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Requirements for promotional materials

Legal requirements for banners

1. GENERAL REQUIREMENTS FOR ADVERTISING
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

Advertising should be fair and reliable. Unfair and unreliable advertising is not acceptable.

Advertising is considered unfair when it:

  • Contains incorrect comparisons between the product being advertised and goods in circulation that are produced by other manufacturers or sold by other sellers;
  • Discredits, denigrate the dignity or business reputation of a person, including competitor;
  • Is advertising goods in a way prohibited to use for this specific product, at a given time or in a given place, if it is carried out under the guise of advertising another type of goods, whose trademark or service mark is identical or confusingly similar to a trademark or service mark of goods towards which the relevant advertising requirements and restrictions are established, as well as under the guise of advertising a manufacturer or seller of such goods;
  • Is an act of unfair competition as per the anti-monopoly legislation.

Advertising is considered unfair when it contains unreal information about:

  • Benefits of the goods being advertised as compared to goods in circulation that are produced by other manufacturers or sold by other sellers;
  • Any characteristics of the goods, including their nature, composition, method and date of manufacture, purpose, consumer properties, conditions of use of the goods, their origin, availability of a certificate of conformity or a declaration of conformity, seal of approval and market access marks, service life, shelf life of the goods;
  • Assortment and complete sets of the goods, as well as possibility of their purchasing in certain place or within a certain period;
  • Cost or price of the goods, the order of payment for them, the amount of discounts, tariffs and other goods purchase conditions;
  • Conditions of delivery, exchange, repair and maintenance of the goods;
  • Warranty obligations of the manufacturer or seller of goods;
  • Exclusive rights for the intellectual activity products and legal entity individualization and products individualization means equated to them;
  • Rights to use official state symbols (flags, emblems, anthems) and symbols of international organizations;
  • Official or public recognition, awarding of medals, prizes, diplomas or other rewards;
  • Recommendations of individuals or legal entities regarding the object of advertising, or its approval by individuals or legal entities;
  • Results of tests and inspections;
  • Granting of additional rights or benefits to the purchaser of the goods being advertised;
  • Actual amount of demand for the advertised or other goods;
  • Volume of production or sale of the advertised or other goods;
  • Rules and timing of the promotional lottery, competition, game or other similar event, including the deadline for accepting applications for participation in it, the number of prizes or winnings according to its results, timing, place and order of their receipt, as well as the source of information about such an event;
  • Rules and timing of risk-based games and betting, including the number of prizes or amount of winnings from risk-based games and betting, timing, place and procedure for receiving prizes or winnings according to results of risk-based games and betting, about their organizer, as well as on the source of information about risk-based games and betting.
  • Source of information subject to disclosure in accordance with federal laws;
  • Place where interested persons may familiarize themselves with the information that should be provided to such persons in accordance with federal laws or other regulatory legal acts of the Russian Federation, before concluding service contract;
  • Person that pledged for the security;
  • Manufacturer or seller of the advertised goods.

Cl. 1, Cl. 2, Cl. 3 of the Art. 5 of the Federal Law “On Advertising”

Advertising Broadcaster: RUB 100,000 to 500,000;

Advertising Producer: RUB 100,000 to 500,000.

Advertiser: RUB 100,000 to 500,000;

2

THE ADVERTISING SHALL NOT:

  • Encourage infringing activity;
  • Call for violence or cruelty;
  • Be similar to road signs or otherwise potentially endanger the safety of road, rail, water, air traffic;
  • Form a negative attitude towards persons who do not use the advertised goods, or condemn such persons;
  • Contain information of pornographic nature.

FOLLOWING IS NOT ALLOWED IN THE ADVERTISING:

  • Use of foreign words and expressions that may lead to a distortion of the meaning of the data therein;
  • Indication that the advertised object is approved by state or local government bodies or their officials;
  • Demonstration of the processes of smoking and consumption of alcoholic beverages;
  • Use of images of medical and pharmaceutical workers, with the exception of such use in advertising of medical services, personal hygiene products, in advertisements intended exclusively for medical and pharmaceutical workers, in advertisements distributed in places of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertisements placed in printed publications intended for medical and pharmaceutical workers;
  • Indication that the advertised goods are produced using human embryo tissues;
  • Indication of the medicinal properties, that is, a positive impact on the course of a disease, of the object of advertising, with the exception of such an indication used in advertising medicinal drugs, medical services, including methods of prevention, diagnosis, treatment and medical rehabilitation, medical products;
  • Use of swear words, obscene and offensive images, comparisons and expressions, including those regarding gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, emblems, anthems), religious symbols, cultural heritage facilities (historical and cultural monuments) of the peoples of the Russian Federation, as well as cultural heritage sites included in the World Heritage List;
  • Advertising is not allowed where essential part of information about the advertised goods and conditions for their purchase or use is missed, if it distorts the meaning of the information and misleads consumers;
  • Advertising of information products that are subject to classification in accordance with the requirements of the Federal Law of December 29, 2010 N 436-FZ “On protection of children from information harmful to their health and development” is not allowed without specifying the category of this information product;
  • Production, placement and distribution of advertising should comply with the requirements of the legislation of the Russian Federation, including the requirements of civil legislation, legislation on the state language of the Russian Federation. This also applies to images of famous people because is is stipulated in the Civil Code.

cl. 4, cl. 5, cl. 6, cl. 7, cl. 7.1, cl. 10.1 of the art. 5 of the Federal Law “On Advertising”

Federal law of December 29, 2010 N 436-ФЗ “On protection of children from information harmful to their health and development”

Letter of the Federal Anti-Monopoly Service of Russia dated 28.08.2012 No. AK/27944 'On the protection of children in advertising'

Letter of the Federal Anti-Monopoly Service of Russia dated 29.04.2013, No. AD/17355/13 “On the procedure for applying part 6 of Article 5 of the Federal Law “On Advertising'

Letter of the Federal Antimonopoly Service of Russia dated 13.08.2010 No. AK/26483 “On increasing control over the advertising of financial services”

Letter of the Federal Antimonopoly Service of Russia dated 14.12.2012 No. AC/42338/12 “On placement of information products category in advertising”

2. GOODS THAT ARE PROHIBITED TO BE ADVERTISED
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

ADVERTISING OF THE FOLLOWING GOODS IS PROHIBITED:

  • Goods the production and (or) sale of which is prohibited by the legislation of the Russian Federation;
  • 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;

    • (as amended by Federal Law No. 87-FZ dated 19.05.2010)

  • Explosive substances and materials, with the exception of pyrotechnics products;
  • Human organs and (or) tissues as sale and purchase objects;
  • Goods subject to state registration, in case of absence of such registration;
  • Goods subject to mandatory certification or other mandatory confirmation of compliance with the requirements of technical regulations, in case of absence of such certification or confirmation of such compliance;
  • Goods the production and (or) sale of which requires obtaining licenses or other special permits, in case of absence of such permits;
  • Medical abortion services;
  • Services for preparation and writing of diploma projects, scientific reports on the main results of the prepared scientific qualification works (dissertations) and other works provided for by the state system of scientific certification or necessary for students to complete intermediate or final attestation

of the Art. 7 of the Federal Law “On Advertising”

Letter of the Federal Antimonopoly Service of Russia dated 30.09.2011 No. AK/37027 “On advertising occult services, and unfair advertising”

Advertiser: RUB 100,000 to 500,000;

Advertising Broadcaster: RUB 100,000 to 500,000;

Advertising Producer: RUB 100,000 to 500,000.

3. ALCOHOLIC BEVERAGES ADVERTISING
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

Advertising alcoholic beverages in the Internet is prohibited

Cl. 8, part 2 of the Art. 21 of the Federal Law “On Advertising”

Letter of the Federal Antimonopoly Service of Russia dated 13.09.2012 No. AK/29977 (as amended on 16.10.2012) “On recent changes in the requirements for alcohol advertising”

Advertising Broadcaster: RUB 100,000 to 500,000;

Advertising Producer: RUB 100,000 to 500,000, if proven guilty

2

Advertising of promotional events the condition for participation in which is the purchase of alcoholic beverages, with the exception of specialized promotional activities carried out in order to sell alcoholic beverages, is not allowed.

At the same time, according to experts of the Federal Antimonopoly Service of Russia, the above standard permits advertisements of such promotional events, the condition for participation in which is the purchase of alcoholic beverages, if the object of the advertising (sales) in them is exclusively alcoholic products.

Sponsorship advertising of a manufacturer of alcoholic beverages on the Internet is also not allowed.

Letter of the Federal Antimonopoly Service of Russia dated 13.09.2012 No. AK/29977 (as amended on 16.10.2012) “On recent changes in the requirements for alcohol advertising”

4. ADVERTISING OF BEER AND BEER-BASED BEVERAGES
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

Beer and beer-based beverages are equated to alcoholic beverages (with ethanol content of more than 0.5% of finished product volume), and their advertising on the Internet is prohibited.

Cl. 8, Part 2 of the Art. 21 of the Federal Law “On Advertising”

Cl. 7 of the Art. 2 of the Federal Law “On state regulation of the production and turnover of ethanol, alcohol and alcoholic beverages and on limiting the consumption (drinking) of alcoholic beverages”

Advertising Broadcaster: RUB 100,000 to 500,000;

Advertising Producer: RUB 100,000 to 500,000, if proven guilty

2

FOLLOWING IS ALLOWED:

It is possible to advertise beer and wine with ethanol content of not more than 0.5 percent of the finished product volume (so-called non-alcoholic beer, non-alcoholic wine), but only if the banner clearly states that it is non-alcoholic and only non-alcoholic beer or wine will be presented on the advertised site. Otherwise, if the conditions are not met, such an advertisement will directly violate clause 8, part 3, of the article 21 of the Federal Law “On Advertising”, i.e. will be subject to a ban on alcohol advertising on the Internet.

Letter of the Federal Antimonopoly Service of Russia dated 13.09.2012 No. AK/29977 (as amended on 16.10.2012) “On recent changes in the requirements for alcohol advertising”

5. ADVERTISING OF TOBACCO, TOBACCO PRODUCTS AND SMOKING ACCESORIES*
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

Following is prohibited:

  • Advertising and promoting the sale of tobacco, tobacco products and/or tobacco consumption, including:
  • Free of charge distribution of tobacco, tobacco products among the population, also in the form of gifts;
  • Making discounts from the price of tobacco products by any means, including through the issuance of coupons and vouchers;
  • Use of a trademark that serves to individualize tobacco products on other types of goods that are not tobacco products, in the production of such goods, as well as wholesale and retail trade of goods that are not tobacco products, but which use a trademark that serves to individualize tobacco products;
  • Use and imitation of tobacco products in the production of other types of goods that are not tobacco products, in the wholesale and retail trade of such goods;
  • Organization and executing events (including lotteries, contests, games), the condition for participation in which is the purchase of tobacco products;
  • Organizing and conducting cultural, physical culture, sports and other mass events, the goal, result or likely result of which is direct or indirect inducement to purchase tobacco products and (or) tobacco consumption (including organizing and conducting mass events in which tobacco products are used as prizes);
  • Use of brand names, trademarks and service marks, as well as trade names that belong to tobacco organizations, in the organization and implementation of charitable activities;
  • Tobacco sponsorship.**

Art. 16 of the Federal Law “On the protection of public health from exposure to tobacco smoke and the consequences of tobacco consumption”;

Federal Law No. 222563-6 “On amendments to the Code of the Russian Federation on administrative offenses” and the Federal Law “On Advertising” in connection with the adoption of the Federal Law “On the protection of public health from exposure to tobacco smoke and the consequences of tobacco consumption”

Advertiser: RUB 100,000 to 500,000 (violation of the clauses 1 and 3 of the Article 23 of the Federal Law “On Advertising”);

Advertising Broadcaster: RUB 100,000 to 500,000 (violation of the cl. 2-4 of the Article 23 of the Federal Law “On Advertising”);

Advertising Producer: RUB 100,000 to 500,000, if proven guilty

2

FOLLOWING IS ALLOWED:

Without any additional restrictions, the demonstration of tobacco products and the tobacco consumption process can be carried out only for the purpose of informing the public about the dangers of tobacco consumption and the harmful effects of exposure to tobacco smoke in the media during information campaigns.

Part 4, Art. 16 of the Federal Law “On the protection of public health from exposure to tobacco smoke and the consequences of tobacco consumption.”

* The requirements apply to tobacco, tobacco products and smoking accessories, including pipes, hookahs, cigarette paper, lighters and other similar products.

** According to clause 5 part 1 of Article 2 of the Federal Law “On the protection of public health from exposure to tobacco smoke and the consequences of tobacco consumption”, tobacco sponsorship is any kind of contribution to any event, activity or individual, the purpose, outcome or likely result of which is to promote the sale of tobacco products or the use of tobacco, directly or indirectly.

6. ADVERTISING MEDICINAL DRUGS, MEDICAL PRODUCTS AND MEDICAL SERVICES AIMED AT PREVENTION, DIAGNOSTICS, TREATMENT AND MEDICAL REHABILITATION, METHODS OF ALTERNATIVE MEDICINE
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

Following is prohibited on the Internet:

  • Advertising medicinal drugs in the form and dosage stated in prescriptions for drugs;
  • Treatment methods, as well as medical devices* requiring special training for their application;
  • Advertising medicinal products containing narcotic drugs or psychotropic substances permitted for medical use;
  • Advertising the sale of medicinal drugs (with the exception of medicinal herbs) by remote method;
  • Conducting promotions accompanied by the distribution of samples of medicines containing narcotic drugs and psychotropic substances.

Art. 24 of the Federal Law “On Advertising”;

Item 22 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 08.10.2012. No. 58

Resolution of the Russian Federation Government No. 81 dated 06.02.2002.

Clarifications provided by the FAS of the Russian Federation dated 13.08.2013.

Advertiser: RUB 200,000 to 500,000;

Advertising Broadcaster: RUB 200,000 to 500,000 (violation of the clauses 7-9 of the Article 24 of the Federal Law “On Advertising”);

Advertising Producer: RUB 200,000 to 500,000, if proven guilty

Fine for the distribution of narcotic and psychotropic substances in the amount of RUB 800,000 to 1,000,000 or suspension of activity for up to 90 days.

2

Following is prohibited in advertising medicinal drugs:

  • To address to minors;
  • To refer to specific cases of cure from diseases, improvement of the state of human health as a result of the application of the object of advertising;
  • To express gratitude by people in connection with the use of the object of advertising;
  • To create an idea of the advantages of the object of advertising referring to the facts of studies that were mandatory for this type of goods;
  • To state or assume that advertising consumers have certain diseases or health disorders;
  • To contribute to the creation of a healthy person's impression of the need to use the object of advertising (with the exception of advertising preventive medicines);
  • To create an impression that visiting any doctor might be unnecessary;
  • To guarantee positive effect of the advertised object, its safety, effectiveness and absence of side effects;
  • To represent the object of advertising as a nutritional supplement and food additive or other non-medicinal product;
  • To state that safety and (or) effectiveness of the advertised object is guaranteed by its natural origin.

Article 24 of the Federal Law “On Advertising”;

3

Following is prohibited in advertising medical services, including methods of PREVENTION, diagnostics, TREATMENT AND MEDICAL REHABILITATION:

  • To refer to specific cases of cure from diseases, improvement of the state of human health as a result of the application of the object of advertising;
  • To express gratitude by people in connection with the use of the object of advertising;
  • To create an idea of the advantages of the object of advertising referring to the facts of studies that were mandatory for this type of goods;
  • To state or assume that advertising consumers have certain diseases or health disorders.

Part 3 of the Article 24 of the Federal Law “On Advertising”

4

FOLK MEDICINE METHODS ADVERTISING SHOULD NOT:

  • Contain references to specific cases of cure from diseases, improvement of the state of human health as a result of using the advertised object,
  • Contain expression of gratitude by individuals in connection with the use of the object of advertising.
  • Create an idea of the advantages of the advertised object by referring to the fact of conducting studies that are mandatory for state registration of the advertised object,
  • Contain statements or assumptions that advertising consumers have certain diseases or health disorders.
  • Create an impression that visiting any doctor might be unnecessary;

Part 3.1 of the Article 24 of the Federal Law “On Advertising”

5

Following is prohibited in advertising medical devices:

  • To address to minors;
  • To refer to specific cases of cure from diseases, improvement of the state of human health as a result of the application of the object of advertising;
  • To express gratitude by people in connection with the use of the object of advertising;
  • To create an idea of the advantages of the object of advertising referring to the facts of studies that were mandatory for this type of goods;
  • To state or assume that advertising consumers have certain diseases or health disorders;
  • To contribute to the creation of a healthy person's impression of the need to use the object of advertising (with the exception of advertising preventive medicines);
  • To create an impression that visiting any doctor might be unnecessary;
  • To guarantee positive effect of the advertised object, its safety, effectiveness and absence of side effects.

Part 4 of the Article 24 of the Federal Law “On Advertising”

6

Requirements to Advertising:

General Requirements to Advertising:

6.1. In advertising medical services, including methods of prevention, diagnostics, treatment and medical rehabilitation:

  • Availability of copy (scan) of the license for corresponding activity;

    • Attention: the license must be issued for the same type of activity that is advertised.

  • Warning label about the presence of counterindications to their use and application (possible counterindications for usage), the need to familiarize yourself with the instructions for use or to seek expert advice, the label should occupy at least 5% of advertising space.

Part 7 of the Article 24 of the Federal Law “On Advertising”

Example:

  • There are counterindications, please consult a specialist;
  • Please consult a medical practitioner about possible counterindications;
  • When applying for a medical service, please get a preliminary consultation from our experts (medical practitioner) first.

6.2. When advertising medicinal drugs:

  • Availability of a certificate of conformity for the medicinal product;
  • Warning label about the presence of counterindications to their use and application (possible counterindications for usage), the need to familiarize yourself with the instructions for use or to seek expert advice, the label should occupy at least 5% of advertising space.

Example:

  • Before using this drug, please read the instructions for use;
  • Please ask your doctor (medical professional) about counterindications and side effects;
  • There are counterindications. Please read the instruction for use carefully.

Announcement of the properties and characteristics, including the methods of use and application, of medicinal products and medical equipment in advertising is allowed only within the indications set forth in the duly approved instructions for the use and application of such advertising objects.*

Part 6 of the Article 24 of the Federal Law “On Advertising”

* Medical goods are any tools, devices, apparatus, equipment, materials and other products used for medical purposes separately or in combination with each other, as well as together with other accessories necessary for using these products for their intended purpose, including special software, and designed by the manufacturer for the prevention, diagnosis, treatment and medical rehabilitation of diseases, monitoring the state of the human body, conducting medical research, restoration, substituting, changing the anatomical structure or physiological functions of the body, preventing or interrupting pregnancy, whose function is not imposed upon by pharmacological, immunological, genetic or metabolic effects on the human body. Medical goods can be recognized as interchangeable if they are comparable in function, quality and technical characteristics and can be used as substitutes for each other (Article 38 of the Federal Law of 21.11.2011 No. 323-FZ “On the basis of public health protection in the Russian Federation”).

7. ADVERTISING BIOLOGICALLY ACTIVE AND FOOD ADDITIVES
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

General Requirements to Advertising:

  • Availability of copy (scan) of the Certificate of State Registration of Biologically Active Additives to Food.*
  • Advertising of biologically active additives should in each case be accompanied by a warning that the advertised object is not a medicinal drug, and this warning should occupy not less than 10 (ten) percent of the advertising area (space).

For this purpose you need to set forth the following warning: This product is biologically active additive, it is not a medicinal agent.

Art. 25 of the Federal Law “On Advertising”;

Cl. 23 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 08.10.2012. No. 58;

Clarifications provided by the FAS of the Russian Federation dated 13.08.2013.

“On amendments to the Federal Law “On Advertising” and the Administrative Code of the Russian Federation”

Advertiser: RUB 100,000 to 500,000;

Advertising Producer: RUB 100,000 to 500,000, if proven guilty

2

BAA and food additives advertising should not:

  • Create the impression that these are medicinal agents and/or have medicinal properties;
  • Contain references to specific cases of curing people, improvement of their condition as a result of the use of such additives;
  • Contain expressions of gratitude by people in connection with the use of such additives;
  • Encourage people to refuse from healthy diet;
  • Create an idea of the advantages of the additives by referring to the fact of conducting studies that are mandatory for state registration of these additives,
  • Use the results of studies in the form of direct recommendations for the use of such additives.

* You can check BAA state registration on the Rospostobnadzor website http://fp.crc.ru/fr/?type=max.

8. ADVERTISING BABY FOOD PRODUCTS
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

General Requirements to Advertising:

  • Availability of copy (scan) of the certificate of conformity for the advertised products.

Part 2 of the Article 25 of the Federal Law “On Advertising”

Advertiser: RUB 100,000 to 500,000;

Advertising Producer: RUB 100,000 to 500,000, if proven guilty

2

Baby food products advertising should not:

  • Represent them as full substitutes for breast milk;
  • Contain statement about the benefits of artificial feeding of infants.

3

Advertising products intended for use as substitutes of breast milk and products included in infant diet during their first year of life should contain information about the age restrictions on the use of such products and a warning about the need for specialist advice.

9. ADVERTISING OF FINANCIAL SERVICES (insurance services, banking and other financial services, loan provision, asset management, raising funds for housing construction)
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

General Requirements to Advertising:

Advertising associated with raising funds from individuals for housing construction is prohibited, with the exception of:

  • Advertising related to raising funds on the basis of a contract for participation in shared construction (214-ФЗ),
  • Advertising of housing and housing construction cooperatives,
  • Advertising related to raising and use of individuals' funds for the purchase of residential premises by housing savings cooperatives.

Part 7 of the Art. 5 of the Federal Law “On Advertising”

Art. 28 of the Federal Law “On Advertising”;

Cl. 24-26 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 08.10.2012. No. 58

Cl. 2 of the Letter of the Federal Antimonopoly Service dated 16.12.2011 No. AK/47126;

Letter of the Federal Antimonopoly Service dated 22.11.2010 No. АК/40675;

Letter of the Federal Antimonopoly Service dated 13.08.2010 No. АК/26483;

Part 2, Article 19 of the Federal Law “On participation in the shared construction of apartment buildings and other real estate objects and on the introduction of amendments to certain legislative acts of the Russian Federation”;

Letter of the Federal Antimonopoly Service dated 31.07.2014, No. АД/30890/14 “On advertising of financial services”

Federal Law “On fundraising housing cooperatives” No. 215-ФЗ of 30.12.2004

Advertiser: RUB 100,000 to 500,000 (violation of Cl. 7 of the Art. 5 of the Federal Law “On Advertising”, Art. 28 of the Federal Law “On Advertising”);

Advertising Broadcaster: RUB 100,000 to 500,000 (violation of the Cl. 1, 4, 7, 8 and 11 of the Art. 28 of the Federal Law “On Advertising”);

Advertising Producer: RUB 100,000 to 500,000, if proven guilty

In advertising of banking services:

  • Availability of copy (scan) of banking license (the banner must contain the license details (number and date of issue);
  • Indicating name of legal entity rendering the services (the banner should contain the name of the company, but not legal, that is, i.e., not some Romashka LLC, but “Such-and-Such Bank”).

In advertising of insurance services:

  • Availability of copy (scan) of banking license (the banner must contain the license details (number and date of issue);
  • Indicating name of legal entity rendering the services (the banner should contain the name of the company, but not legal, that is, i.e., not some Romashka LLC, but “Such-and-Such Bank”).

In advertising the services of professional participants of the securities market (broker, dealer activities, securities management, mutual obligations determination activities (clearing), depository activities, maintaining a register of owners of securities, organization of trading on the securities market):

  • Availability of appropriate license copy (scan).
  • Indication of the name of the legal entity or the last name, first name and patronymic of the individual entrepreneur rendering services.

In advertising activities in financial markets (investment funds, management of investment funds, mutual trust funds, non-state pension funds):

  • Availability of appropriate license copy (scan).
  • Indication of the name of the legal entity or the last name, first name and patronymic of the individual entrepreneur rendering services.

2

Advertising of banking, insurance and other financial services should not:

  • Contain guarantees or promises on the future efficiency of the activity (return on investments), including those based on real figures in the past, if such activity efficiency (return on investments) cannot be determined at the time of concluding the relevant agreement;
  • Withhold other conditions of rendering relevant services that affect the amount of income received by the persons using the services, or the amount of expenses incurred by the persons using the services if at least one of these conditions is reported in the advertisement (if at least one condition affecting income on a deposit is indicated in the banner, then all other conditions should be indicated in the banner as well).

It is strongly recommended to set forth following warning: No other conditions affecting the amount of income (amount of expenses) are provided.

3

Advertising services related to loan or credit extension:

If an advertisement of services related to loan or credit extension, use and repayment of loan or credit contains at least one condition affecting its value such advertisement should contain all other conditions determining the total cost of the loan (credit) determined in accordance with Federal Law “On consumer loan (credit)” for the borrower and affecting this cost. It is strongly recommended to set forth following warning: No other conditions affecting the cost of the credit are provided.

The installment plan provided by the developer does not apply to financial services and does not require indication of all conditions affecting consumers' income/expenditures. Please note that this exception applies only to the installment plans provided by a developer.

If microfinance organizations and their services are advertised:

Microfinance organizations should be members of SROs and have a certificate confirming such membership.

The SRO, the member of which relevant microfinance organization is, should be listed in the public registry of microfinance organizations. You can check the enrollment in the public registry here: http://www.cbr.ru/finmarkets/?Prtid=sv_micro&ch=ITM_54952#CheckedItem

4

Advertising services related to management, including trust management, assets management (including securities, investment reserves of joint-stock investment funds, mutual investment funds, pension reserves of non-state pension funds, pension savings funds, mortgage coverage, savings for military personnel housing)*

should contain:

  • Source of information subject to disclosure in accordance with federal laws;
  • Information about the location or address (phone number), where, before entering into the relevant agreement, interested parties may familiarize themselves with the terms of asset management, receive information about the person managing the assets, and other information that should be surely provided.

    • should not contain:

  • Information not confirmed by documents, if it directly relates to asset management;
  • Information on the results of asset management, including about their change or comparison in the past and/or at the moment, not based on profitability calculations;
  • Information on guarantees of reliability of possible investments and stability of the size of possible incomes or costs associated with the specified investments;
  • Information about possible benefits associated with the methods of asset management and/or other activities;
  • Statements about possibility of achieving results of asset management in the future similar to the results achieved.

5

Advertising services related to raising funds for housing construction

    is not allowed:

  • Before issuance of a permit for construction;
  • Before receiving the conclusion of the body authorized to exercise state control (supervision) in the field of shared construction of apartment buildings and (or) other objects of real estate of the executive authority of the Russian Federation on the territory of which the construction is carried out;
  • Before state registration of the right of ownership or the lease right for the land plot provided for construction;
  • In the period of developer activity suspension.

    • should contain:

  • Information about the place and ways of getting familiarized with the project declaration.*
  • Company name (title) of the developer or commercial designation identifying the developer as specified in the project declaration.

*A project declaration is not required if the construction has already been completed and ready-made apartments are being sold (under sale and purchase agreements, and not under construction participation agreements). Also, the project declaration is not required when advertising objects of individual housing construction.

Example:

You can read the project declaration on our website at www.link

6

Advertising related to the raising and use of monetary assets for the purchase of housing by housing savings cooperative**

    should contain:

  • Information on the procedure for covering by members of the housing savings cooperative of losses incurred by them;
  • Information on the inclusion of housing savings cooperative in the registry of housing savings cooperatives;
  • Address of the website where information is disclosed by the housing savings cooperative.

    • is not allowed:

  • To guarantee the time constraints of acquisition or construction of residential premises.

7

Advertising the services in the field of consumer loans extension by persons who are not engaged in professional activities in the field of consumer loans extension in accordance with the Federal Law “On consumer credit (loan)” is not allowed.

8

Advertising encouraging to conclude transactions with Forex dealers***

should contain the following indication:

“The proposed contracts or financial instruments are highly risky and can lead to full loss of the invested funds. Before settlement of transactions, you should get acquainted with the risks they are associated with.”

Public announcement of prices (procedure for determining prices), as well as other essential terms of the contract is not an advertisement that encourages for transactions with Forex dealers.

9

If rendering banking, insurance and other financial services or implementing financial activities can be carried out only by persons who have the appropriate licenses, permits, accreditation or are included in the relevant registry or are members of the respective self-regulatory organizations, advertising the mentioned services or activities rendered or carried out by persons not conforming to such requirements is not allowed.

* Asset management refers to the management of securities, investment reserves of funds, mutual trust funds, pension reserves of non-state pension funds, pension savings funds, mortgage coverage, savings for military personnel housing

** When placing advertisement for services related to raising funds for housing, it is recommended to require an official letter from the advertiser, the essence of which is as follows: I hereby ask you to publish the following promotional and informational materials (description of materials, advertising campaign, etc.). I hereby confirm that the construction permit has been received (+ document details), the project declaration has been published (indicate the source of publication) / (Internet address), the ownership right (lease right) to the land plot provided for construction has been duly registered (+document details). At the moment, the activity of the developer is not suspended. All the requirements of the legislation provided for in advertising services related to raising funds for housing, are complied with by the advertiser.

*** As of January 1, 2016, companies that have not received a license to engage in the activity of Forex dealers and have not entered into a self-regulatory organization cannot advertise the corresponding services. In addition, since October 1, 2015, foreign legal entities in Russia are also not entitled to promote their services to consumers in the Forex market.

10. REAL ESTATE ADVERTISING
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

Excerpt from article 5 of the Federal Law “On Advertising”:

Unfair advertisement is an advertisement that contains false information:

  • on the cost or price of the goods, the order of its payment, the amount of discounts, tariffs and other conditions for the purchase of the goods;

Difference in prices for the advertised property on the site and in advertisement

If the advertisement shows the property price or its limits, and the advertised website contains different prices or prices there are frequently updated, and can also be changed in the course of advertising campaign, the following phrase should be added to the advertisement:

“The prices shown may differ and have been taken from constantly updated database.”

Absence of real estate facility prices on the website

If there are no real estate prices on the advertised site, and the KA states that the price indicated in the banner corresponds to the actual sale price of the advertised object and it will not change during the advertising campaign, then it is not necessary to demand for the above phrase to be included in the banner. Otherwise, the following phrase should be added in the advertisement:

“The prices shown may differ and have been taken from constantly updated database.”

Art. 5 of the Federal Law “On Advertising”;

Advertiser: RUB 100,000 to 500,000;

11. SECURITIES ADVERTISING
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

General Requirements to Advertising*:

  • It is not allowed to advertise securities, the sale of which is possible only among a limited number of persons (for example, advertising of securities of a closed joint stock company is not allowed).
  • It is not allowed to advertise property rights that are not certified by securities under the guise of advertising securities (in other words, it is prohibited to sell non-securities under the guise of securities).
  • It is not allowed to advertise exchange bonds prior to the date of their admission to trading in the process of placing exchange bonds.
  • Advertising should contain information about the persons who have pledged for the securities being advertised.

Art. 29 of the Federal Law “On Advertising”;

Art. 4-6 of the Federal Law “On Protection of Rights and Legal Interests in the Securities Market”;

Art. 27.6 of the Federal Law “On Securities Market”;

Art. 30.2 of the Federal Law “On Securities Market”;

Art. 51.1 of the Federal Law “On Securities Market”;

Advertiser: RUB 100,000 to 500,000 (violation of Cl. 7 of the Art. 5 of the Federal Law “On Advertising”, Art. 28 of the Federal Law “On Advertising”);

Advertising Broadcaster: RUB 100,000 to 500,000 (violation of the Cl. 1, 3, 4, 6 and 8 of the Art. 29 of the Federal Law “On Advertising”);

Advertising Producer: RUB 100,000 to 500,000, if proven guilty

2

Securities advertising should not contain:

  • Promises to pay dividends on shares, as well as income on other securities, with the exception of income, the payment obligation of which is stipulated by the decision on the issue or additional issue of issuing securities, the rules of trust management of mutual investment funds or the rules of trust management of mortgage coverage, or is fixed in securities;
  • Forecasts of growth in the market value of securities.

3

Issue securities advertising:

- Is not allowed until the registration of their prospectus, unless the public offering or public circulation of issued securities does not require registration of their prospectus.

should contain:

  • Name of the issuer;
  • Source of information to be disclosed in accordance with the Russian Federation legislation on securities.

4

Advertising savings certificates, investment mutual funds and mortgage certificates

Requirements are the same as those for advertising of financial services

Accordingly, advertisement of these securities should contain the name of the legal entity or the name of the individual entrepreneur rndering services, the source of information subject to disclosure in accordance with federal law, as well as information about the place or address (phone number) where the interested parties may read the publicly-accessible information.

5

ADVERTISING OF EXCHANGE BONDS IS NOT ALLOWED UP TO THE DATE OF ADMISSION OF THEIR EXCHANGE TO TRADES IN THE PROCESS OF EXCHANGE BONDS PLACEMENT

According to the requirements of the trade organizer, the stock exchange should approve the rules for admission to trading, rules for conducting trades, rules for making and registering securities transactions, listing rules (included in the quotation list)

and delisting of securities, rules for admitting securities to trading without going through the listing procedure, as well as measures aimed at preventing price manipulation and the use of proprietary information. The stock exchange should ensure the openness and publicity of the auction, etc.

* When advertising services on the Forex market an indication that the advertiser has a license is not required, since this activity is not subject to licensing.

12. ADVERTISING OF SERVICES FOR THE CONCLUSION OF RENT* CONTRACTS INCLUDING A CONTRACT OF LIFE MAINTENANCE WITH DEPENDENCY**
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

THE ADVERTISING SHOULD NOT contain:

  • Expression of gratitude by individuals who have entered into such agreements;
  • The statement that the conclusion of such contracts has advantages over devising residential or other property (according to Article 1118 of the Civil Code of the Russian Federation, disposing of property in case of death is possible only by following the will);
  • Blaming of family members and close relatives of a potential consumer of such services, which allegedly do not care about them well enough;
  • Mentioning gifts for individuals who have decided to enter into rent contracts with an advertiser or another person.

Part 1 of Art. 583 of the Civil Code of the Russian Federation;

Part 1 of Art. 601 of the Civil Code of the Russian Federation;

Art. 1118 of the Civil Code of the Russian Federation;

Art. 30 of the Federal Law “On Advertising”;

Advertiser: RUB 100,000 to 500,000;

Advertising Producer: RUB 100,000 to 500,000, if proven guilty

2

If the advertiser is an intermediary in concluding rent contracts, including a life-long maintenance contract with a dependency, an advertisement of services for concluding such contracts should indicate that some other person will be a rent payer under such contracts.

* Under the rent contract, one party (the recipient of the rent) transfers the property to the other party (the rent payer), and the rent payer undertakes to pay the rent periodically in the form of a certain amount of money or providing allowances for recipient's maintenance in other form in exchange for the property obtained. Under a rent contract, it is allowed to establish an obligation to pay rent indefinitely (permanent rent) or for the life of the rent recipient (whole life annuity). The rent contract is subject to notarization, and the contract providing for the alienation of immovable property under the payment of rent is also subject to state registration.

** Under a life-long maintenance contract with a dependency - a citizen transfers his (her) dwelling, apartment, land plot or other property into the ownership of the rent payer, who undertakes to carry out life-long maintenance with dependency of the citizen and/or specified third person(s).

13. ADVERTISING MEDIATORS ACTIVITIES FOR ENSURING MEDIATION PROCEDURE*
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

General Requirements to Advertising:

  • It is forbidden to advertise the activity of mediators who have not been trained under the additional professional program in the field of mediation and who do not have documents confirming such training.

Thus, it is necessary for the advertiser to obtain a copy of the document confirming obtaining professional education by the mediator (certificate, license, confirmation).

Art. 30.1. of the Federal Law “On Advertising”;

Art. 16 of the Federal Law 'On the alternative procedure for the settlement of disputes with the participation of a mediator (mediation procedure)'

Not provided for (a gap in the legislation)

2

The advertising should contain:

  • Information on documents confirming that the mediator has completed training as per additional professional program in the field of mediation (name of the document, series, number, date of issue, issuing organization);
  • For advertising activities for the organization that carries out activities to ensure the conduct of the mediation procedure - a source of information about the rules of the mediation procedure, standards and rules for the professional activities of mediators.

    • The advertising should NOT contain:

  • Statements that the use of the mediation procedure as a method of settling a dispute has advantages over the resolution of a dispute in a court, arbitration court or tribunal proceedings.

* Mediation procedure is an alternative extrajudicial method of settling disputes between the parties with the assistance of a visiting facilitator (mediator) in order to come to mutually acceptable solution.

14. ADVERTISING PROMOTIONAL ACTIVITIES* (promotional lottery, competition, game or other similar event, the condition of participation in which is the acquisition of a certain product)
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

The advertising should specify:

  • Timeframes of the promotional event;
  • Source of information about the organizer of the promotional event;
  • Source of information about the rules of event conducting;
  • Source of information about the number of prizes or winnings, dates, place and order of their receipt.

Subcl. 15 of the Cl. 3 of the Art. 5 of the Federal Law “On Advertising”;

Art. 9 of the Federal Law “On Advertising”;

Cl. 4 of the Art. 21 of the Federal Law “On Advertising”

Cl. 5 of the Art. 21 of the Federal Law “On Advertising”

Cl. 27 of the Resolution of the Plenum of the Supreme Arbitration court of 08.10.2012. No. 58 “On some issues of the practice of application by the arbitration courts of the Federal Law “On Advertising”;

Letter of the Federal Anti-monopoly Service of Russia dated 02.12.2011 No. AK/44977 “On the clarification of certain provisions of the Federal Law “On Advertising”.

Letter of the Federal Antimonopoly Service of Russia dated 02.12.2011. No. AK/44977

Cl. 2, Sect. III of the Review of the practice of application of antimonopoly legislation in the Federal Arbitration Court of the North Caucasus District. Published in the Bulletin of the Federal Arbitration Court of the North Caucasus District, 2012, No. 2.

Advertiser: RUB 100,000 to 500,000 (violation of Cl. 2-8 of the Art. 5 of the Federal Law “On Advertising”, Art. 9 of the Federal Law “On Advertising”, Cl. 1, 3, 5 of the Art. 21 of the Federal Law “On Advertising”);

Advertising Broadcaster: RUB 100,000 to 500,000 (violation of the Art. 9 of the Federal Law “On Advertising”); 2-4 of the Art. 21 of the Federal Law “On Advertising”);

Advertising Producer: RUB 100,000 to 500,000, if proven guilty

Example:

It is a promotional event. Timeframes: ____ through____. The source of information about the organizer, about the rules of holding, about the number of prizes, dates, place and order of their receipt, can be found on the website www.link

2

Promotional event advertising should not **:

  • Appeal to minors;
  • Create the impression that participation in an event is a way of earning or receiving other income;
  • Contain statements that exaggerate the likelihood of winning or minimize the degree of risk;
  • Contain proofs of receipt of winnings by persons who are recognized as winners in accordance with the conditions of the event, but did not receive any winnings;
  • Contain allegations that participation in events is important for achieving public recognition, professional, sports or personal success;
  • Blame people for not participating in events;
  • Create the impression that winnings are guaranteed for everyone.

3

In advertising, it is recommended to focus on the fact that the advertised object is a promotional event.

Example:

  • It is a promotional contest (action, event);
  • It is not a lottery.

4

Discounts, sales, actions are not considered promotional activities, if:

Setting of discounts, actions for goods is not associated with purchase of certain product.

That is, if the organization informs in any way about the price reduction for certain goods and if this action applies to all potential buyers without the condition of prior purchasing any product, without establishing rules that would clearly indicate the buyer's obligation to purchase goods for participation in the relevant action, it is not recognized as a promotional event.

Inappropriate advertising is advertising that does not meet the requirements of the legislation of the Russian Federation. Advertising is not allowed if it has no essential part of information about the advertised product, about the conditions for its purchase or use, if it distorts the meaning of the information and misleads consumers;

* Promotional event is an event the condition for participation in which is the purchase of particular product. Such promotional events include organization and execution of games, contests and promotional lottery.

All kinds of promotional events are united by their incentive feature which means that there are reasons in the rules and conditions for such campaigns that encourage people to take part in them. As a rule, it is an opportunity to receive some material benefit, reward while purchasing certain product.

** It is not allowed to advertise a promotional event the condition for participation in which is the purchase of alcoholic beverages and/or tobacco, tobacco products or tobacco-related goods and/or tobacco consumption.

15. LOTTERY ADVERTISING*
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

General Requirements to Advertising:

Availability of copy (scan) of permission to conduct the lottery.

Subcl. 15 of the Cl. 3 of the Article 5 of the Federal Law “On Advertising”;

Art. 9 of the Federal Law “On Advertising”;

Art. 27 of the Federal Law “On Advertising”;

Art. 3 of the Federal Law “On Advertising”;

Art. 27 of the Federal Law “On Advertising”;

Art. 9 of the Federal Law “On Advertising”;

Advertiser: RUB 100,000 to 500,000 (violation of Cl. 2-8 of the Art. 5 of the Federal Law “On Advertising”, Cl. 1, 5 of the Art. 27 of the Federal Law “On Advertising”);

Advertising Broadcaster: RUB 100,000 to 500,000 (violation of the Cl. 2, 5 of the Art. 9 of the Federal Law “On Advertising”);

Advertising Producer: RUB 100,000 to 500,000, if proven guilty

2

The advertising should specify:

  • Timeframes of the drawing;
  • Source of information about the lottery organizer;
  • Source of information about the lottery rules;
  • Source of information about the prize fund of the lottery, the timeframes, places and procedure for obtaining winnings.

Example:

It is a lottery. Timeframes of the drawing are: ____ through ____. The source of information about the organizer of the lottery, about the rules of its conducting, about the prize fund, dates, place and winnings receipt procedure can be found on the website www.link

3

Lottery advertising should not:

  • Appeal to minors;
  • Create the impression that participation in the lottery is a way of earning or receiving other income;
  • Contain statements that exaggerate the likelihood of winning or minimize the degree of risk;
  • Contain proofs of receipt of winners by persons who are recognized as winners in accordance with the terms of the lottery, but have not received their winnings;
  • Contain claims that participation in lotteries is important for achieving public recognition, professional, sports or personal success;
  • Blame people for not participating in lotteries;
  • Create the impression that winnings are guaranteed for everyone.

* Lottery is a game in which one party (the lottery organizer) is drawing lottery prize fund, and the other party (the lottery participant) is entitled to win if recognized as winner in accordance with the lottery terms. Participation in the lottery is confirmed by issuing a lottery ticket, receipt, other document or by other means stipulated by the lottery terms.

Lottery, unlike risk-based games and betting, is the only game that is allowed to be advertised on the Internet.

16. ADVERTISING BASED ON THE RISK OF GAMES AND BETTING*
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

On the Internet, such advertising is allowed only:

  • On websites registered as online publication sites specializing in materials and messages of physical culture and sports;
  • On the official websites of all-Russian sports federations or professional sports leagues;
  • On the sites owned by the founder of a sports-oriented television channel that is not a television channel, access to which is carried out exclusively on a paid basis and (or) using decoding technical devices.

Art. 27 of the Federal Law “On Advertising”;

Letter of the Federal Antimonopoly Service dated 31.03.2017 No. AK/20951/17 “On Amendments to the Federal Law “On Advertising”.

Letter of the Federal Antimonopoly Service dated 07.08.2017 No. AK/53829/17 “On the advertising of bookmakers”.

Advertiser: RUB 200,000 to 500,000;

Advertising Broadcaster: RUB 200,000 to 500,000;

2

THE ADVERTISING SHOULD CONTAIN:

  • Indication of the timing of prize drawings in the process of conducting risk-based games and betting;
  • Source of information about the organizer of risk-based games and betting, the rules for their conducting, the prize fund of such games and betting, the number of prizes or winnings, the timing, place and procedure for receiving prizes or winnings.

3

THE ADVERTISING SHOULD NOT:

  • Appeal to minors;
  • Create the impression that participation in risk-based games and betting is a way of earning or receiving other income or another way of earning a livelihood;
  • Contain statements that exaggerate the likelihood of winning or minimize the degree of risk;
  • Contain evidence of winnings by persons recognized as winners in accordance with the conditions of risk-based games, betting, but have not received their winnings;
  • Contain statements that participation in risk-based games and betting is important for achieving public recognition, professional, sports or personal success;
  • Blame people for non-participation in risk-based games, betting;
  • Create the impression that winnings are guaranteed for everyone.
  • Use images of people and animals.

4

Mentioned above requirements apply respectively to the gambling organizer's advertising, gambling-related services advertising and gambling establishments advertising, including advertising activities in the field of rendering gambling-related services.

*A risk-based game (gamble) is a risk-based win agreement made by two or more participants of such agreement between themselves or with the gambling organizer according to the rules established by the gambling organizer (Article 4 of the Federal Law “On State Regulation of organization and conduct of gambling and on amending some legislative acts of the Russian Federation”).

A bet is a risk-based win agreement made by two or more participants between themselves or with the organizer of a gambling establishment (organizer of the betting pool), the outcome of which depends on an event for which it is not known whether it will occur or not, for example, horse racing bets.

17. ADVERTISING THE GOODS SOLD BY REMOTE METHOD*
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

General Requirements to Advertising:

Advertising materials should contain the following information on the seller of such goods: name, location (location of the legal entity is determined by the place of its state registration) and OGRN of the legal entity; surname, name, patronymic, OGRNIP for individual entrepreneur.

Art. 8 of the Federal Law “On Advertising”;

Art. 54 of the Civil Code of the Russian Federation;

Resolution of the Government of the Russian Federation No. 612 “On approval of rules for the sale of goods by remote means” dated 27.09.2007;

Letter of Rospotrebnadzor “On prevention and elimination of offenses in the remote method of selling goods” dated 08.04.2005. No. 0100/2569-05-32;

Government Decree No. 55 “On approving the rules for the sale of certain types of goods, a list of durable goods that are not covered by the buyer's requirement to be given free of charge to him (her) for the period of repair or replacement of similar goods, and a list of non-food goods of good quality that cannot be returned or exchanged for similar goods of other sizes, shapes, dimensions, style, colors or configuration” dated 19.01.1998;

Art. 26.1 of the Federal Law “On protection of consumers”

Presidential Decree No. 179 “On the types of products (works, services) and production wastes the free sale of which is prohibited,” dated 22.02.1992

Advertiser: RUB 100,000 to 500,000;

Advertising Broadcaster: RUB 100,000 to 500,000;

Advertising Producer: RUB 100,000 to 500,000, if proven guilty

2

It is not allowed to advertise sales by remote method of the following goods:

  • Alcoholic beverages;
  • Tobacco, tobacco products or tobacco-related goods and/or tobacco consumption,
  • Precious and rare-earth metals and products made of them (jewelry, trims, scrap of precious metals);
  • Precious stones and goods made of them (jewelry, trims);
  • Waste containing precious and rare metals and precious stones;
  • Strategic materials;
  • Military communication and automated control systems;
  • Encoding equipment;
  • X-ray equipment, instruments and equipment using radioactive substances and isotopes;
  • Waste of radioactive materials, explosives;
  • Poisons, narcotic drugs and psychotropic substances;
  • Ethanol;
  • Medicines, with the exception of medicinal herbs;
  • Medicinal raw materials obtained from reindeer herding (antlers and endocrine raw materials);
  • Special and other technical facilities intended for concealed obtaining information.

* Remote method of sale is the sale of goods under a retail sale contract concluded on the basis of the purchaser's familiarization with the description of the goods offered by the seller, which description is contained in catalogs, brochures, booklets or presented in photographs or by means of communication facilities, or by other means that exclude the possibility of direct familiarization of the buyer with the goods or sample of the goods when concluding such contract.

Thus, following mandatory characteristics of remote selling can be marked:

- Sale of goods in retail, intended for personal, family, home or other use, not related to business activities; i.e. wholesale and sale of goods to an organization or an entrepreneur does not fall under the requirements of the law on advertising the sale of goods by remote method;

Lack of direct buyer’s familiarization with the goods at the time of purchase.

If there is no option on the client’s website to pay for the selected goods with a bank card, electronic monetary funds (webmoney, etc.) and cash payment to courier is provided (either by paying with a bank card to courier or there is a possibility of pickup from a specific delivery point /store, and, accordingly, payment on the spot) such a sale will not be considered remote. Therefore, you can advertise the sale of jewelry.

Cash on delivery means that when a parcel is received at a post office, a person pays for the ordered product and for its delivery to the postal employee before receipt/unpacking of the product itself, i.e. before the goods are paid it is impossible to look at them. Such scheme fully describes the remote sales method. It is also important to note the fact that in the case of other product delivery (if an incorrect order has arrived) it is impossible to refuse from its acceptance/payment. Consequently, payment of goods by cash on delivery relates to distance selling, and it is also impossible to advertise a client who has such payment option.

As for buying jewelry on credit. If the client’s site provides for a purchase on credit and the loan is processed directly in the seller’s shop, i.e. you can choose a product on the website, check it in the store, issue a loan and make initial payment for the product, then this method is not be considered remote selling, respectively, you can safely advertise clients of this type.

If the loan application can be sent via the Internet and you need to come to the bank in which you need to sign a loan agreement and pay the down payment (without prior getting acquainted with the product) in this case, this scheme will also apply to the sale by remote method, because the conclusion of the loan agreement and the payment of the initial fee are made before the buyer can get acquainted the product itself.

18. SOCIAL ADVERTISING
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

Social advertising does not allow to:

  • Mention specific brands (models, articles) of goods;
  • Mention trademarks, service marks and other means of goods individualization;
  • Mention individuals and legal entities

Part 11 of the Art. 3 of the Federal Law “On Advertising”

Art. 10 of the Federal Law “On Advertising”;

Letter of the Federal Antimonopoly Service of 16.06.2011 No. АК/22793.

Advertiser: RUB 100,000 to 500,000 (violation of Cl. 4-6 of the Art. 10 of the Federal Law “On Advertising”);

Advertising Producer: RUB 100,000 to 500,000, if proven guilty

2

Excluding:

  • Mentioning state authorities, other state bodies, local self-government bodies (municipal bodies);
  • Mentioning sponsors;
  • Mentioning socially-oriented non-profit organizations, in cases where the content of this advertisement is directly related to information on the activities of such organizations, aimed at achieving charitable or other socially beneficial goals;
  • Mentioning individuals in difficult life situations or in need of treatment in order to provide them with charitable assistance.

3

In social advertising, the mentioning of sponsors should occupy not more than 5% of the advertising area (space). These restrictions do not extend to mentioning in social advertising the government bodies, local governments, socially-oriented non-profit organizations, and also individuals who find themselves in a difficult life situation or need treatment in order to provide them with charitable assistance.

* Social advertising is information distributed in any way, in any form and using any means, addressed to an indefinite number of persons and aimed to achieve charitable and other socially beneficial goals, as well as ensuring the interests of the state.

19. INFORMATIONAL PRODUCTS ADVERTISING*
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

The Law “On the protection of children from Information harmful to their health and development” provides for the types of information that are prohibited or restricted for distribution to children.

It also obliges the manufacturer of such information products to indicate the age categories of children for whom the product is intended.

The Law “On Advertising” obliges the advertising distributor to indicate the sign of the age category of children when advertising information products intended for children. Information about which category specific advertised product belongs to shall be provided by the advertiser.

Thus, information products can be divided into 2 types:

  • Information products as referred to in general, i.e. ALL EXISTING books, magazines, films, programmes, etc.
  • Information products intended for children (part of the existing books, magazines, films, programmes, etc. WHICH ARE IN VIRTUE OF THEIR DESIGN AND SUBJECT INTENDED FOR CHILDREN).

    • THE LAW OBLIGES US TO PUT THE “AGE +” MARK ONLY ON THE PRODUCTS OF SECOND TYPE.

    There are 5 categories of products:

  • for children under 6 years old (“0+” mark);
  • for children over 6 years old (“6+” mark);
  • for children over 12 years old (“12+” mark);
  • for children over 16 years old (“16+” mark);
  • products prohibited for children (“18+” mark).

If information products contain information that is prohibited or restricted to be distributed among children and is referred to as products for children, one of the above categories should be indicated in the advertisement of such products.

Subcl. 5 of the Cl. 4 of the Art. 5 of the Federal Law “On Advertising”;

Cl. 2 of the Art. 5 of the Federal Law “On Advertising”

Subcl. 10.1 of the Cl. 10 of the Art. 5 of the Federal Law “On Advertising”;

Subcl. 10.2 of the Cl. 10 of the Art. 5 of the Federal Law “On Advertising”;

Cl. 6 of the Art. 6 of the Federal Law “On Advertising”

Letter of the Federal Antimonopoly Service of 14.12.2012 No. АC/42338/12;

Letter of the Federal Antimonopoly Service of 05.09.2013 No. АC/34774/13;

Art. 2 of the Federal Law “On protection of children from information harmful to their health and development”;

Art. 12 of the Federal Law “On protection of children from information harmful to their health and development”;

Advertiser: RUB 100,000 to 500,000 (violation of Cl. 2-8 of the Art. 5 of the Federal Law “On Advertising”, Art. 6 of the Federal Law “On Advertising”);

Advertising Broadcaster: RUB 100,000 to 500,000 (violation of the Subcl. 3 of the Cl. 4, Cl. 10, 10.1 and 10.2 of the Art. 5 of the Federal Law “On Advertising”);

Advertising Producer: RUB 100,000 to 500.000, if proven guilty

* Information products include:

  • books, magazines, comics, any other printed materials;
  • computer programs (computer games, educational programs, etc.);
  • films, cartoons, performances, any audiovisual production;
  • music;
  • entertainment events (concerts, festivals, etc.).
20. ARBITRATION-RELATED ADVERTISING
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

Advertising the activities of persons who are not entitled to exercise the functions of a permanently operating arbitration institution in accordance with the legislation of the Russian Federation to carry out arbitration, including arbitration activities by an arbitration court established by the parties to resolve particular dispute, including those in the Internet, is not allowed.

Art. 30.2. of the Federal Law “On Advertising”;

Advertiser: RUB 100,000 to 500,000;

21. LIABILITY FOR VIOLATION OF THE ADVERTISING LEGISLATION*
No.Prohibition/limitation/requirementsSubstantiationResponsibility

1

Liability for Violation of the Advertising Legislation

Art. 14.3 of the Administrative Offences Code

Fine in the amount of RUB 100,000 to 500,000.

2

Advertising materials or copies thereof, including all amendments, as well as contracts for the production, placement and distribution of advertising, should be stored for one year from the date of the last distribution of advertising or from the date of termonation of such contracts.

Art. 19.31 of the Administrative Offences Code

Fine in the amount of RUB 20,000 to 200,000.

3

When conducting inspections for compliance with the advertising legislation the antimonopoly authorities have a right to request any information (data) they need, as well as to issue directives in case of violations.

Art. 19.8 of the Administrative Offences Code

Failure to provide such information, as well as incomplete or distorted presentation or submission of inaccurate information entails imposition of a fine in the amount of RUB 20,000 to 200,000.

4

Failure to comply with the legal decision, directive of antimonopoly authority within the stipulated time period.

Subcl. 2.4 of the Cl. 2 of the Art. 19.5 of the Administrative Offences Code

Fine in the amount of RUB 300,000 to 500,000.

* Validity period for administrative liability for violations of the legislation on advertising is 1 year from the date of the administrative offense commitment.