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How to report illegal advertising sign

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How to report illegal advertising sign


© Vladimir Afanasiev/PG

Advertising structures have become an integral part of the urban landscape. But sometimes they are not pleasing to the eye, and sometimes even cause rejection. “Parliamentary newspaper” figured out where to complain about disturbing and offensive signs.

Selling or informing?

There are two types of signs: advertising and information. Informational posting is not only possible, but necessary. The Consumer Protection Act states that any organization or entrepreneur is required to provide consumers with basic information about themselves. To do this, at the entrance to the building where the organization is located, it is necessary to place a sign indicating the name, operating mode. You can specify other important information – provided that they are not of an advertising nature.

No permission is required to place such a sign. The main thing is to comply with the requirements for design and size, which are established by local authorities. In most cities, the maximum size of the plate is 40 by 60 centimeters. Sometimes there are requirements for color, font size, design – this is done for aesthetic reasons, so that the facade of the building looks harmonious.

To place advertising structures – signs, banners, streamers, billboards – you need permission and approval. The content and image must comply with the law on advertising: do not violate the principles of competition, report only on goods or services that are allowed for sale, be ethical, and so on. In addition, the consent of the owners of the building on which the sign is planned to be placed is required. If we are talking about a residential building, then you will have to obtain permission from the owners of all residential and non-residential premises.

Read also:

• Advertisements for beer and betting shops are asked to return to banners

And what prevents

You can complain about an advertising sign in the following cases:

– If the entrepreneur cheated and placed advertising information on the information sign. Since such a sign does not require permission, some businessmen manage to use it for advertising. They do it implicitly, without calls to buy something, as they say, on the verge, but nevertheless they violate the law.

The law is guarded by a fundamental principle here: if information encourages you to visit, buy, generates interest in a product or brand, motivates you to take some action, then this is advertising.

– If an advertising sign, billboard or banner appeared on a residential building, and the issue was not raised at the general meeting of residents, the residents did not vote “for”.

Head of the public organization “Center for Law and Order in the City of Moscow and the Moscow Region”, lawyer Alexander Khaminsky told Parliamentary Newspaper that advertising placed on the facade of an apartment building without the consent of the owners of the premises and the corresponding agreement is illegal. The management company was supposed to hold a vote of the tenants and, with their positive decision, conclude an agreement in which the fee is established. By decision of the general meeting, this money is used for the improvement of the yard, the repair of common property and other important matters. Residents’ permission is required even if the sign is placed on a non-residential part of a residential building, such as a non-residential annex.

– If an image or text on an advertising sign appears offensive or unethical.

The question of tastes and ethical standards is, of course, debatable, but there are also criteria that regulatory authorities take into account. So, for example, an advertisement for a massage parlor with a candid image cannot be near a church.

– If a billboard blocks the light in the windows or an electronic display shines directly into the windows, making it difficult to sleep at night.

Where to complain?

– To the local administration.

– To the Association of administrative and technical inspections of the city.

– To the Federal Antimonopoly Service.

– To the District Attorney’s Office.

– To court.

Where exactly to go depends on the severity and nature of the violation. If, for example, a sign spoils the appearance of the building, blocks the light, the passage, it is logical to contact the administrative and technical inspection and the local administration. If the sign is posted without the consent of the residents, then the administration and the prosecutor’s office. If there are complaints about the content or picture – then in the FAS. On the website of the department there is an electronic form for applying, you can fill it out, attach a photo, state the essence of the complaint.

The most efficient way to resolve the issue is the prosecutor’s office. There you need to write a statement in a simple written form.

And the most effective measure is, of course, the court. But it is also the longest way to solve the problem.

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