In modern cities, advertising surrounds consumers everywhere. On city streets, indoors shopping centers new ways of advertising are coming. One of the most notable trends of recent times has been advertising on asphalt. What is its legal status and future prospects?

Advertising on asphalt has received active distribution in the last two years. There is no significant regulation of it at the regulatory level. Numerous sites on the Internet offer cheap coloring of gray Moscow everyday life with bright ads. The owners are there advertising business assure clients of the absolute legality of such activities. The main argument: so far no one has had problems. Although they indirectly admit that drawing on asphalt is not a completely clean business in the literal and figurative sense.

In order to understand what kind of regulation can be applied to advertising on asphalt, one must first understand whether it is advertising from the point of view of the law. It recognizes as advertising information disseminated in any way, in any form and using any means, addressed to an indefinite circle of people and aimed at drawing attention to the object of advertising, generating or maintaining interest in it and promoting it on the market (Article 3). These criteria are met by almost any information messages on asphalt. But what kind of advertising is this?

The most obvious, it would seem, the answer: outdoor advertising. After all, the asphalt outside. But not everything is so obvious. The Advertising Law does not contain a definition outdoor advertising, but only regulates some ways of its distribution. This refers to a special way of advertising distribution: using special technical means of stable territorial distribution. These are billboards (billboards), street banners, electronic scoreboards, etc. If such a technical means is not used for advertising, outdoor advertising falls out of the scope of the law.

The assumption that technical means intended for advertising, is an asphalt pavement, would be highly controversial. Therefore, it is impossible to impose the same requirements on “sham advertising” as, for example, on a billboard.

Opponents of advertising on asphalt point to the need to conclude an agreement with the owner of the asphalt surface in order to legalize the application of advertising. That is, they are trying to apply the norms of the law, which have nothing to do with the situation under consideration.

There is no administrative offense in the field of advertising in this case. And the only responsibility that the distributor of advertising can bear is civil law: the owner of the asphalt can demand monetary compensation from the "artists" for the use of his property. He will have to determine the amount of compensation and prove the fact of advertising by these persons. Both of these seem to be very difficult.

This explains the free behavior of advertisers. As long as their actions do not attract the attention of the antimonopoly service (monitors advertising activities) and do not threaten to bring them to administrative responsibility, there is no need to once again think about the legality of the entire event.

This can lead to serious problems. Without worrying about the legality of advertising on asphalt as such, advertisers often forget about the legality promotional content. After all, such advertising, although it does not require a special order of placement, still remains an advertisement. And it must be, in particular, conscientious and reliable (v. 5). There are also special requirements for advertising certain types goods - alcoholic and tobacco products, beer, medicines, etc. Violation of these requirements, even in "harmless" advertising on asphalt, can result in a fine of 100 to 500 thousand rubles.

In this regard, the incident that occurred last spring in Stavropol is curious. A manufacturer of plastic windows placed on the pavement in the courtyards of houses an image of a woman who fell out of a window, next to which was written “mother washed the frame.” It was reported that the windows of this company do not need to be washed. Outraged citizens turned to the FAS department, and an order was issued to stop the distribution of advertising (Article 5 “formation of a negative attitude towards persons who do not use the advertised product”). The case was considered arbitration courts in three instances, entrepreneurs lost.

It is assumed that in the future the authorities will regulate both the content of advertising on asphalt and the procedure for its placement. Back in late 2010, Vladimir Makarov, ex-head of the Moscow Advertising Committee, reported that a special normative act, which will regulate the placement of advertising on asphalt and introduce liability for its illegal placement. It was supposed to allocate special areas around shopping centers for “traffic” advertising - advertising “islands”.

Until now, such a document has not been adopted, and its draft has not been submitted for review. In light of the committee's recent reorganization, advertising officials may not have time to prepare it soon. In the meantime, advertising companies continue to paint the urban landscape, collecting money literally from the ground.

Anyone who is thinking about placing their ads needs to familiarize themselves with the rules federal law"On Advertising", since the amount of fines for violating the requirements of the law reaches one million rubles.

From the material below you will find out whether there are penalties for placing ads in the wrong place, whether a fine of 15,000 r for advertising on asphalt in Moscow in 2018 is real, whether it is possible to place ads on a car, and what other penalties exist for violating the law on advertising.

Is there a penalty for posting ads in the wrong place?

There is no article in the Code of Administrative Offenses of the Russian Federation providing for responsibility for placing ads in the wrong place. However, such penalties exist at the regional level.

For example, according to part 1 of Art. 8.13 of the Law of the City of Moscow dated November 21, 2007 N 45 posting information materials in the wrong places entails a warning or a fine in the amount of:

1000 - 5000 rubles. for citizens;

25000 - 50000 rubles. for officials;

50,000 - 100,000 rubles. for legal entities.

“Placing announcements and other informational materials outside specially designated places, with the exception of cases provided for by Part 5 of this Article and Article 10.8.1 of this Code, - entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to five thousand rubles; on officials - from twenty-five thousand to fifty thousand roubles; for legal entities - from fifty thousand to one hundred thousand rubles.

The same penalty is provided for placing advertisements outside specially designated areas in St. Petersburg. However, here violators have no opportunity to receive a warning:

“Placing announcements and other information materials outside specially designated places for this purpose entails the imposition of an administrative fine on citizens in the amount of one thousand to five thousand rubles; on officials - from twenty-five thousand to fifty thousand roubles; for legal entities - from fifty thousand to one hundred thousand rubles ”(Article 37.1 Law of St. Petersburg dated May 31, 2010 N 273-70)

What is the fine for advertising on asphalt in Moscow

500 - 2500 rubles. for citizens;

5000 - 7500 rubles. for officials;

7000 - 15000 rubles. for legal entities.

“The application of inscriptions and images made with resistant materials to road surfaces (street and road network), sidewalks, pedestrian zones, bicycle and pedestrian paths, except for those related to the order of their operation and applied as part of the execution of a state or municipal contract - entails the imposition of an administrative fine on citizens in the amount of five hundred to two thousand five hundred rubles; on officials - from five thousand to seven thousand five hundred roubles; for legal entities - from seven thousand five hundred to fifteen thousand rubles.

What is the penalty for using outdoor advertising without permission

For non-compliance with this requirement, the violator is subject to administrative liability. Penalty for placing outdoor advertising without permission under Art. 14.37 of the Code of Administrative Offenses of the Russian Federation is:

1000 - 1500 rubles. for citizens;

3000 - 5000 rubles. for officials;

Fines for advertising on cars

The TS is used primarily for the purpose of distributing advertising;

The vehicle was re-equipped and partially lost its original functions;

The body of the vehicle has been modified to give it the appearance of a commodity.

According to part 2 of Art. 14.38 of the Code of Administrative Offenses of the Russian Federation for violation of these requirements, a fine is imposed in the amount of:

3000 - 5000 rubles. for citizens;

30,000 - 50,000 rubles. for officials;

500,000 - 1,000,000 rubles. for legal entities.

Also, according to paragraph 5 of Art. 20 of the Federal Law of March 13, 2006 N 38 advertising on a car is prohibited if it closes the driver’s view or interferes with other participants traffic. Thus, advertising on the rear window of a car is permissible provided that the side mirrors are in good working order. A fine for illegal advertising on the rear window of a car is pending if it was placed on the vehicle:

Federal postal service and other special services;

Transporting dangerous goods.

2000 - 2500 rubles. for citizens;

10,000 - 20,000 rubles for officials;

200,000 - 500,000 rubles. for legal persons.

What is the penalty for violating advertising laws?

2000 - 2500 for citizens;

4000 - 20000 for officials;

100000 - 500000 for legal entities.

If you do not agree with the fine imposed on you, you have the right to challenge it. To successfully appeal a fine for illegal advertising sign consult a lawyer.

Each of us has experienced advertisements placed right under your feet. Such inscriptions are found in front of the entrances to shops, at the exits of the subway, along the path of a large number of pedestrians. Sometimes this advertisement really helps us find the institution we need, pay attention to the newly opened store, and offers the product we need. In most cases, this ad is not annoying, because if you wish, you can not read it and not notice it. But is its placement legal? What threatens the application of inscriptions to advertisers?

The legality of advertising on asphalt

Let's take a look at the law:

According to Article 3 of the Federal Law of March 13, 2006, No. 38 of the Federal Law “On Advertising”, advertising is information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at drawing attention to the object of advertising, formation or maintenance of interest in it and its promotion in the market.

At the federal level, advertising on asphalt is not regulated by law, and responsibility for applying advertising messages on the pavement not provided. But, in accordance with the Russian legislation of the subjects, such activities are recognized as illegal. What does this mean?

1. If you carefully read the law, advertising on asphalt does not apply to any type of outdoor advertising.
2. But on the other hand, if we take into account that it corresponds to its purpose, is aimed at attracting the attention of a large number of people to a particular product or product, is addressed to a large circle of people, then this is still an advertisement, which means it falls under the regulations of the Federal Law on Advertising

• in part 1 of article 5 it is said that advertising must be honest and reliable;
• prohibits advertising alcoholic products, medicines, some other types of goods;
• Part 4 of Article 38 of the Law "On Advertising" says that if advertisers, producers and distributors of advertising violate this law, they will face administrative fines;
• if all the requirements are met, in fact, advertising on asphalt cannot be called illegal, but it should be remembered that in Moscow a law was passed on responsibility for putting inscriptions and images on asphalt.

Note:

Advertising on asphalt is not legally placed. According to part 4 of article 8.13 dated November 21, 2007 under No. 45, which is called the "Code of Moscow on Administrative Violations", it is prohibited to apply various kinds of inscriptions and drawings on road surfaces using persistent coloring agents.

• on the individuals- from 500 to 2500 rubles;
• for officials - from 5,000 to 7,500 rubles;
• for legal entities - from 7,500 to 15,000 rubles.

What is the situation with advertising on asphalt really

However, advertisements on the pavement appear in various places in the city. It is beneficial for private entrepreneurs, small organizations that are not afraid of penalties, since it is quite difficult to find them. The fact is that you can be held liable only if you were caught by the hand while advertising on the road surface. That is why most often such inscriptions appear at night.

Activists use solvent to remove ads on asphalt.

For the advertiser, of course, there is a risk of being caught, because leaving any information, you leave your contact numbers. But you can always say that you do not know anything, that someone mistakenly posted exactly your data.

Small fines with a minimum of costs and a large effect do not scare away advertisers who want to short time attract a large number of clients.

Where is the best place to apply

If you want to minimize the risks as much as possible, apply inscriptions that do not contradict the law, and, moreover, do this exclusively on the sidewalks. Do not under any circumstances touch:

• carriageways of the city;
• historical monuments;
• engineering and architectural structures;
• objects of private property;
• territories adjacent to large commercial, entertainment, cultural institutions that have their own owners.

Otherwise, you will not avoid problems, they will still find you and drag you through the courts, police stations, turn to the FAS.

Asphalt advertising design

A specially designed asphalt stencil is used.

The basic rules are:

1. First, you need to think about the text of the ad. Perhaps he will be backed up. graphic images, pointers.
2. The letters in the ad must be equal to 3 cm and above, the font is better to choose Verdana.
3. Then you need to order a stencil for advertising on asphalt. According to the advice of many advertisers, it is better to choose a fairly large format of at least A1.
4. Make a plywood stencil that is 5cm larger around the perimeter of the inner borders. This is necessary in order to then draw the background and edging.

Application tools and consumables

• ready-made stencils - metal and plywood;
• road paint in red, white or yellow;
• rollers for painting the background, about 20 cm wide;
• roller 5 cm to draw the border of the inscriptions;
• black mastic graffiti spray cans to apply text messages;
• brushes for cleaning the road surface before applying dyes.

It is more convenient to transport all devices on your own car with a trailer.

Ways of advertising on road surfaces

by the most in a simple way is the following:

1. With a stiff brush, it is necessary to clean the area on which the inscriptions will be applied.
2. It is recommended that you first apply the main background, with yellow or white paint, on which the letters will be better visible.
3. The inscriptions must be applied in black or dark blue.
4. Make your ad stand out.
5. To enhance the contrast, you can circle the entire ad text with a red edging, which is about 5 cm wide.
6. Try to make the announcement concise, but extremely clear, understandable, leave contact information.

The second method is more complicated, but the ad will last from 1 to 3 years.

For it you will need:

• black road paint;
• spray gun;
• inverter;
• car battery;
• varnish for subsequent coating;
• durable backpack.

You will need a backpack in order to put all the necessary tools and materials into it.

Black paint must be poured into the spray gun. Pre-dilute it with solvent to 30 DIN. The advantages of road paint over graffiti mastic are its durability and abrasion resistance.

The video clearly demonstrates how to apply advertising on asphalt:

As a result, you will be able to get a durable drawing that will last about 1-3 years, which is quite enough for as many townspeople to know about you. When you advertise in different places in the city, you will have even more customers.

The cost of advertising on asphalt

• ad placements. The more prestigious the area or place, the higher the price;
• materials used. Expensive materials are more resistant, which means that the price will be higher;
• image format - you can use A1 or A2 size;
• number of impressions on asphalt.

For larger images prices increase:

Watch a video clip that tells what penalties threaten those who place ads on asphalt. So you can be aware and decide whether to place illegal ads: