RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of October 8, 2012 No. 58

About some questions of practice of application by Arbitration Courts of the Federal Law "About Advertising"

Due to the questions arising by consideration by Arbitration Courts (further - courts) the cases connected using separate provisions of the Federal Law "About Advertising" (further - the Law on advertizing), and for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to make to courts the following explanations.

1. According to Item 1 of article 3 of the Law on advertizing information distributed in any manner, in any form and with use of any means, addressed to the uncertain group of people and directed to drawing attention to subject of advertizing, forming or maintenance of interest in it and its market promotion, is advertizing and shall meet with respect thereto to requirements imposed by the Law on advertizing.

In case of application of this regulation courts should recognize that information which though answers the listed criteria cannot be qualified as advertizing, however it is obligatory to placement by law or takes place owing to business custom.

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