Legal regulation of other types of advertising
The new law has established special requirements for the advertising of goods that are distributed by remote means of sale, in order to protect consumers from fraud, as well as to ensure the protection of violated rights. According to Art. 8 of the Law on advertising in the advertising of goods with a remote method of selling them shall be indicated information about the seller of such goods: name, location and state registration number of the record on the establishment of a legal entity; surname, first name, patronymic, the main state registration number of the record of state registration of a natural person as an individual entrepreneur.
In addition, the law establishes special requirements for advertising in the form of holding incentive events - lotteries, competitions, etc. Previous requirements for the reliability of information was clearly not enough to protect consumers from fraud in the event of their participation in promotional activities. According to Art. 9 of the Law on advertising in advertising, reporting on the holding of such events, the condition of participation in which is the acquisition of a certain product, should specify: the timing of the event, the source of information about the organizer of the event, the rules of holding it, the number of prizes or winnings based on the results of such an event, terms, place and order of their receipt.
Previously acting law contained another type of special requirements for advertising - in the case of sponsorship. According to Art. 19 of the Law on Advertising (1995), the sponsorship contribution was recognized as a payment for advertising, the sponsor - by the advertiser, and the sponsored one - by the advertising distributor. The new law does not contain a special article regulating sponsorship, but it gives definitions of the sponsor and sponsorship. The new law gives sponsors some advantages, as we said earlier, when distributing advertisements in TV programs and TV shows, radio programs and radio programs. Otherwise, the regulation of the relationship between the sponsor and the sponsored is carried out with the help of a civil law contract. The latter obeys the principle of freedom of contract in a market economy and can establish various conditions for interaction and obligations of the parties.
The new law also provides for the regulation of advertisements distributed over telecommunication networks. The development of modern information and digital technologies has provided advertisers and advertisers with new means to bring their advertising to consumers: telephone (mobile), facsimile, radio, e-mail, the Internet, etc. However, the legislation lagged behind the development of technology, and before the adoption of the new law, such advertising was practically not limited. Today, the distribution of such advertising is allowed only with the prior consent of the subscriber or the recipient to receive it. In order to protect consumers, two strict rules have also been established: advertising is recognized as widespread without the prior consent of the subscriber or addressee, unless the distributor proves that such consent was obtained; the advertisement distributor must immediately cease the distribution of advertising to the address of the person who applied to him with such a requirement.
Specific advertising requirements are set for telephone inquiry service (paid and free). Advertising with this service can be provided only after the message of the inquiry requested by the subscriber. If the payment for telephone service is time-based, the time during which advertising is distributed should not be taken into account when determining the cost of telephone services.
The law lacks detailed regulation of advertising distributed on the Internet. The establishment of restrictions and the prosecution of violators of advertising rules on the Internet is complicated for the following reasons: the absence of territorial boundaries of operation and the time limits for the functioning of the Network, the complexity of identifying the offender, fixing and proving the fact of the offense.
By virtue of the provisions of Art. 130, 132 and 133 of the US Constitution, local governments have the right to independently resolve local issues related to the specifics of the distribution of outdoor advertising, as they affect the powers of use, possession and disposal of municipal property. Relying on this resolution, the authorities of the constituent entities of the United States and local self-government bodies have adopted a number of normative acts regulating outdoor advertising. Not always these normative acts corresponded to the federal legislation. In connection with the entry into force of the new law, most of the previously adopted normative acts of the authorities of the constituent entities of the United States and local self-government bodies should be abolished or changed.
The new law in Art. 19 in more detail than before, regulates many aspects of placement and installation of outdoor advertising. In particular, the law establishes requirements for advertising structures:
• the advertising design should be used solely for advertising purposes;
• it is not allowed to distribute outdoor advertising on the road sign, its support or any other device designed to regulate traffic;
• the advertising design and its territorial location must meet the requirements of technical regulations.
The law also provides general rules for the installation and operation of advertising structures. First of all, it is envisaged to conclude an agreement with the owner (other legal owner) of the land plot, building or other immovable property, to which the advertising structure joins. As other legal owners, tenants, owners of the right of economic management, operational management, other proprietary right to property, trustees can act. The agreement is concluded for five years or for up to 12 months (for temporary advertising constructions).
As of July 1, 2008, a norm is in force according to which a contract for the installation and operation of an advertising structure on a land plot, building or other immovable property located in state or municipal ownership is subject to bidding (in the form of an auction or tender) , conducted by the relevant authorities.
In addition, for the installation of advertising structures requires a permit issued by the local government of the municipal district or city district, in the territories of which it is intended to install the advertising structure. In the case of unauthorized installation of an advertising structure without permission, it is dismantled on the basis of a local government order.
The law on advertising also regulates the placement of advertising on vehicles. All the restrictions are, first of all, connected with concern for the safety of the population. In addition, according to the new law, it is prohibited to use mobile advertising structures, which at one time caused a lot of criticism and interfered with an already dense movement.
Among other ways of advertising distribution, the current Advertising Law allocates only advertising on postal items (Article 18), which can be placed only if there is a permit issued by the federal executive body in the field of communications in the manner determined by the US Government.
Other methods of advertising distribution, for example, advertising campaigns, mobile advertising constructions, sound advertising distribution methods, direct mailings, exhibitions, etc., do not have special legal regulation. The need for legal regulation of other ways of distributing advertising may arise in connection with the danger of infringement of consumers' rights in any specific way or in connection with the emergence of new technical means of advertising.
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