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FEDERAL LAW OF THE RUSSIAN FEDERATION

of March 13, 2006 No. 38-FZ

About advertizing

(as amended on 02-07-2021)

Accepted by the State Duma of the Russian Federation on February 22, 2006

Approved by Council of the Russian Federation on March 3, 2006

Chapter 1. General provisions

Article 1. Purposes of this Federal Law

The purposes of this Federal Law are market development of goods, works and services on the basis of respect for the principles of fair competition, ensuring in the Russian Federation unity of economic space, realization of the right of consumers to receipt of fair and reliable advertizing, creating favorable conditions for production and distribution of social advertizing, warning of violation of the law of the Russian Federation of advertizing, and also suppression of the facts of inadequate advertizing.

Article 2. Scope of this Federal Law

1. This Federal Law is applied to the relations in the field of advertizing irrespective of the place of its production if distribution of advertizing is performed in the territory of the Russian Federation.

2. This Federal Law does not extend on:

1) political advertizing, including election propaganda and propaganda concerning referendum;

2) information, disclosure or distribution or bringing to which consumer is obligatory according to the Federal Law;

3) the reference and analytical materials (reviews of the internal and external markets, results of scientific research and testing) which do not have as main objective promotion of goods in the market and not being social advertizing;

4) messages of public authorities, other state bodies, messages of local government bodies, messages of municipal authorities which are not included into structure of local government bodies if such messages do not contain data of advertizing nature and are not social advertizing;

5) the signs and pointers which are not containing data of advertizing nature;

6) the declarations of physical persons or legal entities which are not connected with implementation of business activity;

7) information on goods, his manufacturer, on the importer or the exporter placed on goods or its packaging;

8) any elements of registration of goods placed on goods or its packaging and which are not relating to other goods;

9) references of goods, means of its individualization, of the manufacturer or of the seller of goods which are organically integrated into works of science of literature or arts and in itself are not data of advertizing nature.

3. The provisions of this Federal Law relating to the manufacturer of goods extend also to the persons performing works or rendering services.

4. The special requirements and restrictions established by this Federal Law concerning advertizing of separate types of goods extend also to advertizing of means of individualization of such goods, their manufacturers or sellers, except for case if advertizing of means of individualization of separate goods, his manufacturer or the seller obviously does not treat goods concerning which advertizing this Federal Law establishes special requirements and restrictions.

Article 3. The basic concepts used in this Federal Law

For the purpose of this Federal Law the following basic concepts are used:

1) advertizing - information distributed in any manner, in any form and with use of any means, addressed to the indefinite group of people and directed to drawing attention to subject of advertizing, forming or maintenance of interest in it and its market promotion;

2) subject of advertizing - goods, means of individualization of the legal entity and (or) goods, the manufacturer or the seller of goods, results of intellectual activities or action (including the sports competition, concert, tender, festival based on risk of game, bet) to which to drawing attention advertizing is directed;

3) goods - activities product (including work, service), held for sale, exchange or other introduction into circulation;

4) inadequate advertizing - the advertizing which is not conforming to requirements of the legislation of the Russian Federation;

5) the advertiser - the manufacturer or the seller of goods or other person which determined subject of advertizing and (or) content of advertizing;

6) the advertisement producer - person performing fully or partially reduction of information in ready for distribution in the form of advertizing form;

7) the advertizing distributor - person performing advertizing distribution in any manner in any form and with use of any means;

8) consumers of advertizing - persons to which drawing attention to subject of advertizing advertizing is directed;

9) the sponsor - the person which provided means or provided provision of means for the organization and (or) holding sporting, cultural or any other event, creation and (or) broadcasting TV or broadcasts or creations and (or) uses of other result of creative activities;

10) sponsor's advertizing - the advertizing extended on condition of obligatory mentioning in it of certain person as about the sponsor;

11) social advertizing - information distributed in any manner, in any form and with use of any means, addressed to the indefinite group of people and directed to achievement of charitable and other socially useful purposes, and also ensuring interests of the state;

12) antimonopoly authority - federal antimonopoly authority and its territorial authorities;

13) advertizing system - the information system and (or) the program for electronic computers which are intended and are used for the organization of distribution on the advertizing Internet by means of the information resources belonging to the third parties (the websites on the Internet, pages of the website on the Internet, information systems and (or) programs for electronic computers);

14) the operator of advertizing system - person performing activities for ensuring functioning of advertizing system;

15) forecast values of amounts of distribution of social advertizing on the Internet - values of amounts, methods, forms and means of distribution of social advertizing on the Internet determined according to Item 3 of part 3.10 of article 10 of this Federal Law for the purpose of the organization of its distribution on the Internet by the operator of social advertizing on the Internet within this Federal Law of amount established by part 3 of Article 10.

Article 4. Legislation of the Russian Federation on advertizing

The legislation of the Russian Federation on advertizing consists of this Federal Law. The relations arising in production process of placement and distribution of advertizing can be regulated by other Federal Laws which are also accepted according to this Federal Law, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation.

Article 5. General requirements to advertizing

1. Advertizing shall be fair and reliable. Unfair advertizing and doubtful advertizing are not allowed.

2. Is recognized unfair advertizing which:

1) contains incorrect comparisons of the advertized goods with the goods which are in circulation which are made by other manufacturers or are implemented by other sellers;

2) discredits honor, advantage or goodwill of person, including competitor;

3) represents advertizing of goods which advertizing is prohibited by this method, at present or in this place if it is performed under the guise of advertizing of other goods, the trademark or service mark of which tozhdestven or is similar to extent of mixing to the trademark or service mark of goods concerning which advertizing relevant requirements and restrictions, and also under the guise of advertizing of the manufacturer or the seller of such goods are established;

4) is the act of unfair competition according to the antitrust law.

3. Advertizing which contains the untrue data is recognized doubtful:

1) about benefits of the advertized goods before the goods which are in circulation which are made by other manufacturers or are implemented by other sellers;

2) about any characteristics of goods, including about its nature, structure, method and date of production, assignment, consumer properties, about conditions of use of goods, about the place of its origin, availability of the certificate of conformity or declaration of conformity, marks of conformity and market access marks, service life, goods expiration dates;

3) about assortment and about picking of goods, and also about possibility of their acquisition in certain place or during certain term;

4) about the cost or the price of goods, procedure for its payment, the size of discounts, rates and other conditions of purchase of goods;

5) about delivery conditions, exchange, repair and servicing of goods;

6) about warranty obligations of the manufacturer or seller of goods;

7) about exclusive rights on results of intellectual activities and means of individualization of the legal entity, means of individualization of goods equated to them;

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

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

10) about recommendations of physical persons or legal entities concerning subject of advertizing or about its approval by physical persons or legal entities;

11) about results of researches and testing;

12) about provision of the additional rights or benefits to the acquirer of the advertized goods;

13) about the actual size of demand for the advertized or other goods;

14) about production volume or sales of the advertized or other goods;

15) about rules and terms of carrying out tender, game or other similar action, including about dates of termination of order taking for participation in it, quantity of prizes or prizes by its results, terms, the place and procedure for their obtaining, and also about source of information on such action;

16) about rules and terms of holding the games based on risk, bet, including about quantity of prizes or prizes by results of holding the games based on risk, bet, terms, the place and procedure for receipt of prizes or prizes by results of holding the games based on risk, bet, about their organizer, and also about information source about the games based on risk, bet;

17) about source of information which is subject to disclosure according to the Federal Laws;

18) about the place in which to the conclusion of the service provision agreement interested persons can study information which shall be provided to such persons according to the Federal Laws or other regulatory legal acts of the Russian Federation;

19) about person which promised on security;

20) about the manufacturer or about the seller of the advertized goods.

4. Advertizing shall not:

To induce 1) to making of illegal actions;

To call 2) for violence and cruelty;

3) to have similarity to route signs or to otherwise threaten traffic safety of road, rail, water, air transport;

4) to create negative attitude to persons which are not using the advertized goods or to condemn such persons;

5) to contain information of pornographic nature.

5. In advertizing are not allowed:

1) use of foreign words and expressions which can lead to distortion of meaning of information;

2) specifying on the fact that subject of advertizing is approved by public authorities or local government bodies or their officials;

3) demonstration of processes of tobacco smoking or consumption of nikotinsoderzhashchy products and consumption of alcoholic products;

4) use of images of health and pharmaceutical workers, except for such use in advertizing of medical services, personal hygiene means, in advertizing which consumers are exclusively health and pharmaceutical workers, in the advertizing extended in venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar actions in the advertizing placed in the printing editions intended for health and pharmaceutical workers;

5) specifying on the fact that the advertized goods are made with use of fabrics of embryo of the person;

6) specifying on medicinal properties, that is positive influence on course of disease, subject of advertizing, except for such specifying in advertizing of medicines, medical services, including methods of prevention, diagnostics, treatment and medical rehabilitation, medical products;

7) specifying on the fact that subject of advertizing can be used for the purpose of misstatement of indications of metering devices of the used waters, natural gas, heat energy, electrical energy.

6. In advertizing use of swear words, obscene and offensive images, comparisons and expressions, including in respect of floor, race, nationality, profession, social category, age, language of man and citizen, official state characters (flags, the coats of arms, anthems), religious characters, objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, and also objects of cultural heritage included in the List of the world heritage is not allowed.

7. Advertizing in which there is no part of essential information on the advertized goods, about conditions of its acquisition or use is not allowed if at the same time the sense of information is distorted and consumers of advertizing are misled.

7.1. In advertizing of goods and other subjects of advertizing cost indicators shall be specified in rubles, and in case of need can be in addition specified in foreign currency.

8. Advertizing of goods concerning which rules of use, storages or transportations or regulations of application are in accordance with the established procedure approved shall not contain the data which are not corresponding to such rules or regulations.

9. Are not allowed use in radio - TV, video, audio-and cinema products or in other products and distribution of the embedded advertizing, that is advertizing which makes the impact which is not realized by consumers of advertizing on their consciousness, including such impact by use of custom video inserts (double sound recording) and different ways.

10. Advertizing in the textbooks, education guidances, other educational literature intended for training of children in the main educational programs of the primary general, main general, secondary general education, school diaries, school notebooks is not allowed.

10.1. Advertizing of the information products which are subject to classification according to requirements of the Federal Law of December 29, 2010 No. 436-F3 "About protection of children from information doing harm to their health and development" without specifying of category of these information products is not allowed.

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