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 goods forbidden or limited in unrestricted distribution by Russian law

  • tobacco products and smoking accessories

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

  • weapons

  • gambling and betting, as well as their organizers

  • alcohol products

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

  • lotteries and stimulating actions

  • medicines, medical equipment and medical services

  • dietary supplements

  • infant food

  • financial services

  • securities

  • 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 (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 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.

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

According to the clause 21 of the Federal law “On advertising” advertising of alcohol products should not be placed in the Internet.

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 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 46 Part 1 Article 12 of the Federal Law No. 128 "On licensing specific activities" dated 04.05.2011, Regulation of the Russian Government dated от 16.04.2012 No.291 “On licensing of medical activities (except for the activities carried out by medical organisations and other organisations in the private health care system, on the territory of the innovative center «SKOLKOVO»)”).

Medicine are in trade 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".

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".

Food supplements should pass the state registration procedure (Federal Law No. 29 dated 02.01.2000 "On the quality and safety of food products").

Issued prior 15.08.2003 certificates of registration of the biologically active supplements are valid until the expiry of the term of their action (Clause 3 of the Decision of the Chief State sanitary doctor of the Russian Federation of 15.08.2003 No. 146 «On the sanitary epidemiological expertise of biologically active additives»).

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 Clause 2 of the List of food products, materials and products, cosmetic production, means and products for oral hygiene, subject to state registration (Annex to the Regulations on the State registration of new food products, materials and products and keeping the State register of food products, materials and products, permitted for manufacture on the territory of the Russian Federation or import on the territory of the Russian Federation and turnover approved by the Regulation of the Government of the Russian Federation of 21.12.2000 No. 988).

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

  • 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 (except for reinsurance and other cases provided for by Federal laws) 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".

Joint stock investment funds, the activity of investment funds, unit investment trust management and non-governmental pension fund management subject to licensing) are subject to licensing according to the Federal Law No. 156 dated 29.11.2001 "On investment funds", Federal Law No. 75 dated 07.05.1998 "On non-state pension funds".

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 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".

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 (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).

Date of publication: 24.12.2013

Previous version of the document: https://yandex.by/legal/adv_rules/15112013/.

Previous version of the document: https://yandex.by/legal/adv_rules/05092012/.

Previous version of the document: https://yandex.by/legal/adv_rules/23072012/.

Previous version of the document: https://yandex.by/legal/adv_rules/26062012/.

Previous version of the document: https://yandex.by/legal/adv_rules/20092011/.