Regulations for placing advertisements on Yandex. Advertising Requirements
When Advertising materials submitted by the Advertiser are geo targeted to the Russian Federation advertising certain goods and services is forbidden or limited by Russian law. Here you will find some information on what, how, and why you are able to advertise in Russian Federation.
The following is not allowed to be advertised*:
goods forbidden for manufacture and (or) sale by Russian legislation. For example: counterfeit goods; diplomas, porno
drugs, psychotropic substances and their precursors
explosives and explosive materials, except for pyrotechnic products
goods and services subject to certification / licensing in case the required certificates / licenses are not provided
remote distribution (sale) of goods forbidden or limited in unrestricted distribution by Russian law
tobacco products and smoking accessories
induced abortion medical services
The following is not allowed to be advertised via the Internet*:
gambling and betting, as well as their organizers
The following can be advertised subject to meeting special requirements*:
lotteries and stimulating actions
medicines, medical equipment
goods sold by remote means
information products subject to classification in accordance with the requirements of the Federal Law of December 29, 2010 No 436-FZ “On protection of children from information harmful to their health and development”
Advertising goods which may not be produced and (or) sold according to Russian law.
Advertising products (or services) forbidden for production and (or) sale by Russian law (Article 7 of the Federal Law «On advertising») is not allowed.
In particular, the following is forbidden:
to buy or sell official documents and state awards (Article 324 of the Criminal Code of the Russian Federation); **
forgery, production or sale of counterfeit documents, stamps, seals, blank forms (Article 327 of the Criminal Code of the Russian Federation); **
production, distribution, an offer to sell or otherwise use goods which cause infringement of the exclusive rights to results of intellectual activity or individualization. ***
Advertising goods and services subject to certification / licensing provided that the required certificates / licenses are not supplied
It is not allowed to advertise goods requiring certification or license if these are not provided (Article 7 of the law «On advertising»).
Copies of Certificates or Licenses shall be delivered to the placement service prior to advertising (Article 13 of the law «On advertising»).
Advertising the remote distribution (sale) of goods which are forbidden or subject to restrictions for unlimited distribution by the Russian law
Advertising remote sale of goods which are forbidden or subject to restrictions for unlimited distribution by Russian law is not allowed (Clause 5 of the Russian government regulation № 612 dated September 27, 2007 «Rules for remote sales»; Article 7 of the Federal Law «On advertising»)
The list of goods forbidden for unlimited distribution is established by the Decree of the Russian President No. 179 dated February 22, 1992 «The list of products and waste products forbidden for unlimited distribution».
These products include, in particular, the following:
Precious and rare-earth metals, and products made out of them;
Precious stones and products made out of them;
X-ray equipment, devices and equipment using radioactive substances and isotopes;
Poisons, narcotics and psychotropic substances; Ethyl alcohol;
Medicine except for medicinal herbs;
Raw materials for pharmaceuticals derived from northern reindeer breeding (velvet antlers and endocrine raw materials). Introduced by order of the Russian President dated 30.11.1992 No. 743- рп.
The list of places where advertising weapons is allowed can be found in Article 26 of the Federal Law «On advertising». In this list the Internet is not mentioned as a place for this type of advertising.
Advertising gambling, betting as well as their organizers
The list of places where advertising games of chance and betting as well as their organizers can be found in Article 27 of the Federal Law «On advertising». The Internet is not mentioned as a place for this type of advertising in this list.
Requirements of this article shall apply to advertising any organizer of games of chance or betting which constitutes a gambling establishment, and to venues for holding them.
According to the clause 21 of the Federal law “On advertising” advertising of alcohol products should not be placed in the Internet.
Medical service advertising
According to clause 8, article 24 of the Federal Law “On Advertising”, advertising of medical services, including prevention, diagnostics, treatment and medical recovery techniques, and medical products which require special training is permitted within a limited list of spots which does not include the Internet.
Regulation No. 58 “On some issues regarding the implementation of the Federal Law “On advertising” by Arbitration Courts” issued by the Plenary Assembly of Russian Supreme Arbitration Court on October 8, 2012 says that the definition and list of medical services are available in the Medical Service List approved by administrative order No. 1664н issued by the Russian Ministry for Public Health and Social Development on December 27, 2011. The restriction as to advertisements of medical services does not cover the advertisements of medical activities which are not related to medical services.
Advertising tobacco, tobacco products and smoking accessories
According to the Article 7 point 8 of the Federal law “On advertising” advertising of tobacco, tobacco products and smoking accessories, including pipes, hookahs, rolling paper and lighters is prohibited.
Advertising lotteries and promotions
The contents of advertising materials used for advertising lotteries and promotions are regulated by Articles 9 and 27 of the law «On advertising».
A lottery shall be held by a lottery company under an order of the Russian Government on the lottery holding and a respective contract for its holding with the lottery organizer (Federal Law "On lotteries" No. 138 dated 11.11.2003). Copies of the order of the Russian Government and the contract shall be delivered to the placement service prior to advertising.
For lotteries registered before 30.12.2013, a permit for holding a lottery issued by an authorized agency (Federal Tax Service) shall be delivered.
Advertising medicines and medical products
The requirements as to the contents of advertising medicines and medical products are set out in Article 24 of the Federal Law "On advertising".
Medicine may be advertised in the territory of the Russian Federation if registered with the specific state authority (Article 13 of the Federal Law No. 61 "On circulation of medicines" 12.04.2010).
For more details, see extracts from Article 24 (http://advertising.yandex.ru/assets/asset_24.xml) of the Federal Law "On advertising".
Medical activity advertising
Permitted subjects of advertising: organizations and experts engaged in medical services; listed medical activities (https://yandex.com/legal/medical_specialities/). However, medical services, including those set forth in Section 2 of the Medical Service List, approved by the administrative order No. 1664н issued by the Russian Ministry of Public Health and Social Development on December 27, 2011, shall not be advertised.
The medical activity advertisements shall not include any information on the advertiser’s medical services carried out as a part of medical activities.
In the Russian Federation, medical activities are subject to mandatory licensing (Clause 46 Part 1 Article 12 of the Federal Law No. 99 "On licensing of specific activities" of May 04, 2011, Regulation of the Russian Government No. 291 of April 16, 2012 “On licensing of medical activities (except for the activities carried out by medical organizations and other organizations in the private health care system, within SKOLKOVO innovative center)”).
The Placement Service shall be provided with a copy of the License before the advertisement is placed (Article 13 of the Law “On advertising”).
Advertising biologically active substances
The contents of advertising materials used for advertising dietary supplements are regulated by Article 25 of the Federal Law «On advertising».
Only registered biologically active additives can be used in manufacturing of food products, as well as for usage in food (Clause 10 of the Federal law No. 29 “On the quality and safety of food products” 02.01.2000).
Advertising dietary food supplements without a state registration certificate (Article 7 of the Federal Law «On advertising») is not allowed.
Advertising infant food
The contents of advertising materials used for advertising infant food are regulated by Article 25 of the Federal Law «On advertising».
Infant food is subject to mandatory certification according to the Order by the Russian Government No. 982 dated 01.12.2009 «On approving a list of goods for mandatory certification, and a list of works and services for mandatory certification».
Advertising infant food without a Certificate of state registration according to the Article 7 of the Federal Law «On advertising» is not allowed.
Advertising financial services
Article 28 of the Federal Law «On advertising» carries requirements for the contents of advertising materials related to advertising financial services, including:
Professional consumer-lending services
Securities trading services
Services under lease agreements
Services provided by financial organizations and related to attracting and (or) investing funds of legal entities and individuals
Managing, including trust management of assets (including securities, the investment of the reserves of joint stock investment funds, mutual investment funds, pension reserves of non-state pension funds, pension savings funds, mortgage-backed, accumulations for the housing provision for servicemen)
Attracting money investments in shared construction
Banking operations are subject to licensing according to Federal Law No. 395-1 dated 02.12.1990 «On banks and banking».
Legal entities and individual residents of the Russian Federation can be insured only by licensed insurers under licenses obtained in the established manner - Law of the Russian Federation No. 4015-1 dated 27.11.1992 «On insurance business in the Russian Federation».
The business of professional market makers (brokerages; dealerships; securities management; custody businesses; keeping ownership registers of securities) is subject to licensing according to Federal Law No. №39-FZ dated 22.04.1996 «On the securities market».
Advertising the above-mentioned businesses is not allowed unless an advertiser has a corresponding license, except for leasing activities (Article 7 of the Federal Law «On advertising»).
According to the clause 4 of the Federal law № 353 “On consumer lending” dated 21.12.2013 Professional consumer-lending services are provided by credit or non-credit financial institutions to the extent permitted by federal laws governing their business.
The contents of advertising materials used for advertising securities are regulated by Article 29 of the Federal Law «On advertising».
Advertising goods sold by remote means
Sale of goods by remote means shall mean sale of goods under a contract of retail purchase made on the base of the buyer’s acquaintance with the dealer’s description of the goods contained in catalogs, brochures, booklets or shown in photographs, or through the means of communications, or by other means that eliminate the possibility of the buyer’s direct acquaintance with the goods or the goods’ samples at the conclusion of the contract (Paragraph 2 of the Rules of sale of goods by remote means, approved by the RF Government on 27.07.2007, No. 612)
The contents of advertising materials used for advertising goods sold by remote means are regulated by Article 8 of the Russian Federal Law «On advertising».
While advertising the goods for sale by remote means, you shall specify information about the seller of such goods: a legal entity’s name, location and state registration number; a natural person’s surname, first name, patronymic and primary state registration number of her/his as an individual entrepreneur.
Note: We direct your attention to the prohibition on advertising the remote distribution (sale) of products subject to legal restrictions on unlimited distribution thereof.
Advertising information products subject to classification in accordance with the requirements of the Federal law of December 29, 2010 No 436-FZ “On protection of children from information harmful to their health and development.”
Advertising information products, intended for use within the territory of the Russian Federation (media products, printed materials, audiovisual materials on any carriers, programs for electronic computers (computer software) and database, as well as information distributed by means of entertainment events, by means of information and telecommunication networks, including the Internet and mobile telephone communications), subject to classification in accordance with the requirements of the Federal law of December 29, 2010 No 436-FZ is permitted in case of indication of category of these information products (Clause 10.1 of Article 5 of the Federal law “On advertising”). Advertiser is obliged to comply with the specified requirements and shall be held liable for correct categorization of above-mentioned products, if such products are subject to advertising, as well as for indication of the relevant category of advertising products in advertisements.
Russian legislation amendments
In case of Russian legislation amendments Yandex is entitled to apply new advertising rules including suspending and restraining the adverting of goods and services not more than within 5 (five) working days before amendments entering into legal force.
* The list is not complete and is subject to change.
** For example: diplomas of educational institutions, sick leave certificates.
*** Results of intellectual activity include (Article 1225 of the Civil Code of the Russian Federation):
works of science, literature and art, including music, audiovisual works (films, musical clips, soundtracks etc.);
A private person or a legal entity possessing the exclusive right to results of Intellectual activity (the legal owner) has the right to use such results at their discretion in any way which does not contradict the law (Article 1270 of the Civil Code of the Russian Federation), including allowing or forbidding other persons to use a result of intellectual activity.
Other persons cannot use a respective result of intellectual activity or individualization without the consent of the legal owner (Article 1229 of the Civil Code of the Russian Federation).
Prior to placing an advertising (an item which constitutes a result of intellectual activity) Yandex is entitled to request from an advertiser a document (copy) certifying the right to use the respective (advertised) result of intellectual activity from an advertiser.
This rule shall also apply to advertising services (sites) the main content of which constitutes results of intellectual activity (music, computer programs and others).
In the event that manufacturing, distribution or other use, as well as importation, transport or storage of tangible supports bearing a result of intellectual activity or individualization bring about infringement of an exclusive right to such results or individualization, these tangible supports shall be considered counterfeit. Copies of original goods (watches, clothes, etc.) can be in particular referred to as counterfeit.
Individualization includes (Article 1225 of the Civil Code of the Russian Federation):
trade marks and service marks;
For more details see: extracts from Articles 1225, 1229, 1252, 1259, 1270 of the Civil Code of the Russian Federation (Part IV).
Date of publication: 27.06.2014
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