ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 24, 2020 No. 1922

About approval of Rules of consideration by antimonopoly authority of the proceedings initiated on signs of violation of the law of the Russian Federation about advertizing

According to part 9 of article 36 of the Federal law "About Advertising" Government of the Russian Federation decides:

1. Approve the enclosed Rules of consideration by antimonopoly authority of the proceedings initiated on signs of violation of the law of the Russian Federation about advertizing.

2. To Federal Antimonopoly Service till January 1, 2021 to develop and approve forms of the procedural documents provided by the Rules approved by this resolution.

3. This resolution becomes effective since January 1, 2021.

Approved by the Order of the Government of the Russian Federation of November 24, 2020 No. 1922

Rules of consideration by antimonopoly authority of the proceedings initiated on signs of violation of the law of the Russian Federation about advertizing

I. General provisions

1. These rules establish procedure for consideration by Federal Antimonopoly Service and its territorial authorities (further - antimonopoly authority) the proceedings initiated on signs of violation of the law of the Russian Federation about advertizing (further - case).

2. Proceedings are initiated and considered:

a) on the facts of distribution of the advertizing containing signs of violation of the law of the Russian Federation about advertizing;

b) on the acceptance facts federal executive bodies, executive bodies of subjects of the Russian Federation and (or) local government bodies of the acts contradicting completely or in part to the legislation of the Russian Federation on advertizing.

II. Jurisdiction of cases

3. Cases on the facts of distribution of the advertizing containing signs of violation of the law of the Russian Federation about advertizing are initiated and considered by territorial authority of Federal Antimonopoly Service in the location (residence) of person which actions contain signs of violation of the law of the Russian Federation about advertizing, except as specified, of 5 and 7 these rules specified in Items 4,.

4. Cases on the facts of distribution of the advertizing containing signs of violation of part 1 of article 18 of the Federal law "About Advertising" are initiated and considered by territorial authority of Federal Antimonopoly Service in the location (residence) of the legal entity or physical person which submitted the application in antimonopoly authority specifying signs of violation of the law of the Russian Federation about advertizing (further - the notice of infringement of the legislation).

5. In case of distribution of the advertizing containing signs of violation of the law of the Russian Federation about advertizing only in the territory subordinated to one territorial authority of Federal Antimonopoly Service, proceedings are initiated and considered in the place of distribution of such advertizing.

At the same time the territorial authority of Federal Antimonopoly Service shall inform in 5-day time on initiation of proceedings territorial authority of Federal Antimonopoly Service in the location (residence) of person against which proceedings are initiated.

6. If before initiation of proceedings or during its consideration it will be determined that the advertizing containing signs of violation of the law of the Russian Federation about the advertizing extends to the territories subordinated 2 and to more territorial authorities of Federal Antimonopoly Service, the territorial authority of Federal Antimonopoly Service which revealed such violation transfers the materials testimonial of violation of the law of the Russian Federation of advertizing, or case to territorial authority of Federal Antimonopoly Service in the location (residence) of person which actions contain signs of violation of the law of the Russian Federation about advertizing, or petitions before Federal Antimonopoly Service for investment with its powers on excitement and consideration of the case.

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