Legal regulation of advertising activities in the Russian Federation. Legal - regulation of advertising activities in skst

100 r first order bonus

Choose the type of work Graduation work Term paper Abstract Master's thesis Report on practice Article Report Review Test work Monograph Problem solving Business plan Answers to questions Creative work Essay Drawing Compositions Translation Presentations Typing Other Increasing the uniqueness of the text Candidate's thesis Laboratory work Help on-line

Ask for a price

Modern advertising plays a significant role in society, which necessitates the development ethical and legal regulations governing advertising activities. No advertisement can resell a product if it failed the buyer the first time. Unfair advertising, if it can create some success, it will be only apparent and temporary. Advertising should be: respectable, reliable, decent, benevolent. In advertising, negative statements about competitors' enterprises and their products are unacceptable. Firstly, this is not ethical, and in many countries this norm is regulated by law. Secondly, this, as a rule, plays in favor of competitors, it may happen that their product is remembered better than their own. Thirdly, purely psychologically, this method raises doubts about the quality of the advertised product. Advertising should have the following features fair and reliable advertising as truthfulness, specificity, purposefulness, humanity and competence.

Truthfulness obliges the organizer of the promotional event to provide information about the goods, their quality, merits and benefits that correspond to reality.

concreteness expressed in convincing arguments and digital data used in the text of the advertising medium; in advertising graphics, the observance of this principle eliminates unjustified formalism and techniques that are incomprehensible to a wide audience.

Purposefulness advertising means that its starting point is the advertised goods and market conditions, its object is the consumer. Compliance with the principle of purposefulness in advertising prevents wasteful spending of funds, allows you to evaluate the effectiveness of the use of a particular advertising medium, its impact on increasing the turnover of a commercial enterprise, as well as emotional and psychological impact.

Various social actors take part in the regulation of advertising activities. Among the main forces to the greatest extent affecting advertising, it is necessary to allocate consumers, public organizations and state . Let us consider the main features of the participation of these forces in the regulation of advertising activities.

Consumer - the addressee of most advertising messages - has played an increasingly prominent role in this process in recent years. His unconditional traditional rights include: the right to the safety of consumption of the purchased goods; the right to expect that the goods will function in strict accordance with the statements of the seller; the right to comprehensive information about the product; the right to be protected from questionable goods and questionable marketing practices. The consumer, if he has become a victim of unfair advertising, can defend his rights either individually or as part of a public group (society) for the protection of consumer rights.

In the first case, he can apply with a letter to the management of the advertiser company, to the mass media, to local authorities, to file a lawsuit in court. It should immediately be noted that in the conditions of an insufficiently developed legislative framework and the corresponding state of affairs, this approach is unlikely to bring any effect. Since this trend is universal and international, since the middle of the last century, consumers have united their efforts to defend their rights.

Public organizations are created not only by consumers, but also by advertisers themselves. Their activity can be considered as one of the forms of social self-regulation. It is self-regulation that is currently the main activity of public organizations of advertisers around the world. The purpose of the activities of numerous advertising associations was to combat unfair competition in the advertising business, to eradicate false advertising that harms the image of all advertisers. Thus, the movement is taking steps to mitigate criticism from the general public and prevent the escalation of government interference in the industry's problems. Often, public organizations of advertisers play the role of a lobby in relations with state authorities, "pushing through" the laws that all advertisers need, and preparing their projects.

In the 1990s, the first public organizations , bringing together advertisements countries. Among the most authoritative organizations are the Association of Communication Agencies of Russia - AKAR (before that - the Russian Association of Advertising Agencies - RARA), the Association of Advertisers, the Russian branch of the International Advertising Association (IAA), the Advertising Producers Support Fund, the National Advertising Association (until 1996 - the Association of Workers advertising of Russia), Advertising Federation of Regions (RFR), Moscow Advertising Guild, League of Advertising Agencies (LiRA), etc.

In February 1995, the Public Council for Advertising was founded, which in February 2000 was transformed into the Advertising Council of Russia (РСР). The Board of the Council includes the heads of the Chamber of Commerce and Industry of the Russian Federation, the Union of Journalists of the Russian Federation, the International Confederation of Consumer Societies (ConfOP), the Association of Advertisers, RACA, etc. advice advertising and participation in the development of advertising legislation.

As part of providing the basics of self-regulation, the Public Council for Advertising developed and proposed for voluntary execution by Russian participants in the advertising process "Code of Customs and Rules for the Business Circulation of Advertising on the Territory of the Russian Federation". In November 2000, the Advertising Council of Russia published the draft "Russian Advertising Code", which was adopted in the spring of 2001. The code was based on the norms of the International Code of Advertising Activities of the International Chamber of Commerce and the already mentioned "Code of Customs and Rules". At the same time, ethical norms and regulations were taken into account, reflecting the characteristics of the advertising market and the cultural and historical traditions of Russia.

Professionals working in other areas of marketing communications also have their own public organizations. So, in 1995, the Russian Association of Direct Marketing (RADM) was created. After a period of relatively low activity in 2001, this organization was practically re-established. The first Russian professional organization of firms working in public relations was the association of companies of consultants in the field of public relations (AKOS), established in 1999. The authoritative organization in this area is the Russian Association for Public Relations (RASO). One of its activities was the certification of participants in the PR process in Russia, the purpose of which is to oust agencies from the market that do not have sufficient professional competence.

Self-regulation of participants in the communication process, the formation of a civilized market for BTL services, the codification of ethical standards in the field of sales promotion are the main goals of the Russian Sales Promotion Association (RASS). One of the most important steps of this organization was the development of the Russian Code of Practice for Sales Promotion, the observance of which became mandatory for members of the association. The main articles of the code are devoted to protecting the interests of consumers, observing the law, protecting the interests of a children's audience, and formulating the general conditions for conducting SP campaigns.

A great influence on the coordination of joint efforts, the unification of advertising requirements is played by international non-governmental organizations . The most famous of them are: the International Chamber of Commerce (ICC), the International Union of Advertisers Associations, the International Association of Public Relations, the International Union of Fairs, the European Association of Direct Advertising Enterprises, etc.

The most important component of the system of external control of advertising activities is state regulation . It is carried out by creating a broad legislative framework and the formation of a system of executive bodies exercising control.

The main objects of state regulation of advertising are :

• advertising activities in general;
• advertising of goods that pose a potential danger to consumers;
• use of unsubstantiated claims;
• copyright protection for advertising ideas and solutions;
• legal protection of trademarks and other forms of intellectual property;
• advertising that is misleading and contains "disappearing bait";
• comparative advertising;
• advertising aimed at children, etc.

In Russian federation the main legislative act of direct action, which regulates advertising activities, is Law "On Advertising" adopted on February 22, 2006. The law defines the basic concepts (advertising, object of advertising, advertising producer, etc.); the general requirements for advertising are outlined and the concepts of "unfair" and "false advertising" are revealed. The federal law "On Advertising" allows at the present stage to manage the market of various advertising media, determines the features of advertising certain types of goods and services, establishes the rights and responsibilities of the advertiser, advertising producer and advertising distributor. In addition, the law serves as the initial regulatory framework for the development of legislation in the field of advertising. The main objectives of the Law are protection against unfair competition in the field of advertising, prevention and suppression 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 practical implementation of legislation on the regulation of advertising activities is possible only if there is executive body systems that directly perform these functions. In Russia, in accordance with the Law of the Russian Federation "On Advertising" of 1995, state control over compliance with the legislation of the Russian Federation on advertising is assigned to The Federal Antimonopoly Authority and its territorial subdivisions. At the time of the adoption of the law, it was the State Committee of the Russian Federation for Antimonopoly Policy and Support for New Economic Structures, which later transformed into

Ministry of Antitrust Policy and Support

Entrepreneurship of the Russian Federation (MAP RF), and then to the Federal Antimonopoly Service of the Russian Federation (FAS RF). The main document on which the regulatory activity of this executive authority is based is the “Procedure for Considering Cases Based on Signs of Violation of the Advertising Legislation of the Russian Federation” developed by it. In accordance with this regulation, the Federal Antimonopoly Service of the Russian Federation and its territorial bodies have been granted the right to initiate cases on violations of advertising legislation, issue orders to stop violations of the law, make decisions on counter-advertising, impose fines on violators, etc.

Advertising plays an important role in government regulation. judicial branch of government . Moreover, judicial practice in this area is quite active. Both district courts and higher courts dealt with advertising disputes.

Given that the main purpose of advertising is economic and advertising is one of the areas of business, it is obvious that arbitration courts actively participate in the regulation of advertising activities. Moreover, the number of cases considered by these courts was so large that the Presidium of the Supreme Arbitration Court of the Russian Federation issued an information letter on December 25, 1998, which contained the official "Overview of the practice of resolving disputes related to the application of advertising legislation."

The process of improving the system of state and public regulation of advertising in Russia continues

Legal regulation of advertising activities. Legal regulation of advertising activities, like any other private legal activity, is carried out mainly at two levels: regulatory legal and contractual. We can distinguish the following main features of the modern regulatory legal level of regulation of advertising activities.

• 1. The interrelated legal regimes of advertising considered above in their totality indicate that the field of commercial advertising, like any other business area, is complex, intersectoral area of ​​legal regulation x. Its legal regulation is built accordingly.
• 2. The legislation regulating advertising activities, like any area of ​​legislative regulation, is systemic nature, but has a specific structure. The central element of the structure of this legislation are three normative acts containing the main number of norms of the current legislation devoted to advertising. These are the Civil Code, the Code of Administrative Offenses and the Law on Advertising.

the legal status of the subjects of this activity, draw up the general regime of its contractual regulation, regulate other civil relations accompanying the named activity. BUT special the norms of the Civil Code contain provisions directly related to advertising. In addition to the definition in the first part of the Civil Code of the above-mentioned civil law essence of advertising (Article 437), the rules on advertising are contained in the second part (Article 494 on the public offer of goods in retail sale), part three (Article 1212 on the right, subject to application to the contract with the participation of the consumer) and in part four of this act (Art. 1299, 1474, 1484, 1515, 1519, 1539). Within the meaning of the specified norms of the fourth part of the Civil Code, advertising may be associated with the use of various results of intellectual activity. So, according to paragraph 1 of Art. 1539 of the Civil Code, the right holder has the exclusive right to use a commercial designation as a means of individualizing an enterprise belonging to him in any way that does not contradict the law (exclusive right to a commercial designation) and, in particular, by indicating the commercial designation in advertising. Accordingly, we can conclude that the marked indication is one of the forms of realization of the designated exclusive right. Thus, advertising in this case is a special area of ​​using the results of intellectual activity. In this area (the area of ​​advertising), the corresponding exclusive rights are implemented, i.e. this is the sphere of legal implementation of exclusive rights and other intellectual rights.

Unlike the Civil Code, the Code of Administrative Offenses, which contains rules on administrative liability for advertising offenses, and the Law

0 advertising together establish a system of special legal restrictions in the field of advertising. These two acts indicate the boundaries of what is permitted in the advertising field, delimiting the lawful behavior from the unlawful in this area.

Along with the three basic acts, various relations within the framework of advertising activities are also regulated by many other, mainly federal acts.

• 3. The main, most common method of regulatory legal regulation of advertising activities is the establishment of legal prohibitions in the legislation on advertising. The meaning of such prohibitive regulation is to limit the freedom of discretion (legal implementation opportunities) of advertisers, advertising producers, and advertising distributors in order to protect the subjective rights of advertising consumers and public interests.
• 4. An analysis of the current state of the regulatory legal regulation of relations in the field of advertising allows us to point out the trend in the development of advertising legislation and the trend towards an increase in the role of contractual regulation.

At the same time, practice also shows that in this area contracts are often of a mixed nature, subject to the provisions of Art. 421 CC. In this case, the contract usually formalizes the implementation of the entire range of promotional activities or their essential part, for example, it may be an agreement for the creation and placement of outdoor advertising.

Self-regulation (Chapter 4 of the Law on Advertising) assumes that professional participants in the advertising market independently regulate their activities. The institutional instrument of such self-regulation is the creation of self-regulatory organizations in the field of advertising (Article 31 of the Law on Advertising).

The need to apply the rules of technical regulation in the implementation of advertising activities is determined by the availability of relevant documents on technical regulation.

Legal consequences of violation of the legislation on advertising.

A specific violation in the field of advertising, for which special legal consequences are provided, is the implementation of inappropriate advertising. According to the Law on Advertising (Article 3), improper advertising is advertising that does not comply with the requirements of the legislation of the Russian Federation.

The legal consequences of inappropriate advertising are defined as cross-sectoral in Ch. 5 of the Advertising Law. Such legal consequences should be divided into civil law and public law. In Art. 38 of the Law on Advertising formulates rules on the civil consequences of inappropriate advertising. According to part 1 of this article, violation by individuals or legal entities of the legislation on advertising entails liability in accordance with civil law. In this case, as established in Part 2 of Art. 38 of the Law on Advertising, victims (these are persons whose rights and interests are violated as a result of the dissemination of inappropriate advertising) have the right to apply in accordance with the established procedure to a court or arbitration court, including with claims for:

• 1) compensation for losses, including lost profits (Article 15 of the Civil Code);
• 2) compensation for harm caused to the health of individuals and (or) property of individuals or legal entities;
• 3) compensation for moral damage (Article 151 of the Civil Code);
• 4) public refutation of false advertising (counter-advertising).

In essence, in this norm, the legislator listed the ways to protect civil rights, most of which are also measures of civil liability and which can be used in the advertising field. It is possible not only separate, but also joint application of the named methods of protection, for example, a claim can be filed for compensation for harm caused by improper advertising to the health of individuals, and for compensation for moral damage.

It should be noted that not only the victim, but also the antimonopoly body can file a claim for counter-advertising. In accordance with Part 3 of Art. 38 of the Law on Advertising, in the event that the named body establishes the fact of dissemination of false advertising and issues an appropriate order, it has the right to apply in accordance with the established procedure to a court or arbitration court with a claim against the advertiser for a public refutation of false advertising (counter-advertising) at the expense of the advertiser. In this case, the court or the arbitration court determines the form, place and terms for posting such a refutation. Thus, this method of protecting civil rights can also be applied at the initiative of the authorized authority (and not the victim).

Public law consequences are the administrative and criminal law consequences of inappropriate advertising. For example, the administrative-legal consequences in this case are the application of liability in accordance with the legislation on administrative offenses. Criminal liability for offenses in the field of advertising is also possible.

Administrative responsibility comes in accordance with the Code of Administrative Offenses. In accordance with Art. 14.3 of the Code of Administrative Offenses violation by the advertiser, advertising producer or advertising distributor of the legislation on advertising (improper advertising or refusal to counter-advertise) entails the imposition of an administrative fine. Cases under Art. 14.3 of the Code of Administrative Offenses are considered by the federal antimonopoly body, as well as its territorial bodies (part 1 of article 23.48 of the Code of Administrative Offenses). Along with the specified special administrative responsibility in the advertising field, the marked persons in accordance with the Code of Administrative Offenses may be held administratively liable under Art. 19.5 for failure to comply with the legal order of the antimonopoly body in time, under Art. 19.8 for failure to submit petitions, notifications (applications), data (information) to the antimonopoly authority.

Other legal consequences of inappropriate advertising are those consequences that, by their legal nature, are not measures of legal liability. In particular, such consequences include the issuance of instructions by the antimonopoly authority to stop violating the legislation of the Russian Federation on advertising in accordance with the rules of Art. 36 of the Law on Advertising. Such an order is issued based on the results of consideration by the antimonopoly body of a case initiated on the grounds of a violation of the legislation of the Russian Federation on advertising (see: Rules for consideration by the antimonopoly body of cases initiated on the grounds of violation of the legislation of the Russian Federation on advertising, approved. Decree of the Government of the Russian Federation of August 17, 2006 No. 508 / / SZ RF. 2006. No. 35. Art. 3758).

Note that offenses in the advertising field can be committed not only by the advertiser, advertising producer and advertising distributor, but also by the antimonopoly authority. Based on Art. 35, 37 of the Law on Advertising, legal consequences are also possible for violations by the antimonopoly authority (for example, compensation for damages or administrative liability for disclosure by employees of the antimonopoly authority of information constituting commercial, official and other secrets protected by law, etc.).