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Russian Federal Law on advertising

Source: http://en.fas.gov.ru/upload/documents/Federal%20Law%20No.%2038-FZ%20On%20Advertising%20(as%20amended%20in%202014).pdf


Translation version is of Federal Antimonopoly Service


Original text: https://nikolev.net/legislation/laws/54-federalnyy-zakon-o-reklame.html


Russian Federal Law on advertising


NO. 38-FZ OF MARCH 13, 2006

(with the Amendments and Additions of December 18, 2006, February 9, April 12, July
21, December 1, 2007, May 13, October 27, 2008, May 7, September 27, December 17,
27, 2009, May 19, July 27, September 28, 2010, April 5, June 3, July 1, 11, 18, 21,
November 21, 2011, July 20, 28, 2012, May 7, June 7, July 2, 23, October 21, November
25, December 21, 28, 2013, June 4, 28, July 21, 2014)


Adopted by the State Duma on February 22, 2006
Approved by the Federation Council on March 3, 2006


Chapter 1. General Provisions


Article 1. The Goals of the Present Federal Law


The goals of the present Federal Law are as follows: developing the markets of goods, works and services on the basis of observance of fair competition principles, maintaining a uniform economic space in the Russian Federation, implementing consumers' right to obtain fair and truthful advertisements, creation of favourable conditions for making and distributing social advertisements, preventing violations of the advertising legislation of the Russian Federation, and also stopping unsuitable advertisements.


Article 2. The Applicability of

the Present Federal Law


1. The present Federal Law is applicable to relations in the area of advertising, irrespective of the place where it is produced, if the dissemination of advertisements takes place on the territory of the Russian Federation.
2. The present Federal Law does not extend to:
1) political advertising, including pre-election canvassing and referendum canvassing;
2) information whose disclosure or dissemination or communication to the consumer is compulsory according to a federal law;
3) the reference, informative and analytical materials (domestic and foreign market reviews, the results of scientific research and testing) whose basic aim is not the promotion of goods in the market and which is not a social advertisement;
4) announcements of governmental bodies, of other state bodies, announcements of local self-government bodies, announcements of the municipal bodies not incorporated into the structure of local self-government bodies if such announcements do not contain
information of an advertising nature and if they are not social advertisements;
5) billboards and signboards not containing information of an advertising nature;
6) announcements of a natural person or legal entity which are not relating to the pursuance of entrepreneurial activities;
7) information on goods, on the manufacturer, importer or exporter thereof, such information being placed on the goods or on the package thereof;
8) any elements of decoration of goods which are placed on the good or on the package thereof and which have nothing to do with other goods;
9) a reference to goods, to a means of its individualisation, to the manufacturer or seller of goods which is organically integrated in a work of science, literature or art and which per se is not an information of advertising nature.
3. The provisions of the present Federal Law concerning the manufacturer of goods shall also extend to the persons that carry out works or provide services.
4. The special requirements and limitations established by the present Federal Law in respect of an advertisement of certain types of goods also extend to an advertisement of the means of individualisation of these goods, of their manufacturers or sellers, except for cases when an advertisement of the means of individualisation of specific goods, of its manufacturer or seller has apparently nothing to do with the goods in respect of whose advertisement special requirements and limitations are established by the present Federal Law.


Article 3. The Basic Terms Used

in the Present Federal Law


The following basic terms are used for the purposes of the present Federal Law:
1) "advertising" meaning information distributed by any means, in any form and by any media which is addressed to a non-specific group of persons and aimed at drawing attention to the object of advertising, at shaping up or maintaining an interest in respect of it, and at promoting it in the market;
2) "the object of advertising" meaning the goods, means of individualisation of a legal entity and/or commodity, the manufacturer or seller of goods, the results of intellectual activity or the event (including without limitation a sport competition, concert, competition/pageant, festival, gambling, wagers) to which attention is drawn by an advertisement;
3) "goods" meaning a product of an activity (including a work and service) intended for sale, exchange or another transaction;
4) "unsuitable advertisement" meaning an advertisement that does not comply with provisions of the legislation of the Russian Federation;
5) "advertiser" meaning the manufacturer or seller of goods or the other person that determines the object of advertising and/or the content of an advertisement;
6) "the maker of an advertisement" meaning a person that fully or partially puts information into a shape suitable for distribution as an advertisement;
7) "distributor of advertisements" meaning a person distributing advertisements by any means, in any form and by any medium;
8) "advertisement consumers" meaning the persons whose attention is to be drawn to the object of advertising of an advertisement;
9) "sponsor" meaning a person that provides funds or arranges for the provision of funds for the purpose of organising and/or conducting a sport, culture or any other event, creating and/or broadcasting a television or radio broadcast or creating and/or using another result of a creative activity;
10) "sponsored advertisement" meaning an advertisement distributed on the condition that it contains a compulsory reference to a certain person as sponsor;
11) "social advertisement" meaning an information distributed by any means, in any form and by any medium as addressed to a non-specific group of persons and aimed at achieving charitable and other socially useful goals, and also at supporting the interests of the state;
12) "anti-monopoly body" meaning the federal anti-monopoly body and its territorial bodies.


Article 4. The Legislation of the

Russian Federation on Advertising


The legislation of the Russian Federation on advertising consists of the present Federal Law. The relations emerging in the course of production, placement and dissemination of advertisements may also be regulated by other federal laws, normative legal acts of the
President of the Russian Federation, normative legal acts of the Government of the Russian Federation adopted in accordance with the present Federal Law.


Article 5. The General Requirements

Applicable to Advertising


1. Advertising shall be fair and truthful. Unfair and untruthful advertisements are prohibited.
2. An advertisement shall be deemed unfair if:
1) it contains incorrect comparisons of goods being advertised with goods traded in which have been manufactured by other manufacturers or are sold by other sellers;
2) denigrates the honour, dignity or business reputation of a person, including a competitor;
3) is an advertisement of goods whose advertising by the given method, at this time or place is prohibited, if it is conducted under the guise of an advertisement of other goods whose trademark or service mark are identical or similar to a degree of confusion with the trademark or service mark of the goods whose advertising is subject to the relevant requirements and limitations, and under the guise of an advertisement of the manufacturer or of a seller of the goods;
4) is an act of unfair competition in accordance with the antimonopoly legislation.
3. An advertisement shall be deemed untruthful if it contains untrue information on:
1) the advantages of the advertised goods over traded goods which are manufactured by other manufacturers or which are sold by other sellers;
2) any characteristics of the goods, including its nature, composition, method and date of manufacture, intended purpose, consumer properties, conditions for the use of the goods, the goods' origin, the availability of a certificate of conformity or a declaration of conformity, signs of conformity and signs of trading in the market, life span, the "best before" date of the goods;
3) the line of goods, and on the composition of goods, and also on the possibility of acquiring them at a specific place or during a specific term;
4) the value or price of the goods, the procedure for making payment for it, the rate of discount, tariff and other terms for the acquisition of the good;
5) the terms for delivery, exchange, repair and servicing of the goods;
6) the warranty obligations of the manufacturer or seller of the goods;
7) the exclusive rights to the results of intellectual activity and to the means of individualising a legal entity, the means of individualising the goods which qualify as such results;
8) on the rights to use official state symbols (flags, coats of arms, anthems) and of the symbols of international organisations;
9) the official or public recognition, on the receipt of medals, prizes, certificates or other awards;
10) the recommendations of natural or legal entities concerning the object of advertising or on the approval of the object by natural persons or legal entities;
11) the results of research and testing;
12) the conferral of additional rights or advantages on the acquirer of the goods advertised;
13) the actual amount of demand for the goods advertised or for another goods;
14) the output or sales amounts of the goods advertised or other goods;
15) the rules of, and terms for, conducting a competition, game or another similar event, in particular, on the deadline for acceptance of applications for participation in it, the number of prizes or awards according to its results, on the term and procedure for receiving
them, and also on the source of information about such an event;
16) the rules of, and term for, gambling and wagers, in particular, on the number of prizes or awards according to the results of the gambling and wagers, on the term for, place of, and the procedure for receiving prizes or awards according to the results of gambling and wagers, on the organiser thereof, and also on the source of information about the gambling and wagers;
17) the source of the information that is subject to disclosure under federal laws;
18) the place where persons concerned may get acquainted -- before concluding a contract on the provision of services -- with the information that has to be furnished to such persons according to federal laws or other normative legal acts of the Russian Federation;
19) the person that has assumed obligations under a security;
20) the manufacturer or seller of the goods advertised.
4. An advertisement shall not:
1) incite someone to commit a wrongdoing contrary to the law;
2) call on someone to commit violence or cruelty;
3) appear to be similar to road signs or otherwise threaten the safety of road, railroad, water, air traffic;
4) shape up a negative attitude to persons who do not use the goods advertised or show disapproval of such persons;
5) contain information of pornographic nature.
5. The following is prohibited in an advertisement:
1) the use of foreign words and expressions that can lead to a distortion of the sense of information;
2) a reference to the fact that the object of advertising is approved by governmental bodies or local self-government bodies or by officials thereof;
3) the show of process of smoking or the consumption of an alcoholic product;
4) the use of images of medical and pharmaceutical personnel, except for such use in an advertisement of medical services, personal hygiene facilities, in an advertisement whose consumers are exclusively medical and pharmaceutical personnel, in an advertisement
distributed at the places of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in an advertisement placed in a printed publications intended for medical and pharmaceutical personnel;
5) a reference to the fact that the goods advertised is manufactured with human embryo tissues;
6) a reference to healing properties -- i.e. a positive effect on the progress of an illness/disease -- of the object of advertisement, except such reference in an advertisement of a medicine, medical service, including methods of prophylaxis, diagnosis, treatment and
medical rehabilitation and medical articles.
6. It is prohibited to use the following in advertisement: foul language, indecent and offensive images, comparisons and expressions, in particular, concerning the gender, race, ethnic belonging, occupation, social category, age, language of a person and citizen, official
state symbols (flags, coats of arms, anthems), religious symbols, cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, and also the cultural heritage object included in the List of World Heritage.
7. An advertisement lacking a part of significant information on the goods advertised, on the terms for acquisition or use thereof is prohibited if in this case the sense of information is distorted and the consumers of the advertisement are misled.
7.1. In the advertising of goods and other objects of advertising, the value indicators must be stated in roubles and, if necessary, may additionally be stated in foreign currency.
8. An advertisement of the goods subject to use, storage or transportation rules or to application rules that have been approved in the established procedure shall not include information that runs contrary to such rules.
9. It is prohibited to use a concealed advertisement in a radio, television, video, audio and cinema products or in another products, i.e. an advertisement affecting consumers' mind without their realising that it is doing so, for instance by means of special video inserts (double audio record) and otherwise.
10. It is not allowed to insert advertisements in text books, training aids and other training literature intended for children's education in primary general, basic general education, secondary general education curricula, and also in school diaries or school
exercise books.
10.1. It is not allowed to insert advertisements in respect of the information products which are subject to classification in compliance the requirements of Federal Law No. 436-FZ of December 29, 2010 on the Protection of Children Against Information That May Be Harmful to Their Health and Development without citing the category of these information products.
10.2. It is not allowed to disseminate advertisements containing information whose dissemination to children is prohibited in compliance with Federal Law No. 436-FZ of December 29, 2010 on the Protection of Children Against Information That May Be Harmful to Their Health and Development at educational establishments, medical, sanatorium-and-spa, physical training and sports organisations, cultural institutions, relaxation and health improvement establishments which are intended for children or at a distance of less than 10 meters from the boundaries of the cited organisations.
11. At the advertisements' production, placement and dissemination, the demands of the legislation of the Russian Federation shall be observed, including those of the civil legislation and of the legislation on the state language of the Russian Federation.


Article 6. Protecting Minors in Advertising


For the purposes of protecting minors against abuse of their credulity and lack of experience the following is prohibited in advertising:
1) putting in disrepute parents and tutors, undermining minors' confidence in them;
2) inciting minors to convince parents or other persons to acquire the goods advertised;
3) causing minors to have a distorted idea of the goods' being affordable for a family with any level of income;
4) causing minors to have the impression that if they possess the goods advertised they are going to have an advantage over other people of the same age;
5) making minors to have an inferiority complex if they do not possess the goods advertised;
6) showing minors in dangerous situations, including situations provoking actions which are dangerous for their life and/or health, in particular provoking the infliction of harm on their health;
7) understating the level of skills required to use the goods advertised for minors of the age group for which the goods are intended;
8) causing minors to have an inferiority complex in connection with their unattractive appearance.

Article 7. The Goods Whose

Advertising Is Prohibited


Advertising of the following is prohibited:
1) the goods of which the manufacture and/or sale is prohibited by the legislation of the Russian Federation;
2) narcotic, psychotropic substances and precursors thereof, plants containing narcotics, or psychotropic substances, or precursors thereof and their parts containing narcotics, or psychotropic substances, or precursors thereof;
3) explosive substances and materials, except for pyrotechnic items;
4) human organs and/or tissues as the object of a purchase/sale;
5) the goods subject to state registration, if there is no such registration;
6) the goods subject to compulsory certification or another compulsory confirmation of their compliance with provisions of technical regulations, if there is no such certification or no confirmation of such conformity;
7) the goods whose manufacture and/or sale requires a licence or another special permit, if no such licence/permit is available.
8) of tobacco, tobacco goods and products and smoking accessories including smoking pipes, nargiles, cigarette paper and lighters.
9) medical services involved in induced abortion.


Article 8. Advertising Goods

in Distance Selling


When goods are advertised in the case of the distance selling thereof, the following details shall be indicated concerning the seller of the goods: the name, whereabouts and state registration number of the entry on the formation of the legal entity; the full name, basic registration number of the entry on the state registration of the natural person as individual entrepreneur.

Article 9. Advertising Concerning

Promotion Events


The following shall be indicated in an advertisement announcing a forthcoming competition, game or another event in which someone can take part on the condition that certain goods are acquired (hereinafter referred to as "promotion event"):
1) the dates of the event;
2) the source of information on the organiser of the event, on the rules for conducting the event, the number of prizes or awards according to the results of the event, on the terms, place and procedure for receiving them.


Article 10. Social Advertising


1. Advertisers for the purposes of a social advertisement may be natural persons, legal entities, governmental bodies, other state bodies and local self-government bodies, and also the municipal bodies not deemed part of the local self-government bodies structure.
2. Governmental bodies, other state bodies and local self-government bodies, and also the municipal bodies not deemed part of the local self-government bodies structure purchasing of goods and services for the manufacture and distribution of social
advertisements in accordance with the legislation of the Russian Federation on the contractual system in the sphere of purchasing goods, works and services for meeting state and municipal needs.
3. Concluding a contract for the distribution of a social advertisement is compulsory for a distributor within five per cent of the annual amount of the advertisements he distributes (including, the total advertising time disseminated in television and radio programmes, the total advertising space of a printed publication, the total advertising space of advertising structures). The conclusion of such a contract shall be carried out in the procedure established by the Civil Code of the Russian Federation.
4. In a social advertisement it is prohibited to mention specific brands (models, articles) of goods, trademarks, service marks and other means of individualising them, natural persons and legal entities, except for as provided for by Part 5 of this Article.
5. The restrictions imposed by Part 4 of this article shall not extend to mentioning state power bodies, other state bodies, local authorities or municipal agencies not deemed part of the local self-government bodies' structure, sponsors, people-centered non-profit organisations satisfying the requirements established by this article, as well as natural persons who have found themselves in difficult conditions of life or are in need for treatment, for the purpose of rendering charitable assistance thereto. It is allowed to mention in social advertising people-oriented non-profit organisations, if the content of such advertising is directly connected with information about such non-profit organisations' activities aimed at attaining charitable or other goals which are valuable for the community.
6. In social advertising disseminated through radio broadcasting sponsors may be mentioned within at most three seconds, in social advertising disseminated through TV broadcasting, films and videotapes it may not exceed three seconds and such mentioning
must occupy at most seven per cent of the picture area, and in social advertising disseminated in other ways it must occupy at most five per cent of the advertising area (space). These restrictions shall not extend to mentioning in social advertising state power
bodies, other state bodies, local authorities or municipal agencies not deemed part of the local self-government bodies' structure, sponsors, people-centered non-profit organisations satisfying the requirements established by this article, as well as natural persons who have found themselves in difficult conditions of life or are in need for treatment, for the purpose of rendering charitable assistance thereto.


Article 11. The Effective Term of

an Advertisement Deemed an Offer


If under the Civil Code of the Russian Federation an advertisement is deemed an offer, such an offer shall be in effect during two months after the advertisement is distributed, except as another term is specified in it.


Article 12. The Term of Storage

of Advertising Materials


Advertising materials or copies thereof, including all amendments thereto, and also contracts for the manufacture, placement and distribution of advertisements shall be stored for one year after the last distribution of the advertisement or after the expiry of the effective term of the contracts, except for the documents otherwise regulated by the legislation of the Russian Federation.


Article 13. Provision of

Information by an Advertiser


On a request of the distributor of advertisements the advertiser shall provide documented information on the compliance of the advertisement to the provisions of the present Federal Law, including information on the availability of a licence, on compulsory
certification or state registration.

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