THE GENESIS OF THE ADVERTISING LEGISLATION IN CONDITIONS OF LAWFUL STATE FORMATION IN MODERN RUSSIA: PECULIARITIES, PROBLEMS, PROSPECTS 

Baranova Marina Vladimirovna, Doctor of juridical sciences, professor, sub-department of state and law theory and history, Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia (3 Ankudinovskoye highway, Nizhny Novgorod, Russia), gazxsw1232007@yandex.ru

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10.21685/2072-3016-2016-4-10

Background. Advertising legislation at the present stage is a complicated, multifaceted, complex phenomenon, a permanent convertible in accordance with the modernization of social reality that requires a system of multilevel analysis. Legal regulation of the sphere of advertising business, as well as its implementation takes place in the teeming with innovative components, changing life of the modern state. The unique Russian culture, the legal culture, the national legal system, which has passed its complicated path of distinctive development, have a significant, profound impact on the process of communication in the legal field of the state. The aim of this work is to analyze the main semantic dominant rule of law in close connection with the system of regulatory statutes designed to regulate advertising activities, to consider norm-setting through the prism of existing laws of development of legal techniques of construction and content of legal regulation of advertising, to show current trends, promising to offer possible ways of overcoming the existing problems.
Materials and methods. The research goals were achieved through analyzing the legislation on advertising practices and the implementation of different actors of promotional activities in the formation of a legal state. The methodological basis of the study included the method of dialectical materialism, methods of analysis and synthesis, deduction and induction, comparative legal, formal logical, the method of legal modeling.
Results. The analysis of the genesis of the advertising legislation in formation of a legal state in the Russian Federation has allowed to determine the direction of future development of the legislation on advertising, associating it with “management of norm-setting”, making it possible to reach a legal compromise between various entities of advertising activity and to solve some major problems.
Conclusions. Studying various aspects of the transformation of the advertising legislation in formation of a legal state, searching for ways to build a unified management process will allow to positive influence such bipolar current trends as multilevel control, multiple constraints, preparation and consideration of views of the society, disturbance of the balance of “mutual responsibility” of subjects of advertising activities, the instability of the regulatory framework, the unsystematic nature of innovations and changes, as well as to influence their correlations with the semantic dominant of a legal state.

advertising, advertising law, legal state, rule-making, compromise, rulemaking management, restrictions, permission, target of advertising, advertiser, supervisory authority

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