Post-Soviet Media Law & Policy Newsletter
Issue 23 Benjamin
N. Cardozo School of Law November 27, 1995
Text of Russian Federation Advertising Law
The following is an edited text of the law adopted
by the State Duma on June 14, 1995, Federal Act No. 108–FZ.
Chapter I General
Article 1. Objectives and Sphere of
Application of the Present Federal Act
1. The present Federal Act shall regulate relations
arising in the process of production, allocation and circulation of advertising
on the markets of goods, works and services (hereinaf ter “goods”) of the
RF, including the markets of banking, insurance and other services involving
the use of the money resources of citizens (natural persons) and legal
persons, and also on the markets of securities.
The objectives of the present Federal Act shall be protection
from unfair competition in the sphere of advertising, prevention and curtailment
of improper advertising capable of mis leading consumers of advertising
or inflicting harm on the health of citizens, on the property of citizens
or legal persons, on the environment, or damaging the honor, dignity and
business reputation of the aforesaid persons, and also advertising infringing
on public interests, on the principles of humanism and morality.
2. The present Federal Act shall also be applied where acts
performed outside the RF by RF legal persons or citizens in the sphere
of advertising result in restraint of competition, mis lead legal or natural
persons in RF territory or entail other negative consequences on the goods
markets of the RF.
4. The present Federal Act shall not apply to political
5. The present Federal Act shall not apply to advertisements
by natural persons, includ ing advertisements in the mass media, which
are not connected with the conduct of entrepreneurial activity.
Article 2. Basic Concepts
improper advertising—unfair, unreliable,
unethical, deliberately false and other adver tising which allows breaches
of requirements on its content, time, place and way of circulation, as
established by RF legislation; . . . .
counter-advertising—refutation of improper advertising
circulated with the object of eliminating its consequences; . . . .
Chapter II General and Special Requirements
Article 5. General Requirements on Advertising
1. Advertising must be readily cognizable, without,
that is, special knowledge or without the applica tion of technical devices
precisely directly as advertising at the time of its presentation, irrespective
of the form or of the medium of circulation used.
Use in radio, television, video, audio and cinema products,
and also in printed matter of a non- advertising nature of deliberate efforts
to draw the attention of consumers of advertising to a concrete make (model,
item) of goods or to the maker, performer or vendor in order to cre ate
and maintain an interest therein, without due announcement thereof in advance
(notably, by means of express designation of advertising) shall not be
Where radio, television, video, audio and cinema products,
and also printed matter are circulated in parts (installments), the identification
of advertising must also be repeated in accordance with the number of the
Mass media organizations shall be prohibited from charging
payment for the insertion of advertising in the guise of information, editorial
or author’s material.
2. Advertising in RF territory shall be circulated in the
Russian language and, at the dis cretion of the advertisers, additionally
in the state languages of the republics and native languages of the peoples
of the RF. This provision shall not apply to radio broadcasting, televi
sion broadcasting or printed media rendered exclusively in the state languages
of the republics, the native languages of RF peoples, and foreign languages,
and also to registered trademarks (service marks).
6. Advertising must not be an inducement to action in
breach of environmental legislation.
Article 6. Unfair Advertising
Advertising shall be deemed unfair which:
— discredits legal and natural persons for not making
use of the advertised goods;
— contains incorrect comparisons of the advertised goods
with goods of other legal or natural persons, and also contains statements
or images denigrating the honor, dignity or busi ness reputation of a competitor;
— misleads consumers with respect to the advertised
goods by means of imitation (copying) or the general project, text, advertising
formulas, images, musical or sound effects used in the advertising of other
goods, or by means of abuse of the confidence of natural persons or their
lack of experience or knowledge, including that bearing on the absence
in the advertising of a part of the essential information.
Unfair advertising shall not be allowed.
Article 7. Misleading Advertising
Misleading advertising shall be deemed that which
contains information not in accord with the actual facts with respect to:
— such characteristics of the goods as their nature, contents, way
and date of manufacture, purpose, consumer availability of the goods on
the market, possibilities for acquisition thereof in the stated volume,
period of time and place;
Misleading information shall not be allowed.
— price of goods at the time of advertising campaign;
— additional payment conditions;
— terms of delivery, exchange, return, repair and service of the goods;
— warranty obligations, service period, shelf life/best- before date;
— exclusive rights to the results of intellectual activity and means of
individualization of legal person, individualization of products, performed
works or rendered services equated thereto;
— rights to use state symbols (flags, emblems, hymns), and also symbols
of international organizations;
— official recognition, receipt of medals, prizes, diplomas, and other
— provision of information on ways of acquisition of the full series of
products, where the product is part of a series;
— results of research and testing, scientific terms, quotations from technical,
scientific and other publications;
— statistical data, which must not be presented in a form exaggerating
the substantiation thereof;
— references to any recommendations or to approval by legal or natural
persons, including obsolete ones;
— use of terms in the superlative form, including use of words such as
“most”, [only”, “best”, “absolute”, “unique”, and the like, where these
cannot be borne out in documentary form;
— comparison with other goods, and also with the rights and status of other
legal or natural persons;
— references to any guarantees given to the consumer of advertised goods;
—actual proportions of demand for the goods;
— information on the advertiser himself.
Article 8. Unethical Advertising
1. Unethical advertising shall be deemed that which:
— contains textual, visual and audio information violating the generally
accepted norms of humanism and morality by making use of abusive words,
comparisons, images with respect to race, nationality, profession, social
category, age group, sex, language, religious, philosophical, political
and other views of natural persons;
Unethical advertising shall not be allowed.
— denigrates art objects constituting national or world cultural heritage;
— denigrates state symbols (flags, emblems, hymns), the national currency
of the RF or another state, or religious symbols;
— denigrates any natural or legal person, any pursuit, profession or product.
2. Any natural or legal person who becomes aware of
the production or circulation of adver tising containing information denigrating
his honor, dignity or business reputation shall be entitled to apply for
protection of violated rights, respectively, to court of law or court of
arbi tration, in the manner specified by RF legislation, and shall also
be entitled to demand of the advertiser a refutation of such advertising
in the same manner in which it was circulated, where the advertiser fails
to do so voluntarily.
Article 9. Deliberately False Advertising
Deliberately false advertising shall be deemed that
by means of which the advertiser (producer of advertising, advertising
agent) deliberately misleads consumers of advertising.
Deliberately false advertising shall not be allowed.
Article 10. Subliminal Advertising
Use in radio, television, video, audio and cinema
products, and also in other products and circulation in other ways of subliminal
advertising, that is, advertising with an effect on the consumer’s perception
of which he is unconscious, including the use of special video insertions
(dual sound recordings) and in other ways, shall not be allowed.
Article 11. Specifics of Advertising in Radio
and TV Programs
1. In radio and television programs, interruptions
by advertising shall not be allowed in:
— children’s and religious broadcasts;
2. Where advertising is used in the form of superposition,
including the “running line” method, its size should not exceed seven percent
of the sequence area.
— educational broadcasts more than once in 15 minutes, and then for a period
of not over 45 seconds;
— radio plays and feature films without the consent of the owners of rights
— live broadcasts per schedule required by the RF Act on the Rules of Presenting
the Activity of the Organs of State Power in the State Mass Media;
— more than twice in broadcasts running for less than 15 minutes;
— other broadcasts running from between 15 to 60 minutes, more than twice.
3. Advertising of one and the same product, and equally
circulation of advertising about the advertiser itself may not be done
more than twice with a total duration of not more than two minutes during
one hour of air time of radio or television program on one broadcast frequency.
4. In radio and television programs not registered as specializing
in reports and mate rials of an advertising nature, advertising must not
exceed 25 percent of the volume of broadcasting during 24 hours.
Article 12. Specifics of Advertising in Printed
In printed periodicals not specializing in advertising
reports and materials, advertising must not exceed 40 percent of the volume
of one issue of a printed periodical.
Article 13. Specifics of Advertising in Cinema
and Video Services and in Reference Services
1. Interruption by advertising of the showing of
a film, with the exception of interruption between parts, in cinema and
video services shall not be allowed.
2. In reference telephone services, advertising may
be presented only after communica tion of the information (reference) requested
by the subscriber.
3. In fee- paying reference telephone, computer and
other services, advertising may be presented only with the consent of the
subscriber. The cost of such advertising must not be included in the cost
of the references requested by the subscriber.
Article 15. Specifics of Advertising on Transport
Vehicles and Postal Mailings
1. Circulation of advertising on transport vehicles
shall be effected under contract with the owners of the transport vehicles
or with the persons possessing real rights to the transport vehicles, unless
law or contract provides otherwise with respect to the persons possessing
real rights to this property.
Cases of restriction or prohibition of circulation of
advertising on transport vehicles with the object of ensuring the safety
of traffic shall be determined by authorized agencies vested with control
of the safety of traffic.
2. Circulation of advertising on postal mailings shall
be effected only with the permis sion of the Federal organ of executive
power having matters of postal communication within its competence. The
rules for the issue of permits and the amount of charges therefor shall
be determined by the aforesaid organ. In the event, the charge shall not
exceed the costs of issue of permits for the circulation of advertising.
The charge shall be paid into the Federal budget to the full extent.
Article 16. Specifics of Advertising of Certain
Types of Goods
1. The advertising of alcoholic drinks, tobacco
and tobacco products circulated in any way whatsoever must not:
— contain a demonstration of the processes of smoking or consumption
of alcoholic drinks, or create the impression that consumption of alcohol
or smoking is of great importance for the achievement of public, athletic
or other success or for improvement of one’s physical or mental state;
Circulation of advertising of tobacco and tobacco
products must in all cases be accom panied by a warning on the harm of
smoking, so that in radio and television programs this warning is given
at least three seconds of air time, and in the circulation of advertising
in other ways—at least 5 percent of the advertising area (space).
— discredit abstention from consumption of alcohol or from smoking, contain
information on the positive therapeutic properties of alcohol, tobacco
and tobacco products, or present their high content in a product as an
— address itself directly to minors or use images of natural persons
under the age of 35 years, statements or participation by persons enjoying
popularity among minors and persons under the age of 21 years;
— be circulated in radio and television programs from 7.00 hours to
22.00 hours local time;
— be circulated in any form in radio and television broadcasts, during
cinema and video service or in printed publications for minors;
— be circulated on the first and last pages of newspapers, or on the first
and last pages and covers of magazines and journals;
— be circulated in children’s educational, medical, sports or cultural
organizations, or in the vicinity of less than 100 meters therefrom.
2. Advertising of medicines, medical- purpose items
or medical hardware in the absence of a permit for the manufacture and/or
sale thereof, and also advertising of methods of treat ment, prophylactics,
diagnostics or rehabilitation in the absence of a permit for the rendering
of such services issued by the Federal organ of executive power in the
field of public health shall not be allowed, notably where patents for
inventions in the aforesaid field are received.
Advertising of medicinal preparations issued on doctor’s
prescription, and also advertis ing of medical- purpose items and medical
hardware whose use requires special training shall be allowed with due
account of the requirements specified in paragraph one of the present Clause,
only in printed editions intended for medical and pharmaceutical workers.
3. Advertising of all types of weapons, armaments and military
hardware shall not be allowed, with the exception of the advertising of
combat and service weapons, armaments and military hardware entered on
the schedule of military- purpose products whose export from and import
into the RF is effected under license, and also of permitted civilian weapons,
including hunting and sports weapons.
No advertising shall be allowed of permitted civilian
weapons, armaments and military hardware entered on the schedule of military-
purpose products whose export from and import into the RF is effected under
license, where the aforesaid advertising discloses, directly or indi rectly,
the technology of production, ways of combat and special use of the weapons,
armaments and military hardware.
Circulation of advertising of permitted civilian weapons,
including hunting and sports weapons, shall be allowed only in printed
periodicals specializing in the circulation of advertis ing, and also in
other printed periodicals intended for users of permitted civilian weapons,
and in places of application of hunting and sports weapons.
Circulation of advertising of permitted civilian weapons
in the electronic mass media shall be allowed only after 22.00 hours local
Advertising of combat and service weapons, and also
of armaments and military hard ware entered on the schedule of military-
purpose products whose export from and import into the RF is effected under
license shall be allowed only in the publications specified in the RF Weapons
Act, and also at specialized expositions or at fairs and sales held in
the manner estab lished by the RF Government.
Article 17. Specifics of Advertising of Financial,
Insurance and Investment Services and Securities
In the production, allocation and circulation of
advertising of financial (including bank ing), insurance and investment
services and other services involving the use of monetary funds of legal
and natural persons, and also securities, the following shall not be allowed:
— statement in advertising of quantitative information not directly
relevant to the advertised services or securities;
Article 18. Public service advertising
— guarantee of the amount of dividends on ordinary inscribed shares;
— advertising of securities prior to registration of prospectuses of their
— assurances as to any kind of guarantees, promises or anticipations concerning
the future effectiveness (profitability) of activity, including announcement
of growth of the quoted value of the securities;
— failure to state any of the terms and conditions of a contract where
the advertising sets forth the terms and conditions of the contract.
1. Public service advertising shall represent social
and state interests and shall be aimed at attaining charitable objectives.
Public service advertising must make no mention of commercial
organizations or individual entrepreneurs, or of any concrete brands (models,
items), or of the brands (models, items) of goods which are the result
of entrepreneurial activity of noncommercial organizations.
2. Profit- free activity of legal and natural persons
in the production and circulation of public service advertising, transfer
of one’s property, including monies, to other legal and natural per sons
for the production and circulation of public service advertising shall
be deemed charitable activity and shall enjoy the benefits held out by
3. Advertising agents which are mass media organizations
shall have the duty to allocate public service advertising made available
by advertisers, within the limits of five percent of the annual air time
(basic printed area) used within the limits established for advertising
by RF legislation on advertising.
Advertising agents which are not mass media organizations
shall have the duty to allocate public service advertising within the limits
of five percent of the annual value of the services entered by them in
the circulation of advertising.
Producers of advertising shall have the duty to render
services in the production of public service advertising within the limits
of five percent of their annual advertising output.
The conditions pertaining to the time of allocation
and medium of circulation of public service advertising proposed by advertisers
shall be mandatory for advertising agents, where the adver tiser applies
to the advertising agent not later than one month prior to the expected
date of circulation of the public service advertising.
Payment for the production, allocation and circulation
of public service advertising shall be made under contract.
Where the volume of orders for the production, allocation
and circulation of public service advertising is greater than the limits
established for such advertising in air time, basic printed space, volume
of production, allocation and circulation, and in the event of disputes,
priority in the production, allocation and circulation of public service
advertising shall be determined in the sequence in which advertisers’ offers
are received by the producer of advertising and by the advertising agent.
4. Any acts of the producers of advertising and advertising
agents impeding the produc tion, allocation and circulation of public service
advertising within the limits established in Clause 3 of the present Article
shall not be allowed. Where such acts are committed, these shall be subject
to appeal in court of law, in the established manner.
Article 19. Sponsorship
Sponsorship, for the purposes of the present Federal
Act, shall be taken to mean the making of a contribution by a legal or
natural person (sponsor) (in the form of provision of properties, results
of intellectual activity, rendering of services or performance of works)
to the activity of another legal or natural person (sponsored person) on
the condition of circulation by the sponsored person of advertising about
the sponsor and his goods.
Sponsor contribution shall be taken to mean payment
for advertising, with the sponsor and the sponsored person, respectively,
acting as advertiser and advertising agent.
The sponsor shall not be entitled to interfere in the
activity of the sponsored person.
Article 20. Protection of Minors in Production,
Allocation and Circulation of Advertising
1. In the production, allocation and circulation
of advertising, with the object of protec tion of minors against abuse
of their credulity and lack of experience, the following shall not be allowed:
— discrediting of the authority of parents and educators, or undermining
of minors’ trust in them;
2. Textual, visual or audio use of images of minors
in advertising not directly relevant to goods for minors shall not be allowed.
— direct inducement of minors to convince parents or other persons to purchase
the adver tised goods;
— efforts to draw the attention of minors to the suggestion that possession
of various goods gives them any advantages over other minors or that the
absence of such goods has the opposite effect;
— allocation in advertising of textual, visual or audio information showing
minors in haz ardous places and situations;
— understatement of the requisite level of skill in the use of the goods
among minors. In the event, where the results of use of the goods are shown
or described, the advertising must give information on what is actually
attainable for minors of the age group for which the goods are intended;
— creation among minors of unrealistic (distorted) notion of the value
(price) of the goods for minors, notably through the use of words like
“only” and “no more than”, and also by direct or indirect suggestion that
the advertised goods are within the reach of any family budget.
Chapter III Rights and Duties of Advertisers,
Producers of Advertising and Advertising Agents, Storage Periods for Materials
Article 23. Duty of Producers of Advertising
to Inform Advertisers of Any Circumstances Which May Result in Breach of
RF Legislation on Advertising
The producer of advertising shall have the duty
to inform the advertiser, in good time, that compliance with the latter’s
requirements in the production of advertising may result in a breach of
RF legislation on advertising.
Where the advertiser, despite the timely and valid warning
on the part of the producer of advertising, fails to alter his requirement
(requirements) on the advertising or fails, on the demand of the producer
of advertising, to provide documentary confirmation of the authenticity
of the information submitted for the production of advertising, or fails
to remove other circum stances which could make the advertising improper,
the producer of advertising shall be entitled, in the established manner,
to rescind the contract and to demand full compensation of losses, unless
the contract provides otherwise.
Article 24. Provision of Information to the
Organs of Executive Power
Advertisers, producers of advertising and advertising
agents shall have the duty, on the demand of Federal organs of executive
power (their territorial agencies) vested with control of compliance with
RF legislation on advertising, to provide, within the established period,
docu ments, explanations in oral or written form, video or audio recordings,
and also other information required for the exercise of the powers specified
in the present Federal Act.
Chapter IV State Control and Self- Regulation
Article 26. Powers of the Federal Antimonopoly
Agency in State Control of Advertising
1. The Federal antimonopoly agency (its territorial
agencies) shall exercise, within the limits of its competence, state control
of compliance with RF legislation on advertising. This agency (its territorial
— anticipate and enjoin of improper advertising allowed by legal and
2. The Federal antimonopoly agency (its territorial
agencies) shall be entitled to bring action in court of law or court of
arbitration, including action in the interests of an unspecified circle
of consumers of advertising, in view of breach by advertisers, producers
of advertising and advertising agents of RF legislation on advertising,
and for declaration as invalid of trans actions connected with improper
— send to advertisers, producers of advertising and advertising agents
directives on ending breaches of RF legislation on advertising and decisions
on corrective advertising;
— direct materials on breaches of RF legislation on advertising to license-
issuing agencies to settle the matter of suspension or cancellation before
the due date of a license for performance of a given type of activity;
— direct to the agencies of the procurator’s office and other law- enforcement
agencies, according to subordination thereof, materials for settlement
of the question of criminal prosecu tion on the indicia of crime in the
field of advertising.
3. In bringing in an action in court of law or court
of arbitration, the Federal antimo nopoly agency and its territorial agencies
shall be exempted from the payment of state duty.
4. Federal organs of executive power authorized under
RF legislation to exercise, within the limits of their competence, functions
in the protection of the rights of consumers and in cut ting short unfair
competition, shall be entitled to conclude with advertisers, producers
of advertising and advertising agents agreements on compliance by the latter
with the rules and customs of advertising practice.
Article 27. Right of Access to Information
1. Employees of the Federal antimonopoly agency
(its territorial agencies) shall have the right, with the object of exercising
the functions vested in this agency in the control of compli ance with
RF legislation on advertising, of unimpeded access to all the requisite
documents and other materials of advertisers, producers of advertising
and advertising agents.
2. Information constituting a commercial secret and
obtained by persons specified in Clause 1 of the present Article shall
not be subject to disclosure.
In the event of disclosure of information constituting
a commercial secret, the losses caused thereby shall be subject to compensation
by the Federal antimonopoly agency (its terri torial agencies), in the
manner established by legislation.
3. The persons specified in Clause 1 of the present
Article shall be allowed to enter organizations carrying on activity connected
with the use of information constituting state secret, in the manner established
by RF legislation.
Article 28. Rights of Agencies of Self- Regulation
1. Public organizations, associations and unions
of legal persons acting as agencies of self- regulation in advertising
— be involved in participation in the working out of requirements on
advertising, including draft laws and other normative legal enactments;
2. The agencies of self- regulation in advertising shall
be entitled to bring action in court of law or court of arbitration, in
the established manner, in the interests of consumers of adver tising,
including the interests of an unspecified circle of consumers of advertising,
in the event of breach of their rights, as specified by RF legislation
— carry out independent expert examination of advertising with the object
of establishing its compliance with the requirements of RF legislation
on advertising and shall forward the respective recommendations to advertisers,
producers of advertising and advertising agents;
— be involved by the Federal antimonopoly agency (its territorial agencies)
in the exercise of control of compliance with RF legislation.
Where action brought on the part of an unspecified circle
of consumers of advertising is satisfied, court of law or court of arbitration
shall put on the offender the duty to bring the deci sion of the court
of law or court of arbitration to the knowledge of the aforesaid consumers
through the mass mediator in other ways, within the period established
by the court.
Chapter V Corrective advertising and Liability
for Improper Advertising
Article 29. Corrective advertising
1. Where a breach of RF legislation on advertising
is established as a fact, the offender shall have the duty to effect corrective
advertising, within the period established by the Federal antimonopoly
agency or its territorial agency which ordered the corrective advertising.
In the event, the offender shall be liable for the expenditures in corrective
advertising to the full extent.
2. Where the offender has failed to effect corrective
advertising within the established period, the Federal antimonopoly agency
or its territorial agency which ordered the counter- advertising shall
be entitled to take a decision on full or partial suspension of the offender’s
advertising, until the day on which the circulation of the corrective advertising
is com pleted.
In the event, the agency which took the decision on
the full or partial suspension of the offender’s advertising shall have
the duty to serve notice, without delay, on all the parties to contracts
with the offender for the production, allocation and circulation of his
3. Corrective advertising shall be effected by means
of the same medium of circulation, with the use of the selfsame characteristics
of duration, space, place and priority as in the improper advertising being
refuted. The content of corrective advertising shall be agreed with the
Federal antimonopoly agency or its territorial agency which established
the breach as a fact and which took the respective decision on the correction
In certain cases, by decision of the Federal antimonopoly
agency or its territorial agency which took the decision on effecting corrective
advertising, substitution of the medium of circula tion, characteristics,
duration, space, place and priority in effecting the corrective advertising
shall be allowed.
Article 30. Liability of Advertiser, Producer of Advertising and Advertising
The advertiser shall bear liability for breach of
RF legislation on advertising in the part containing the information supplied
for the creation of advertising, unless it is proved that the aforesaid
breach occurred through the fault of the producer of advertising or the
The producer of advertising shall bear liability for
breach of RF legislation on advertis ing in the part of the design, production
and preparation of advertising.
The advertising agent shall bear liability for breach
of RF legislation on advertising in the part pertaining to the time, place
and medium of allocation of advertising.
Article 31. Liability for Breach of RF Legislation
1. Legal persons or citizens (advertisers, producers
of advertising and advertising agents) shall bear, for breach of RF legislation
on advertising, civil- law liability, in conformity with RF legislation.
The persons whose rights and interests are violated
as a result of improper advertising shall be entitled to bring action,
in the established manner, in court of law of court of arbitration, including
action for compensation of losses, and also benefits forgone, compensation
of harm caused to health and property, compensation of moral damage, and
for refutation of improper advertising.
Plaintiffs in action for compensation of damage caused
by improper advertising to health, property, honor, dignity and business
reputation shall be exempted from the payment of state duty.
2. Improper advertising, or rejection of corrective
advertising, or non- submission, within the established period, of information
on the demand of the Federal antimonopoly agency (its territorial agency)
shall entail administrative liability in the form of a warning or a fine
in the amount of up to 200 times the statutory minimum monthly wage, as
established by Federal law.
Improper advertising performed repeatedly during one
year after the imposition of administrative penalty for the selfsame actions
shall entail criminal liability, in conformity with RF legislation.
Deliberately false advertising performed with the object
of obtaining profit (gain) and causing essential damage to state or public
interests or to the legitimate rights and interests of citizens shall entail
criminal liability, inconformity with RF legislation.
3. The Federal antimonopoly agency (its territorial
agencies) shall be entitled to impose fines on advertisers, producers of
advertising and advertising agents for nonfulfillment, in due time, of
directives to end breaches of RF legislation on advertising and decisions
on effecting corrective advertising, in the amount of up to 5,000 times
the statutory minimum monthly wage, as established by Federal law.
The sum of fine paid by the advertiser, producer of
advertising or advertising agent, in conformity with the present Federal
Act, shall be entered into the respective budgets, in the fol lowing proportion:
40 percent—into the Federal budget;
60 percent—into the budget of the RF subject in whose
territory the legal person or individual entrepreneur acting as advertiser,
producer of advertising or advertising agent is reg istered.
Collection of fine shall be made in court proceedings,
unless payment of a fine is made voluntarily.
Payment of fine shall not relieve the advertiser, producer
of advertising or advertising agent from fulfillment of the directive on
ending the breach of RF legislation on advertising or from fulfillment
of the decision on effecting corrective advertising.
4. The advertiser, producer of advertising or advertising
agent shall be entitled to appeal to court of law or court of arbitration
with an application to declare invalid, fully or in part, the directives
or decisions of the Federal antimonopoly agency (its territorial agency),
in conformity with RF legislation.
The filing of the aforesaid application shall not suspend
fulfillment of the directive or decision of the Federal antimonopoly agency
(its territorial agency), unless court of law or court of arbitration issues
a ruling to suspend fulfillment of the aforesaid acts.
Chapter VI Final Provisions
Article 32. International Treaties of the RF
Where an international treaty of the RF lays down
rules on advertising other than those provided for by the present Federal
Act, the rules of the international treaty shall apply.
Article 33. On Enactment of the Present Federal
1. The present Federal Act shall take effect from
the day of its official promulgation.
2. The effect of Clause 1 of Article 16 of the present
Federal Act with respect to adver tising of alcoholic drinks, tobacco and
tobacco products in TV programs shall be abolished from January 1, 1996,
and advertising of these goods in TV programs shall not be allowed from
that point in time on.
3. The RF President shall be invited to bring into conformity
with the present Federal Act the normative legal enactments issued by him.
4. The RF Government shall be authorized:
— to prepare proposals on bringing RF legislative acts into conformity
with the present Federal Act;
— to bring into conformity with the present Federal Act the normative legal
enactments of the RF Government.
Guarantees of Citizens’ Right to Protection
of Health in the Spread of Advertising
RF President’s Edict No. 161
February 17, 1995
Regarding the constitutional guarantees of protection
of the health of the RF population as the basis for ensuring active longevity
for each person, pending adoption of a Federal act on advertising, I hereby
1. Advertising in the mass media of the following shall
not be allowed:
— alcoholic drinks and tobacco products contrary to
the interests of protection of the health of citizens and in violation
of the requirements of part two of Article 19 of the Fundamentals of RF
Legislation on Protection of the Health of Citizens;
— methods of prophylactics, diagnostics, treatment,
medical technologies and medicinal preparations which have not been duly
tested or approved in the established manner, as prohib ited by part eight
of Article 43 of the Fundamentals of RF Legislation on the Protection of
the Health of Citizen;
— healers, ESP experts and other persons claiming to
be specialists in treatment by folk- medicine methods and other traditional
methods and not in possession of the requisite permits under Articles 56
and 57 of the Fundamentals of RF Legislation on Protection of the Health
— products subject to obligatory certification but not
having the appropriate certificate, in conformity with part four of Article
7 of the RF Certification of Goods and Services Act.
2. For the advertisements specified in Clause 1 of the
present Edict, the persons dis seminating, inserting and making advertisements
shall bear liability in conformity with Article 169 of the RF Civil Code,
and everything received by them under transactions involving such advertisements
shall be exacted into the revenue of the RF for the purposes of public
3. The organs of the procurator’s office, together with
the RF Ministry of Public Health and Medical Industry and public health
agencies of RF subjects, shall bring claims under law suits against the
editorial boards of the mass media and persons disseminating, inserting
and making advertisements, for exaction into the revenue of the RF for
the purposes of public health care of everything received by them under
transactions from advertisements disseminated in violation of the requirements
of RF legislation.
4. The RF government shall, within the period of three
— consider the matter of compliance with RF legislation
on the guarantees of citizens’ right to protection of health in the dissemination
and spread of advertising by the editorial boards of mass media and by
persons disseminating, inserting and making advertisements;
— establish the rules of use for the purposes of public
health care of the monies exacted into the revenue of the RF, in conformity
with Clause 2 of the present Edict.
5. The present Edict shall take effect upon its promulgation.