A new administrative provision of the Federal Antimonopoly Service of the Russian Federation (the “FAS”) has been introduced, under which the FAS will be authorised to conduct an audit in order to oversee adherence to legislation on advertising. An annual audit is planned, which will be agreed upon with the prosecutor’s office and will be announced on the official site of the FAS.
The provision strengthens the rights and obligations of those participating in an audit. An audit will last for 20 working days and, under extraordinary circumstances, it may be prolonged for no more than 10 working days. Unscheduled audits may occur, for example, when the FAS is directly informed of an infringement of advertising regulations.
When an audit is complete, the FAS may open a case on the violation of advertising legislation, or it could transfer the respective materials to the competent state authority.
Consequently, because the monitoring powers of the FAS have expanded, businesses are advised to look carefully for any possible infringements of the advertising legislation they may have committed.
[Order No. 360 of the Federal Antimonopoly Service of the Russian Federation “On Adopting the Administrative Provision of the Federal Antimonopoly Service on Fulfilling the State Function of Monitoring for Adherence to the Legislation on Advertising by Verifying Adherence to the Legislation of the Russian Federation on Advertising”, dated 4 June 2012]