Federal Law "On Advertising"
from 13.03.2006 N 38-FZ (as adopted by the State Duma on 22.02.2006) (current
version)
Chapter 1. GENERAL PROVISIONS
Article 1. The objectives of this Federal Law
The goals of this Federal Law is the development of markets for goods and services on
the basis of the principles of fair competition in the Russian Federation to ensure the
unity of economic space, the realization of the rights of consumers to receive fair and
accurate advertising, creating favorable conditions for the production and dissemination
of social advertisements warning of violation of legislation Russian Federation on
advertising, as well as suppression of evidence of improper advertising.
(In the red. Federal Law of 03.06.2011 N 115-FZ)
(See the text in the previous edition)
Article 2. Scope of this Federal Law
1. This federal law applies to the relations in the field of advertising, regardless of place
of its production, if the distribution of advertising carried in the Russian Federation.
2. This federal law does not apply to:
A) political advertising, including campaigning and campaigning for a referendum;
2) information, disclosure or distribution or making available to the consumer which is
mandatory under federal law;
3) background information and analysis (review of internal and external markets, the
results of scientific research and testing), not having as main objective the promotion of
goods on the market and non-public service announcements;
4) reports of public authorities, other government agencies, local government posts,
messages, municipal bodies, which are not included in the structure of local
government, if such communications do not contain information of an advertising
nature, and are not public service announcements;
5) signs and signs that do not contain information of an advertising nature;
6) announcements of individuals or legal persons who are not related to business
activities;
7) information about a product, its manufacturer, an importer or exporter, posted on the
product or its packaging;
8) any design elements of the goods placed on the product or its packaging and is not
related to another commodity;
9) mentions of the product, the means of its individualization of the manufacturer or the
seller of the goods, which are seamlessly integrated into the work of science, literature
or art in and of themselves are not advertising information.
3. The provisions of this Federal Law concerning the manufacturer of the goods, shall
also apply to persons performing work or providing services.
4. Special requirements and restrictions established by this Federal Law on advertising
of certain goods shall also apply to advertising of individualization of such goods, their
manufacturers or vendors, except if the advertising of individual customization of the
goods, the manufacturer or seller clearly does not apply to goods with regard to
advertising which this federal law has special requirements and restrictions.
Article 3. The basic concepts used in this Federal Law
For purposes of this Federal Law the following basic concepts:
1) Advertising - information distributed in any way, in any form or by any means,
addressed to the general public and aimed at drawing attention to the subject of
advertising, the establishment or maintenance of interest to him and his progress in the
market;
2) the object of advertising - the goods, means of individualization of a legal entity, and
(or) product, the manufacturer or seller of the goods, the results of intellectual activity or
event (including a sporting event, concert, contest, festival, risk-based games and
betting) on ??the involvement of who directed attention to the ads; (In the red. Federal
Law of 07.05.2009 N 89-FZ) (See the text in the previous edition)
3) The product - a product of the activities (including work, service), intended for sale,
exchange or otherwise introducing into circulation;
4) improper advertising - advertising that does not meet the requirements of the
legislation of the Russian Federation;
5) The sponsor - the manufacturer or seller of goods or otherwise define the object of
advertising and (or) the content of the advertising face;
6) The advertisement - a person who carries out all or part of bringing the information
ready for dissemination in the form of advertising form;
7) The advertisement - person in the dissemination of advertisements in any way, in any
form or by any means;
8) consumer advertising - the person on whom to draw attention to the object of
advertising is directed advertising;
9) Sponsor - the person providing funds or ensure the provision of funds for the
organization and (or) the conduct of sports, cultural or any other event, the creation and
(or) broadcast television or radio programs or the creation and (or) use the result of a
creative activity;
10), sponsor advertising - advertising is distributed under the mandatory mention of it
about a particular person as a sponsor;
11) PSAs - information distributed in any way, in any form or by any means, addressed
to the general public and aimed at the achievement of charitable and other socially
useful purposes, as well as the interests of the state;
12) antimonopoly authority - the federal antimonopoly authority and its territorial
bodies.
Article 4. Legislation of the Russian Federation on advertising
Legislation of the Russian Federation on advertising consists of this Federal Law.
Relations arising in the process of production, distribution and dissemination of
advertising may be regulated and approved in accordance with this Federal Law and
other federal laws, normative legal acts of the President of the Russian Federation,
normative legal acts of the Government of the Russian Federation.
Article 5. General Requirements for Advertising
A. Advertising must be honest and truthful. Unfair advertising and false advertising is
not allowed.
2. Recognized as unfair advertising, which is:
1) contains incorrect comparison of the advertised goods with the goods in circulation,
which are produced by other manufacturers or sold by other sellers;
2) denigrates the honor, dignity or business reputation of individuals, including those of
a competitor;
3) is the advertising product, advertising is banned in this way, at this time or in this
place, if it is carried out under the guise of advertising of another product, trademark or
service mark which is identical or similar to the point of confusion with the trademark or
service mark of the goods, in respect of advertising which are set corresponding to the
requirements and limitations, as well as advertising under the guise of the manufacturer
or seller of such goods;
4) an act of unfair competition under the antitrust laws.
3. Recognized as false advertising that contains false information:
1) the benefits of the advertised goods before the goods in circulation, which are
produced by other manufacturers or sold by other sellers;
2) the characteristics of any product, including its nature, composition, method and date
of manufacture, prescription, consumer characteristics, the conditions of the goods, the
place of its origin, a certificate of conformity or a declaration of conformity, conformity
marks and signs of circulation in the market timing service, expiry dates of goods;
3) the range and configuration of goods, as well as the possibility of their acquisition in a
particular place or within a certain period;
4) the cost or price of goods, the manner of its payment, the amount of rebates, tariffs
and other conditions of purchase;
5) the terms of delivery, exchange, repair and maintenance of goods;
6) the warranty of the manufacturer or seller of the goods;
7) for exclusive rights to intellectual activity and equalized to them means of
individualization of a legal entity, means of identification of the goods;
8) the rights to the use of official state symbols (flags, emblems, hymns) and the
character of international organizations;
9) an official or public recognition of the receipt of medals, prizes, diplomas or other
awards;
10) on the recommendations of the persons or entities with respect to the object of
advertising, or its approval of the person or entity;
11) the results of research and testing;
12) to grant additional rights or benefits to the acquirer of the goods advertised;
13) on the actual amount of demand for the advertised product or another;
14) on the volume of production or sale of a product being advertised;
15) of the rules and timing of incentive lottery, contest, game or other similar events,
including the timing of the deadline to participate in it, the number of prizes or winnings
to the results, date, place and manner of their production, as well as source of
information on this event;
16) of the rules and dates of gambling, betting, including the number of prizes or
winnings on the results of risk-based gaming and betting, date, place and procedure of
the prizes or winnings on the results of risk-based gaming and betting , their organizer,
as well as the source of information about risk-based gaming and betting;
17) about the source of information to be disclosed in accordance with federal law;
18) of the place in which to contract for the provision of services to interested persons
may review the information to be provided to such persons in accordance with federal
laws or other regulations of the Russian Federation;
19) of the person, are required by a security;
20) of the manufacturer or seller of the advertised goods.
4. Advertisements should not:
1) to encourage the commission of unlawful acts;
2) call for violence and cruelty;
3) have a similarity with road signs or otherwise threaten the safety of road, rail, water
and air transport;
4) create a negative attitude to people who do not use the advertised goods or criticize
such persons.
5. The ads are not allowed:
1) the use of foreign words and expressions that may lead to distortion of the meaning
of information;
2) an indication that the object of advertising is approved by state or local governments
or their officials;
3) demonstration of the processes of smoking and alcohol consumption, as well as beer
and beverages, manufactured on its basis;
4) The use of images of medical and pharmaceutical workers, except for such use in
advertising of medical services, personal care products, in advertising, consumers,
which is exclusively medical and pharmaceutical workers in advertising, distributed in
the field of medical or pharmaceutical exhibitions, seminars, conferences and other
similar events, advertising placed in publications intended for medical and
pharmaceutical workers;
5) a statement that the advertised product is produced using human fetal tissue;
6) an indication of the medicinal properties, it has a positive effect on the disease, the
object of advertising, except for such indication in the advertising of medicines, medical
services, including treatment, medical products and medical equipment.
6. In advertising not allowed to use swear words, obscene or offensive images,
comparisons and expressions, including those based on sex, race, nationality,
profession, social category, age, language, person and citizen, the official state symbols
(flags, emblems, anthems) , religious symbols, objects of cultural heritage (monuments
of history and culture) of the Russian Federation, as well as cultural heritage sites
inscribed on the List of World Heritage.
7. Advertising is not permitted, in which no part of the essential information about the
advertised product, the conditions of its purchase or use, if this distorted the meaning of
information and misled consumers of advertising.
7.1. The advertisement of products and other objects of advertising cost parameters
must be specified in rubles, and, if necessary, may additionally be indicated in foreign
currency. (Part sedmaya.1 federal law from 12.04.2007 N 48-FZ)
8. In the advertisement of goods in respect of which a duly approved rules for the use,
storage or transportation, or use regulations should not contain information that is not in
conformity with such rules or regulations.
9. Not allowed to use in radio, television, video, audio and film production or other
production and distribution of product placement, that is advertising, which has not
perceived by consumers of advertising effects on their minds, including such effects by
using a special video (dual audio) and in other ways.
10. Not allowed to advertise in textbooks designed to teach children to program the
initial total and general education, school diaries and notebooks in school.
11. During the production, placing and distributing advertisements must comply with the
legislation of the Russian Federation, including the requirements of civil law, laws of the
State Language of the Russian Federation. (Part of the eleventh in the red. Federal Law
of 18.12.2006 N 231-FZ) (See the text in the previous edition)
Article 6. Protection of minors in advertising
In order to protect minors from abuse of trust and lack of experience in advertising is not
allowed:
1) to discredit parents and caregivers, undermining the credibility of a minor; 2)
encouraging minors to ensure that they convinced their parents or others to purchase
the advertised product; 3) creation of a minor misrepresentation on the availability of
goods for families with any level of income; 4) establishment of a juvenile impression
that the possession of the goods advertised puts them in a preferred position in front of
their peers; 5) formation of an inferiority complex in minors, non-advertised product; 6)
show minors in dangerous situations; 7) The understatement of the level needed to use
the advertised product skills among minors of the age group for which this product is
intended; 8) the formation of a juvenile inferiority complex associated with their external
unattractiveness.
Article 7. Products, advertising which is not allowed
Advertising is not allowed:
1) goods, production and (or) the implementation of which is prohibited by the legislation
of the Russian Federation;
2) narcotic drugs, psychotropic substances and their precursors, plants containing
narcotic drugs or psychotropic substances or their precursors, and their parts,
containing narcotic drugs or psychotropic substances or their precursors; (In the red.
Federal Law of 19.05.2010 N 87-FZ) (See the text in the previous edition)
3) of explosives and materials, except for the fireworks;
4) enforcement and (or) tissues as objects of sale;
5) The goods subject to state registration in the absence of such registration;
6) The goods subject to mandatory certification or other mandatory conformity with
technical regulations, in the absence of such certification or confirmation of such
compliance;
7) goods for production and (or) the implementation of which is required to obtain
licenses or other special permits, in the absence of such permits.
Article 8. Advertising of products for remote method of Sales
In advertising, products for remote method of sale shall contain the information about
the seller of such goods: name, location and state registration number of the record to
establish a legal entity, name, patronymic, the main state registration number of the
record on state registration of a person as an individual entrepreneur.
Article 9. Advertising on the conduct of enabling activities
In advertising, announce the Lottery, competition, game or other similar event, a
condition of participation in which is the acquisition of certain goods (hereinafter stimulating activity) should be indicated:
1) The timing of such events;
2) a source of information about the organizer of this event, the rules of its holding, the
number of prizes or winnings as a result of such an event, date, place and manner of
their receipt.
Article 10. Social Advertising
1. Advertisers may serve ads social individuals, legal persons, public authorities, other
government agencies and local governments and municipalities, which are not included
in the structure of local government.
2. Public authorities, other government agencies and local governments and municipal
authorities, which are not included in the structure of local government shall place
orders for the production and distribution of public service advertising under the laws of
the Russian Federation.
3. Conclusion of the contract to distribute public service announcements is necessary
for the advertisement distributor within five percent of the annual volume of advertising
they distributed (including the total time of advertising, distributed to television and radio
programs, the total advertising space of the printed edition, the total advertising space
advertising structures). The conclusion of such contract is carried out in accordance
with the Civil Code of the Russian Federation.
4. In the public service is not allowed to mention specific brands (model) of goods,
trademarks, service marks, and on other means of individualization of physical persons
and legal entities, except as specified in paragraph 5 of this article. (In the red. Federal
Law of 03.06.2011 N 115-FZ) (See the text in the previous edition)
5. Established by Part 4 of this Article shall not apply restrictions on the mentions of
public authorities, other public bodies, local government, the municipalities that are not
included in the structure of local government, the sponsors, the socially-oriented nonprofit organizations that meet the requirements established by this article, as well as
individuals who find themselves in difficult situations, or in need of treatment in order to
provide them with charity. In the PSA may be a reference to socially-oriented non-profit
organizations in cases where the content of this advertising is directly related to the
information on the activities of nonprofit organizations to achieve charitable, or other
socially useful purposes. (Part 5 of federal law from 03.06.2011 N 115-FZ)
6. In public service, distributed in radio programs, the duration of the mention of the
sponsors may not exceed three seconds in the public service, distributed in television,
in film and video - three seconds, and such mention should be given no more than
seven percent of the frame, and in the public service, distributed by other means - no
more than five percent of the advertising space (space). These restrictions do not apply
to references in the public service of the public authorities, other public bodies, local
government, the municipalities that are not included in the structure of local selfgovernment, socially-oriented non-profit organizations, as well as individuals who find
themselves in a difficult life situation or in need of treatment in order to provide them
with charity. (Part 6 The federal law from 03.06.2011 N 115-FZ)
Article 11. Validity of advertising, offer recognized
If, in accordance with the Civil Code of the Russian Federation recognizes the
advertising offer, this offer is valid for two months from the date of advertising, provided
that it is not specified otherwise.
Article 12. The shelf life of promotional materials
Promotional materials or copies thereof, including any modification thereto, as well as
contracts for the manufacture, distribution and dissemination of advertising shall be kept
for one year from the date of the last distribution of advertising or from the date of expiry
of such contracts, except for documents in respect of which Russian law provides
otherwise.
Article 13. Provision of information to the advertiser
Advertiser demand advertisement distributor must provide documented information on
advertising according to the requirements hereof, including information about the
presence of licenses for mandatory certification of state registration.
Chapter 2. FEATURES SEPARATE WAYS TO SPREAD
OF ADVERTISING
Article 14. Advertising in television programs and television
1. Interruption of television programs or television advertising, that is, stop broadcast TV
or TV to display advertising, the message should be preceded by a subsequent
broadcast advertising, except for the interruption of sponsorship advertising.
2. When combined with the television program advertising method "crawl" or otherwise
of the imposition of a frame transmitted by TV advertising must not: 1) to hold more than
seven percent of the frame; 2) superimposed on the subtitles, as well as clarifying the
nature of the inscriptions.
3. The total duration of the television program distributed advertising (including
advertising such as teleshopping), interruption of TV advertising (including sponsorship
advertising) and combining advertising with the way television program "running line" or
otherwise imposing it on the TV frame may not exceed fifteen percent broadcast time
for an hour.
3.1. The federal television channels have no right to enter into contracts to provide
services for the dissemination of advertising to a person who holds a privileged position
in the spread of television advertising. For purposes of this article refers to the federal
channel organization conducting air television territories for more than five subjects of
the Russian Federation. (Part tretya.1 federal law from 27.12.2009 N 354-FZ)
3.2. The preferred position of the person in the spread of television advertising on the
channels recognized by the federal status of the person, where its share in this sector
exceeds thirty-five percent at national or regional location. The share of persons in the
spread of television advertising is defined as the ratio of sums of money received from
advertisers on contracts to provide services for the dissemination of advertising on the
federal TV channels, signed by the said person and its affiliates, to the amount of
money received from advertisers for services rendered dissemination of advertising on
all federal TV channels. The sums of money received from advertisers for services
rendered for the dissemination of advertising are considered in the two years preceding
the year in which such contract is one for the next period. (Part tretya.2 federal law from
27.12.2009 N 354-FZ)
3.3. Signing a contract for services for the dissemination of television advertising on the
federal TV channels with state participation is based on the tender (in the form of an
auction or competition) conducted by these channels in accordance with the laws of the
Russian Federation. The form of bidding (auction or tender) is established by federal TV
channels. (Part tretya.3 federal law from 27.12.2009 N 354-FZ)
4. Advertising is not allowed to interrupt and combine with the advertising method
"crawl" the following TV shows: 1) religious television programs; 2) TV programs lasting
less than fifteen minutes.
5. Specified in Part 4 of this Article may be interrupted by television advertising directly
to the sponsor at the beginning and ending immediately prior to such television
programs, provided that the total duration of such advertising does not exceed thirty
seconds.
6. Is not allowed to interrupt the advertising, including sponsorship advertising,
broadcasting propaganda materials distributed in television programs and television
programs in accordance with Russian legislation on elections and legislation of the
Russian Federation on the referendum.
7. In the children's and educational television programs, the duration of not less than
fifteen minutes, allowed the spread of advertising directly to the beginning of the
telecast lasting a minute and just before the end of the telecast lasting a minute. In the
children's and educational television programs, the duration of not less than twenty-five
minutes, allowed the spread of advertising directly to the beginning of the telecast
lasting a half minutes and just before the end of the telecast lasting a half minutes. In
the children's and educational television programs, the duration of not less than forty
minutes, allowed the spread of advertising directly to the beginning of the telecast
lasting two and a half minutes and just before the end of the telecast lasting two and a
half minutes. In the children's and educational television programs, whose duration is
one hour or more, allowed the spread of advertising directly to the beginning of the
telecast three minutes and just before the end of the telecast three minutes.
8. Broadcast live or recorded sporting events (including sports games, games, fights,
races) can be interrupted by advertising, including sponsorship advertising, only the
breaks during sporting events or during their stops.
9. Broadcast live or recorded sporting event, which does not provide breaks or stops
can be interrupted by advertising in such a way as to interrupt transmission did not
result in the loss of essential information about the sporting event. The total duration of
such advertising may not exceed twenty percent of the actual time of broadcast of
sports events.
10. Other TV shows, including feature films, can be interrupted by advertising in a way
that the duration of each interruption of television advertising does not exceed four
minutes.
11. The requirements laid down in paragraphs 1 - 10 of this Article shall not apply to
television broadcasts that are registered as mass media, specializing in
communications and advertising materials, and broadcast on the grounds of the
broadcasting license, provided that in such television programs the duration of
advertising is eighty percent or more of the actual broadcast time during the day.
12. At the level of broadcast advertising of sound and the sound level reports on the
follow-broadcast advertising shall not exceed the average level of sound punctuated by
TV commercials or TV shows. Parameters of the ratio of advertising and the sound level
of sound interrupted her TV program or TV program are determined by the
requirements of technical regulations.
13. In the television broadcast in accordance with Federal Law of January 13, 1995 N 7FZ "On the order of coverage of public authorities in the state media" (hereinafter - the
Federal Law "On the order of coverage of public authorities in the state media "),
distribution of advertising is not allowed.
14. In the TV programs are not allowed advertising in the days of mourning declared in
Russia.
15. The restrictions established by this Federal Law on advertising of certain goods in
the programs do not apply to: 1) The advertisement posted at the site of the event,
broadcast live or recorded, except in specially created for broadcast productions; 2) The
advertisement circulated in television programs, television broadcasts on television
channels, which are accessible only on payment basis with the technical decoding
devices.
16. The requirements of this Article shall not apply to: 1) placed in TV shows about TV
programs broadcast by the respective channel; 2) The logo of TV programs, and
information on this television program.
Article 15. Advertising in radio programs and radio broadcasts
1. Interruption or radio broadcast advertising message must be preceded by a
subsequent broadcast advertising, except for the interruption of sponsorship
advertising.
2. In the radio programs that are not registered as mass media and specialized in
communications and advertising materials, the duration of advertising may not exceed
twenty percent of broadcasting time during the day.
3. In radio broadcasts are not allowed to interrupt the broadcast advertising of the
following: 1) religious broadcasts; 2) The broadcast duration is less than fifteen minutes.
4. Specified in Part 3 of this Article may be interrupted by sponsoring radio ads directly
at the beginning and just before the end of the broadcast provided that the total duration
of such advertising does not exceed thirty seconds.
5. Is not allowed to interrupt the advertising, including sponsorship advertising,
broadcasting propaganda materials distributed in radio programs and radio programs in
accordance with Russian legislation on elections and legislation of the Russian
Federation on the referendum.
6. In the children's and educational radio programs, the duration of not less than fifteen
minutes, allowed the spread of advertising directly to the beginning of the broadcast
period of one minute and just before the end of the broadcast period of one minute. In
the children's and educational radio programs, the duration of not less than twenty-five
minutes, allowed the spread of advertising directly to the beginning of the broadcast
period of fifteen minutes and just before the end of the broadcast period of fifteen
minutes. In the children's and educational radio programs, the duration of not less than
forty minutes, allowed the spread of advertising directly to the beginning of the
broadcast, the duration of which is two and a half minutes, and just before the end of
the broadcast, the duration of which is two and a half minutes. In the children's and
educational radio programs, whose duration is one hour or more, allowed the spread of
advertising directly to the beginning of the broadcast of three minutes and just before
the end of the broadcast of three minutes.
7. Radio broadcast live or recorded sporting events (including sports games, games,
fights, races) can be interrupted by advertising, including sponsorship advertising, only
the breaks during sporting events or during their stops.
8. Radio broadcast live or recorded sporting event, which does not provide breaks or
stops can be interrupted by advertising in such a way as to interrupt radio broadcasts
did not result in the loss of essential information about the sporting event. The total
duration of such advertising may not exceed twenty percent of the time broadcast of
sports events.
9. Some broadcasts may be interrupted by commercials as many times as fifteenminute periods include these broadcasts, as well as additional sponsorship advertising
directly at the beginning and just before the end of the broadcast provided that the total
duration of the sponsorship advertising is less than thirty seconds.
10. The requirements laid down in paragraphs 1 - 9 of this Article shall not apply to radio
programs that are registered as mass media, specializing in communications and
advertising materials, and broadcast on the grounds of the broadcasting license,
provided that the duration of radio programs in such advertising is eighty percent or
more of the actual broadcast time during the day.
11. At the level of broadcast advertising of sound and the sound level reports on the
follow-broadcast advertising shall not exceed the average level of sound interrupted by
advertising or radio broadcasts. Parameters of the ratio of advertising and the sound
level of sound interrupted her radio broadcasts, or determined by the requirements of
technical regulations.
12. In the radio broadcast in accordance with Federal Law "On the order of coverage of
public authorities in the state media," dissemination of advertising is not allowed.
13. In radio broadcasts are not allowed advertising in the days of mourning declared in
Russia.
14. The requirements of this Article shall not apply to: 1) is placed in radio broadcasts
information about the broadcast of the respective radio channel; 2) Post the name and
frequency of its radio broadcasting, as well as other information on this radio program.
Article 16. Advertising in print media
Placing text advertising in periodicals, not specializing in communications and
advertising material must be marked "advertisement" and marked "for publicity." The
amount of advertising in such publications should be no more than forty percent of a
number of periodicals. The requirement for compliance with the specified volume does
not apply to periodicals that are registered as specializing in communications and
advertising materials and on the cover and in the output of which provides information
on this specialization.
Article 17. Advertising, released in cinema and video
In cinema and video advertising is not allowed interrupt the film, as well as a
combination of advertising with a demonstration of the film means "crawl" or otherwise
of the imposition of the frame exhibited by the film.
Article 18. Advertising and telecommunication networks for distributed
(In the red. Federal Law of 27.10.2008 N 179-FZ) (See the text in the previous edition)
1. Dissemination of advertising for telecommunication networks, including through the
use of telephone, facsimile, mobile radio communications, is permitted only with prior
consent of the subscriber or recipient to receive advertising. At the same time
recognizes the ads distributed without the prior consent of the subscriber or recipient, if
the advertisement does not prove that such consent was obtained. Advertisement shall
immediately cease the dissemination of advertisements to the person who applied to
him with such a requirement.
2. You may not use telecommunication networks for the dissemination of advertising
with application of selection and (or) a set of subscriber numbers without human
intervention (automatic dozvanivaniya, automatic distribution).
3. With reference telephone service (both paid and free), including those carried out by
means of mobile radio communications, advertising can be granted only after the
message information requested by the subscriber.
4. In providing telephone connections to the conditions of time-based pay system time
within which covers advertising, should not be considered in determining the cost of
such telephone services.
5. Repealed. - Federal Law of 27.10.2008 N 179-FZ. (See the text in the previous
edition)
Article 19. Outdoor advertising structures and installation of
1. The spread of outdoor advertising, using billboards, benches, building nets, banners,
electronic displays, balloons, balloons and other technical means of stable spatial
location (hereinafter - the advertising structures), mounted and available on the external
walls, roofs and other structural elements of buildings, structures , structures or outside
them, as well as stopping points of public transport by the owner of an advertising
structure, which is advertisement distributors, subject to the requirements of this article.
The owner of an advertising structure (natural or legal person) - the owner of an
advertising structure, or other person having rights in rem in advertising design or right
of possession and use of advertising design in a contract with its owner. (In the red.
Federal Law of 21.07.2007 N 193-FZ) (See the text in the previous edition)
2. Advertising structure shall be used solely for the purpose of advertising, public
service announcements. (In the red. Federal Law of 21.07.2007 N 193-FZ) (See the text
in the previous edition)
3. Advertising on the sign of the road, its support or any other devices intended to
control traffic is not allowed.
4. Advertising design and its territorial distribution must comply with technical
regulations.
5. Installation and operation of the advertising structure implemented by the owner
under a contract with the owner of the land, buildings or other real estate, joined by
advertising structure, or with a person, jurisdiction to the owner of such property,
including a tenant. If the installation and operation of the advertising structure is
supposed to use the common property of the owners of the premises in an apartment
house, a contract for the installation and operation of the advertising structure is
possible only with the consent of the owners of the premises in an apartment house,
obtained in accordance with the Housing Code of the Russian Federation. The
conclusion of such contract is carried out by a person authorized on its conclusion, the
general meeting of owners of premises in an apartment building. The contract for the
installation and operation of the advertising structure is for a period of five years, except
for the contract for the installation and operation of temporary advertising structure,
which can be imprisoned for not more than twelve months. Upon expiry of the contract
for the installation and operation of the advertising structure obligations of the parties
under the contract be terminated. Signing a contract for the installation and operation of
the advertising structure shall be in accordance with the provisions of this Federal law
and civil law. (In the red. Federal laws of 21.07.2007 N 193-FZ, of 27.09.2009 N 228FZ) (See the text in the previous edition)
5.1. Signing a contract for the installation and operation of an advertising structure on
the land, building or other real property located in the state or municipal ownership, is
based on the tender (in the form of an auction or competition) conducted by public
authorities, local authorities or their authorized organizations accordance with the laws
of the Russian Federation. The form of bidding (auction or tender) is established by
public authorities or by representative bodies of municipalities. (Part pyataya.1 federal
law from 21.07.2007 N 193-FZ)
5.2. Bidder (in the form of an auction or tender) may not be the person who holds a
privileged position in the provision of outdoor advertising at the time of application for
participation in the auction. If the results of the auction or competition, a person acquires
a privileged position, these results are invalid. (Part pyataya.2 federal law from
21.07.2007 N 193-FZ)
5.3. The preferred position of the person in the provision of outdoor advertising in the
municipal area or city district, areas of federal cities of Moscow and St. Petersburg is
recognized position of the person, where its share in this sector in these areas exceed
thirty-five percent (except if the territory of the municipal district or municipal district is
established not more than ten advertising structures). The share of persons in the
provision of outdoor advertising is defined as the ratio of the total area of ??the
information fields of advertising structures, permits are issued for the installation of the
person and its affiliates in the respective territory, the total area of ??the information
fields of all advertising structures, permits are issued for the installation of the territory.
For the purposes of this article, the information field of advertising design is understood
part of the advertising structure that is used for promotional purposes. (Part pyataya.3
federal law from 21.07.2007 N 193-FZ)
5.4. In determining the total area of ??the information fields of advertising structures,
permits are issued for the installation of one person, take into account the area of
??information fields of temporary advertising structures. Temporary advertising
structures are recognized advertising design, placement period which is due to their
functional purpose and the place of installation (construction mesh fencing of
construction sites, places of commerce and other similar places, and other similar
equipment) and amounts to no more than twelve months. (Part pyataya.4 federal law
from 21.07.2007 N 193-FZ)
5.5. To participate in the bidding (auction or tender) the person shall provide,
respectively, in state authority, local authority information on the total area of ??the
information fields of advertising structures, permits are issued for the installation of this
person and its affiliates in the territory. (Part pyataya.5 federal law from 21.07.2007 N
193-FZ)
5.6. Auction or tender for a contract for the installation and maintenance of advertising
structures on the land, building or other real estate which is in a state or municipal
property, and which on the basis of an agreement between respectively public authority,
local authority and the owner of an advertising structure established advertising design,
carried out by the expiry of the contract for the installation and operation of the
advertising structure. (Part pyataya.6 federal law from 21.07.2007 N 193-FZ)
5.7. In the event that participation in an auction or tender, one participant admitted to
the auction or tender declared invalid. Subject to the requirements established by
Section 5.2 - 5.5 of this Article, the contract for the installation and operation of the
advertising structure is to a person who was the sole bidder, or the competition. (Part
pyataya.7 federal law from 21.07.2007 N 193-FZ)
6. If real estate, joined by advertising structure, embodied by the owner to another
person at the right of economic management, operational management, or other
proprietary right, the contract for the installation and operation of the advertising
structure is to a person with the right of economic management, the right of operational
management or any other real right in such real property, with the consent of the owner
and in compliance with the requirements established by Section 5.1 - 5.5 of this article.
(In the red. Federal Law of 21.07.2007 N 193-FZ) (See the text in the previous edition)
7. If real estate, joined by an advertising design, submitted by the owner in trust,
contract for installation and operation of the advertising structure is to the trustee,
provided that the trust management agreement does not limit the trustee for such action
with the appropriate property.
8. For the period of the contract owner has the right advertising structure unimpeded
access to real estate, joined by an advertising design, and use this property for
purposes related to the implementation of the rights of the owner of advertising design,
including its operations, maintenance and dismantling.
9. Installation of advertising structures shall be allowed a permit for the installation of an
advertising structure (hereinafter - permit), issued on the application of the owner or
other specified in paragraphs 5 - 7 of this article the legal owner of the immovable
property or the owner of an advertising structure local government municipal district or
local City District Government in the territories which it is supposed to carry out the
installation of the advertising structure.
9.1. Permission for the installation of the advertising structure on the land, building or
other real property regardless of ownership of real property issued to a person not
primarily engaged in distribution of outdoor advertising in accordance with paragraphs
5.3 and 5.4 of this article. (Part devyataya.1 federal law from 21.07.2007 N 193-FZ) 9.2.
Permits issued by the local authority of the municipal district or a local authority urban
district in violation of parts 5.1, 5.2, 5.5 - 5.7 and 9.1 of this Article shall be canceled on
the basis of the antimonopoly body. (Part devyataya.2 federal law from 21.07.2007 N
193-FZ) 9.3. The person to whom the permit was granted for the installation of the
advertising structure shall be obliged to notify the local authority that issued such a
permit, all the facts of any third party rights in respect of the advertising structure
(delivery of advertising design in the lease, making the advertising structure as a
contribution under a partnership , a contract of trust management, and other facts).
(Part devyataya.3 federal law from 21.07.2007 N 193-FZ)
10. Installation of advertising structures without permission (unauthorized installation) is
not allowed. In the case of unauthorized re-install the advertising structure is to be
dismantled on the basis of the requirements of the local government of the municipal
district or local authority urban district, in areas that are running an advertising design.
11. For specified in Part 9 of this Article shall be accompanied by: On peculiarities of
application of paragraph 1 of Part 11 of Article 19 of this document until July 1, 2012,
see article 74 of the Federal Law of 01.07.2011 N 169-FZ. 1) data about the applicant natural person. Data on state registration of legal entity or the state registration of a
person as an individual entrepreneur is requested by the authorized permitting authority
in the federal executive authority to make state registration of legal entities and natural
persons as individual entrepreneurs and private (peasant) farms; (Section 1, as
amended. Federal Law of 01.07.2011 N 169-FZ) (See the text in the previous edition) 2)
confirmation in writing to the owner's consent or otherwise specified in paragraphs 5 - 7
of this article the legal owner of the real property in connection to this property of the
advertising structure, unless the applicant is the owner or other lawful owner of the
immovable property. If the installation and operation of the advertising structure is
necessary to use the common property of the owners of the premises in an apartment
house, a document certifying the consent of the owners, is a protocol of general
meeting of owners of premises in an apartment building. (In the red. Federal Law of
27.09.2009 N 228-FZ) (See the text in the previous edition)
12. The local authority of the municipal district or local authority urban district may not
require the applicant to furnish documents and information not related to the spatial
location, appearance and technical parameters of the advertising structure, as well as
from the state to levy a surcharge fee for the preparation, design, permit and perform
other related to the issuance of permit actions.
13. The local authority of the municipal district or local authority itself carries out the
urban district agreement with the competent authorities, necessary for a decision to
grant or to refuse to extradite him. In this case the applicant shall be entitled to receive
from the competent authorities so agree and submit it to the local authority of the
municipal district or local authority urban district.
14. The decision in writing to the permit or to refuse to extradite him to be sent to the
local government of the municipal district or a local authority urban district to the
applicant within two months from the date of receiving from him the necessary
documents. The applicant has not received within the specified period from the local
authority of the municipal district or a local government decision urban district in writing
of the grant or refusal to issue, within three months may apply to a court or tribunal to
declare omission of relevant local government illegal.
15. The decision to deny a permit must be motivated and accepted by the local
government of the municipal district or a local authority exclusively urban district on the
following grounds: 1) The discrepancy between the advertising of the project design and
its spatial distribution requirements of technical regulations; 2) the discrepancy between
the installation of advertising design in the claimed place of territorial planning scheme
or master plan; 3) violation of regulations on traffic safety; 4) Violation of the external
architectural appearance of the existing building settlements or urban district; 5)
violation of the laws of the Russian Federation about the objects of cultural heritage
(monuments of history and culture) of the Russian Federation, their protection and use;
6) The conditions specified in Section 5.1 - 5.7 and 9.1 of this article. (Paragraph 6 was
introduced by Federal law from 21.07.2007 N 193-FZ)
16. In case of failure of the local government of the municipal district or a local
government district in the city permit the applicant within three months from the date of
receipt of the decision to deny a permit may apply to a court or tribunal to declare that
decision unlawful.
17. The permit is issued by the local government of the municipal district or a local
authority urban district for each advertisement for the duration of the construction
contract for the installation and operation of the advertising structure. The permit
specifies the owner of an advertising structure, the owner of the land, buildings or other
immovable property is attached to an advertising design, advertising type of
construction, the area of ??the information field, the place of installation of advertising
designs, the term of the permit, the authority which issued the permit number and date
of issuance, and other information. (In the red. Federal Law of 21.07.2007 N 193-FZ)
(See the text in the previous edition)
18. Local authority of the municipal district or a local authority urban district decision to
annul the resolution was adopted:
1) within one month from the date of his own design advertising notice in writing of its
refusal to permit further use;
2) within one month from the date of his owner or other lawful owner of the immovable
property is attached to an advertising design, document confirming the termination of
the contract between such owner or the owner of such real property and the owner of
an advertising design;
3) If within one year from the date of issuance of the permit advertising structure has not
been established;
4) if the advertising structure is not used for the dissemination of advertising, public
service announcements; (In the red. Federal Law of 21.07.2007 N 193-FZ) (See the text
in the previous edition)
5) if the permit issued to a person who has concluded a contract for the installation and
operation of the advertising structure in violation of the requirements set forth in items
5.1 - 5.7 of this Article, or the results of the auction or tender invalid under the laws of
the Russian Federation; (Section 5 was introduced by Federal law from 21.07.2007 N
193-FZ)
6) In case of violation of the requirements set forth in items 9.1 and 9.3 of this article.
(Paragraph 6 was introduced by Federal law from 21.07.2007 N 193-FZ)
19. The decision on cancellation of the permit may be appealed to a court or tribunal
within three months from the date of itsreceipt.
20. The permit may be invalidated in court, if: 1) repeated or flagrant violation of
advertisement distributors of RF legislation on advertising - the suit of the antimonopoly
body; 2) detection of non-compliance of advertising design and placement of the
territorial requirements of technical regulations - to claim the body which monitors
compliance with technical regulations; 3) improper installation of advertising design in
the locality of territorial planning scheme or master plan - to suit the local government;
4) violations of the external architectural appearance of the existing building settlements
or urban district - to suit the local government; 5) The discrepancy advertising design
requirements of regulations on traffic safety - to claim the body which monitors the
safety of traffic; 6) of the pre-emptive provisions in accordance with paragraphs 5.3 and
5.4 of this article - the suit of the antimonopoly body. (Paragraph 6 was introduced by
Federal law from 21.07.2007 N 193-FZ)
21. In the case of revocation or invalidation of the owner of an advertising structure or
the owner or the rightful owner of a relevant real property to which such a structure is
attached, shall carry out removal of the advertising structure within a month and delete
the information posted on this advertising design, for three days. (In the red. Federal
Law of 21.07.2007 N 193-FZ) (See the text in the previous edition)
22. When non-compliance with obligations to dismantle the structure of advertising the
local government of the municipal district or local authority urban district may apply to a
court or arbitration court for the enforcement of removal of advertising design. In the
event of a court or arbitral tribunal of the enforcement of removal of the advertising
structure dismantling, storage or, where necessary, the destruction is carried out by the
owner or other lawful property owner, to which was attached an advertising design. At
the request of the owner or other lawful owner of such real property owner of an
advertising structure shall reimburse him for reasonable expenses incurred in
connection with the dismantling, storage or, where necessary, destruction of the
advertising structure.
22.1. When non-compliance with the obligation to remove the advertising placed on the
design information in the case of revocation or invalidation of the owner or other lawful
owner of real property, to which was attached an advertising design, carries out the
disposal of this information at your own expense. At the request of the owner or other
lawful owner of such real property owner of an advertising structure shall reimburse him
for reasonable expenses incurred in connection with the removal of this information.
(Part of the twenty vtoraya.1 federal law from 21.07.2007 N 193-FZ)
23. The requirements of this article with regard to obtaining permission does not extend
to display cases, kiosks, stalls, mobile items of trade, outdoor umbrellas.
24. The provisions of this article defining the powers of local authorities, apply to
municipalities intracity federal cities of Moscow and St. Petersburg, if in accordance with
Federal law of October 6, 2003 N 131-FZ "On General Principles of Local Government
in the Russian Federation" the laws of the Russian Federation - cities of federal
significance Moscow and St. Petersburg is not set the order in which these powers are
exercised by public authorities of the Russian Federation.
Article 20. Advertising on vehicles and their use
1. Advertise on the vehicle is in a contract concluded between the advertiser and the
owner of the vehicle or person authorized by him or by a person of any other proprietary
right of the vehicle.
2. Use of vehicles for use solely or primarily as a mobile advertising structures are
prohibited.
3. Do not advertise on vehicles: 1) specific and operational services provided to the
requirements of technical regulations tsvetograficheskoy certain color; 2) equipped with
devices to make a special light and sound signals; 3) the federal postal service, on the
sides of which are located on the diagonal white stripes on a blue background; 4)
intended for the carriage of dangerous goods.
4. Placing on vehicles of distinctive signs indicating that they belong to any person, not
an advertisement.
5. Advertising placed on vehicles should not pose a threat to traffic safety, including the
limited review of the control persons and vehicles to other road users, and must meet
other requirements of technical regulations.
6. Distribution of audio advertising with vehicles, as well as sound commercial
disseminated using vehicles not allowed.