THE STATE CONTROL OVER ADVERTISING ACTIVITY AS A LEGAL FORM OF THE STATE REGULATION OF ADVERTISING ACTIVITY

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THE STATE CONTROL OVER ADVERTISING ACTIVITY AS A LEGAL FORM OF THE STATE REGULATION OF ADVERTISING ACTIVITY

Journal Title: Правовий часопис Донбасу - Year 2018, Vol 65, Issue 4

Abstract

The article examines the legal nature of the state control over advertising activity, analyzes the main types of relevant control and the system of the state bodies authorized to carry out monitoring in the field of advertising; the characteristic of the state control over advertising activity as a legal form of the state regulation of advertising activity has been given. It has been proven that the state control occupies an important place in the mechanism of the state regulation of advertising activity. The said control is defined as the activity, regulated by the law, of the state bodies aimed at the monitoring of the dissemination of advertising, as well as at the verification of the compliance by the parties to advertising relationships with the advertising legislation. Depending on the timing of conducting the state control over advertising activity, the preliminary, current and follow-up control is identified. The forms of the preliminary state control over advertising activity include: a permission to place outdoor advertising; approval of the permission for the placement of outdoor advertising by the relevant central or local executive power body responsible for the cultural heritage protection and by the body responsible for the engineering infrastructure. The current control is carried out directly during the performance of certain actions by the entities being controlled. The follow-up control is implemented in the form of inspections (scheduled, unscheduled, thematic and comprehensive ones) and requests for the information on the cost of advertising produced and being disseminated. One of the necessary elements of the state control mechanism is its structural and organizational form, viz. the system of state bodies empowered to implement that function of state administration. The shortcomings of the present-day legal and regulatory framework for the state control over advertising activity have been revealed, and the directions for their elimination have been proposed. The expediency of reforming the system of the bodies supervising compliance with the advertising legislation has been substantiated by providing control powers to the two principal bodies, viz. the Antimonopoly Committee of Ukraine (the equivalent of the Competition and Markets Authority in the UK and the Federal Trade Commission in the USA) and a newly established collegial executive power body for monitoring advertising. It has been proposed to introduce changes and amendments to the legislation of Ukraine with the purpose of further developing legal regulation of the relationships in the field of advertising.

Authors and Affiliations

Yuliia Hromenko

Keywords

advertising; advertising activity; state control; state regulation; legal regulation

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EP ID EP453985
DOI 10.32366/2523-4269-2018-65-4-98-104
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