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The Concept and Types of False or Deceptive Advertising Under Russian Law

Student: Ignateva Yuliya

Supervisor: Yulia Zhukova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2017

This graduate paper is aimed at studying the terminological and conceptual ideas provided by the Russian legislator for the purposes of identifying and combating unfair advertising, including as an act of unfair competition, and also to identify gaps existing in relation to these categories. The main objectives of the paper are: (a) consideration of the general concept of advertising adopted in Russian legislation, the main approaches to its understanding and interpretation; (b) identify the main requirements for advertising by the legislator, including requirements for the integrity of advertising; (c) studying certain types of unfair advertising; (d) the correlation of categories of unfair advertising and unfair competition. The paper consists of an introduction, three chapters, nine paragraphs, a conclusion and a list of used literature. I chapter considers the concept and basic approaches to the content of advertising, the requirements for advertising, the concept and the composition of unfair advertising. II chapter is dedicated to the main types of unfair advertising, namely, the incorrect comparison of goods; advertising discrediting honor, dignity and business reputation; prohibited advertising. In the III chapter, attention is paid to unfair advertising as an act of unfair competition, considered collision of formulations and possible solutions. Based on this research the following main conclusions were made: firstly, the Russian advertising legislation offers an acceptable level of regulation of legal definition of advertising, the purposes of advertising legislation; secondly, there are some ambiguities in the legal nature and understanding of types of unfair advertising, certain conflicts are created; thirdly, the author offers the doctrine of "subordinate intersection" - if a particular violation falls under the effect of both rules on unfair advertising and unfair competition, rules on liability for unfair competition should be applied.

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