OREANDA-NEWS. With respect to the current discussion in the media on the rules of placing political advertisements on advertising constructions, triggered by official correspondence between the Federal Antimonopoly Service and the Central Electoral Commission on the issue in question, FAS Russia would like to clarify the following, reported the press-centre of  FAS Russia:

Under the Regulations on the Federal Antimonopoly Service, approved by № 331 Decree of the Government of the Russian Federation of 30th June 2004, FAS Russia is an authorized federal executive body responsible for passing norms and regulations, and enforcement control and supervision, in particular, covering the advertising legislation.

Within its terms of reference, FAS Russia supervises enforcement of the Federal Law "On Advertising".

Under Part 2 Article 19 of the Federal Law "On Advertising", advertising constructions (billboards, stands, banners, electronic panels, balloons or other technical means of lasting permanent territorial placing) should be used only for the purposes of advertising.

Under Part 18 Article 19 of the Law "On Advertising", as a legal consequence of using advertising constructions for the purposes other than advertising, a local authority that granted permission to install such an advertising construction should withdraw its permit.

Article 3 of the Law defines the concept of advertising as information spread by using any techniques and means, in any form, addressed to an undetermined group of people and aimed at attracting attention to the object of advertising, and developing or maintaining interest towards this object or its market promotion.

The object of advertising is defined as goods, means of their differentiation, goods manufacturers or sellers, intellectual property, or events (including sport competitions, concerts, contests, festivals, gambling or betting) to which the advertisements is aimed to attract attention.

Therefore, the concept of advertising covers only commercial information about the goods circulated on the market and the related objects.

As objects of political campaigning are not market goods and are not related to entrepreneurship, political advertising is not covered by the definition of the advertising concept used in the Federal Law "On Advertising".

The above analysis of the provisions of the Federal Law "On Advertising" does not allow FAS Russia to conclude that political advertisements can be placed on advertising constructions as it would contravene Part 2 Article 19 of the Federal Law "On Advertising".

Therefore, upon request of the Central Electoral Commission, FAS Russia made a statement disclosing its opinion on the issue.

On the other hand, the ban on placing political advertisements on advertising constructions does not affect possibilities of spreading the above information using other means that are not advertising constructions (including constructions which are not registered as the advertising ones: theater hoardings, posters, information stands, etc.).

At the same time, attentions should be drawn to the collusion between provisions of electoral and advertising legislation, underlined by the Central Electoral Commission, which may lead to different approaches of the local authorities towards withdrawal of their decisions on installing advertising constructions.

Under such conditions it is impossible to ensure a unified enforcement practice of the local authorities; thus, it can lead to numerous lawsuits, especially in the period of elections. Under Article 38 of the Federal Law "On Advertising" such actions can be initiated by any person, whose rights or interests have been infringed by advertisements that does not meet the requirements set in the advertising legislation of the Russian Federation.

Unfortunately, the existing edition of Part 2 Article 19 of the Federal Law "On Advertising" was not included in the bill when the Government of the Russian Federation was working on its official review and amendments to the draft Federal Law "On Advertising" for the purposes of its approval by the Federal Assembly of the Russian Federation, and it was introduced to the body of the law exactly prior to its second consideration by the State Duma.

At the same time, to avoid an unfavorable situation around political campaigning, FAS Russia has devised a bill on technical clarification of Part 2 Article 19 of the Law "On Advertising", which has provisions for placing political advertisements on advertising constructions, including pre-election campaigning and referendum campaigning.

The proposals on the issue have been forwarded to the Administration of the President of the Russian Federation, the Government of the Russian Federation and the Central Electoral Commission of the Russian Federation.

Taking into consideration the importance of such amendments to the Federal Law "On Advertising", FAS Russia hope that they will be considered by the Federal Assembly of the Russian Federation during its spring session, perhaps as part of passing the draft Federal Law "On Introducing Amendments to Articles 19 and 33 of the Federal Law "On Advertising", currently being considered by the State Duma.