market of goods (works, services) produced or uniting subjects of the same type of professional activity.

The need to develop self-regulation in advertising is associated with the following shortcomings of the current system of state regulation:

Inefficiency legal regulation some relations in the field of advertising (for example, the issue of ethical or unethical advertising);

The possibility of using the letter of the law in contradiction with its spirit (for the purpose of unfair competition, deceiving consumers, etc.). An example would be advertisements for manufacturing plants. alcoholic products, advertising mineral water copying the design of the alcoholic beverage of the same name using a common trademark, with an almost complete legislative ban on advertising strong alcoholic products;

The duration of the procedure for the adoption of new legislation and the resulting backlog of legal regulation from the actual advertising practice (the issue of adoption new edition The law on advertising was put in Russia in the summer of 2003, the discussion of the draft law lasted almost three years).

The impossibility at the legislative level to regulate all the necessary and constantly changing aspects promotional activities(the current legislation of Russia did not regulate advertising of shares and financial services, which led to massive deception of the population in the mid-90s of the twentieth century; at present, it is necessary to strictly regulate advertising using Email, mobile phones stimulating measures, but until 2006 there were no relevant norms in the law).

In connection with the stated shortcomings of state regulation, the self-regulation system shows clear advantages:

Speed, flexibility, efficiency of regulation;

Low costs;

Relevance and low formalization of the applied rules;

Influence on aspects of advertising activity not regulated by the state (language, taste, ethics);

Thus, the system of self-regulation in various sectors of the economy is designed to become an essential element of business regulation and replace inefficient mechanisms of state regulation. Self-regulation is able to solve the problems of not only effective non-state regulation, but also the improvement of legislation, promote the development of the economy and ensure the interests of all market entities, including consumers.

An important role in the development of a civilized advertising market is played by self-regulation. It involves the voluntary control of subjects of advertising over compliance with the rules of conduct in the advertising market, based not only on the force of law, but also on the rules established by the business community itself.

The interpretation of the concept of "self-regulation in the field of advertising" in Russia was given at a meeting of the Public Council of the Russian Federation on Advertising on November 15, 1996, at which the question of the state and prospects of self-regulation of advertising in Russia was considered. “Advertising self-regulation,” the Board said in a press release about this meeting, “is the interaction of the main participants in the advertising process - advertisers, advertisers and the media - with the aim of developing a common “rules of the game”, condemning bad business practices and effectively interacting with members of the public. consumers, public authorities. Self-regulation allows you to decide contentious issues out of court, creates a climate of trust and openness that is beneficial to both the advertising community and consumers.” Self-regulatory mechanisms are based on agreed ethical standards, exemplified by the International Advertising Code. Advertising self-regulation is one way to improve quality advertising products and elimination of bad advertising.

1. Self-discipline. Standards are developed, used and implemented by the company itself. For example, a number of manufacturers (Colgate-Palmolive, General Foods, AT&T) have developed their own codes of conduct and ad acceptance criteria.
2. Pure self-regulation. It consists in the fact that the standards are developed, used and enforced by organizations in the advertising industry. In the US, this self-regulation is carried out by the so-called National Advertising Review Board (CNAD). This Council may insist on the voluntary removal of advertising that professionals consider misleading. The working bodies of the Council are the National Advertising Division (NAD) and the National Advertising Review Board (NARB).
3. Cooperative self-regulation. It consists in the fact that the industry involves outside people (government representatives, independent public organizations, professionals and consumers) to develop, apply and enforce standards. This type of self-regulation in the United States is carried out through the American Association of Advertising Agencies (AAAA), as well as the Association of Home Advertisers and the American Advertising Federation. AAAA may deny membership to advertising agencies that violate the ethical standards set out in the AAAA Code of Conduct and Creative Code.

4. Contractual self-regulation. Occurs when the industry voluntarily negotiates the development, use and enforcement of regulations with some third party organizations (for example, with a consumer association). This type of self-regulation is usually carried out at the initiative of specific advertisers with various organizations on whose opinion success depends marketing policy.

Self-regulation has several advantages over legislative regulation, since it is able to respond faster and more mobile, at the lowest cost, to the needs of consumers and subjects of advertising; it is less formalized (the actions of specific firms can be evaluated from the position common sense, and not just formal rules); self-regulation rules come from the needs of real life. Self-regulation rules are not legal norms, therefore, they are binding only for those who have joined them.

The main principles of self-regulation are as follows.

1. Advertisements must be legal, decent, honest and authentic.
2. Advertising must be developed with a high degree of responsibility to society and comply with the principles of fair competition generally accepted in commercial activities.
3. No advertising should discredit advertising activities in the eyes of society.

It is now generally accepted that self-regulation is most effective within the framework of established legislation. Article 32 of the Law "On Advertising" assigns to self-regulatory bodies ( public organizations(associations), associations and unions legal entities) in the field of advertising the following rights:

represent the legitimate interests of members self-regulatory organization in their relations with federal government bodies, government bodies of subjects Russian Federation, local governments;
participate in the consideration by the antimonopoly body of cases initiated on the grounds of violation by members of the self-regulatory organization of the legislation of the Russian Federation on advertising;
appeal to court of Arbitration normative legal acts of federal state authorities, normative legal acts of state authorities of the constituent entities of the Russian Federation, normative legal acts of local governments;
apply to the members of the self-regulatory organization the measures of responsibility provided for by the constituent and other documents of the self-regulatory organization, including exclusion from the members of the self-regulatory organization;
develop, establish and publish rules of professional activity in the field of advertising that are binding on all members of the self-regulatory organization;
exercise control over the professional activities of members of a self-regulatory organization in terms of compliance with the requirements of this Federal Law and the rules of professional activity in the field of advertising, including the requirements professional ethics;
consider complaints against the actions of a member of a self-regulatory organization;
develop and establish requirements for persons wishing to join a self-regulatory organization;
collect, process and store information about the activities of the members of the self-regulatory organization, the disclosure of which is carried out in the form of reports in the manner and with the frequency established by the constituent and other documents of the self-regulatory organization;
maintain a register of persons who are members of a self-regulatory organization.

Thus, advertising self-regulatory bodies are an additional element in the system of state control over compliance with advertising legislation. They are recognized as advisory and monitoring functions, i.e. those that require the most material costs.

In Russia, there are a number of organizations, one way or another connected with the development advertising business and self-regulation of advertising. These are the Association of Communication Agencies of Russia, RACAR (formerly the Russian Association of Advertising Agencies, PAPA), the National Advertising Association, the Advertising Committee of the Chamber of Commerce and Industry, the Public Relations Association, the Advertising Producers Support Fund and a number of others. For most of them, the ethical self-regulation of advertising is only a side activity, since they are mainly engaged in the development advertising industry as such. Since 1995, a special organization has also been operating, aimed specifically at self-regulation in the advertising field - the Advertising Council of Russia, PCR (until 1999 - the Public Council for Advertising).

The Advertising Council of Russia is a public association whose members - individuals and legal entities (public associations) - carry out their activities in the production and distribution of advertising, consumer protection, social and cultural sphere. The main tasks of the RSR include:

1) organization of interaction between advertisers, manufacturers, distributors and consumers of advertising products, as well as government agencies; prevention and assistance in resolving disputes and conflicts in the advertising field;
2) development and implementation of a system of measures aimed at creating conditions for the development of mechanisms for self-regulation of advertising activities, the formation of civilized norms and rules of conduct in the advertising market;
3) promoting the creation of legal conditions that ensure the harmonious interaction of the interests of customers, producers, distributors and consumers of advertising;
4) creation of conditions for professional communication and discussion of joint programs of activities of members of the Council, other interested organizations;
5) development of professional relations with creative unions, public organizations in Russia and abroad;
6) organizing and holding events (conferences, symposiums, seminars, competitions, etc.) aimed at highlighting the activities of the advertising business, supporting fair competition, creativity in advertising;
7) assistance in the training of highly professional personnel for the advertising business, protection of copyrights and interests of members of the Council;
8) conducting an independent examination of advertising products.

The RUR structure has a Committee for the consideration of applications and the practice of applying self-regulation and legislation and for the development ethical standards(standards) of advertising activities.

Thus, the main functions of the Committee for the Consideration of Appeals and the Practice of Application of Self-Regulation and Legislation are:

consideration of appeals and applications of legal and individuals and assessment of their legitimacy and compliance with federal advertising legislation;
development of recommendations for resolving specific contentious issues;
identification of facts of non-compliance with self-regulation and legislation;
independent examination of advertising in order to determine its compliance with ethical standards and legal requirements;
organization of events on the practice of applying the norms and standards of advertising self-regulation;
establishing professional relations with the media, associations of advertisers, advertising agencies, consumer societies in Russia and abroad.

The functions of the Committee for the development of ethical norms (standards) for advertising activities include:

development of requirements in the field of ethics and standards of advertising;
examination of advertising messages;
development and direction of recommendations to the subjects of advertising activities;
organizing and holding events related to the ethics and standards of advertising.

One of the main conditions for the effectiveness of the self-regulation system is the development of certain ethical codes of advertising. Among them, the International Chamber of Commerce (ICC) International Advertising Code, the European Advertising Standards Alliance (EASA) Self-Regulation Guidelines, and the Russian Advertising Code should be noted.

As early as the beginning of the 20th century. due to the rapid development of the industry, foreign economic relations, international trade and advertising, it became necessary to formulate certain uniform principles of advertising practice. Through the combined efforts of entrepreneurs from various countries in 1937, the International Code of Advertising Practice (later - activities) was adopted, which was subsequently revised and supplemented several times.

The International Chamber of Commerce views the Code primarily as a tool for self-discipline, but it is also intended to be used in judicial practice as a reference. The Code is not a document on the basis of which it would be possible to take any legal measures in relation to its violators. It does not have the force of law and acts as a kind of code of honor for the advertiser. Its main goal is to highlight the basic principles and norms of advertising activities. The International Advertising Code is a kind of set of rules, customs and ethical standards, which signatory participants in the advertising market voluntarily undertake to follow.

The Code applies to all advertising content, including all words and numbers (written and spoken), images, music and sound effects. The Code gives the following definitions of the basic concepts of advertising.

The term "advertising" should be interpreted in its broadest sense, including any form of advertising of goods and services, regardless of the advertising medium used and advertising statements on packaging, labels and in materials at the point of sale.
The term "product" also includes services.
The term "consumer" means the person to whom an advertisement is addressed or may be reached, whether it is an end consumer, trader or user.

The main principles of the ICC Code are that any advertising message must be legally perfect, decent, honest and truthful, created with a sense of responsibility to society and meet the principles of fair competition.

The principle establishing that any advertising should be developed with a high degree of responsibility to society and comply with the principles of fair competition generally accepted in commercial activities is reflected in the prohibition of statements, images that discredit honor, dignity and business reputation competitors.

Let's dwell on some of the rules set forth in the Code. Advertisements must not contain statements or images that violate generally accepted standards of decency. It is impossible to play on the feeling of fear, superstitions and prejudices without justified reasons. Advertisements must not contain anything that could provoke acts of violence and must not support discrimination based on race, religion or gender.

Advertising also should not abuse the consumer's trust and lack of experience or knowledge: it is not allowed to mislead consumers about the advertised product by abusing the trust of individuals or their lack of experience and knowledge. It must not contain statements or images which, directly or indirectly, intentionally or accidentally, through silence, ambiguity or exaggeration, may mislead the consumer, in particular with regard to characteristics such as:

nature, grade, composition, method and date of manufacture, suitability for use, range of use, quantity, manufacturer and country of manufacture;
the value of the product and the price actually paid;
other payment terms such as installment sales, long-term leases, installment payments and credit sales;
delivery, exchange, return, repair and maintenance;
warranty conditions;
copyrights and industrial property rights such as patents, trademarks, designs and models, trade names;
official recognition or approval, awarding of medals, prizes and diplomas;
the size of the benefits in case of participation in charitable events.

In addition, advertisements must not misuse research results or extracts from technical and scientific publications. Nor should statistics be presented as having more significance than they actually do. Incorrect use of scientific terms is not allowed; professional jargon and irrelevant information of a scientific nature intended to give the appearance of scientific validity to the statements, which they do not actually possess, is not allowed. If the Russian participants in the advertising process follow these rules, then we can safely say that there will be no claims against them even from self-regulatory organizations.

An interesting rule is that advertisements should not contain evidence or references to it, unless the evidence is genuine and based on the experience of the person giving it. Also, evidence or references that are outdated or no longer applicable for other reasons should not be used. Based Russian experience, we know that in many television commercials not real, say, housewives advertising their favorite brand of washing powder, but actors are being filmed. It turns out that the testimonies of the fictitious "Aunt Asya" violate at least ethical standards.

Direct or indirect defamation of any firm, industrial or commercial activity(profession) and for any product. An attempt to cause contempt or ridicule is also considered slander.

Advertising may not contain images of any persons (or references to them), both private and holding any position, without obtaining their prior consent to do so. Advertisements must also not, without prior permission, depict (or refer to) any person's property in a way that might give the impression that that person is acknowledging the content of the advertisement.

Among other things, the rules of the Code state that advertising must not imitate the general composition, text, slogans, video sequence, music, sound effects and other elements of competitors' advertising in such a way that it can mislead the consumer and be mistaken for other advertising. As highlighted in the document, if organized by an international advertiser in one or more countries advertising campaign, which has characteristic distinctive features, other advertisers should not unreasonably imitate this campaign in other countries where this advertiser operates.

Several rules of the Code deal with advertising that affects children and young people. The advertising safety requirements state that special care must be taken in advertising directed at or depicting children and young people. An article titled "Children and Youth" found that advertising should not abuse children's gullibility or lack of experience in young people, nor abuse their sense of duty. Advertising intended for or likely to influence children and young people must not contain any statements or images that could harm them physically or morally. It is not allowed to use textual, visual or sound images of minors in advertising that is not directly related to goods for minors.

In conclusion, I would like to note that no advertising message should undermine public confidence in advertising, i.e. discredit advertising activities in the eyes of society.

Romanov L.A., Kaptyukhin R.V. Legal regulation and management of advertising activities. M.: Publishing House of Moscow state university economics, statistics and informatics, 2007, pp. 9-10.
Romanov L.L., Kaptyukhin R.V. Decree. op. pp. 8-9.

Chapter 4 of the Law on Advertising provides for the creation of an SRO in the field of advertising. Self-regulatory organizations in the field of advertising associations of advertisers, advertising producers, advertising distributors and other persons created in the form of an association, union or non-profit partnership in order to represent and protect the interests of their members, develop requirements for compliance with ethical standards in advertising and ensure control over their implementation are recognized.

As can be seen from the definition, SROs in the field of advertising unite advertisers, advertising producers, advertising distributors and other persons. An open list of SRO members in the field of advertising (as evidenced by the wording "other persons") allows us to say that these can be as persons carrying out entrepreneurial activity, and individuals engaged in professional activities 1 .

Recall: membership of subjects of entrepreneurial or professional activity in the SRO is voluntary. However, federal laws may provide for cases of mandatory membership in an SRO. Membership in the SRO in the field of advertising is voluntary. Because of this, there are currently two main approaches - state and public regulation of the advertising market.

State regulation is the main tool in the advertising market, it provides the rules for interaction between its participants using a system of legal and organizational and economic forms and methods of influencing market processes in order to protect the rights and interests of all market entities. Public regulation, including self-regulation of the advertising industry, is an additional regulatory tool in the advertising market and largely performs preventive functions, allowing

1 See: Baranova M.V. Legal problems of self-regulation in the field of advertising // Journal Russian law. 2009. № 5.

resolve disputes and problematic situations in the field of advertising without resorting to state authorities.

In Russia, unlike many developed countries, the self-regulation system is relatively poorly developed, since such public regulation has practically no precedents, and the function of the main regulator of the advertising market lies with state bodies. At the same time, professional public organizations began to be created from the moment the Russian advertising industry was born in the late 1980s and early 1990s. The need to create organizations that represent the interests of manufacturers promotional items and services, was caused by the need to solve the problems of relationships between advertisers and advertising producers. The activities of these organizations were largely similar, they included the development and implementation of ethical standards necessary for the loyal attitude of society towards advertising, protection of the business interests of industry participants, and promotion of advertising 1 .

In order to understand the main activities and tasks of SROs in the field of advertising, we turn to foreign practice where the functioning of the SRO has extensive practical experience. In Western countries, self-regulation is very common precisely as an institution of control over advertising activities. In a number of countries, relations that arise in the process of advertising activities are resolved without the involvement of state regulation, with the help of a system of self-regulation tools.

For example, in the UK there is a so-called Advertising Standards Authority (ASA). The Authority is an advertising SRO funded solely by members of the advertising industry. It was created on the initiative of the participants in the advertising market back in 1962 in order to transfer control over compliance with the Code of Advertising Practice from advertisers, advertising producers, advertising distributors and agencies. A distinctive feature of the ASA is that its governing bodies are completely independent of both state structures and industrial ones. At the same time, the ASA Council, consisting of 13 members and a chairman, dealing with complaints about violations of advertising regulations, is recognized by the state (courts and bodies executive power) the appropriate advertising dispute resolution body. The global goal of the ASA is to control all advertising, regardless of its form, so that it is legal, decent and truthful. That is, the organization's activities are aimed at protecting the interests of consumers and civilizing the advertising market as a whole.

The main acts that the ASA relies on when considering complaints are the Non-Air Advertising Code (CAP Code) and the Air Advertising Code (BCAP Code). These codes were also developed in the self-regulation system - an organization affiliated with ASA is responsible for their creation and editing - the Committee of Advertising Practice (Committee of Advertising Practice) 1, created even earlier by ASA (in 1961) also at the initiative of the advertising community, in in particular the Advertising Association (Advertising Association, AA). The advertising association, in turn, consists of the largest non-profit associations advertising market participants working in all areas of advertising. The Association currently has 21 members. Essentially, AA is an association of associations, a market-wide organization capable of expressing the opinion of the industry as a whole. It is worth paying attention to the fact that in the UK such a single self-regulatory body was created back in 1924, while in Russia only in 1989 the first public association in the field of advertising appeared - the Association of Advertising Workers. Certainly so early development self-regulation has led to the fact that the current system of self-regulation of advertising activities in the UK is recognized as one of the most effective in the world.

Researchers believe that most of the states that are members of the European Union have a system of self-regulation of the advertising industry, similar to the British one. Moreover, ASA, in fact, stood at the origins of the creation of the European Advertising Standards Alliance (EASA). The Alliance currently brings together national advertising self-regulatory systems in Europe and beyond, and is also working on the creation and development of advertising self-regulation in countries such as Croatia, Cyprus, Serbia, Ukraine and Russia. National SROs exist in France, Germany, Italy, Spain, Portugal,

Greece and many other countries. All these organizations operate under the aegis of EASA and are its members 1 .

The United States occupies a peculiar niche in the field of self-regulation of advertising activities. Thus, in the United States, the advertising industry has its own SRO - the National Advertising Division (NAD) of the Council of Bureaux better business. The Better Business Bureau Council is an organization of local business organizations that promote business ethics through voluntary self-regulation (the Better Business Bureau system, BBB) and consumer and entrepreneur education. With local BBBs, consumers can often get their grievances against BBB members resolved. The National Advertising Division controls advertising in all media mass media, including the Internet; decides on complaints from competitors and consumers about false or misleading claims in advertising; makes decisions, which it publishes and circulates. When an advertiser continues to make claims that are found to be false by the NAD or refuses to give him information, the Division takes the case to the FTC, and the FTC resolves the dispute using its powers. Most advertisers agree to modify or remove controversial statements. The advertising self-regulation system is so effective that there is no advertising law in the US.

In Russia, there are currently certain professional associations and public organizations in the field of advertising. These organizations represent the interests of both advertisers and advertising producers and advertising distributors. As an example, the following professional organizations and associations of participants of the Russian and international advertising market:

1) Association of Communication Agencies of Russia(ACAR) is the leading and largest professional association of participants in the Russian market of advertising and communication services. This Association was founded in 1993 as Russian Association advertising agencies in order to protect their interests, in the future - the entire advertising community, as well as creating conditions for the development of a civilized advertising market in Russia: corporate ethics, social responsibility, industrial standards and business rules. The association represents the interests of companies that operate in the field of advertising, direct marketing, sponsorship, marketing research, design and packaging, organize events to promote goods and services, arrange points of sale, create and place advertisements in the press, on radio, television, in cinemas, on streets and squares, transport, on the Internet. The Association is a member of the Chamber of Commerce and Industry of the Russian Federation and a representative of Russia in the European Association of Communication Agencies (EACA);
2) Advertisers Association - is a Russian non-profit organization uniting a number of major Russian and international advertisers. The Association was established in 1997 in order to form and establish in Russia a system of reliable guarantees of freedom of advertising, as well as to promote the formation and development of an effective system of self-regulation of advertising activities in Russian market. The Association is a full member of the World Federation of Advertisers, thus acting as an expert on international practice of regulation and self-regulation of the advertising market in Russia;
3) International Advertising Association- international professional association of market participants advertising services. In Russia, the Association first began its activities in 1994, during the formation of Russian advertising. Priority directions activities of the International Advertising Association can be called the promotion of a broad practice of self-regulation, including self-regulation of advertising; promotion of professional development, special higher education and retraining of specialists in advertising and marketing communications;
4) National Association visual communications (NAVK) is a Russian non-profit organization that unites manufacturers and distributors of outdoor advertising and information. It was founded in 2003 as the National Association of Outdoor Advertising and Information (ANRI). The mission of the organization is to promote the civilized development of outdoor advertising in Russia. Its activities are aimed at the formation of modern, civilized mechanisms for the interaction of all components of the Russian visual communications market in order to ensure that it meets the world level of development and the expectations of Russian society;
5) Non-profit partnership to promote the development of interactive advertising - international professional association of interactive advertising market participants. The partnership has been operating since 1996. Now it has branches in more than 40 countries. Russian branch opened in 2009 and implements the following goals: integration of the Russian interactive advertising market into the global advertising market; providing infrastructure for communication with foreign colleagues; bilateral exchange of data and experience within the framework of research, educational, educational activities; distribution to Russia of established standards for interactive advertising and business practices;
6) Advertising Federation of Regions(RFR) is a Russian non-profit organization that unites regional advertising agencies and mass media advertising sales departments. The organization was born out of joint work regional partners in the implementation of new developments in the field of advertising business. The task of the RFR is to improve the advertising business in Russia in order to develop the economic and social stability of the country. The organization represents the interests of the regional advertising business in the Russian market, informs the regional advertising business in order to promote its development, and conducts purposeful activities to introduce modern approaches and technologies to regional advertising markets;
7) Advertising Council of Russia(РСР) is a Russian non-profit organization uniting all-Russian associations of advertising producers, advertising distributors, advertisers, consumer societies and regional advertising self-regulation organizations. The organization was formed in 1995 as the Public Council for Advertising in order to develop a system of public regulation of advertising activities, harmonize the interests of advertising consumers, the media and the advertising business. The structure of the Council includes committees for the development of ethical standards for advertising activities and the practice of applying self-regulation and legislation.

1) represent the legitimate interests of SRO members in their relations with federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies;
2) participate in the consideration by the antimonopoly body of cases initiated on the grounds of violation by members of the SRO of the legislation of the Russian Federation on advertising;
3) appeal to the appropriate court the normative legal acts of federal state authorities, state authorities of the constituent entities of the Russian Federation, local government bodies;
4) to apply in relation to the members of the SRO the measures of responsibility provided for by the constituent and other documents of the SRO, including exclusion from the members of the organization;
5) develop, establish and publish the rules of professional activity in the field of advertising that are mandatory for all members of the SRO;
6) exercise control over the professional activities of SRO members in terms of compliance with the requirements of the Law on Advertising and the rules of professional activity in the field of advertising, including the requirements of professional ethics;
7) consider complaints against the actions of a member of the SRO;
8) develop and establish requirements for persons wishing to join the SRO;
9) collect, process and store information about the activities of members of the SRO, the disclosure of which is carried out in the form of reports in the manner and with the frequency established by the constituent and other documents of the SRO;
10) maintain a register of persons who are members of the SRO.

are of direct importance only for the SROs themselves and their members, as well as the rights that ensure the interests of advertising consumers. First of all, we are talking about the observance by SRO members of the requirements of the Law on Advertising and the requirements of professional ethics. Within the framework of these rights, in March 2012, the signing took place in Moscow Russian Code advertising practices and marketing communications. The initiators of the preparation of the Code were NP “Commonwealth of Producers of Branded Trademarks “RusBrand” and the Association of Communication Agencies of Russia. During the solemn ceremony, representatives of more than 20 industrial and public organizations signed the text of the Code. The purpose of the Code is the formation of high ethical standards of advertising activities and their observance by all participants in the advertising process.

It seems appropriate if SROs in the field of advertising continue to develop their rights aimed at protecting the interests of advertising consumers. For example, SROs can supervise advertising distributed on the Internet for its compliance with the general and special requirements for advertising, and if violations are found, apply to the FAS Russia with an application to consider the identified violations and bring to justice persons who do not comply with the law. Thus, SROs in the field of advertising, together with the state body, will represent the interests of consumers of advertising, given the fact that the Law on Advertising does not contain special requirements for advertising on the Internet.

It is worth agreeing that self-regulation as a public institution implies a significant degree of autonomy of self-regulation bodies from public law regulators, a high level of independence and the existence of mechanisms that regulate social relations. However, modern level The independent activity of subjects of the advertising market in Russia allows us to speak only about the presence of a certain and in some cases significant influence of the SRO on the development of the advertising market, rather than any noticeable regulatory impact on it. In other words, SROs are still some kind of public platforms for communication between companies working in the field of advertising and for cooperation between their individual functions. But there is still no need to talk about a noticeable regulatory impact 1 .

Above, we indicated that the membership of advertising entities in SROs in the field of advertising is voluntary. However, at present, science argues the need to modernize the system of self-regulation in the field of advertising by introducing mandatory participation of advertising market entities in SROs. Let us consider the proposed mechanism in more detail.

So, S. S. Ermolenko substantiates the next transition to mandatory self-regulation of the outdoor advertising market. At the first stage, the state should establish a number of preferences for members

SROs, and organizations, in turn, to establish performance standards for their members that would provide more high requirements than those provided by the state regulations. Gross and repeated violation by a SRO participant of standards should be punished by exclusion from the organization with deprivation of the preferences that the participant used. This will stimulate the activities of SROs in the necessary direction - towards ensuring both private and public interests. Such an approach should become a prerequisite for the implementation of the second stage of modernization of the self-regulation system - the introduction of mandatory participation of advertising market entities in SROs, which should positively affect the savings in administrative and financial resources public authorities, as well as to raise the quality of distribution of outdoor advertising throughout the Russian Federation to a higher level 1 .

However, in the proposed model of transition to mandatory membership in the SRO, the emphasis is only on the subjects of advertising activities engaged in the field of outdoor advertising. Such an approach, in our opinion, does not seem entirely logical, because it proceeds from the division of subjects of one sphere into two parts - those for whom membership in the SRO in the field of advertising will be mandatory, and the rest, for whom it will remain voluntary. Membership in the SRO should not be divided according to the area of employment of subjects in advertising activities (in this case outdoor advertising). And the Law on SRO itself proceeds precisely from the association (mandatory or voluntary) of participants in one field of activity in an SRO. The practice of functioning of already established SROs with mandatory membership also proceeds from the principle of uniting all business or professional entities and the impossibility of carrying out these types of activities outside SROs for certain categories of entities. If there is a transition from voluntary membership in the SRO to mandatory, then it should be developed for all participants in the advertising market. As for the proposed model of transition to mandatory membership in SROs in the field of advertising, it will most likely serve as an incentive for advertising market entities engaged in the distribution of outdoor advertising to join SROs on a voluntary basis in order to develop professional standards activities, protection of their rights and representation of interests.

Concluding the issue of considering the activities of SROs in the field of advertising, the following can be noted. The experience of functioning of SROs in this area is small and in the current situation for these organizations feature remains voluntary. Currently, the activities of voluntary SROs in the field of advertising are characterized by the strengthening of their rights related to the protection of their members and consumers of advertising, as well as their interaction with public authorities to develop standards on the ethics of advertising.

See: URL: http://adindustry.ru/doc/1158.
SmZhukovskaya L. M. Civil law regulation of advertising activities in the Russian Federation: thesis .... cand. legal Sciences. M., 2007. S. 49.

foreign experience

See: URL: http://adindustry.ru/.
The text of the Code was developed by a group of experts of NP "RusBrand" and "ACAR" in the field of marketing, advertising and legislation based on the provisions of the Consolidated Code of Practice for Advertising and Marketing Communications of the International
See: Ermolenko S.S. Decree. op. S. 23, 24.
For example, SRO AU, SRO auditors, SRO appraisers.

One of the biggest problems for Russia is the formation of a civilized market, including advertising. In the new economic conditions, the state, while providing entrepreneurs with freedom of activity, cannot distance itself from the legal regulation of the advertising market, since this is fraught with serious negative consequences both for market relations and for society as a whole.

After all, the goal of every advertiser is to sell a product or service. Fair competition is based on the use of reliable information, profitable display certain parties goods, ingenuity in the artistic execution of advertising, the correct distribution advertising budget, clear selection target audience, the skillful application of the various advertising techniques described in the previous chapters. But in the pursuit of advertising effectiveness, many people forget about ethical and legal standards, misleading the consumer by using false information about the product, neglecting the ethical attitude towards a competitor, using incorrect comparisons with competing firms, using prohibited methods, etc. Advertising can promote both a worthless product and an unscrupulous, dishonest seller. She can be obsessive, irrepressible and even immoral.

From false information, unrealistic promises, consumers who believe the advertising message are seriously affected. It is especially dangerous when advertising promotes cruelty, violence, various kinds of discrimination or superiority. This violates the rights and freedoms of the individual, established by international law and guaranteed by the Constitution of the Russian Federation. And advertising that is incorrect in relation to a competitor damages its image and business reputation. All this limits competition in the market and can significantly change the course of natural, fair competition. Therefore, the state, the basis of the system of which are market relations, is forced to establish various rules of conduct in the market and monitor their observance.

Since there are several participants in the advertising process, the rules of the game must be established for each. Relations arising in the process of production, placement and distribution of advertising in Russia are regulated by the Law "About Advertising" dated March 13, 2006 No. 38-FZ, which was first adopted in 1995.

The federal law "On Advertising" defines the scope of its application, the basic concepts of advertising, General requirements to it, the features of certain methods of advertising distribution, the features of advertising certain types of goods, the rights of self-regulatory bodies, the features of state control and liability for violation of the law. It should be noted that the law does not apply to political advertising and advertisements of individuals, including in the media, not related to entrepreneurial activities.

The main objectives of the law are the development of markets for goods, works and services based on the principles of fair competition, ensuring the unity of the economic space in the Russian Federation, exercising the right of consumers to receive fair and reliable advertising, preventing violations of the legislation of the Russian Federation on advertising, as well as suppressing the facts of inappropriate advertising. . The law provides for the need for a system of control and self-regulation in the field of advertising, taking into account the interests of all participants in advertising communications.

The sources of legal regulation of advertising in our country are also the Constitution (Basic Law) of the Russian Federation, the Civil and Criminal Codes. Often the suppression of unfair advertising is carried out on the basis of the Code of the Russian Federation on administrative offenses. In addition, there are a number of laws that in one way or another relate to activities related to advertising and promotion of goods, for example: “On the Mass Media”, “On Protection of Consumer Rights”, “On Competition and Restriction of Monopoly Activities in Commodity Markets”, “On trademarks, service marks and names of places of passage of goods. "On Licensing Certain Types of Activities", "On Health". To legal documents regulating advertising activities also include decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, acts of ministries and departments registered with the Ministry of Justice of the Russian Federation. In some cases, acts of subjects of the Russian Federation and local governments adopted within their competence and not contradicting the Constitution of the Russian Federation and federal laws can also be sources of advertising law.

Control and supervision over compliance with the legislation in the field of advertising, as well as the adoption of by-laws in this area is carried out by Federal Antimonopoly Service(FAS Russia). Territorial authorities FAS Russia is represented by 73 organizations. The main areas of state control in the field of production, placement and distribution of advertising include:

prevention and suppression of inappropriate advertising that can mislead consumers or harm their health;
protection against unfair competition in the field of advertising;
bringing subjects of advertising activity to administrative responsibility for violation of the legislation on advertising;
interaction with advertising self-regulatory authorities.

It should be noted that the regulation of advertising activities can also be carried out on the basis of unwritten laws, such as, for example, customs and traditions that have been established in a particular area of advertising and do not contradict the requirements of business turnover, fairness, reasonableness and integrity.

An important role in the development of a civilized advertising market is played by self-regulation. It involves the voluntary control of subjects of advertising over compliance with the rules of conduct in the advertising market, based not only on the force of law, but also on the rules established by the business community itself.

The interpretation of the concept of "self-regulation in the field of advertising" in Russia was given at a meeting of the Public Council of the Russian Federation on Advertising on November 15, 1996, at which the question of the state and prospects of self-regulation of advertising in Russia was considered. “Advertising self-regulation,” the Board said in a press release about this meeting, “is the interaction of the main participants in the advertising process - advertisers, advertisers and the media - with the aim of developing a common “rules of the game”, condemning bad business practices and effectively interacting with members of the public. consumers, public authorities. Self-regulation makes it possible to resolve disputes out of court, creates a climate of trust and openness that is favorable for both the advertising community and consumers.” Self-regulatory mechanisms are based on agreed ethical standards, exemplified by the International Advertising Code. Advertising self-regulation is one way to improve the quality of advertising products and eliminate bad advertising.

Self-regulation has a number of advantages compared to legislative regulation, since it is able to respond faster and more mobile, at the lowest cost, to the needs of consumers and advertising entities; it is less formalized (the actions of specific firms can be evaluated from the standpoint of common sense, and not just formal rules); self-regulation rules come from the needs of real life. Self-regulation rules are not legal norms, therefore, they are binding only for those who have joined them.

The main principles of self-regulation are as follows.

Advertising must be legal, decent, honest, and authentic.
Advertising must be developed with a high degree of social responsibility and comply with the principles of fair competition generally accepted in commercial activities.
No advertising should discredit advertising activities in the eyes of society.

It is now generally accepted that self-regulation is most effective within the framework of established legislation. Article 32 of the Law "On Advertising" assigns the following rights to self-regulatory bodies (public organizations (associations), associations and unions of legal entities) in the field of advertising:

represent the legitimate interests of members of a self-regulatory organization in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, and local government bodies;
participate in the consideration by the antimonopoly body of cases initiated on the grounds of violation by members of the self-regulatory organization of the legislation of the Russian Federation on advertising;
to appeal to the arbitration court the normative legal acts of the federal state authorities, the normative legal acts of the state authorities of the constituent entities of the Russian Federation, the normative legal acts of local governments;
apply to the members of the self-regulatory organization the measures of responsibility provided for by the constituent and other documents of the self-regulatory organization, including exclusion from the members of the self-regulatory organization;
develop, establish and publish rules of professional activity in the field of advertising that are binding on all members of the self-regulatory organization;
exercise control over the professional activities of members of a self-regulatory organization in terms of compliance with the requirements of this Federal Law and the rules of professional activity in the field of advertising, including the requirements of professional ethics;
consider complaints against the actions of a member of a self-regulatory organization;
develop and establish requirements for persons wishing to join a self-regulatory organization;
collect, process and store information about the activities of the members of the self-regulatory organization, the disclosure of which is carried out in the form of reports in the manner and with the frequency established by the constituent and other documents of the self-regulatory organization;
maintain a register of persons who are members of a self-regulatory organization.

In Russia, there are a number of organizations, one way or another connected with the development of the advertising business and self-regulation of advertising. These are the Association of Communication Agencies of Russia, RACAR (formerly the Russian Association of Advertising Agencies, PAPA), the National Advertising Association, the Advertising Committee of the Chamber of Commerce and Industry, the Public Relations Association, the Advertising Producers Support Fund and a number of others. For most of them, the ethical self-regulation of advertising is only a side activity, since they are mainly engaged in the development of the advertising industry as such. Since 1995, a special organization has also been operating, aimed specifically at self-regulation in the advertising field - the Advertising Council of Russia. PCP (until 1999 - Public Council for Advertising).

The Advertising Council of Russia is a public association whose members - individuals and legal entities (public associations) - carry out their activities in the production and distribution of advertising, consumer protection, and the socio-cultural sphere. The main tasks of the RSR include:

organization of interaction between advertisers, manufacturers, distributors and consumers of advertising products, as well as government agencies; prevention and assistance in resolving disputes and conflicts in the advertising field;
development and implementation of a system of measures aimed at creating conditions for the development of mechanisms for self-regulation of advertising activities, the formation of civilized norms and rules of conduct in the advertising market;
promoting the creation of legal conditions that ensure the harmonious interaction of the interests of customers, manufacturers, distributors and consumers of advertising;
creation of conditions for professional communication and discussion of joint programs of activities of members of the Council, other interested organizations;
development of professional relations with creative unions, public organizations in Russia and abroad;
organizing and holding events (conferences, symposiums, seminars, competitions, etc.) aimed at highlighting the activities of the advertising business, supporting fair competition, creativity in advertising;
assistance in the training of highly professional personnel for the advertising business, protection of copyrights and interests of members of the Council;
conducting an independent examination of advertising products.

The RUR structure has a Committee for the consideration of applications and the practice of applying self-regulation and legislation, and for the development of ethical norms (standards) for advertising activities.

Thus, the main functions of the Committee for the Consideration of Appeals and the Practice of Application of Self-Regulation and Legislation are:

consideration of appeals and applications of legal entities and individuals and assessment of their legitimacy and compliance with federal advertising legislation;
development of recommendations for resolving specific contentious issues;
identification of facts of non-compliance with self-regulation and legislation;
independent examination of advertising in order to determine its compliance with ethical standards and legal requirements;
organization of events on the practice of applying the norms and standards of advertising self-regulation;
establishing professional relations with the media, advertiser associations, advertising agencies, consumer societies in Russia and abroad.

The functions of the Committee for the development of ethical norms (standards) for advertising activities include:

development of requirements in the field of ethics and standards of advertising;
examination of advertising messages;
development and direction of recommendations to the subjects of advertising activities;
organizing and holding events related to the ethics and standards of advertising.

As early as the beginning of the 20th century. in connection with the rapid development of industry, foreign economic relations, international trade and advertising, it became necessary to formulate certain unified principles of advertising practice. Through the combined efforts of entrepreneurs from various countries in 1937, the International Code of Advertising Practice (later - activities) was adopted, which was subsequently revised and supplemented several times.

The International Chamber of Commerce considers the Code primarily as a tool for self-discipline, but it is also intended to be used as a reference in jurisprudence. The Code is not a document on the basis of which it would be possible to take any legal measures in relation to its violators. It does not have the force of law and acts as a kind of code of honor for the advertiser. Its main goal is to highlight the basic principles and norms of advertising activities. The International Advertising Code is a kind of set of rules, customs and ethical standards, which signatory participants in the advertising market voluntarily undertake to follow.

The term "advertising" should be interpreted in its broadest sense, including any form of advertising of goods and services, regardless of the advertising medium used and advertising statements on packaging, labels and in materials at the point of sale.
The term "product" also includes services.
The term "consumer" means the person to whom an advertisement is addressed or may be reached, whether it is an end consumer, trader or user.

The principle that any advertising should be developed with a high degree of responsibility to society and comply with the principles of fair competition generally accepted in commercial activities is reflected in the prohibition of statements, images that discredit the honor, dignity and business reputation of competitors.

nature, grade, composition, method and date of manufacture, suitability for use, range of use, quantity, manufacturer and country of manufacture;
the value of the product and the price actually paid;
other payment terms such as installment sales, long-term leases, installment payments and credit sales;
delivery, exchange, return, repair and maintenance;
warranty conditions;
copyrights and industrial property rights such as patents, trademarks, designs and models, trade names;
official recognition or approval, awarding of medals, prizes and diplomas;
the size of the benefits in case of participation in charitable events.

An interesting rule is that advertisements should not contain evidence or references to it, unless the evidence is genuine and based on the experience of the person giving it. Also, evidence or references that are outdated or no longer applicable for other reasons should not be used. Based on Russian experience, we know that many television commercials do not feature real, say, housewives advertising their favorite brand of washing powder, but actors. It turns out that the testimonies of the fictitious "Aunt Asya" violate at least ethical standards.

It is prohibited to directly or indirectly slander any company, industrial or commercial activity (profession) and any products. An attempt to cause contempt or ridicule is also considered slander.

Among other things, the rules of the Code state that advertising must not imitate the general composition, text, slogans, video sequence, music, sound effects and other elements of competitors' advertising in such a way that it can mislead the consumer and be mistaken for other advertising. As emphasized in the document, in the event that an international advertiser in one or more countries organizes an advertising campaign that has characteristic distinctive features, other advertisers should not unreasonably imitate this campaign in other countries where this advertiser operates.

In conclusion, I would like to note that no advertising message should undermine public confidence in advertising, i.e. discredit advertising activities in the eyes of society.

Answer the questions

What is the main function of the Federal Law "On Advertising"?
In what year was the Law of the Russian Federation "On Advertising" first adopted?
What types of advertising are not covered by the Law of the Russian Federation "On Advertising"?
Which body is responsible for monitoring and supervising compliance with the legislation in the field of advertising?
What are the main directions of state control in the field of production, placement and distribution of advertising.
Does the activity of self-regulatory bodies depend on the state?
What are the advantages of self-regulation over legislative regulation?
Are self-regulatory rules binding?
What sanctions can self-regulatory authorities apply to infringing advertisers?
Remember the basic principles of self-regulation, formulate your attitude towards them.
Give examples of organizations and codes of self-regulation in Russia and in the world.

Complete tasks

Exercise 1

* organization of interaction between the subjects of the advertising market;
* development of measures to build self-regulation mechanisms;
* creation of legal conditions for linking the interests of customers, manufacturers, distributors and consumers of advertising;
* Assistance in the training of personnel for the advertising business;
* carrying out an independent examination of promotional products.

The practice of functioning of the Public Council for Advertising has shown the need to unite with other structures - commercial and non-profit organizations, integration into international system self-regulation of advertising.

In 1999, the council was reorganized, resulting in a non-profit partnership - the Advertising Council of Russia. The main goals of this organization were to streamline and effective development advertising activities in Russia through voluntary compliance norms developed by market participants.

Another active subject of the advertising self-regulation system in Russia is the Association of Communication Agencies of Russia (ACAR), established in 1993 and uniting more than 100 advertising agencies.

According to the charter of the association, the main objectives of its activities are the following: advertising chamber of commerce self-regulation

* association on a voluntary basis of companies operating in the field of advertising and commercial communications, for the implementation of self-regulation and control of their professional activities;
* representation and protection of common professional, property and other interests of the members of the association;
* development, implementation in the daily practice of members of the association of rules (standards) for professional activities in the field of advertising and commercial communications and ensuring control over their implementation;
* development, introduction into the daily practice of members of the association of voluntary ethical requirements for advertising and ensuring control over their implementation.

The main activities of the association:

* study of the conditions for carrying out activities in the field of advertising and commercial communications;
* development of proposals for improving the legislation of the Russian Federation governing relations in the field of advertising and commercial communications, and submission of these proposals to bodies with the right of legislative initiative;
* ensuring the interaction of members of the association, the media and advertisers in order to improve the quality level of advertising and other marketing information, its reliability and accessibility to every member of society;
* representation of the legitimate interests of its members in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local governments;
* participation in the consideration by the antimonopoly authorities of cases initiated on the grounds of violation by members of the association of advertising legislation;
* judicial appeal against acts and actions of federal state authorities, state authorities of the constituent entities of the Russian Federation, local authorities that violate the rights and legitimate interests of any member of the association or group of members of the association;
* the application of measures of responsibility in relation to its members provided for by the constituent and other documents, including exclusion from members of the association;
* development and adoption of rules (standards) for the professional activities of members of the association (Code of professional activities of the AKAR), monitoring their compliance;
* development and adoption of a set of rules of professional ethics for AKAR members (the Code of Ethics of AKAR), monitoring their observance;
* application of measures of influence to the members of the association - violators of the rules of professional activity and professional ethics of the members of the association;
* consideration of complaints against the actions of members of the association;
* carrying out examinations of promotional products in disputable situations;
* holding contests professional excellence on certain types advertising and commercial communications;
* promotion of advertising festivals and the participation of members of the association in them;
* creation and organization of the activities of the arbitration court at the association to resolve disputes between members of the association, between members of the association and other organizations;
* ensuring the activities of the advertising academy;
* exercise international activities for the purpose of interaction, cooperation with international organizations, associations in the field of advertising and commercial communications, exchange of information, documents on all issues within the scope of the association;
* system development vocational training and retraining of personnel in the field of advertising and commercial communications for members of the association;
* promotion of the principles and methods of advertising and commercial communications, dissemination of Russian and foreign experience in the field of advertising and commercial communications, including through the development information portal associations;
* organization and holding of conferences, seminars, symposiums, exhibitions, competitions and other events in order to realize the achievements of the members of the association.

A new stage in the development of the advertising self-regulation system in Russia is associated with the creation of the Council of Media Industry Associations (SAMI), which includes almost all the main subjects of the media market - the Media Union, the Guild of Periodical Press Publishers, the Association of Communication Agencies, the Association of Advertisers, the Russian Association for Public Relations , National Association of Broadcasters, etc.

With the support of CAMI, in 2003 the Russian Advertising Code was adopted - the first systemic act of self-regulation, refracting the main ideas of the International Code of Advertising Practice in relation to the reality of our country.

The Russian Advertising Code is aimed at the formation of a civilized advertising market, the development of healthy competition, and the appearance of fair advertising on the market. It defines the most important general requirements for advertising: legality, honesty, decency, reliability. In addition, the code contains provisions aimed at protecting children, requirements for certain types of advertising, grounds for responsibility of various subjects of the advertising market.

The Code is supplemented by the Code of Practices and Rules for the Business Circulation of Advertising on the Territory of the Russian Federation, which contains specific examples and precedents of inappropriate advertising. For example, the code recommends refraining from advertising that intensifies (exacerbates) the complexes associated with external unattractiveness, especially teenage ones. An illustration of this provision is the television advertisement of the Klerasil lotion, which showed in an unfavorable light a young man who does not use this drug and is forced to “walk in a helmet”. In accordance with the recommendations of the Public Council, the advertiser voluntarily removed this advertisement from the TV show.

In 2004, the Council established the Public Commission on Ethics and Integrity in Advertising, the main goal of which is to prevent violations of professional ethical standards in the field of advertising.

The characteristics of the Russian system of advertising self-regulation today are the diversity existing organizations, the fuzzy delimitation of their functions and competence, the focus of their activities primarily on protecting their own interests of the subjects of the advertising market, and not consumers of advertising.

According to experts, in Russia there is a process of developing mechanisms and procedures for self-regulation of advertising, spreading self-regulation standards among the advertising community, developing methods for monitoring compliance with accepted standards and applying responsibility.

The provisions of the Law on Advertising, which expand the powers of self-regulatory organizations in the field of advertising, are aimed at developing the system of self-regulation in Russia. According to Article 32, self-regulatory organizations have the right to:

1) represent the legitimate interests of members of a self-regulatory organization in their relations with federal government bodies, government bodies of constituent entities of the Russian Federation, and local government bodies;
2) participate in the consideration by the antimonopoly body of cases initiated on grounds of violation by members of the self-regulatory organization of the legislation of the Russian Federation on advertising;
3) appeal to an arbitration court the normative legal acts of the federal state authorities, the normative legal acts of the state authorities of the constituent entities of the Russian Federation, the normative legal acts of local governments;
4) apply to the members of the self-regulatory organization the measures of responsibility provided for by the constituent and other documents of the self-regulatory organization, including exclusion from the members of the self-regulatory organization;
5) develop, establish and publish the rules of professional activity in the field of advertising, binding on all members of the self-regulatory organization;
6) exercise control over the professional activities of members of the self-regulatory organization in terms of compliance with the requirements of this law and the rules of professional activity in the field of advertising, including the requirements of professional ethics;
7) consider complaints against actions of a member of a self-regulatory organization;
8) develop and establish requirements for persons wishing to join a self-regulatory organization;
9) collect, process and store information about the activities of the members of the self-regulatory organization, the disclosure of which is carried out in the form of reports in the manner and with the frequency established by the constituent and other documents of the self-regulatory organization;
10) maintain a register of persons who are members of a self-regulatory organization.