Advertising must be legal.
Advertising must be LEGAL
According to the current legislation (Articles 24 and 32 of the Federal Law «On Fire Safety», Resolution of the Government of the Russian Federation of August 23, 1993 No. 849), activities (works, services) in the field of fire safety are subject to mandatory licensing by the State Fire Service. In some constituent entities of the Russian Federation, the lists of types of activities (works, services) in the field of fire safety subject to licensing have been expanded. And in accordance with Article 22 of the Federal Law «On Advertising», the advertising producer and distributor are obliged to require the advertiser to present the appropriate license or its duly certified copy.
In addition, in accordance with paragraph 4 of Article 5 of the Federal Law «On Advertising» Advertising of goods subject to mandatory certification must be accompanied by the note «subject to mandatory certification». Advertising of products subject to mandatory certification but not having the appropriate certificate is prohibited (clause 4, article 7 of the Law of the Russian Federation «On Certification of Products and Services»).
In accordance with Article 33 of the Federal Law «0 on Fire Safety» the list of products and services subject to mandatory certification in the field of fire safety is determined by the State Fire Service. By Order of the Main Directorate of the State Fire Service of the Ministry of Internal Affairs of Russia dated November 17, 1998 No. 73 the List of Products Subject to Mandatory Certification in the Field of Fire Safety in the Russian Federation was approved. The said list includes, in particular:
1. Fire safety equipment (fire extinguishers, fire extinguishing aerosol generators, individual rescue devices, elements of fire extinguishing systems, fire extinguishing powders, foaming agents, fire extinguishing gases and gaseous compositions, fire-retardant substances and materials, devices and equipment for automatic fire extinguishing and fire alarm systems, devices and equipment for security and fire alarm systems)
2. Individual substances and materials (carpets and carpet flooring, carpet runners)
3. Building structures and products (fireproof windows, doors, gates, hatches, valves)
4. Electrical devices and electrical appliances (panel electric heaters, cable products, etc.)
5. Household heating devices
6. Heat-generating devices.
If the advertising information does not contain the information required by law (on licensing of activities and certification of products), then it is improper advertising. And this, in turn, entails administrative liability for advertising producers and distributors in the form of a warning or a fine of up to 200 minimum wages. In addition, in such cases, trouble may follow from the self-regulatory body in the field of advertising (the Advertising Union), whose activities are regulated by Article 28 of the Federal Law «On Advertising». Although this is a non-governmental body, as life has shown, editorial offices still prefer to avoid explaining to it.
The Federal Antimonopoly Authority (and its territorial bodies) is responsible for monitoring compliance with advertising legislation. The bodies of the Ministry for Antimonopoly Policy have the right to: impose fines for violation of advertising legislation; send materials on violations of advertising legislation to the bodies that issued the license for a decision on suspension or early cancellation of the license; issue orders to stop violations of advertising legislation. I would like to note that for failure to comply with the order of the antimonopoly authorities, the advertising producer (advertisement distributor) may be fined up to 5,000 minimum salaries.
At the same time, I would like to remind you that troubles await not only advertising producers and distributors. Engaging in activities subject to mandatory licensing without obtaining the appropriate license in accordance with Article 171 of the Criminal Code of the Russian Federation is illegal entrepreneurship. This, in turn, may entail criminal liability for those guilty in the form of a large fine or imprisonment for up to three years, and in some cases up to five years. The profit received in this case is confiscated in favor of the budget. In addition, in accordance with civil law, a legal entity guilty of illegal entrepreneurship can be liquidated in accordance with the established procedure, the products can be seized and destroyed. One cannot ignore the threat of administrative liability for violating the Law on the Protection of Consumer Rights and the Rules of Trade in terms of selling products subject to mandatory certification without a certificate.
Therefore, we recommend that all aspiring entrepreneurs first obtain a license from the State Fire Service in accordance with the established procedure and only then engage in business in the field of fire safety. And before you take fire-fighting products for sale (according to the list), make sure that they have undergone mandatory certification in the field of fire safety and that there is a certificate or a duly certified copy (notarized, by the body that issued the certificate or by the organization holding the original fire safety certificate). By the way, without a fire safety certificate, which, in accordance with Article 6 of the Law «On Certification», is an integral part of the certificate of conformity, fire-fighting products imported from abroad are unlikely to be «cleared through customs» and allowed into the territory of the Russian Federation.