Regulations for placing advertisements on Yandex. Advertising Requirements

This document is a translation of Regulations for placing advertisements on Yandex in English. In case of conflict between the Russian version of Regulations for placing advertisements on Yandex and this translation - only the Russian version of Regulations for placing advertisements on Yandex is legally binding. The Russian version of Regulations for placing advertisements on Yandex can be found here: https://yandex.ru/legal/adv_rules/?lang=ru.

Advertising certain goods and services is forbidden or limited by effective law. Here you will find information on what, how, and why you are able to advertise supported by direct quotes from the legislation explaining corresponding bans and restrictions.

The following is not allowed to be advertised*:

  • goods forbidden for manufacture and (or) sale by Russian legislation. For example: counterfeit goods; the services on registering one’s place of residence; diplomas.

  • 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 alcohol and goods forbidden or limited in unrestricted distribution by Russian law

The following is not allowed to be advertised via the Internet*:

  • weapons

  • gambling and betting, as well as their organizers

The following can be advertised subject to meeting special requirements*:

  • alcohol

  • beer and beer-based beverages

  • tobacco products and smoking accessories

  • lotteries and stimulating actions

  • medicines, medical equipment and medical services

  • dietary supplements

  • infant food

  • financial services

  • securities

  • goods sold by remote means

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 (http://advertising.yandex.ru/assets/asset_324.xml) of the Criminal Code of the Russian Federation); **

  • forgery, production or sale of counterfeit documents, stamps, seals, blank forms (Article 327 (http://advertising.yandex.ru/assets/asset_327.xml) 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 advertising agency prior to advertising (Article 13 of the law "On advertising").

For more details ,see extracts from Article 7 (http://advertising.yandex.ru/assets/asset_7.xml) and Article 13 (http://advertising.yandex.ru/assets/asset_13.xml) of the Federal Law "On advertising".

Advertising the remote distribution (sale) of alcohol and goods which are forbidden or subject to restrictions for unlimited distribution by the Russian law

Advertising remote sale of alcohol and 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.

For more details, see extracts from Article 7 (http://advertising.yandex.ru/assets/asset_7.xml) of the Federal Law "On advertising"; from the Russian government regulation № 612 dated September 27, 2007 (http://advertising.yandex.ru/assets/asset_resolution.xml); from the Decree of the President of Russian Federation No. 179 dated 22.02.1992 (http://advertising.yandex.ru/assets/asset_decree.xml).

Advertising weapons

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.

For more details see extracts from Article 26 (http://advertising.yandex.ru/assets/asset_26.xml) of the Federal Law "On 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.

For more details, see extracts from Article 27 (http://advertising.yandex.ru/assets/asset_27_0.xml) of the Federal Law "On advertising".

Alcohol advertising

Contents of advertising materials used for advertising alcohol are regulated by Article 21 of the law "On advertising".

Alcoholic beverages are subject to mandatory certification (according to the Order by the Russian Government dated 13.08.1997 "On approving a list of goods for mandatory certification, and a list of works and services for mandatory certification"). Advertising alcohol without Certificate of Compliance for an advertised beverage is not allowed (Article 7 of the Federal Law "On advertising").

For more details, see extracts from Article 21 (http://advertising.yandex.ru/assets/asset_21.xml) of the Federal Law "On advertising".

Advertising beer and beer-based beverages

The contents of advertising materials used for advertising beer and beer-based beverages are regulated by Article 22 of the law "On advertising".

Due to the fact that beer and beer-based beverages are included in the list of goods for mandatory certification (Decision of Gosstandart of Russia No. 64 dated 30.07.2002 No. 64) advertising them without a Certificate of Compliance for an advertised beverage is not allowed (Article 7 of the Federal Law "On advertising").

For more details, see extracts from Article 22 (http://advertising.yandex.ru/assets/asset_22.xml) of the Federal Law "On advertising".

Advertising tobacco, tobacco products and smoking accessories

The contents of advertising materials used for advertising tobacco, tobacco products and smoking accessories are regulated by Article 23 of the law "On advertising".

Due to the fact that tobacco, tobacco products and smoking accessories, including pipes, hookahs, cigarette paper, lighters and other similar goods are subject to mandatory certification (according to the Order by the Russian Government dated 13.08.1997 "On approving a list of goods for mandatory certification, and a list of works and services for mandatory certification ") advertising them without Certificate of Compliance is not allowed (Article 7 of the Federal Law "On advertising").

For more details, see extracts from Article 23 (http://advertising.yandex.ru/assets/asset_23.xml) of the Federal Law "On advertising".

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 organizer must obtain a permit for holding a lottery (Federal Law "On lotteries" No. 138 dated 11.11.2003). The permit for holding a lottery shall be delivered to the advertising agency prior to advertising.

For more details see extracts from Article 9 (http://advertising.yandex.ru/assets/asset_9.xml) and Article 27 (http://advertising.yandex.ru/assets/asset_27.xml) of the Federal Law "On advertising".

Advertising medicines, medical services and products

The contents of advertising materials used for advertising medicines, medical services and products are regulated by Article 24 of the Federal Law "On advertising".

Medical activity is subject to mandatory licensing (Clause 96 Part 1 Article 17 of the Federal Law N0. 128 "On licensing specific activities" dated 08.08.2001).

Medicine can be produced, distributed and used in the territory of the Russian Federation if registered with the Ministry of Health Care of the Russian Federation (Article 19 of the Federal Law No. 86 "On medicines" 22.06.1998).

For more details, see extracts from Article 24 (http://advertising.yandex.ru/assets/asset_24.xml) of the Federal 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".

Manufacturing and selling dietary food supplements is forbidden if they are not officially registered (paragraph 4 of the Decision by the Chief State Health Officer of the Russian Federation No. 21 dated 15.09.1997 "On the state registration of dietary food supplements").

Dietary food supplements which passed due hygienic certification are subject to state registration after the expiration of hygienic certificates (paragraph 5 of the Decision by the Chief State Health Officer of the Russian Federation No. 21 dated 15.09.1997 "On the state registration of dietary food supplements").

Advertising dietary food supplements without a registration certificate (Article 7 of the Federal Law "On advertising") is not allowed.

For more details, see extracts from Article 25 (http://advertising.yandex.ru/assets/asset_25.xml) of the Federal Law "On advertising".

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. 1013 dated 13.08.1997 "On approving a list of goods for mandatory certification, and a list of works and services for mandatory certification" (see Corpus of the Legislative Acts of the Russian Federation, 1997, N 33, Article 3899).

Advertising infant food without a Certificate of Compliance Article 7 of the Federal Law "On advertising") is not allowed.

For more details, see extracts from Article 25 (http://advertising.yandex.ru/assets/asset_25.xml) of the Federal Law "On advertising".

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:

  • Insurance

  • Bank services

  • Providing loans

  • Asset management

  • 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; clearing; custody businesses; keeping ownership registers of securities; organizing trading in the securities market) is subject to licensing according to Federal Law No. №39-FZ dated 22.04.1996 "On the securities market".

Businesses in the financial markets (the activity of investment funds; businesses in investment fund management, unit investment trust management and non-governmental pension fund management subject to licensing) are subject to licensing according to the Russian Government regulation No. 432 dated 14.07.2006 "On licensing certain businesses in the financial markets".

Advertising the above-mentioned businesses is not allowed unless an advertiser has a corresponding license (Article 7 of the Federal Law "On advertising").

For more details, see extracts from Article 28 (http://advertising.yandex.ru/assets/asset_28.xml) of the Federal Law "On advertising".

Advertising securities

The contents of advertising materials used for advertising securities are regulated by Article 29 of the Federal Law "On advertising".

For more details, see extracts from Article 29 (http://advertising.yandex.ru/assets/asset_29.xml) 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 alcohol products and products subject to legal restrictions on unlimited distribution thereof.

For more details, see extracts from Article 8 (http://advertising.yandex.ru/assets/asset_8.xml) of the Russian Federal Law "On advertising".

 

_____________________________

* 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 (http://advertising.yandex.ru/assets/asset_1225.xml) of the Civil Code of the Russian Federation):

  • works of science, literature and art, including music, audiovisual works (films, musical clips, soundtracks etc.);

  • computer program;

  • databases;

  • soundtracks.

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 (http://advertising.yandex.ru/assets/asset_1270.xml) 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 (http://advertising.yandex.ru/assets/asset_1229.xml) 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 (http://advertising.yandex.ru/assets/asset_1225.xml) of the Civil Code of the Russian Federation):

  • trade marks and service marks;

  • trade names;

  • commercial names.

For more details see: extracts from Articles 1225 (http://advertising.yandex.ru/assets/asset_1225.xml); 1229 (http://advertising.yandex.ru/assets/asset_1229.xml), 1252 (http://advertising.yandex.ru/assets/asset_1252.xml); 1259 (http://advertising.yandex.ru/assets/asset_1259.xml); 1270 (http://advertising.yandex.ru/assets/asset_1270.xml) of the Civil Code of the Russian Federation (Part IV).