Self-regulation of advertising activities. Self-regulation of advertising in Russia Methods and means of self-regulation in the field of advertising

Seventy years of experience in total state regulation of economic and public life in our country showed the inefficiency of managing economic processes and the impossibility of creating an expedient and operational system of regulation in the sectors of the economy under the conditions of a totalitarian state. Meanwhile, in developed countries, issues of economic regulation are quite successfully resolved by the professional community, which allows not only to optimize the system of regulatory regulation in each sector of the economy, but also to ensure effective control over compliance with the adopted rules, as well as effective measures to influence violators.

During the transition to a market economy in Russia, the task arose of developing self-regulation, carrying out an administrative reform that would allow transferring part of the management and control functions from the hands of officials to the hands of the professional community - the so-called self-regulatory organizations.

Advertising is a sphere that actively influences social creation and business processes. Therefore, the development of self-regulation here is the most urgent task, especially in connection with the inefficiency and irrationality of comprehensive state regulation and control.

The European Advertising Standards Alliance (EASA - Cross-Border Claimplaints System) reveals the essence and goals of self-regulation in advertising in this way: “The principles of self-regulation are always the same: advertising must be legal, decent, honest and truthful, made with a sense of civic responsibility to consumer and society, and with due respect for the rules of fair competition. This is achieved through the rules and principles of best advertising practice that the advertising industry voluntarily commits itself to. The rules are enforced by self-regulatory organizations established for this purpose and founded by the advertising industry itself. The goal is to ensure high standards in advertising, trust and consumer confidence for the benefit of all who are interested in it.

1) ensures the establishment of informal and necessary rules of conduct for subjects of the advertising market;

2) replaces state regulation economic processes in those areas where state regulation has shown its inefficiency and inexpediency;

4) contributes to the improvement of the current legislation in the field of advertising.

Self-regulation is a necessary element of a developed civil society, part of the mechanisms of non-state regulation of public life.

The draft Federal Law No. 348631-3 “On Self-Regulatory Organizations” defines self-regulation as an independent and initiative activity of business or professional entities, the content of which is the development and establishment of rules and standards for business or professional activity, and monitoring their observance.

The main element of the self-regulation system is the so-called self-regulatory organizations, which in the draft law are designated as “non-state non-profit organizations created for the purpose of self-regulation on the terms of participation (membership), uniting business entities on the basis of the unity of the industry or market of goods (works, services) produced or uniting subjects of the same type of professional activity.

The need to develop self-regulation in advertising is associated with the following shortcomings of the current system of state regulation:

Inefficiency of legal regulation of certain relations in the field of advertising (for example, the issue of ethics or unethical advertising);

The possibility of using the letter of the law in contradiction with its spirit (for the purpose of unfair competition, deceiving consumers, etc.). Examples are advertising of factories for the production of alcoholic beverages, advertising of mineral water, copying the design of the alcoholic beverage of the same name using a common trademark, with an almost complete legal ban on advertising strong alcoholic products;

The length of the procedure for adopting new legislation and the resulting backlog of legal regulation from actual advertising practice (the issue of adopting a new version of the Law on Advertising was raised in Russia in the summer of 2003, the discussion of draft laws lasted almost three years).

The impossibility at the legislative level to regulate all the necessary and constantly changing aspects of advertising (the current legislation of Russia did not regulate the advertising of shares and financial services, which led to mass deception of the population in the mid-90s of the twentieth century; now it is necessary to strictly regulate advertising with using Email, mobile phones, stimulating events, but until 2006 there were no relevant provisions in the law).

In connection with the stated shortcomings of state regulation, the self-regulation system shows clear advantages:

Speed, flexibility, efficiency of regulation;

Low costs;

Relevance and low formalization of the applied rules;

Influence on aspects of advertising activity not regulated by the state (language, taste, ethics);

Thus, the system of self-regulation in various sectors of the economy is designed to become an essential element of business regulation and replace inefficient mechanisms of state regulation. Self-regulation is capable of solving problems not only of effective non-state regulation, but also of improving legislation, promoting the development of the economy and ensuring the interests of all market entities, including consumers.

9.2. General principles

According to the EASA Self-Regulatory Guidelines, “properly organized and well-managed self-regulatory systems offer quick, flexible, inexpensive and effective ways for the responsible majority of the advertising industry to deter and limit the irresponsible minority, as well as playing against the rules of fraud, whose actions can spoil reputation of advertising in the eyes of the public.

The most important principle of self-regulation is its relevance, since the need for impact is dictated by the needs modern market. Direct participation in self-regulation of the advertising community itself ensures the realism of the established rules.

Self-regulation does not exist in isolation, but in one system with state regulation, interacts and in some cases replaces it. At the same time, self-regulation is within the framework of the law, does not contradict, but complements and specifies the rules established by law and forms the practice of their application.

The subjects of self-regulation are non-profit (also called non-governmental) organizations, whose participants are representatives of the advertising market. This makes it possible to raise the applied methods of influence to a high professional level, to act for the future, using authority and methods of persuasion instead of the inefficient application of legal responsibility.

1) developed ethical standards (general and industry);

2) informing and recognition of the established rules by the majority of subjects of the advertising market;

3) self-regulating independent organizations,

4) consultations in order to prevent violations;

5) monitoring system;

6) measures of influence on violators.

Additional functions of self-regulatory organizations are the resolution of disputes between the subjects of the advertising market, conducting research, and providing recommendations.

In their activities, self-regulatory organizations adhere to the following principles:

Independence (both from government agencies and from the subjects of the advertising industry);

Responsibility;

power functions;

Objectivity;

Availability;

Professionalism;

Stability.

9.3. international experience

In Europe, self-regulation has gone through a rather long path of development from the establishment of separate rules and prohibitions in the Middle Ages to the creation of a complex system of bodies and regulations. At the beginning of the XXI century. this process mainly affects the regulation of the rights and obligations of the subjects of the advertising market. The rules are provided in sufficient detail and in detail, for example, in France, at the level of self-regulation, tobacco advertising on radio and television is prohibited, and the combination of alcohol and sports topics is prohibited.

Within the framework of self-regulation, not only the rules themselves are established, but also measures of responsibility for their violation.

The subject of self-regulation in the field of advertising is, as a rule, the prevention of the negative impact of advertising on its consumers. In particular, the topic of self-regulation comes down mainly to the prohibition of unethical, deliberately false, inaccurate, dishonest, hidden advertising.

Almost every European country has self-regulatory bodies (for example, in the UK - the Advertising Standards Commission, in Germany - the German Press Council).

For example, in the UK, the Advertising Standards Commission enforces its own advertising code. This code of ethics includes provisions on decent, reliable, hidden advertising, the rights of individuals not to be used for advertising purposes without their consent. The Commission is responsible for compliance with the norms of the code of advertising in print, cinema, the Internet, etc. This body annually considers more than 10 thousand complaints, on which, if necessary, decides to change or stop the distribution of advertising. The Independent Television Council, the highest body of private broadcasters, under the authority of the government and in cooperation with consumer societies, advertisers and broadcasters, develops its own code of advertising practice, which includes approximately 120 articles. The council releases a monthly report that gets a lot of media coverage and this is considered a form of sanctions. As a result, incorrect advertising messages disappear from TV screens. A similar practice is pursued in its field by the Radio Authority.

A generalization of the practice of self-regulation in Europe was the adoption of the International Code of Advertising Practice of the International Chamber of Commerce. It was adopted in 1937, revised several times, and currently in 17 European countries the latest version of the code, adopted on December 2, 1986, is in force.

The code contains the following key principles:

2) the need to establish a fair balance between the interests of commercial organizations and consumers;

3) the possibility of using the code by the courts as a reference document within the framework of the current legislation;

5) the joint effect of the code with other documents on marketing activities (codes marketing research, sales promotion activities, direct mail and catalog sales, direct sales);

7) the need to follow not only the letter of the document, but also the spirit;

10) propriety of advertising. Also, no advertising should discredit advertising activities in the eyes of society, abuse consumer confidence and lack of experience or knowledge, support discrimination based on race, religion or gender.

In order to unite the self-regulatory bodies of the European Union, in 1992 the European Advertising Standards Alliance was established in Brussels. The main objectives of this organization are to promote and support self-regulation of advertising in Europe, to coordinate the consideration of cross-border applications, to provide information and research on self-regulation of advertising.

Currently, the alliance includes 27 members from 24 countries. Its main activities include the following:

Assistance and assistance to national self-regulatory organizations;

Interaction with the European Parliament and the European Commission on the regulation of advertising;

Conducting scientific research in the field of advertising;

Creation and dissemination of information materials on self-regulation;

Analysis and settlement of cross-border complaints and disputes;

Ensuring the functioning of the system of cross-border claims (EASA) in order to effectively influence violators in different countries.

In Europe, the following measures of influence on violators of self-regulation rules are widely used:

Unfavorable publicity;

Carrying out a mandatory preliminary check of subsequent advertisements of the violating organization;

Refusal of mass media from distribution of advertising of the infringer;

Deprivation of commercial privileges;

Appeal to the appropriate government agency.

In the United States of America, the American Advertising Association, established in 1905, occupies a central place in the self-regulation system. This organization upholds the principles of truthfulness and reliability in advertising, and effectively interacts with government regulators. The distinctive features of the North American self-regulatory bodies are their high authority and the spread of action throughout the country through a system of local bureaus. In the rules of self-regulation of advertising in the United States, one can distinguish between a general and a special part. The general part is the basic principles that are common throughout the state. A special part is industry acts developed by organizations in various business areas.

An example of the work of advertising self-regulatory bodies in the United States is the interaction of various organizations in order to limit unauthorized electronic mailings of advertising.

The Direct Marketing Association, the Association of National Advertisers and the American Association of Advertising Agencies signed new rules in 2003 for email marketing, also known as spam.

The new standard requires that all e-mails provide the recipient with the option to remove their address from the mailing list. The new rules also provide for the mandatory authenticity of the message sent, the real return address and the physical address of the sender; a ban on hidden mailing or mailing with false addresses; a ban on providing or selling email addresses unless consumers are warned that their address may be sold.

The new rules demonstrate the agreement of marketers and advertising agents to use these requirements in their work. Whereas online marketing firms previously objected to "anti-spam" legislation, they are now convinced of the need for federal legislation to set a national standard that will prevent conflicts between state laws.

In general, self-regulation of advertising in developed countries has come a long way in development and shows its effectiveness and importance in the system of economic regulation. Advertising self-regulation bodies exist in almost all developed countries, they have authority to influence the subjects of the advertising market.

The world practice of self-regulation shows that the lack of self-regulation leads to unfair commercial behavior, negative public opinion and tightening of state regulation.

Organization of interaction between the subjects of the advertising market;

Development of measures to build self-regulation mechanisms;

Creation of legal conditions for linking the interests of customers, manufacturers, distributors and consumers of advertising;

The practice of functioning of the Public Council for Advertising has shown the need to unite with other structures - commercial and non-profit organizations, integration into the international system of advertising self-regulation.

In 1999, the Council was reorganized, resulting in a non-profit partnership - the Advertising Council of Russia. The main goals of this organization were the streamlining and effective development of advertising activities in Russia through the voluntary compliance with the developed norms by the subjects participating in the market.

Another active subject of the advertising self-regulation system in Russia is the Association of Communication Agencies of Russia (ACAR), established in 1993 and uniting more than 100 advertising agencies.

According to the charter of the association, the main objectives of its activities are the following:

Association on a voluntary basis of companies operating in the field of advertising and commercial communications, for the implementation of self-regulation and control of their professional activities;

Representation and protection of common professional, property and other interests of the members of the association;

Development, implementation of the rules (standards) of professional activities in the field of advertising and commercial communications into the daily practice of the members of the association and ensuring control over their implementation;

Development, introduction into the daily practice of members of the association of voluntary ethical requirements for advertising and ensuring control over their implementation.

The main activities of the association:

Studying the conditions for carrying out activities in the field of advertising and commercial communications;

Development of proposals for improving legislation Russian Federation governing relations in the field of advertising and commercial communications, and the submission of these proposals to bodies with the right of legislative initiative;

Ensuring the interaction of members of the association, the media and advertisers in order to improve the quality level of distributed advertising and other marketing information, its reliability and accessibility to each member of society;

Representing the legitimate interests of its members in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local governments;

Participation in the consideration by the antimonopoly authorities of cases initiated on the grounds of violation by members of the association of advertising legislation;

Appeal in court of acts and actions of federal state authorities, state authorities of the constituent entities of the Russian Federation, local authorities that violate the rights and legitimate interests of any member of the association or group of members of the association;

Application of measures of responsibility in relation to its members provided for by the constituent and other documents, including exclusion from members of the association;

Development and adoption of rules (standards) for the professional activity of members of the association (Code of professional activity of AKAR), monitoring their compliance;

Development and adoption of a set of rules of professional ethics for AKAR members (the Code of Ethics of AKAR), monitoring their observance;

Application of measures of influence to the members of the association - violators of the rules of professional activity and professional ethics of the members of the association;

Consideration of complaints against the actions of members of the association;

Conducting competitions of professional skills for certain types of advertising and commercial communications;

Creation and organization of the activities of the arbitration court at the association to resolve disputes between members of the association, between members of the association and other organizations;

Implementation of international activities for the purpose of interaction, cooperation with international organizations, associations in the field of advertising and commercial communications, exchange of information, documents on all issues within the scope of the association;

System development vocational training and retraining of personnel in the field of advertising and commercial communications for members of the association;

Promotion of the principles and methods of advertising and commercial communications, dissemination of Russian and foreign experience in the field of advertising and commercial communications, including through the development of the information portal of the association;

Organization and holding of conferences, seminars, symposiums, exhibitions, competitions and other events in order to realize the achievements of the members of the association.

A new stage in the development of the system of self-regulation of advertising in Russia is associated with the creation of the Council of Media Industry Associations (SAMI), which included almost all the main subjects of the media market - Media Union, the Guild of Periodical Press Publishers, the Association of Communication Agencies, the Association of Advertisers, the Russian Association for Public Relations , National Association of Broadcasters, etc.

With the support of SAMI, in 2003 the Russian Advertising Code was adopted - the first systemic act of self-regulation, refracting the main ideas of the International Code of Advertising Practice in relation to the reality of our country.

The Russian Advertising Code is aimed at the formation of a civilized advertising market, the development of healthy competition, and the appearance of fair advertising on the market. It defines the most important general requirements for advertising: legality, honesty, decency, reliability. In addition, the code contains provisions aimed at protecting children, requirements for certain types of advertising, grounds for responsibility of various subjects of the advertising market.

The Code is supplemented by the Code of Practices and Rules for the Business Circulation of Advertising on the Territory of the Russian Federation, which contains specific examples and precedents of inappropriate advertising. For example, the code recommends refraining from advertising that intensifies (exacerbates) the complexes associated with external unattractiveness, especially teenage ones. An illustration of this provision is the television advertisement of the Klerasil lotion, which showed in an unfavorable light a young man who does not use this drug and is forced to “walk in a helmet”. In accordance with the recommendations of the Public Council, the advertiser voluntarily removed this advertisement from the TV show.

In 2004, the Council established the Public Commission on Ethics and Integrity in Advertising, the main goal of which is to prevent violations of professional ethical standards in the field of advertising.

The characteristics of the Russian system of self-regulation of advertising today are the diversity of existing organizations, the fuzzy delimitation of their functions and competences, the focus of their activities primarily on protecting their own interests of advertising market entities, and not advertising consumers.

According to experts, in Russia there is a process of developing mechanisms and procedures for self-regulation of advertising, spreading self-regulation standards among the advertising community, developing methods for monitoring compliance with accepted standards and applying responsibility.

The provisions of the Law on Advertising, which expand the powers of self-regulatory organizations in the field of advertising, are aimed at developing the system of self-regulation in Russia. According to Article 32, self-regulatory organizations have the right to:

1) represent the legitimate interests of members of a self-regulatory organization in their relations with federal government bodies, government bodies of constituent entities of the Russian Federation, and local government bodies;

2) participate in the consideration by the antimonopoly body of cases initiated on grounds of violation by members of the self-regulatory organization of the legislation of the Russian Federation on advertising;

3) appeal to an arbitration court the normative legal acts of the federal state authorities, the normative legal acts of the state authorities of the constituent entities of the Russian Federation, the normative legal acts of local governments;

4) apply to the members of the self-regulatory organization the measures of responsibility provided for by the constituent and other documents of the self-regulatory organization, including exclusion from the members of the self-regulatory organization;

5) develop, establish and publish the rules of professional activity in the field of advertising, binding on all members of the self-regulatory organization;

6) exercise control over the professional activities of members of the self-regulatory organization in terms of compliance with the requirements of this law and the rules of professional activity in the field of advertising, including the requirements of professional ethics;

7) consider complaints against actions of a member of a self-regulatory organization;

8) develop and establish requirements for persons wishing to join a self-regulatory organization;

9) collect, process and store information about the activities of the members of the self-regulatory organization, the disclosure of which is carried out in the form of reports in the manner and with the frequency established by the constituent and other documents of the self-regulatory organization;

10) maintain a register of persons who are members of a self-regulatory organization.

The most important task of the self-regulation system is effective interaction with state regulatory bodies. This interaction in Russia is manifested in joint work on draft laws, appeals of state bodies to self-regulatory bodies for the purpose of monitoring, control, examination and evaluation of advertising, participation of self-regulatory bodies in resolving disputes.

Questions and tasks

1. List the main goals and objectives of self-regulation.

2. What are the advantages of a system of self-regulation of advertising activities?

3. What are self-regulatory organizations?

5. Name general principles self-regulation.

6. What is common and what are the differences between the most important documents of self-regulation - the International Code of Advertising Practice and the Russian Advertising Code?

Chapter 4 of the Law on Advertising provides for the creation of an SRO in the field of advertising. Self-regulatory organizations in the field of advertising associations of advertisers, advertising producers, advertising distributors and other persons created in the form of an association, union or non-profit partnership for the purpose of representing and protecting the interests of their members, developing requirements for compliance with ethical standards in advertising and ensuring control over their implementation are recognized.

As can be seen from the definition, SROs in the field of advertising unite advertisers, advertising producers, advertising distributors and other persons. An open list of SRO members in the field of advertising (as evidenced by the wording “other persons”) allows us to say that these can be both persons engaged in entrepreneurial activities and individuals engaged in professional activities 1 .

Recall: membership of subjects of entrepreneurial or professional activity in the SRO is voluntary. However, federal laws may provide for cases of mandatory membership in an SRO. Membership in the SRO in the field of advertising is voluntary. Because of this, there are currently two main approaches - state and public regulation of the advertising market.

State regulation is the main tool in the advertising market, it provides the rules for interaction between its participants using a system of legal and organizational and economic forms and methods of influencing market processes in order to protect the rights and interests of all market entities. Public regulation, including self-regulation of the advertising industry, is an additional regulatory tool in the advertising market and largely performs preventive functions, allowing

1 See: Baranova M.V. Legal problems of self-regulation in the field of advertising // Journal of Russian law. 2009. No. 5.

resolve disputes and problematic situations in the field of advertising without resorting to state authorities.

In Russia, unlike many developed countries, the self-regulation system is relatively poorly developed, since such public regulation has practically no precedents, and the function of the main regulator of the advertising market lies with state bodies. At the same time, professional public organizations began to be created from the moment the Russian advertising industry was born in the late 1980s and early 1990s. The need to create organizations that represent the interests of producers promotional items and services, was caused by the need to solve the problems of relationships between advertisers and advertising producers. The activities of these organizations were largely similar, they included the development and implementation of ethical standards necessary for the loyal attitude of society towards advertising, protection of the business interests of industry participants, and promotion of advertising 1 .

In order to understand the main activities and tasks of SROs in the field of advertising, let's turn to foreign practice, where the functioning of SROs has extensive practical experience. In Western countries, self-regulation is very common precisely as an institution of control over advertising activities. In a number of countries, relations arising in the process of advertising activities are resolved without the involvement of state regulation, with the help of a system of self-regulation tools.

For example, in the UK there is a so-called Advertising Standards Authority (ASA). The Authority is an advertising SRO funded solely by members of the advertising industry. It was created on the initiative of the participants in the advertising market back in 1962 in order to transfer control over compliance with the Code of Advertising Practice from advertisers, advertising producers, advertising distributors and agencies. A distinctive feature of the ASA is that its governing bodies are completely independent of both state structures and industrial ones. At the same time, the 13-member ASA Council, which deals with complaints of violations of advertising regulations, is recognized by the state (courts and executive authorities) as the appropriate body for resolving disputes about advertising. The global goal of the ASA is to control all advertising, regardless of its form, so that it is legal, decent and truthful. That is, the organization's activities are aimed at protecting the interests of consumers and civilizing the advertising market as a whole.

The main acts that the ASA relies on when considering complaints are the Non-Air Advertising Code (CAP Code) and the Air Advertising Code (BCAP Code). These codes were also developed in the self-regulation system - an organization affiliated with ASA is responsible for their creation and editing - the Committee of Advertising Practice (Committee of Advertising Practice) 1, created even earlier by ASA (in 1961) also at the initiative of the advertising community, in in particular the Advertising Association (Advertising Association, AA). The Advertising Association, in turn, consists of the largest non-profit associations of participants in the advertising market, working in all areas of advertising. The Association currently has 21 members. Essentially, AA is an association of associations, a market-wide organization capable of expressing the opinion of the industry as a whole. It is worth paying attention to the fact that in the UK such a single self-regulatory body was created back in 1924, while in Russia only in 1989 the first public association in the field of advertising appeared - the Association of Advertising Workers. Of course, such an early development of self-regulation has led to the fact that the current system of self-regulation of advertising activities in the UK is recognized as one of the most effective in the world.

Researchers believe that most of the states that are members of the European Union have a system of self-regulation of the advertising industry, similar to the British one. Moreover, ASA, in fact, stood at the origins of the creation of the European Advertising Standards Alliance (EASA). The Alliance currently brings together national advertising self-regulatory systems in Europe and beyond, and is also working on the creation and development of advertising self-regulation in countries such as Croatia, Cyprus, Serbia, Ukraine and Russia. National SROs exist in France, Germany, Italy, Spain, Portugal,

Greece and many other countries. All these organizations operate under the aegis of EASA and are its members 1 .

The United States occupies a peculiar niche in the field of self-regulation of advertising activities. Thus, in the United States, the advertising industry has its own SRO - the National Advertising Division (NAD) of the Council of Bureaux better business. The Better Business Bureau Council is an organization of local business organizations that promote business ethics through voluntary self-regulation (the Better Business Bureau system, BBB) and consumer and entrepreneur education. With local BBBs, consumers can often get their grievances against BBB members resolved. The National Advertising Division controls advertising in all media, including the Internet; decides on complaints from competitors and consumers about false or misleading claims in advertising; makes decisions, which it publishes and circulates. When an advertiser continues to make claims that are found to be false by the NAD or refuses to give him information, the Division takes the case to the FTC, and the FTC resolves the dispute using its powers. Most advertisers agree to modify or remove controversial statements. The advertising self-regulation system is so effective that there is no advertising law in the US.

In Russia, there are currently certain professional associations and public organizations in the field of advertising. These organizations represent the interests of both advertisers and advertising producers and advertising distributors. As an example, the following professional organizations and associations of participants in the Russian and international advertising market can be mentioned:

1) Association of Communication Agencies of Russia(ACAR) is the leading and largest professional association of participants in the Russian market of advertising and communication services. This Association was founded in 1993 as the Russian Association of Advertising Agencies in order to protect their interests, in the future - the entire advertising community, as well as create conditions for the development of a civilized advertising market in Russia: corporate ethics, social responsibility, industrial standards and business rules. The Association represents the interests of companies that operate in the field of advertising, direct marketing, sponsorship, marketing research, design and packaging, organize events to promote goods and services, arrange points of sale, create and place advertisements in the press, on radio, television, in cinemas , on the streets and squares, transport, on the Internet. The Association is a member of the Chamber of Commerce and Industry of the Russian Federation and a representative of Russia in the European Association of Communication Agencies (EACA);
2) Advertisers Association - is a Russian non-profit organization uniting a number of major Russian and international advertisers. The Association was established in 1997 in order to form and establish in Russia a system of reliable guarantees of freedom of advertising, as well as to promote the formation and development of an effective system of self-regulation of advertising activities in the Russian market. The Association is a full member of the World Federation of Advertisers, thus acting as an expert on international practice of regulation and self-regulation of the advertising market in Russia;
3) International Advertising Association is an international professional association of participants in the advertising services market. In Russia, the Association first began its activities in 1994, during the formation of Russian advertising. The priority activities of the International Advertising Association include the promotion of a broad practice of self-regulation, including self-regulation of advertising; promotion of professional development, special higher education and retraining of specialists in advertising and marketing communications;
4) National Association visual communications (NAVK) is a Russian non-profit organization that unites manufacturers and distributors of outdoor advertising and information. It was founded in 2003 as the National Association of Outdoor Advertising and Information (ANRI). The mission of the organization is to promote the civilized development of outdoor advertising in Russia. Its activities are aimed at the formation of modern, civilized mechanisms for the interaction of all components of the Russian visual communications market in order for it to correspond to the world level of development and the expectations of Russian society;
5) Non-profit partnership to promote the development of interactive advertising - international professional association of interactive advertising market participants. The partnership has been operating since 1996. Now it has branches in more than 40 countries. The Russian branch was opened in 2009 and implements the following goals: integration of the Russian interactive advertising market into the global advertising market; providing infrastructure for communication with foreign colleagues; bilateral exchange of data and experience within the framework of research, outreach, educational activities; distribution to Russia of established standards for interactive advertising and business practices;
6) Advertising Federation of Regions(RFR) is a Russian non-profit organization that unites regional advertising agencies and mass media advertising sales departments. The organization arose as a result of the joint work of regional partners in the implementation of new developments in the field of advertising business. The task of the RFR is to improve the advertising business in Russia in order to develop the economic and social stability of the country. The organization represents the interests of the regional advertising business in the Russian market, informs the regional advertising business in order to promote its development, conducts purposeful activities to introduce modern approaches and technologies to the regional advertising markets;
7) Advertising Council of Russia(РСР) is a Russian non-profit organization uniting all-Russian associations of advertising producers, advertising distributors, advertisers, consumer societies and regional advertising self-regulation organizations. The organization was formed in 1995 as the Public Council for Advertising in order to develop a system of public regulation of advertising activities, harmonize the interests of advertising consumers, the media and the advertising business. The structure of the Council includes committees for the development of ethical standards for advertising activities and the practice of applying self-regulation and legislation.

1) represent the legitimate interests of SRO members in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies;
2) participate in the consideration by the antimonopoly body of cases initiated on the grounds of violation by members of the SRO of the legislation of the Russian Federation on advertising;
3) appeal to the appropriate court the normative legal acts of federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments;
4) to apply in relation to the members of the SRO the measures of responsibility provided for by the constituent and other documents of the SRO, including exclusion from the members of the organization;
5) develop, establish and publish the rules of professional activity in the field of advertising that are mandatory for all members of the SRO;
6) exercise control over the professional activities of SRO members in terms of compliance with the requirements of the Law on Advertising and the rules of professional activity in the field of advertising, including the requirements of professional ethics;
7) consider complaints against the actions of a member of the SRO;
8) develop and establish requirements for persons wishing to join the SRO;
9) collect, process and store information about the activities of members of the SRO, the disclosure of which is carried out in the form of reports in the manner and with the frequency established by the constituent and other documents of the SRO;
10) maintain a register of persons who are members of the SRO.

are of direct importance only for the SROs themselves and their members, as well as the rights that ensure the interests of advertising consumers. First of all, we are talking about the observance by SRO members of the requirements of the Law on Advertising and the requirements of professional ethics. Within the framework of these rights, in March 2012 in Moscow, the signing of the Russian Code of Practice for Advertising and marketing communications. The initiators of the preparation of the Code were NP "Commonwealth of manufacturers of branded trademarks RusBrand and the Association of Communication Agencies of Russia. During the solemn ceremony, representatives of more than 20 industrial and public organizations signed the text of the Code. The purpose of the Code is the formation of high ethical standards of advertising activities and their observance by all participants in the advertising process.

It seems appropriate if SROs in the field of advertising continue to develop their rights aimed at protecting the interests of advertising consumers. For example, SROs can supervise advertising distributed on the Internet for its compliance with the general and special requirements for advertising, and if violations are found, apply to the FAS Russia with an application to consider the identified violations and bring to justice persons who do not comply with the law. Thus, SROs in the field of advertising, together with the state body, will represent the interests of consumers of advertising, given the fact that the Law on Advertising does not contain special requirements for advertising on the Internet.

It is worth agreeing that self-regulation as a public institution implies a significant degree of autonomy of self-regulation bodies from public law regulators, a high level of independence and the existence of mechanisms that regulate social relations. At the same time, the current level of independent activity of subjects of the advertising market in Russia allows us to speak only about the presence of a certain and in some cases significant influence of SROs on the development of the advertising market, rather than any noticeable regulatory impact on it. In other words, SROs are still some kind of public platforms for communication between companies working in the field of advertising and for cooperation between their individual functions. But there is still no need to talk about a noticeable regulatory impact 1 .

Above, we indicated that the membership of advertising entities in SROs in the field of advertising is voluntary. However, at present, science argues the need to modernize the system of self-regulation in the field of advertising by introducing mandatory participation of advertising market entities in SROs. Let us consider the proposed mechanism in more detail.

So, S. S. Ermolenko substantiates the next transition to mandatory self-regulation of the outdoor advertising market. At the first stage, the state should establish a number of preferences for members

SROs, and organizations, in turn, to establish performance standards for their members that would provide more high requirements than those provided by government regulations. Gross and repeated violation of the standards by the SRO participant should be punished by exclusion from the organization with the deprivation of the preferences that the participant used. This will stimulate the activities of SROs in the necessary direction - towards ensuring both private and public interests. This approach should become a prerequisite for the implementation of the second stage of modernization of the self-regulation system - the introduction of mandatory participation of advertising market entities in SROs, which should positively affect the saving of administrative and financial resources of public authorities, as well as raise the quality of outdoor advertising distribution throughout the territory to a higher level. RF 1 .

However, in the proposed model of transition to mandatory membership in the SRO, the emphasis is only on the subjects of advertising activities engaged in the field of outdoor advertising. Such an approach, in our opinion, does not seem entirely logical, because it proceeds from the division of subjects of one sphere into two parts - those for whom membership in the SRO in the field of advertising will be mandatory, and the rest, for whom it will remain voluntary. Membership in the SRO should not be divided according to the area of employment of subjects in advertising activities (in this case, outdoor advertising). And the Law on SRO itself proceeds precisely from the association (mandatory or voluntary) of participants in one field of activity in an SRO. The practice of functioning of already established SROs with mandatory membership also proceeds from the principle of uniting all business or professional entities and the impossibility of carrying out these types of activities outside SROs for certain categories of entities. If there is a transition from voluntary membership in the SRO to mandatory, then it should be developed for all participants in the advertising market. As for the proposed model of transition to mandatory membership in SROs in the field of advertising, it will most likely serve as an incentive for advertising market entities engaged in the distribution of outdoor advertising to join SROs on a voluntary basis in order to develop professional standards of activity, protect their rights and representation of interests.

Concluding the issue of considering the activities of SROs in the field of advertising, the following can be noted. The experience of functioning of SROs in this area is small and in the current situation for these organizations, their voluntary nature remains a characteristic feature. Currently, the activities of voluntary SROs in the field of advertising are characterized by the strengthening of their rights related to the protection of their members and consumers of advertising, as well as their interaction with public authorities to develop standards on the ethics of advertising.

See: URL: http://adindustry.ru/doc/1158.
SmZhukovskaya L. M. Civil law regulation of advertising activities in the Russian Federation: thesis .... cand. legal Sciences. M., 2007. S. 49.
See: URL: http://adindustry.ru/.
The text of the Code was developed by a group of experts from NP "RusBrand" and "ACAR" in the field of marketing, advertising and legislation based on the provisions of the Consolidated Code of Practice for Advertising and Marketing Communications of the International
See: Ermolenko S.S. Decree. op. S. 23, 24.
For example, SRO AU, SRO auditors, SRO appraisers.

* organization of interaction between the subjects of the advertising market;
* development of measures to build self-regulation mechanisms;
* creation of legal conditions for linking the interests of customers, manufacturers, distributors and consumers of advertising;
* Assistance in the training of personnel for the advertising business;
* carrying out an independent examination of promotional products.

The practice of functioning of the Public Council on Advertising has shown the need for association with other structures - commercial and non-profit organizations, integration into the international system of advertising self-regulation.

In 1999, the council was reorganized, resulting in a non-profit partnership - the Advertising Council of Russia. The main goals of this organization were the streamlining and effective development of advertising activities in Russia through the voluntary compliance with the developed norms by the subjects participating in the market.

According to the charter of the association, the main objectives of its activities are the following: advertising chamber of commerce self-regulation

* association on a voluntary basis of companies operating in the field of advertising and commercial communications, for the implementation of self-regulation and control of their professional activities;
* representation and protection of common professional, property and other interests of the members of the association;
* development, implementation in the daily practice of members of the association of rules (standards) for professional activities in the field of advertising and commercial communications and ensuring control over their implementation;
* development, introduction into the daily practice of members of the association of voluntary ethical requirements for advertising and ensuring control over their implementation.

The main activities of the association:

* study of the conditions for carrying out activities in the field of advertising and commercial communications;
* development of proposals for improving the legislation of the Russian Federation governing relations in the field of advertising and commercial communications, and submission of these proposals to bodies with the right of legislative initiative;
* ensuring the interaction of members of the association, the media and advertisers in order to improve the quality level of advertising and other marketing information, its reliability and accessibility to each member of society;
* representation of the legitimate interests of its members in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local governments;
* participation in the consideration by the antimonopoly authorities of cases initiated on the grounds of violation by members of the association of advertising legislation;
* judicial appeal against acts and actions of federal state authorities, state authorities of the constituent entities of the Russian Federation, local authorities that violate the rights and legitimate interests of any member of the association or group of members of the association;
* the application of measures of responsibility in relation to its members provided for by the constituent and other documents, including exclusion from members of the association;
* development and adoption of rules (standards) for the professional activities of members of the association (Code of professional activities of the AKAR), monitoring their compliance;
* development and adoption of a set of rules of professional ethics for AKAR members (the Code of Ethics of AKAR), monitoring their observance;
* application of measures of influence to the members of the association - violators of the rules of professional activity and professional ethics of the members of the association;
* consideration of complaints against the actions of members of the association;
* carrying out examinations of promotional products in disputable situations;
* holding competitions of professional skills for certain types of advertising and commercial communications;
* promotion of advertising festivals and the participation of members of the association in them;
* creation and organization of the activities of the arbitration court at the association to resolve disputes between members of the association, between members of the association and other organizations;
* ensuring the activities of the advertising academy;
* implementation of international activities for the purpose of interaction, cooperation with international organizations, associations in the field of advertising and commercial communications, exchange of information, documents on all issues within the scope of the association;
* development of a system of professional training and retraining of personnel in the field of advertising and commercial communications for members of the association;
* promotion of the principles and methods of advertising and commercial communications, dissemination of Russian and foreign experience in the field of advertising and commercial communications, including through the development of the information portal of the association;
* organization and holding of conferences, seminars, symposiums, exhibitions, competitions and other events in order to realize the achievements of the members of the association.

A new stage in the development of the advertising self-regulation system in Russia is associated with the creation of the Council of Media Industry Associations (SAMI), which includes almost all the main subjects of the media market - Media Union, the Guild of Periodical Press Publishers, the Association of Communication Agencies, the Association of Advertisers, the Russian Association for Public Relations , National Association of Broadcasters, etc.

1) represent the legitimate interests of members of a self-regulatory organization in their relations with federal government bodies, government bodies of constituent entities of the Russian Federation, and local government bodies;
2) participate in the consideration by the antimonopoly body of cases initiated on grounds of violation by members of the self-regulatory organization of the legislation of the Russian Federation on advertising;
3) appeal to an arbitration court the normative legal acts of the federal state authorities, the normative legal acts of the state authorities of the constituent entities of the Russian Federation, the normative legal acts of local governments;
4) apply to the members of the self-regulatory organization the measures of responsibility provided for by the constituent and other documents of the self-regulatory organization, including exclusion from the members of the self-regulatory organization;
5) develop, establish and publish the rules of professional activity in the field of advertising, binding on all members of the self-regulatory organization;
6) exercise control over the professional activities of members of the self-regulatory organization in terms of compliance with the requirements of this law and the rules of professional activity in the field of advertising, including the requirements of professional ethics;
7) consider complaints against actions of a member of a self-regulatory organization;
8) develop and establish requirements for persons wishing to join a self-regulatory organization;
9) collect, process and store information about the activities of the members of the self-regulatory organization, the disclosure of which is carried out in the form of reports in the manner and with the frequency established by the constituent and other documents of the self-regulatory organization;
10) maintain a register of persons who are members of a self-regulatory organization.

9.1. Concept and meaning

The seventy-year experience of total state regulation of economic and social life in our country has shown the inefficiency of managing economic processes and the impossibility of creating an expedient and operational system of regulation in the sectors of the economy under the conditions of a totalitarian state. Meanwhile, in developed countries, issues of economic regulation are quite successfully resolved by the professional community, which allows not only to optimize the system of regulatory regulation in each sector of the economy, but also to ensure effective control over compliance with the adopted rules, as well as effective measures to influence violators.

1) ensures the establishment of informal and necessary rules of conduct for subjects of the advertising market;

2) replaces state regulation of economic processes in those areas where state regulation has shown its inefficiency and inexpediency;

4) contributes to the improvement of the current legislation in the field of advertising.

Self-regulation is a necessary element of a developed civil society, part of the mechanisms of non-state regulation of public life.

The need to develop self-regulation in advertising is associated with the following shortcomings of the current system of state regulation:

Inefficiency of legal regulation of certain relations in the field of advertising (for example, the issue of ethics or unethical advertising);

The impossibility at the legislative level to regulate all the necessary and constantly changing aspects of advertising (the current legislation of Russia did not regulate the advertising of shares and financial services, which led to mass deception of the population in the mid-90s of the twentieth century; now it is necessary to strictly regulate advertising with using e-mail, mobile phones, incentive events, but until 2006 there were no relevant provisions in the law).

In connection with the stated shortcomings of state regulation, the self-regulation system shows clear advantages:

Speed, flexibility, efficiency of regulation;

Low costs;

Relevance and low formalization of the applied rules;

Influence on aspects of advertising activity not regulated by the state (language, taste, ethics);