State control compliance with the legislation of the Russian Federation on advertising is carried out by the Ministry of the Russian Federation for Antimonopoly Policy and Entrepreneurship Support (MAP of Russia) 1 and its territorial bodies, which, in particular:

Prevent and suppress the facts of inappropriate advertising committed by legal entities and individuals;

Send materials on violations of the legislation of the Russian Federation on advertising to the authorities that issued the license to resolve the issue of its suspension or early cancellation;

They send materials to the prosecutor's office and other law enforcement agencies according to their jurisdiction to resolve the issue of initiating a criminal case on the grounds of crimes in the field of advertising.

In accordance with Art. 2 of the Law "On Advertising" inadequate unfair, unreliable, unethical, deliberately false and other advertising is recognized, in which violations of the requirements for its content, time, place and method of distribution established by the legislation of the Russian Federation are allowed.

unscrupulous advertising that discredits legal and individuals who do not use the advertised goods; contains incorrect comparisons of the advertised product with the product (s) of other legal entities or individuals, as well as statements, images that discredit the honor, dignity or business reputation of a competitor (competitors); misleads consumers about the advertised product through imitation (copying or imitation) common project, text, advertising formulas, images, musical or sound effects used

unreliable advertising is recognized in which there are untrue information about: the nature, composition, method and date of manufacture of the goods, purpose, consumer properties, conditions of use, the presence of a certificate of conformity, certification marks and marks of conformity state standards, quantity, place of origin of the goods; availability of goods on the market, the possibility of its acquisition in the specified volume, period of time and place; cost (price) of the goods at the time of distribution of advertising; additional payment terms; delivery, exchange, return, repair and maintenance of goods; warranty obligations, service life and shelf life; exclusive rights to the results of intellectual activity and equivalent means of individualization of a legal entity, individualization of products, works or services performed; rights to use state symbols (flags, coats of arms, anthems), as well as symbols international organizations; official recognition, receiving medals, prizes, diplomas and other awards; providing information on how to purchase a complete series of goods, if the product is part of a series; research and test results, scientific terms, quotes from technical, scientific and other publications; statistical data, which should not be presented in a way that exaggerates their validity; references to any recommendations or to the approval of legal entities or individuals, including outdated ones; the use of terms in superlatives, including by using the words "most", "only", "best", "absolute", "only" and the like, if they cannot be documented; comparisons with other goods (goods), as well as with the rights and status of other legal entities or individuals; references to any guarantees to the consumer of the advertised goods; the actual demand for the product; information about the advertiser.

Under unethical refers to advertising that contains textual, visual, sound information that violates the generally accepted norms of humanity and morality by using offensive words, comparisons, images in relation to race, nationality, profession, social category, age group, gender, language, religious, philosophical, political and other beliefs of individuals; denigrates objects of art constituting a national or world cultural heritage; discredits state symbols (flags, emblems, hymns), the national currency of the Russian Federation or another state, religious symbols; discredits any natural or legal person, any activity, profession, product.

knowingly false is an advertisement with the help of which the advertiser (advertising producer, advertising distributor) deliberately misleads the advertising consumer. This is a particularly serious type of false advertising, as it implies intent. Knowingly false in such advertising may be the information contained in it, both in general and in a certain part. The motives and goals may be different and do not matter for the recognition of advertising deliberately false.

Finally, under hidden refers to advertising that has an unconscious effect on consumer perception. Such information may be present in programs, publications that are not officially advertising; be distributed through the use of special video inserts (double sound recording) and in other ways.

The advertiser is responsible for the content of advertising information, unless it is proved that the violation occurred through no fault of his. The advertising producer is responsible for the design, production and preparation of advertising, the advertising distributor - for violations of the law in terms of time, place and means of advertising (Article 30 of the Law "On Advertising"). Thus, false advertising is often the fault of the advertiser; hidden advertising using technical means - advertising producer; violation of placement rules outdoor advertising- advertising distributor. In the light of modern statistics, the perpetrators are mostly advertisers.

Article 31 of the Law "On Advertising" states that inappropriate advertising, repeated within a year after the imposition of an administrative penalty for the same actions, as well as knowingly false advertising committed for the purpose of obtaining profit (income) and causing significant damage to state or public interests or legally protected rights and interests of citizens, entail criminal liability. Meanwhile, such criminal liability is not provided for either by the current Criminal Code of the Russian Federation or by the Criminal Code that was in force before it. Therefore, part two of paragraph 2 of Art. 31 of the Law "On Advertising" is not currently in force, although it has not been repealed.

The Criminal Code of the Russian Federation provides for criminal liability for only one type of inappropriate advertising - deliberately false (Article 182).

The violator of the legislation on advertising is obliged, at the request of the antimonopoly body and within the time limits established by it, to produce counter-advertising, which was mentioned earlier. At the same time, in accordance with Art. 2 of the Law "On Advertising" counter-advertising refutation of improper advertising, distributed in order to eliminate the consequences caused by it, is recognized. In this case, the violator bears the cost of counter-advertising in full.

However, not every violation of the law on advertising entails the obligation to carry out counter-advertising. Thus, the unjustified use of the word “best” in advertising certainly obliges to counter-advertising, while the absence in the advertisement of the licensed activity of the license number and the name of the body that issued it or the absence of the mark “subject to mandatory certification” in the advertisement cannot be refuted by counter-advertising. Sometimes it contains a decision of the antimonopoly body on counter-advertising. The violator is obliged to carry out counter-advertising on his own behalf, and not on behalf of the antimonopoly authority.

In accordance with the theory of law, legal responsibility is the application of measures of state coercion to the offender for the unlawful act committed by him. As characteristic features legal liability are as follows:

Connection with state coercion;

The basis of liability is an offense;

Legal responsibility is essential for the functioning of the rule of law, maintaining the regime of law and order. The main functions of legal responsibility are the following:

Preventive (legal responsibility encourages to follow the prescriptions of legal norms);

Punitive (through legal responsibility, society, represented by the state, condemns offenders and imposes on them additional legal obligations or deprives them of certain rights);

Restorative (with the help of legal liability, violated rights and legal relations are restored).

For the application of legal liability, including in the field of advertising, it is necessary to have appropriate grounds. The actual basis of liability is an offense, i.e. a specific act of the subject, contrary to legal norms. The legal basis for liability is a legal norm that provides for a measure of liability for a given offense. On the application of legal liability, a special act of application of law is drawn up, according to which a specific measure of liability is applied to a specific subject for a given offense.

In the theory of law, in the current regulations listed essential principles legal liability:

legality;

Equality of citizens before the law;

Justice;

Single use;

Objectivity;

inevitability;

expediency;

Timeliness;

Individuality.

Depending on the goals and content of responsibility, its various types are distinguished:

1) punitive legal liability, aimed at general and particular prevention (prevention) of offenses, is divided into sectoral types of liability:

a) material (the basis of this type of liability is damage to the employer or employee by the other party in labor relations);

b) disciplinary (it arises as a result of committing disciplinary offenses by an employee. A person exercising administrative and disciplinary power over a specific employee can bring to disciplinary responsibility);

c) civil law (comes for the commission of a civil tort. The imposition of this type of liability is carried out by judicial or administrative bodies);

d) administrative (comes for the commission of administrative offenses provided for by the Code of the Russian Federation on Administrative Offenses and the laws of the constituent entities of the Russian Federation on administrative offenses);

e) criminal (established only by criminal law, the authority to bring to justice criminal liability possessed only by the court);

2) remedial legal liability aimed at eliminating the harm caused to the rights and legitimate interests of the participants legal relations. The content of this type of legal liability consists in the restoration of violated rights or in the enforcement of an unfulfilled duty.

Article 38 of the Law on Advertising differentiates the subjects of liability depending on the type of offense. This article states that the advertiser is responsible for violation of the requirements for the content of advertising, the terms of storage of advertising materials. In particular, the advertiser is liable for violation of the rules provided for in parts 2–8 of article 5, articles 6–9, part 4 of article 10, article 12, parts 1 and 3 of article 21, parts 1 and 3 of article 22, parts 1 and 3 of article 23, articles 24 and 25, parts 1 and 6 of article 26, parts 1 and 5 of article 27, articles 28-30 of the Advertising Law.

The advertiser is responsible for violation of the requirements for the means, time and place of distribution of advertising, terms of storage of advertising materials. In particular, the advertising distributor is liable for violation of the rules established by clause 3 of part 4, parts 9 and 10 of article 5, articles 7–9, 12, 14–18, parts 2–6 of article 20, parts 2–4 of article 21, parts 2–4 of Article 22, parts 2–4 of Article 23, parts 7, 8 and 11 of Article 24, parts 1–5 of Article 26, parts 2 and 5 of Article 27, parts 1, 4, 7, 8 and 11 of Article 28, parts 1, 3, 4 and 6 Article 9 of the Advertising Law.

12.2. Administrative liability for offenses in the field of advertising

Administrative responsibility is established by the Code of the Russian Federation on administrative offenses and the laws of the constituent entities of the Russian Federation on administrative offenses.

According to the Code of Administrative Offenses of the Russian Federation, the basis of liability is an administrative offense, i.e., an unlawful, guilty action (inaction) of an individual or legal entity, for which administrative liability is established by law.

A feature of administrative responsibility is the possibility of bringing to it not only individuals, but also legal entities. A legal entity is found guilty of committing an administrative offense if it is established that it had the opportunity to comply with the rules and norms for the violation of which the law provides for administrative liability, but this person did not take all measures depending on them to comply with them.

At the same time, the imposition of an administrative penalty on a legal entity does not relieve the guilty individual from administrative liability for this offense, just as bringing an individual to administrative or criminal liability does not relieve a legal entity from administrative liability for this offense.

The general composition of an administrative offense in the field of advertising is the composition provided for in Article 14.3 "Violation of the legislation on advertising" (CAO RF).

The object of this offense is the general and special requirements for advertising, established by law about advertising.

The objective side can be expressed either by the action or inaction of the advertiser, advertising producer or advertising distributor in the form of inappropriate advertising or refusal of counter-advertising.

Inappropriate advertising is advertising that does not comply with the requirements of the law. This may be unfair, unreliable advertising, advertising with other violations of the requirements for the content, place, time, method of advertising distribution.

Counter-advertising is a public refutation of false advertising. Decision on counter-advertising current law on advertising is accepted only in court at the suit of the antimonopoly authorities or other persons whose rights and interests have been violated. In its decision, the court determines the form, place and terms for posting the refutation. Refusal to execute the relevant court decision and forms the composition of this offense.

The subject of this offense may be individuals (including officials) and legal entities: advertisers, advertising producers, advertising distributors. The subjective side is characterized by both intentional and careless forms of guilt.

Administrative punishment for this offense is applied in the form of a fine: for citizens - in the amount of 2000 to 2500 rubles; for officials - in the amount of 4,000 to 20,000 rubles; for legal entities - in the amount of 40,000 to 500,000 rubles.

The body that has the right to apply the liability provided for in Article 14.3 (of the Code of Administrative Offenses of the Russian Federation) is the Federal Antimonopoly Service, as well as its territorial bodies (Article 23.48 of the Code of Administrative Offenses of the Russian Federation).

Another administrative offense typical for the field of advertising is the offense provided for in Article 19.5 “Failure to comply with the legal order (decree, presentation, decision) of the body (official) carrying out state supervision(control)" (Code of Administrative Offenses of the Russian Federation).

The object of the offense in this case is the management procedure, which provides for the obligation to fulfill the instructions of the regulatory authorities (their officials) within the prescribed period.

As the objective side of the offense, the inaction of the subject is considered, expressed in the failure to comply with the order (decision) of any controlling body (official) - part 1 of the article, or the antimonopoly body (official) - part 2 of the article, to eliminate violations of the law within the prescribed period.

The subjective side, as in the previous offense, can be expressed in the form of intent or negligence.

The subjects of the offense provided for by part 1 of the article are citizens, officials and legal entities, and the subjects of the offense in the form of failure to comply with the legal order, the decision of the antimonopoly body within the prescribed period are officials and legal entities.

The penalty applied for this offense is fines or disqualification for officials. In particular, the following penalties have been established for non-compliance with the order of the antimonopoly body: for officials - a fine in the amount of 18,000 to 20,000 rubles or disqualification for up to three years; for legal entities - a fine from 300,000 to 500,000 rubles.

In case of non-compliance with the instructions of the antimonopoly body, the subject applying administrative responsibility is the antimonopoly body itself. In case of non-compliance with the instructions of another regulatory body (part 1 of article 19.5 of the Code of Administrative Offenses of the Russian Federation), administrative responsibility is applied in court.

The following composition of an administrative offense provides for liability for failure to provide data (information) that advertising entities are required to submit to the antimonopoly authority in accordance with Article 34 of the Law on Advertising (Article 19.7 of the Code of Administrative Offenses of the Russian Federation).

"Failure to provide information (information)". The object of the offense in this case is also the order of management.

The objective side for the sphere of advertising is characterized by non-submission or untimely submission to the antimonopoly authority of the information necessary for the exercise of its powers of state control over compliance with advertising legislation, or the provision of information in an incomplete or distorted form.

The subjects and the subjective side of this offense are the same as in the offenses considered earlier.

The punishment prescribed by law consists in the imposition of an administrative fine on citizens in the amount of 100 to 300 rubles; for officials - from 300 to 500 rubles; for legal entities - from 3000 to 5000 rubles. This punishment is enforced by the court.

The following administrative offense related to advertising activities is provided for in Article 13.15 “Abuse of freedom mass media"(Code of Administrative Offenses of the Russian Federation).

The object of the offense in this case is public relations to protect the individual, society and the state from the abuse of freedom of the mass media.

The objective side of the offense may consist only in the action: the production and / or distribution of television, video, film programs, documentaries and feature films, as well as information computer files related to special media and information text processing programs containing hidden inserts that affect people's subconscious and / or having a harmful effect on their health.

The subject and subjective side of the offense are similar to those set out above.

The commission of such an offense entails the imposition by the judge of an administrative fine with confiscation of the subject of the administrative offense (for citizens from 2,000 to 2,500 rubles, for officials from 4,000 to 5,000 rubles, for legal entities from 40,000 to 50,000 rubles).

As noted above, in the field of outdoor advertising, relations can be regulated by both federal and local legislation. Accordingly, administrative liability for offenses in the field of outdoor advertising is established both by the Code of Administrative Offenses of the Russian Federation and by the laws of the subjects of the Federation.

Article 11.21 "Violation of the rules for protecting the right of way of a highway" (CAO RF) provides, among other things, liability for the installation of an advertising structure without the consent of the road authorities.

The object of the offense in this case is safety traffic and the established procedure for the use of the right of way of motor roads.

The objective side is expressed in illegal actions: for the advertising sector, this is the installation of an advertising structure without coordination with the road authorities.

The subjects of the offense can be citizens and officials who commit an offense both intentionally and through negligence.

The commission of such an offense entails a warning or the imposition in court of a minimum fine (for citizens from 1,000 to 1,500 rubles, for officials from 3,000 to 5,000 rubles, for legal entities from 50,000 to 80,000 rubles).

The law of the city of Moscow dated January 24, 1996 No. 1 “On administrative liability for offenses in the field of urban improvement” in article 17 provides for liability for violation of the rules for installing, maintaining, accommodating and operating facilities decoration and outdoor advertising.

The object of the offense in this case is the procedure for installing, maintaining, placing and operating outdoor advertising media.

The objective side can be expressed both by action and inaction, violating the requirements for outdoor advertising media and the rules for their placement, the obligations of owners advertising structures. Among other things, the offense includes the placement of outdoor advertising without issuing permits.

The subjects of the offense may be officials and legal entities. The subjective side is intent or negligence.

Administrative punishment for this offense consists in the application of a fine: for officials in the amount of five to thirty minimum dimensions wages, for legal entities - from ten to one hundred minimum wages. Cases of administrative offenses against officials are considered by administrative commissions, with respect to legal entities - by the Association of Administrative and Technical Inspections of the City of Moscow, its district and specialized inspectorates.

Placing false advertising in organizations that sell goods, perform work or provide services to the public may constitute an administrative offense (Article 14.7 of the Code of Administrative Offenses of the Russian Federation “Deception of consumers”).

The object of the offense in this case are the rights and interests of consumers.

The objective side for the sphere of advertising is characterized by actions that mislead consumers about consumer properties, the quality of a product (work, service) or other deception. An administrative offense is considered completed at the moment when the consumer has entered into a contract for the retail sale, performance of work, provision of services (received cash receipt, receipt or other document confirming payment).

The subject of this administrative offense may be a natural person, executive, entity. The fault of the offender is intentional.

Administrative punishment for this offense consists in the imposition of an administrative fine on citizens in the amount of 1,000 to 2,000 rubles; for officials - from 1000 to 2000 rubles; for legal entities - from 10,000 to 20,000 rubles.

Another composition that violates the rights of the consumer, including in the case of the dissemination of false advertising, is provided for in Article 14.8 “Violation of other consumer rights” (CAO RF).

Unlike the previous one, the objective side of this offense is of a special nature and consists in violating the consumer's right to receive the necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about their mode of operation.

The subjects of such an offense can be officials and legal entities, the form of guilt is intent or negligence, the punishment is a fine.

The liability provided for in Articles 14.7 and 14.8 (of the Code of Administrative Offenses of the Russian Federation) is applied by the authorities state inspection on trade, product quality and consumer protection.

The composition of the following offense related to advertising is provided for in Article 5.9 “Violation of the conditions for advertising business and other activities during the election campaign” (CAO RF).

The object of this offense is public relations related to ensuring objective information of voters and referendum participants.

The objective side of the offense is expressed in the action or inaction, which entailed the violation of the conditions for advertising entrepreneurial and other activities of candidates, registered candidates, electoral associations, electoral blocs, other persons and organizations, stipulated by the legislation on elections and referendums, advertising of entrepreneurial and other activities of which are subject to requirements and restrictions provided by the legislation on elections and referendums.

The subjects of the offense may be citizens, officials and legal entities. The offense can be committed both intentionally and negligently.

Punishment for this offense is provided in the form of a fine imposed in court: for citizens in the amount of 1,000 to 1,500 rubles; for officials - from 2000 to 3000 rubles; for legal entities - from 20,000 to 30,000 rubles.

Another offense that can be committed in the field of advertising is provided for by Article 6.13 "Propaganda of narcotic drugs, psychotropic substances or their precursors" (CAO RF).

The object of the offense in this case is the health of citizens, morality, public order.

The objective side includes, among other things, advertising of narcotic drugs, psychotropic substances or their precursors in violation of the requirements of federal law.

The subjects of the offense may be citizens, officials, legal entities who commit this offense intentionally.

The liability provided for such an offense is a fine with a possible confiscation of advertising products and equipment used for its manufacture, or an administrative suspension of activities (for legal entities and individual entrepreneurs). Punishment is applied by the court or officials of bodies authorized in the field of press and mass media, in the field of television, radio broadcasting and state control over technical quality broadcasting, authorities for the control of the circulation of narcotic drugs and psychotropic substances.

For violation of special requirements for advertising securities and financial services, liability is provided for under article 15.24 “Public placement, advertising under the guise of securities of documents certifying monetary and other obligations” (Code of Administrative Offenses of the Russian Federation).

The object of the offense in this case is the rights and legitimate interests of investors, the rules for circulation and advertising of securities.

The objective side of this offense includes, among other things, such an action as advertising under the guise of securities of documents certifying monetary and other obligations and not being securities in accordance with the law.

The offense is committed intentionally by legal or official persons. As a punishment, the Code of the Russian Federation on Administrative Offenses provides for an administrative fine, which is imposed federal agency executive power, authorized in the field of the securities market.

Of all the listed offenses, the most common and typical for the advertising industry is the offense provided for in Article 14.3 “Violation of the Advertising Legislation” (CAO RF). Responsibility for this offense can be applied by the head of the FAS and his deputies, as well as the heads of the territorial bodies of the FAS and their deputies.

For the application of liability, the Code of the Russian Federation on Administrative Offenses provides for a certain procedural order.

According to Article 28.1 (of the Code of Administrative Offenses of the Russian Federation), the reasons for initiating a case on administrative offenses may be:

Direct detection by an authorized official of sufficient data indicating the presence of an event of an administrative offense;

Received from law enforcement agencies, as well as from other government agencies, local governments, from public associations materials containing data indicating the presence of an event of an administrative offense;

Messages and statements of individuals and legal entities, as well as messages in the media containing data indicating the presence of an event of an administrative offense.

A protocol is drawn up on the commission of an administrative offense, which indicates the date and place of its preparation, the position, surname and initials of the person who drew up the protocol, information about the person against whom the case on administrative offense, surnames, names, patronymics, addresses of the place of residence of witnesses and victims, if there are witnesses and victims, place, time of commission and event of an administrative offense, an article of the Code of the Russian Federation on administrative violations or a law of a constituent entity of the Federation providing for administrative responsibility for this administrative offense, explanation the individual or legal representative of the legal entity against whom the case has been initiated, other information necessary to resolve the case.

An individual or a legal representative of a legal entity in respect of whom a case on an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol on an administrative offense. These persons have the right to provide explanations and comments on the content of the protocol, which are attached to it. An individual or a legal representative of a legal entity in respect of whom an administrative offense case has been initiated, as well as the victim, is handed a copy of the protocol on an administrative offense against signature (Article 28.2 of the Code of Administrative Offenses of the Russian Federation).

Protocols on administrative offenses provided for in Article 14.3 (of the Code of Administrative Offenses of the Russian Federation) may be drawn up not only by the above-mentioned employees of the antimonopoly authorities, but also by officials of the internal affairs bodies (police), officials of the state inspection bodies for trade, quality of goods and consumer protection, officials persons of bodies exercising state control over the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products (Article 28.3 of the Code of Administrative Offenses of the Russian Federation). After drawing up, the protocols are sent to the antimonopoly authorities.

When drawing up a protocol on an administrative offense, an individual or a legal representative of a legal entity against whom an administrative offense case has been initiated, their rights and obligations are explained - the right to get acquainted with all the materials of the case, give explanations, present evidence, file petitions and challenges, use legal assistance counsel to be present during the hearing.

According to Article 26.1 (CAO RF), when considering a case on an administrative offense, the following must be established:

1) the presence of an event of an administrative offense;

2) a person who has committed unlawful actions (inaction), for which the law provides for administrative liability;

3) the person's guilt in committing an administrative offense;

4) circumstances mitigating administrative responsibility and circumstances aggravating administrative responsibility;

5) the nature and extent of the damage caused by the administrative offence;

6) circumstances excluding proceedings in a case concerning an administrative offence;

7) other circumstances that are important for the correct resolution of the case, as well as the causes and conditions for committing an administrative offense.

In cases where, after revealing an administrative violation of the legislation on advertising, an examination or other procedural actions are carried out that require significant time costs, an administrative investigation is carried out. The term for conducting an administrative investigation may not exceed one month from the date of initiation of a case on an administrative offense (Article 28.7 of the Code of Administrative Offenses of the Russian Federation).

The case of an administrative offense is considered at the place of its commission. At the request of the person in respect of whom proceedings are being conducted on the case of an administrative offense, the case may be considered at the place of residence of this person. The case of an administrative offense, on which an administrative investigation was conducted, is considered at the location of the body that conducted the administrative investigation.

The case on an administrative offense is considered within 15 days from the date of receipt by the judge, body, official authorized to consider the case, the protocol on the administrative offense and other materials of the case. In case of receipt of petitions from the participants in the proceedings in the case of an administrative offense or if additional clarification of the circumstances of the case is necessary, the term for the consideration of the case may be extended by the judge, body, official considering the case, but not more than for one month (Article 29.6 of the Code of Administrative Offenses of the Russian Federation) .

The procedure for considering a case is defined in Article 29.7 (of the Code of Administrative Offenses of the Russian Federation).

When considering a case on an administrative offense:

1) it is announced who is considering the case, what case is subject to consideration, who and on the basis of what law is brought to administrative responsibility;

2) the fact of the appearance of an individual, or a legal representative of an individual, or a legal representative of a legal entity, in respect of which proceedings are being conducted on an administrative offense case, as well as other persons participating in the consideration of the case, is established;

3) the powers of legal representatives of a natural or legal person, defense counsel and representative are checked;

4) it is ascertained whether the participants in the proceedings have been notified in accordance with the established procedure, the reasons for the non-appearance of the participants in the proceedings are clarified, and a decision is made to consider the case in the absence of the indicated persons or to postpone the consideration of the case;

5) explain to the persons participating in the consideration of the case, their rights and obligations;

6) the submitted challenges and petitions are considered;

7) if necessary, rulings are made.

When the consideration of the case on an administrative offense is continued, a protocol on an administrative offense is announced, and, if necessary, other materials of the case. Explanations of an individual or a legal representative of a legal entity in respect of whom proceedings are being conducted on an administrative offense are heard, testimonies of other persons participating in the proceedings, explanations of a specialist and an expert opinion, other evidence is examined, and in the case of the participation of a prosecutor in the consideration of the case, his conclusion.

Based on the results of the consideration of a case on an administrative offense, a decision may be issued:

1) on imposing an administrative penalty;

2) on termination of proceedings on the case of an administrative offence.

The resolution (Article 29.10 of the Code of Administrative Offenses of the Russian Federation) must indicate:

1) position, surname, name, patronymic of the judge, official, name and composition collegiate body who made the decision;

2) the date and place of the hearing of the case;

3) information about the person in respect of whom the case has been considered;

4) the circumstances established during the consideration of the case;

5) an article of the law providing for administrative liability for committing an administrative offense, or the grounds for terminating proceedings on the case;

6) reasoned decision on the case;

7) the term and procedure for appealing against the decision.

In case of imposition of an administrative fine, the resolution also indicates information about the recipient of the fine, which is necessary in accordance with the rules for filling out settlement documents for transferring the amount of the administrative fine.

The decision is announced immediately after the end of the consideration of the case.

A decision on a case on violation of advertising legislation must be issued within a year from the moment the administrative offense was committed (Article 4.5 of the Code of Administrative Offenses of the Russian Federation).

The decision on the case of an administrative offense may be appealed in court, arbitration court. An appeal against a decision in a case concerning an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.

The main administrative penalty applied for offenses in the field of advertising is an administrative fine.

According to Article 32.2 (CAO RF), an administrative fine must be paid by a person brought to administrative responsibility no later than thirty days from the date the decision to impose an administrative fine enters into force or from the date of expiration of the deferral or installment period provided for in Article 31.5 (CAO RF). The amount of the administrative fine is paid or transferred by the person brought to administrative responsibility to the bank. A copy of the document certifying the payment of an administrative fine, the person held administratively liable shall send to the judge, body, official who issued the decision. In the absence of a document certifying the payment of an administrative fine, after the expiration of due date the judge, body, official who issued the decision shall send the relevant materials to the bailiff to recover the amount of the administrative fine in the manner prescribed by federal law. In addition, the judge, body, official who issued the decision shall make a decision to bring the person who has not paid the administrative fine to administrative responsibility.

The Law on Advertising (Article 38) establishes that the amounts of fines for violating the legislation of the Russian Federation on advertising and non-compliance with the instructions of the antimonopoly authority are credited to the budgets of the country's budget system in the following order:

1) in federal budget- 40 percent;

2) to the budget of the constituent entity of the Russian Federation in whose territory the legal entity or individual entrepreneur those who violated the legislation of the Russian Federation on advertising - 60 percent.

The payment of the fine does not exempt from the execution of the order to stop the violation of the legislation of the Russian Federation on advertising.

12.3. Civil liability for offenses in the field of advertising

Civil liability is the sanctions provided for by the Civil Code of the Russian Federation and applied to the offender in the form of depriving him of his civil right or imposing on him an additional civil obligation.

The general measure of civil liability is compensation for damages. Article 15 Civil Code Russian Federation, losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (actual damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right had not been violated (lost profit).

Liability in the form of damages applies in all cases of violation of civil rights, including in case of violation of contracts concluded between advertisers, advertising producers, advertising distributors (see Chapter 7).

Other forms of civil liability apply only in cases specifically provided for by law or contract.

Special measures of civil liability, typical for the sphere of advertising, are compensation for harm, compensation for moral damage, public refutation of unreliable advertising (counter-advertising).

In addition to general and special civil liability, there are also contractual and non-contractual liability. Contractual liability arises for breach of a contractual obligation. Its essence and conditions are considered by us in Chapter 7. Out-of-contractual liability occurs when the offender is not in a contractual relationship with the victim.

Article 38 of the Law on Advertising provides that persons whose rights and interests have been violated as a result of the dissemination of inappropriate advertising have the right to apply in accordance with the established procedure to a court or arbitration court, including claims for damages, including lost profits, for compensation for damage caused health of individuals and/or property of individuals or legal entities, compensation for moral damage, public refutation of false advertising (counter-advertising). This article deals with non-contractual liability. Its shape and size are determined by law.

The basis for the application of civil liability is a civil offense, which includes general rule wrongful conduct and guilt of the debtor. However, in the cases specified in the law, the liability of the violator may occur without fault. If liability in the form of compensation for losses is applied, the damages themselves and the causal relationship between the action (inaction) of the offender and the losses are also included in the civil offense.

The rules for compensation for harm are set out in Chapter 59 of the Civil Code of the Russian Federation. General rule of this chapter reads (Article 1064 of the Civil Code of the Russian Federation): "The harm caused to the person or property of a citizen, as well as the harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm." Exceptions to this rule are established by law. In particular, harm caused by employees of a legal entity in the performance of labor (service, official) duties is compensated by the legal entity (Article 1068 of the Civil Code of the Russian Federation).

The Civil Code of the Russian Federation provides for various ways of compensation for harm.

Satisfying the claim for damages, the court, in accordance with the circumstances of the case, obliges the person responsible for causing the damage to compensate for the damage in kind (provide a thing of the same kind and quality, fix the damaged thing, etc.) or compensate for the losses caused (Article 1082 of the Civil Code RF).

When a citizen is injured or otherwise damaged in his health, the lost earnings (income) that he had or could definitely have, as well as additional expenses incurred due to damage to health, including the cost of treatment, are subject to compensation. extra food, purchase of medicines, prosthetics, outside care, sanatorium treatment, purchase of special Vehicle training for another profession, if it is established that the victim needs these types of assistance and care and is not entitled to receive them free of charge (Article 1085 of the Civil Code of the Russian Federation).

In the event of the death of the victim, his disabled dependents have the right to compensation for harm in accordance with Article 1088 (Civil Code of the Russian Federation).

Compensation for harm caused by a decrease in the ability to work or the death of the victim is made, as a rule, by monthly payments.

A special case of harm may be associated with the activities of an advertiser - a manufacturer or seller of goods, a performer of work and services for consumers.

Harm caused to life, health or property of a citizen or property of a legal entity due to structural, prescription or other defects in a product, work or service, as well as due to inaccurate or insufficient information about a product (work, service), is subject to compensation by the seller or manufacturer of the product, person, who performed the work or rendered the service (performer), regardless of their fault and whether the victim was in a contractual relationship with them or not (Article 1095 of the Civil Code of the Russian Federation).

In this case, the damage caused due to defects in the goods is subject to compensation at the choice of the injured person by the seller or the manufacturer of the goods. Damage caused as a result of shortcomings in the work or service is subject to compensation by the person who performed the work or provided the service (performer). The same persons compensate for the harm caused due to failure to provide complete or reliable information about the product (work, service). In this case, the fault is not prerequisite responsibility of the offender. The seller or manufacturer of goods, performer of work or service is released from liability only if he proves that the damage was caused by force majeure or violation by the consumer of the established rules for the use of goods, results of work, services or their storage.

A special measure of civil liability, common in the field of advertising, is compensation for moral damage. According to Article 151 (Civil Code of the Russian Federation), if a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on other non-material benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the duty monetary compensation said harm. Physical and moral suffering to citizens may be caused as a result of the dissemination of advertising in violation of statutory general and special requirements, for example, in the case of dissemination of false advertising of medicines.

Compensation for non-pecuniary damage is carried out in cash. When determining the amount of compensation for non-pecuniary damage, the court takes into account the degree of guilt of the offender and other noteworthy circumstances. The court must also take into account the extent and nature of the physical and mental suffering associated with the individual characteristics of the person harmed. The nature of the physical and moral suffering is assessed by the court, taking into account the actual circumstances under which the moral harm was inflicted, and individual characteristics victim. When determining the amount of compensation for harm, the requirements of reasonableness and fairness must be taken into account (Article 1101 of the Civil Code of the Russian Federation).

Moral damage caused by actions (inaction) that violate the property rights of a citizen is subject to compensation only in cases provided for by law. In this case, compensation for moral damage is carried out regardless of the property damage subject to compensation.

As a general rule, compensation for non-pecuniary damage is carried out in the presence of the fault of the tortfeasor, however, in the cases specified in Article 1100 (Civil Code of the Russian Federation), the harm is compensated regardless of fault. Among other things, such cases include harm caused by the dissemination of information discrediting honor, dignity and business reputation.

Another special measure of civil liability in accordance with Article 38 of the Law on Advertising is counter-advertising, i.e. public refutation of false advertising. Such liability applies only in the case of dissemination of false advertising. The form, place and terms of placement of a refutation are determined by the court at the suit of the victim or the antimonopoly authority. Refutation is carried out at the expense of the advertiser.

12.4. Other types of liability for offenses in the field of advertising

For certain especially dangerous offenses related to advertising activities, criminal liability may be applied. However, in practice, such cases almost never occur. Article 182 of the Criminal Code of the Russian Federation "Knowingly false advertising" in December 2003 was declared invalid.

The object of this crime is the rights to the means of individualization of goods (works, services).

The objective side of the crime is the illegal use of someone else's trademark, service mark, appellation of origin or similar designations for homogeneous goods (Part 1, Article 182 of the Criminal Code of the Russian Federation) or the illegal use of warning labels in relation to a trademark not registered in the Russian Federation or the name of the place of origin of the goods (Part 2, Article 182 of the Criminal Code of the Russian Federation), if these acts have been committed repeatedly or have caused major damage. The use of a trademark and other objects of crime can be carried out, including in advertising.

The conditions for bringing to criminal responsibility are the repeated act or the infliction of large damage as a result of the act. Repeated illegal use of a trademark is considered completed from the moment of the second fact of its use. In the material composition, the crime is completed from the moment of causing major damage; according to the note to Article 169 (Criminal Code of the Russian Federation), its amount must exceed two hundred and fifty thousand rubles.

The subjective side is characterized by intent.

The subjects of the crime can be individual entrepreneurs, employees of legal entities.

For the commission of this crime, the court imposes a punishment in the form of a fine, compulsory work or correctional labor. In the event of the commission of these crimes by a group of persons or an organized group, it is possible to impose a penalty of imprisonment for up to six years.

The law also provides for the elements of crimes, “Illegal distribution of pornographic materials or objects” (Article 242 of the Criminal Code of the Russian Federation), “Production and circulation of materials or objects with pornographic images of minors”

(Article 242.1 of the Criminal Code of the Russian Federation).

The objects of these crimes are relations in the sphere of public morality.

The objective side, among other things, includes advertising of pornographic materials or objects (Article 242 of the Criminal Code of the Russian Federation), advertising of materials or objects with pornographic images of obviously minors (Article 242.1 of the Criminal Code of the Russian Federation).

The subjective side of crimes is characterized by direct intent.

The subject of the crime is a person who has reached 16 years of age (Article 242 of the Criminal Code of the Russian Federation) and 18 years of age (Article 242.1 of the Criminal Code of the Russian Federation).

Article 242 (Criminal Code of the Russian Federation) provides for punishment in the form of a fine or imprisonment for up to two years. Article 242.1 (Criminal Code of the Russian Federation) provides for punishment in the form of imprisonment for up to six years, and with a qualified composition - up to eight years.

Another type of legal liability that may apply in the field of advertising is disciplinary liability. This type of liability is subject to labor relations between employers and employees. If an employee of an organization engaged in advertising activities has violated the requirements of advertising legislation, the employer has the right to apply the following disciplinary sanctions to him:

1) remark;

2) reprimand;

3) dismissal on the relevant grounds provided for by the Labor Code of the Russian Federation (Article 192).

The Labor Code of the Russian Federation does not allow the application of disciplinary sanctions and grounds for dismissal that are not provided for by federal laws.

Article 193 Labor Code Russian Federation and establishes the procedure for the application of disciplinary liability.

Before application disciplinary action the employer must ask the employee for an explanation of writing. If the employee refuses to give the specified explanation, an appropriate act is drawn up. A disciplinary sanction is applied, as a rule, no later than one month from the day the misconduct was discovered. The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against receipt within three working days from the date of its issuance. If the employee refuses to sign the specified order (instruction), an appropriate act is drawn up.

Questions and tasks

1. What is legal liability?

2. List the principles and types of legal liability.

3. What is the essence of legal responsibility?

4. Indicate the grounds and procedure for applying administrative liability for offenses in the field of advertising.

5. Determine the grounds and conditions for the application of civil liability for offenses in the field of advertising.

6. Describe the meaning of criminal and disciplinary liability in the field of advertising.

7. Name the problems and prospects for application various kinds legal liability in the field of advertising.

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2) discredits the honor, dignity or business reputation of a person, including a competitor;

3) is an advertisement of a product, the advertising of which is prohibited in this way, at a given time or in a given place, if it is carried out under the guise of an advertisement of another product, the trademark or service mark of which is identical or confusingly similar to the trademark or service mark of the product, in relation to the advertising of which the relevant requirements and restrictions are established, as well as under the guise of advertising of the manufacturer or seller of such goods;

4) is an act of unfair competition in accordance with the antitrust laws.

2) any characteristics of the product, including its nature, composition, method and date of manufacture, purpose, consumer properties, on the conditions for the use of the goods, on the place of its origin, the availability of a certificate of conformity or a declaration of conformity, marks of conformity and marks of circulation on the market, service life, expiration dates of the goods;

3) on the assortment and on the complete set of goods, as well as on the possibility of their acquisition in a certain place or within a certain period of time;

4) on the cost or price of the goods, the procedure for its payment, the amount of discounts, tariffs and other conditions for the acquisition of goods;

5) on the terms of delivery, exchange, repair and maintenance of goods;

6) on warranty obligations of the manufacturer or seller of goods;

7) on exclusive rights to the results of intellectual activity and equivalent means of individualization of a legal entity, means of individualization of goods;

8) on the rights to use official state symbols (flags, emblems, anthems) and symbols of international organizations;

9) official or public recognition, about receiving medals, prizes, diplomas or other awards;

11) on the results of research and testing;

12) on granting additional rights or benefits to the purchaser of the advertised product;

15) on the rules and deadlines for holding an incentive lottery, contest, game or other similar event, including the deadline for accepting applications for participation in it, the number of prizes or winnings based on its results, the timing, place and procedure for receiving them, as well as about the source of information about such an event;

16) on the rules and terms of risk-based games, bets, including the number of prizes or winnings based on the results of risk-based games, betting, terms, place and procedure for receiving prizes or winnings based on the results of risk-based games, bets , about their organizer, as well as about the source of information about risk-based games, bets;

17) on the source of information subject to disclosure in accordance with federal laws;

18) about the place where, prior to concluding a contract for the provision of services, interested persons can familiarize themselves with the information that must be provided to such persons in accordance with federal laws or other regulatory legal acts of the Russian Federation;

19) about the person who undertook to security;

1) induce to commit unlawful acts;

2) call for violence and cruelty;

3) resemble road signs or otherwise endanger the traffic safety of road, rail, water and air transport;

4) form a negative attitude towards persons who do not use the advertised goods, or condemn such persons.

1) the use of foreign words and expressions that can lead to a distortion of the meaning of information;

In accordance with Federal Law No. 218-FZ of July 18, 2011, from July 23, 2012, in paragraph 3 of Part 5 of Article 5, the words "as well as beer and drinks made on its basis" will be excluded.

3) demonstration of smoking and consumption processes alcoholic products, as well as beer and drinks made on its basis;

4) the use of images of medical and pharmaceutical workers, except for such use in advertising medical services, personal hygiene products, in advertising, the consumers of which are exclusively medical and pharmaceutical workers, in advertising distributed at the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertising placed in printed publications intended for medical and pharmaceutical workers;

6) an indication of the medicinal properties, that is, a positive effect on the course of the disease, of the object of advertising, with the exception of such an indication in the advertisement of medicines, medical services, including methods of treatment, medical devices and medical equipment.

6. In advertising, it is not allowed to use swear words, obscene and offensive images, comparisons and expressions, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, emblems, hymns), religious symbols, objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, as well as objects of cultural heritage included in the World Heritage List.

7. Advertising is not allowed, in which there is no part of the essential information about the advertised product, about the conditions for its acquisition or use, if the meaning of the information is distorted and consumers of advertising are misled.

(Part seven.1 was introduced by Federal Law No. 48-FZ of April 12, 2007)

8. Advertising of goods, in respect of which the rules for use, storage or transportation or regulations for use have been approved in accordance with the established procedure, must not contain information that does not comply with such rules or regulations.

9. It is not allowed to use in radio, television, video, audio and film products or in other products and distribute hidden advertising, that is, advertising that has an effect on their consciousness that is not realized by consumers of advertising, including such an effect through the use special video inserts (double sound recording) and in other ways.

11. When producing, placing and distributing advertisements, the requirements of the legislation of the Russian Federation, including the requirements of civil legislation, legislation on the state language of the Russian Federation, must be observed.

(part eleven, ed. federal law dated December 18, 2006 N 231-FZ)

Article 38

1. Violation by individuals or legal entities of the legislation of the Russian Federation on advertising entails liability in accordance with civil law.

2. Persons whose rights and interests have been violated as a result of the dissemination of improper advertising shall have the right to apply in accordance with the established procedure to a court or arbitration court, including claims for damages, including lost profits, for compensation for harm caused to the health of individuals and (or ) property of individuals or legal entities, on compensation for non-pecuniary damage, on public refutation of unreliable advertising (counter-advertising).

3. If the antimonopoly body establishes the fact of dissemination of unreliable advertising and issues an appropriate order, the antimonopoly body shall have the right to apply in accordance with the established procedure to a court or arbitration court with a claim against the advertiser for a public refutation of false advertising (counter-advertising) at the expense of the advertiser. In this case, the court or the arbitration court determines the form, place and terms for posting such a refutation.

4. Violation by advertisers, advertising producers, advertising distributors of the legislation of the Russian Federation on advertising entails liability in accordance with the legislation of the Russian Federation on administrative offenses.

5. Federal laws may establish other liability measures for intentional violation of the legislation of the Russian Federation on advertising.

In accordance with Federal Law No. 218-FZ of July 18, 2011, effective July 23, 2012, in Part 6 the words "Parts 1 and 3 of Article 21" will be replaced by the words "Parts 1, 3, 5 of Article 21", and the words "Parts 1 and 3 article 22," will be deleted.

6. The advertiser is liable for violation of the requirements established by parts 2 - 8 of article 5, articles 6 - 9, parts 4 - 6 of article 10, article 12, parts 1 and 3 of article 21, parts 1 and 3 of article 22, parts 1 and 3 Article 23, Articles 24 and 25, Parts 1 and 6 of Article 26, Parts 1 and 5 of Article 27, Articles 28-30 of this Federal Law.

(as amended by Federal Law No. 115-FZ of June 3, 2011)

(see text in previous edition)

In accordance with Federal Law No. 218-FZ of July 18, 2011, effective July 23, 2012, in Part 7 the words "Parts 2-4 of Article 22," will be deleted.

7. The advertiser is liable for violation of the requirements established by paragraph 3 of part 4, parts 9 and 10 of article 5, articles 7 - 9, 12, 14 - 18, parts 2 - 6 of article 20, parts 2 - 4 of article 21, parts 2 - 4 Article 22, parts 2-4 of Article 23, parts 7, 8 and 11 of Article 24, parts 1-5 of Article 26, parts 2 and 5 of Article 27, parts 1, 4, 7, 8 and 11 of Article 28, parts 1, 3, 4, 6 and 8 of Article 29 of this Federal Law.

(as amended by Federal Law No. 18-FZ of February 9, 2007)

(see text in previous edition)

9. Amounts of fines for violation of the legislation of the Russian Federation on advertising and failure to comply with the instructions of the antimonopoly body shall be credited to the budgets of the budgetary system of the Russian Federation in the following order:

1) to the federal budget - 40 percent;

2) to the budget of the constituent entity of the Russian Federation in whose territory a legal entity or an individual entrepreneur is registered that has committed a violation of the legislation of the Russian Federation on advertising - 60 percent.

10. Payment of the fine does not exempt from the execution of the order to stop violating the legislation of the Russian Federation on advertising.

49. Limitation of manipulative strategies in advertising.

Article 6. Comparisons
Advertising containing comparisons must be made in such a way that the comparison itself cannot be misleading, and must also comply with the rules of fair competition. The parameters to be compared should be based on facts on which evidence can be presented.

Article 7. Evidence
Advertisements must not contain personal testimonials or endorsements or references to them unless they are genuine. Evidence or endorsements that are outdated or otherwise no longer applicable should not be used.

Article 9 Use of reputation
1. Advertising must not unreasonably use the fame and business reputation of other firms, companies or organizations, as well as unreasonably exploit the reputation (authority) of people known in society.
2. Advertising must not unreasonably benefit from the prestige inherent in a person trademark or symbol of another firm or product, or from prestige derived from another advertising campaign.
3. Advertisements must not contain images or references to any person, either private or in public office, without obtaining their prior consent to do so; Advertisements must also not, without prior permission, depict or refer to the property of any person in a way that may give the impression that that person is acknowledging the content of the advertisement.

Article 10 Imitation
1. Advertisements must not mimic the overall composition, text, slogans, visual images, music, sound effects, etc. of other advertisements in such a way that they may be misleading or mistaken for other advertisements.
2. If an advertiser in one or more countries organizes an advertising campaign that has a characteristic distinctive ability, other advertisers should not imitate this campaign in other countries where this advertiser operates.

ADVERTISING LEGISLATION
V. SEMEUSOV
V. Semeusov, Doctor of Law, Professor (Irkutsk).
The development of the advertising services market has led to the need for legal regulation of this activity. It is primarily about protecting the rights and interests of consumers. Unfair, unethical advertising can do a lot of harm. So, after watching another commercial about a new miraculous drug, the patient, in the hope of being cured, not only empties his wallet, but often endangers his life.
Unbelievable, but true: the advertising services market in Russia functioned for some time in a legal vacuum, since there were no legal provisions in this regard.
After the adoption of the Federal Law of July 18, 1995 "On Advertising" Advertising activity recognized as entrepreneurial. The legal relations associated with it are now regulated by special legislation, which should be considered part of the economic, and violations of it - economic offenses.
The law introduces the concept of improper advertising, its classification is given. This includes unfair, unreliable, unethical, deliberately false and other advertising, in which violations of the requirements for its content, time, place and method of distribution established by the legislation of the Russian Federation are allowed. Violation of the legislation on advertising is subject to civil, administrative and criminal liability. Let's start with the last one. In Art. 31 of the Federal Law of July 18, 1995, it is written: "Inappropriate advertising, repeated within a year after the imposition of an administrative penalty for the same actions, entails criminal liability in accordance with the legislation of the Russian Federation." Alas, there is still no such corpus delicti in the Criminal Code of the Russian Federation. Therefore, until now, criminal liability for inappropriate advertising under certain circumstances has not been introduced.
The law prohibits false advertising under penalty of criminal liability. But for some time there was no corresponding criminal-legal norm. Now in Art. 182 of the Criminal Code, the plot of a crime called "knowingly false advertising" is stated as follows: the use in advertising of knowingly false information about goods, works or services, as well as their manufacturers (performers, sellers), committed out of selfish interest and caused significant damage.
Criminal punishment for deliberately false advertising occurs if this act caused "substantial" according to the Law of July 18, 1995, and according to Art. 182 of the Criminal Code - "significant" damage. What does it mean? There is no legal answer.
Disposition Art. 182 of the Criminal Code is such that the issue of specific subjects of criminal liability is also unclear. After all, an advertiser, an advertising producer, an advertising distributor are involved in the advertising business. These are usually legal entities. But in Russian criminal law there is a principle that a legal entity cannot be subject to criminal liability, it has no place in the dock.
Apparently, we are talking about the criminal liability of officials who violated advertising legislation. It must be assumed that the responsibility provided for by Chapter 5 of the Law of July 18, 1995, is borne by the subjects of this activity in the part that applies to them. Thus, the advertiser is liable for violation of the law in terms of the content of information provided for the creation of advertising; advertising producer - for violations in the design, production, preparation of advertising; advertising distributor - for violations regarding the time, place and means of advertising.
In accordance with the Law, deliberately false advertising, made with the aim of making a profit (income) and causing significant damage to state interests or the rights and interests of citizens protected by law, entails criminal liability. It turns out that the interests of legal entities, to which false advertising can cause significant damage, are not protected under criminal law. One can hardly agree with this, because both citizens and legal entities are recognized as consumers of advertising. Knowingly false advertising involves the deliberate misleading of any consumers.
For violation of the legislation on advertising, the antimonopoly body has the right to impose a fine in the amount of up to 5,000 minimum wages. The amount, of course, is impressive. But it turns out to be a bluff. After all, a fine in this amount can be collected only in two cases: for failure to comply with the instructions to stop violations of advertising legislation and for failure to comply with decisions on counter-advertising. If the prescription is complied with, then the Law does not provide grounds for imposing a fine in the specified amount.
The procedure for collecting an administrative fine for inappropriate advertising is as follows. It must be paid voluntarily within 30 days from the date of issuance of the relevant decision. What if the perpetrator evades payment? It is logical to assume that then the fine is collected in an indisputable manner. But no. In this case, you need to go to court (Article 31 of the Law "On Advertising"). The court is obliged to verify the fact of the violation and the legality of imposing a fine. In accordance with Part 2 of Art. 22 of the Arbitration Procedure Code of the Russian Federation, an arbitration court has jurisdiction over economic disputes on the recovery of fines from organizations and citizens by state bodies exercising control functions, unless the federal law provides for an indisputable (non-acceptance) procedure for their recovery. Thus, the antimonopoly body initiates a court case, and the court decides on punishment for inappropriate advertising.
In practice, there is often a need to implement the so-called "counter-advertising".
In accordance with Art. 29 of the Law of July 18, 1995, counter-advertising is designed to be an effective means of influencing violators of advertising legislation, and its essence is a refutation of improper advertising, distributed in order to eliminate the consequences caused by it. The legal basis for the use of counter-advertising is the establishment of the fact of violation of the legislation on advertising and the issuance of an appropriate decision in connection with this by the antimonopoly body.
Consequently, the violator of the advertising legislation is obliged to carry out counter-advertising within the time period established by the antimonopoly authority. He bears the associated costs in full (which can be large sums). Counter-advertising is carried out through the same medium, using the same characteristics of duration, space, place and order, as the refuted inappropriate advertising. The content of the counter-advertising is coordinated with the federal antimonopoly body (its territorial body), which established the fact of the violation and took the appropriate decision to eliminate it.
IN individual cases by decision of the federal antimonopoly body (its territorial body), it is allowed to change the means of distribution, the characteristics of the duration, space, place and procedure for the implementation of counter-advertising. If the decision of the antimonopoly authority on counter-advertising is not implemented, then the question is raised of voluntary and then compulsory payment of a fine in the court in the amount of up to 5,000 minimum wages.
As you can understand, the antimonopoly body has the right to act differently in such cases, since, in accordance with Art. 31 of the Law of July 18, 1995, in case of refusal to counter-advertisement or failure to comply with the order to carry out counter-advertising within a certain period, administrative liability arises in the form of a warning or a fine in the amount of up to 200 minimum wages.
So, in these cases, administrative responsibility is applied in the form of a warning or a fine. But other sanctions may apply. If counter-advertising is not carried out by the infringer within the established period, the federal antimonopoly body (its territorial body), which has decided to conduct counter-advertising, has the right to completely or partially suspend the advertisement of the infringer until the end of the counter-advertising distributed by him.
The body that has made a decision on the complete or partial suspension of the infringer's advertising is obliged to immediately notify all parties to the contracts with the infringer for the production, placement and distribution of his advertising.
Individuals and legal entities, whose rights and interests are violated as a result of improper advertising, have the right to apply to the court, arbitration court with claims: for damages, including lost profits; on compensation for harm caused to health and property; on compensation for non-pecuniary damage if honor, dignity or business reputation are discredited; about the public refutation of improper advertising in the same way in which it was distributed, if the advertiser does not comply with this requirement voluntarily.
Employees of the federal antimonopoly body (its territorial bodies), in order to fulfill their functions of monitoring compliance with advertising legislation, have the right to unhindered access to all necessary documents and other materials of advertisers, advertising producers and advertising distributors.
For failure to provide information within the prescribed period at the request of the antimonopoly authority, a fine of up to 200 minimum wages is imposed.
LINKS TO LEGAL ACTS

"ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION"
dated 05.05.1995 N 70-FZ
(adopted by the State Duma of the Federal Assembly of the Russian Federation on 04/05/1995)
FEDERAL LAW dated July 18, 1995 N 108-FZ
"ABOUT ADVERTISING"
(adopted by the State Duma of the Federal Assembly of the Russian Federation on June 14, 1995)
"CRIMINAL CODE OF THE RUSSIAN FEDERATION" dated 06/13/1996 N 63-FZ
(adopted by the State Duma of the Federal Assembly of the Russian Federation on May 24, 1996)
Russian justice, N 4, 2000