Section II.

Section III.

Section IV.

Section V.

Section VI.

Section IV. STATE CONTROL AND SELF-REGULATION IN THE AREA OF ADVERTISING

Article 26. Rights of the Federal Anti-Monopoly Agency for State Control in the Area of Advertising

1. The federal anti-monopoly agency (its territorial agency) shall control, within the bounds of its competence, the observance of the legislation of the Russian Federation on advertising. This agency (its territorial agency):

• shall warn and put a stop to facts of improper advertisement by legal entities or natural persons;
• shall issue to advertisers, advertisement producers and advertisement distributors written instructions to discontinue violations of the legislation of the Russian Federation on advertising, and decisions on producing counter-advertisements;
• shall send materials on the violation of the legislation of the Russian Federation on advertising to the agency that issued the licence, in order to resolve a matter regarding suspension or early revocation of the licence for the corresponding type of activity;
• shall send to the public prosecutor's office and other authorities within its jurisdiction materials needed for a decision on whether to start a criminal proceeding on the basis of the violations in the area of advertising.

2. The federal anti-monopoly agency (its territorial agency) shall have the right to make claims in the courts or arbitration courts, as well as in the interest of an indeterminate group of advertisement consumers in connection with the violation of legislation of the Russian Federation on advertising by advertisers, advertisement producers and advertisement distributors, and on recognising the invalidity of transactions connected with improper advertisements.

3. When making claims in the courts or arbitration courts, the federal ani-monopoly agency and its territorial agencies are exempt from paying state duties.

4. Federal executive authorities, authorised in accordance with the legislation of the Russian Federation, within their competence to take measures to protect consumer rights and suppress unfair competition, shall have the right to conclude agreements with advertisers, advertisement producers and advertisement distributors for observing the rules and customs of advertising practices.

Article 27. Right of Access to Information

1. Officers of the federal anti-monopoly agency (its territorial agency), in order to fulfill the functions entrusted to them in controlling the observance of the legislation of the Russian Federation on advertising, shall have the right to unimpeded access to all necessary documents and other materials of advertisers, advertisement producers and advertisement distributors.

2. Information comprising commercial secrets and received by the individuals mentioned in Clause 1 of this Article is not to be made public.

In the event such confidential information is made public, the losses incurred as a result shall be compensated by the federal anti-monopoly agency (its territorial agency) in the procedure established by legislation.

3. Persons mentioned in Clause 1 of this Article shall be allowed access to organisations conducting activities connected with the use of information comprising state secrets in the procedure established by the legislation of the Russian Federation.

Article 28. The Rights of Self-Regulatory Agencies in the Field of Advertising

1. Self-regulatory agencies in the field of advertising, i.e., social organisations (societies), associations and unions of legal persons, shall:

• participate in the development of the rules on advertising, including draft laws and other normative acts;
• conduct independent examination by advertising experts on the subject of establishing its (their) conformity to the requirements of legislation of the Russian Federation on advertising, and shall forward corresponding recommendations to advertisers, advertisement producers and advertisement distributors;
• be used by the federal anti-monopoly agency (its territorial agency) when it is fulfilling its duties of regulating the observance of the legislation of the Russian Federation on advertising;
• forward to the public prosecutor's office materials and turn to the federal executive authorities in connection with violations of the legislation of the Russian Federation on advertising.

2. Self-regulatory agencies in the field of advertising have the right to make claims in courts or arbitration courts in the established procedure in the interests of advertising consumers, including an undetermined group of advertising consumers, in the event their rights as provided for by the legislation of the Russian Federation are violated.

After satisfying a claim in regard to an undetermined group of advertisement consumers, the courts or the arbitration courts shall require the offender to bring the decision of the court or arbitration court to the attention of the indicated consumers by means of mass information or otherwise, in the time period determined by them.