Application Problems Of Commercial Speech Doctrine In CIS Countries: On The Example Of Russia And Uzbekistan

Abstract

This article analyzes the application of the Commercial Speech Doctrine in CIS countries such as Russian and Uzbekistan. The article shows that the commercial speech doctrine was implemented as a constitutional principle of information freedom; however Federal Advertising law of Russia gives priority to the public health rather than commercial speech protection. The article concludes that, in CIS countries, especially in Uzbekistan and Russia, the government interest to control commercial information flow has become superior to that of competitor and consumer interests. The presence of strict legal standards in those countries causes unreasonable government interference in free commercial speech of advertisers and restricts the flow of commercial information. Therefore, they are unnecessary and excessive to proper regulation of misleading advertising. Hence, the main principle of the commercial speech doctrine on the limitation of government intervention does not work in practice.