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It is registered

Ministry of Justice

Russian Federation

On July 28, 2015 No. 38226

ORDER OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of June 1, 2015 No. 405/15

About approval of procedure for confirmation of conformity of national products of mass media to the requirements established in the Federal Law "About Advertising"

According to part 14.1 of article 14 of the Federal Law of 13.03.2006 No. 38-FZ "About advertizing" (The Russian Federation Code, 2006, No. 12, Art. 1232; 2009, No. 52, Art. 6430; 2011, No. 30, Art. 4566; 2014, No. 30, Art. 4265, 4271; No. 45, Art. 6148; 2015, 6, of the Art. 883) I order to No.:

1. Approve the Procedure for confirmation of conformity of national products of mass media to the requirements established in the Federal Law "About Advertising" according to appendix to this order.

2. To impose control of execution of this order on the deputy manager of A.B Federal Antimonopoly Service. Kashevarova.

Head

I.Yu.Artemyev

Appendix

to the Order of Federal Antimonopoly Service of the Russian Federation of June 1, 2015 No. 405/15

Procedure for confirmation of conformity of national products of mass media to the requirements established in the Federal Law "About Advertising"

1. This Procedure No. 38-FZ "About advertizing" is developed according to part 14.1 of article 14 of the Federal Law of 13.03.2006 (The Russian Federation Code, 2006, No. 12, Art. 1232; 2009, No. 52, Art. 6430; 2011, No. 30, Art. 4566; 2014, No. 30, Art. 4265, 4271; No. 45, Art. 6148; 2015, 6, the Art. 883) (further - the Federal Law "About Advertising") is also used No. in case of assessment of products of mass media distributed on TV channels, access to which is provided only on paid basis and (or) using the decoding technical devices, regarding its reference to national products of mass media for the purposes of implementation of the state supervision of observance of requirements of the legislation of the Russian Federation on advertizing.

2. Products of TV channel, access to which is provided only on paid basis and (or) using the decoding technical devices, are subject to assessment, - separate release of TV channel, TV program, the film chronicle program, circulation or part of circulation of video of the program.

3. National products of mass media products in Russian or other languages of the people of the Russian Federation or in foreign language (if these products are intended for the Russian mass media), which is made by citizens of the Russian Federation, and (or) the organizations registered in accordance with the established procedure in the territory of the Russian Federation are recognized, and (or) by request of the Russian mass media and the Russian investments in which production constitute at least than fifty percent.

As national products of mass media also products of the mass media created according to international treaties of the Russian Federation are recognized.

Activities for transfer, duplication, subtitling of products of foreign mass media are not recognized production of national products of mass media.

4. Assessment of products of mass media regarding its reference to national products of mass media is performed by antimonopoly authority within carrying out scheduled or unscheduled inspections of observance of requirements of the legislation of the Russian Federation on advertizing according to article 35.1 of the Federal law "About Advertising", the order of the Government of the Russian Federation of 20.12.2012 No. 1346 "About approval of the Regulations on the state supervision in the field of advertizing" (The Russian Federation Code, 2012, No. 52, the Art. 7519), the order of FAS Russia of 04.06.2012 No. 360 "About approval of administrative regulations of Federal Antimonopoly Service on execution of the state function on supervision of compliance with law about advertizing by conducting checks of compliance with law of the Russian Federation about advertizing" (it is registered by the Ministry of Justice of the Russian Federation 25.07. 2012, registration No. 25019) with the changes made by the order of FAS Russia of 10.04.2013 No. 241/13 (30.05.2013, registration No. 28588) is registered by the Ministry of Justice of the Russian Federation.

5. The amount of national products of mass media on air of TV channel, access to which is provided only on paid basis and (or) using the decoding technical devices, for the checked period is calculated, proceeding from time of the actual broadcasting of TV channel within a day. The checked period is determined by antimonopoly authority when conducting check of observance of requirements of the legislation of the Russian Federation on advertizing, in the whole days. The checked period is determined by separate dates or the range of dates.

6. For the purpose of evaluating products of mass media regarding its reference to national products of mass media, when conducting check of observance of requirements of the legislation of the Russian Federation on advertizing the antimonopoly authority researches the following documents and materials:

- the register with the list of the transfers which aired;

- telerecording, telecasts and other products of mass media which aired during the checked period;

- the information about producers of products of mass media which aired during the checked period including the data confirming nationality of physical persons, and place of registration of legal entities;

- the information about persons who provided means for production of mass media, aired during the checked period, including the confirming nationalities of physical persons, and place of registration of legal entities, in case of production of mass media by request of the Russian mass media;

- data on reference of person which ordered production of mass media, aired during the checked period, to the mass media registered in the Russian Federation;

- agreements, financial records, including the payment orders confirming the volume of investment of citizens of Russia, the USSR, RSFSR or the legal entities registered in the territory of the Russian Federation (founded in accordance with the established procedure in the territory of the USSR, RSFSR), in total amount of investments into production of mass media, aired during the checked period (if products of mass media are made by person who is not the citizen of Russia, the USSR, RSFSR or the legal entity registered in the territory of the Russian Federation (founded in accordance with the established procedure in the territory of the USSR, RSFSR), by request of the mass media registered in Russia, the USSR, RSFSR);

- data on creation of TV channel, access to which is provided only on paid basis and (or) using the decoding technical devices, according to international treaties of the Russian Federation.

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