Legal regulation of advertising (civil aspect)

Abstract

The article is devoted to the analysis of scientific approaches concerning the defenition of the concept of advertising. The peculiarities of state regulation of advertising are revealed. An analysis of the current Ukrainian legislation in this area has been carried out.In modern economic conditions, it is significant to determine the algorithm of introducing the business and the perspective of a particular enterprise (in order to improve the marketing company). This issue is caused by the fact that the analysis of the marketability of any scope of activity can be carried out with the help of a clearly defined strategy for the promotion of advertising. In other words, the choice of the most successful advertising option will increase competition among domestic enterprises and provide a chance to achieve the set strategic goals.In 2023, advertising can be described as an active influence on the market. The subject would be interested in advertising when there is an active setting up and encouragement of demand for a particular product or even service. Seeing as, the legal relations which regulate the provision of services, both production (material: production, storage, sale, consumption) and non-production (intangible: sale – simultaneous production and consumption), are now play a major role in the current civil law, in our case, a vivid example will be the placement of advertising. Wide distribution of advertising is carried out with the help of social networks, but the legislative adaptation of this issue is not sufficiently regulated nowadays. This issue in the civil sphere gives rise to numerous studies.With the purpose to ebhance the effectiveness of advertising management, from the point of view of civil law, the author presents the definition of the concept of advertising in the objective sense and the way the consumer interprets this phenomenon and the consequences of using advertising. Regulation at the legislative level of objects such as transactions carried out with the help of Internet advertising entities is not regulated (hence the question of the lack of control mechanisms and responsibility for the implementation of these transactions is arised). There is also a problem of the specifics of consumers’ civil protection who create this advertisement or use it (including objects of intellectual property in the field of advertising). The matter comes up about the development, as in the foreign legal system, of broad legal regulation of advertising on the Internet (in order to obtain a key business result and to protect the individualization of economic activity).The need for complementary regulation of such advertising relations on the Internet as a giveaway has been proven.The concept of the subject of an advertising contract, its classification and the customer’s rights to advertising have been justified.