Научная статья на тему 'FEATURES OF THE STATE LEGAL REGULATION OF ADVERTISING ACTIVITY AT THE PRESENT STAGE'

FEATURES OF THE STATE LEGAL REGULATION OF ADVERTISING ACTIVITY AT THE PRESENT STAGE Текст научной статьи по специальности «Право»

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advertising / blogger / rational advertising / emotional advertising / inspirational advertising. / advertising / blogger / rational advertising / emotional advertising / inspirational advertising.

Аннотация научной статьи по праву, автор научной работы — Atalykova Gulzhazira

This article discusses the problems of legal regulation of advertising in Kazakhstan with the development of modern society, the increasing role of information and the impact of scientific and technological progress of the advertising market and advertising has changed. In particular, the social significance of this sphere has increased significantly. All this has led to the fact that it became necessary to study the features of advertising in the transformation of society. Innovative technologies play a special role in the development of advertising services. Due to the fact that innovative technologies have a leading synergetic effect, their implementation is often ahead of the regulation and regulation of the relevant sphere of social relations. Accordingly, the problems of regulation of the market of advertising services and advertising activities are associated with the imperfection of the legal field. Generally speaking, the influence of advertisement on the social activity of the population is controversial, because it not only stimulates the development of the economy and tertiary activity, but can also manipulate the public conscience and behavior. From this point of view the analysis of law as a social regulator of advertisement and advertising activity is of paramount importance for the given research.

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FEATURES OF THE STATE LEGAL REGULATION OF ADVERTISING ACTIVITY AT THE PRESENT STAGE

This article discusses the problems of legal regulation of advertising in Kazakhstan with the development of modern society, the increasing role of information and the impact of scientific and technological progress of the advertising market and advertising has changed. In particular, the social significance of this sphere has increased significantly. All this has led to the fact that it became necessary to study the features of advertising in the transformation of society. Innovative technologies play a special role in the development of advertising services. Due to the fact that innovative technologies have a leading synergetic effect, their implementation is often ahead of the regulation and regulation of the relevant sphere of social relations. Accordingly, the problems of regulation of the market of advertising services and advertising activities are associated with the imperfection of the legal field. Generally speaking, the influence of advertisement on the social activity of the population is controversial, because it not only stimulates the development of the economy and tertiary activity, but can also manipulate the public conscience and behavior. From this point of view the analysis of law as a social regulator of advertisement and advertising activity is of paramount importance for the given research.

Текст научной работы на тему «FEATURES OF THE STATE LEGAL REGULATION OF ADVERTISING ACTIVITY AT THE PRESENT STAGE»

Atalykova Gulzhazira,

Auezov South Kazakhstan State University,

PhD in Law Shymkent, Kazakhstan ORCID: 0000-0001-7939-4273 E-mail: zhazi_atalik@mail.ru

FEATURES OF THE STATE LEGAL REGULATION OF ADVERTISING ACTIVITY AT THE PRESENT STAGE

A R T I C L E I N F O

A B S T R A C T

Keywords:

advertising, blogger,

rational advertising,

emotional

advertising,

inspirational

advertising.

This article discusses the problems of legal regulation of advertising in Kazakhstan with the development of modern society, the increasing role of information and the impact of scientific and technological progress of the advertising market and advertising has changed. In particular, the social significance of this sphere has increased significantly. All this has led to the fact that it became necessary to study the features of advertising in the transformation of society. Innovative technologies play a special role in the development of advertising services. Due to the fact that innovative technologies have a leading synergetic effect, their implementation is often ahead of the regulation and regulation of the relevant sphere of social relations. Accordingly, the problems of regulation of the market of advertising services and advertising activities are associated with the imperfection of the legal field. Generally speaking, the influence of advertisement on the social activity of the population is controversial, because it not only stimulates the development of the economy and tertiary activity, but can also

manipulate the public conscience and behavior. From this point of view the analysis of law as a social regulator of advertisement and advertising activity is of paramount importance for the given research.

Introduction regard, it is necessary to pay

Currently, Kazakhstan is special attention to business

an equal member of the world development and the

market and part of the global development of innovative and

advertising industry. Advertising service sectors with the use of

is directly related to the social new technologies, as you know,

and economic situation of the one of the main ways to

state. Historically, close improve the welfare of the

economic, political and cultural population today is the

relations with the countries of development of small and

different religious medium-sized businesses. And

representatives, served as the the most powerful force that

basis for a flexible perception of drives business is advertising.

external phenomena in Advertising is a special sphere

Kazakhstan. These conditions of social activity. In the case

influenced the choice of where trade becomes a

direction, motivation of complex mechanism with a

domestic advertising. Ethnic, wide range of trades, basically

social and cultural diversity of a new means of

Kazakhstan has formed the communication, management,

international character of political, public, scientific and

advertising. creative activities are

In the address of the head independent. of state Nursultan Nazarbayev The model of formation

to the people of Kazakhstan and state regulation of the

dated October 5, 2018- «in advertising market of the

recent years, the processes of Republic of Kazakhstan was at

global political and economic the stage of transition to a

transformation have intensified. market economy and

The world is changing rapidly». democratization of the country. Speaking about the fact in this

The formation of advertising activities has caused the need to determine the legal scope of activities and legal regulation of social responsibility of advertising as a condition of harmonization of relations in society.

During the transition period of development of Kazakhstan, the development of advertising legislation was carried out in a very short time, as a reaction of government agencies to the conflicts.

The process has evolved from the concentration in legislation and regulations of private advertising, indirectly related to advertising activities, to the development of the basic law "on advertising". The initiative was "from above", that is, from the state.

At the same time, we note that in the modern world state regulation of the economy has become a permanent mechanism at the national and international levels. The free market system and the Directive economy were superior. They were replaced by a new management system that combines market and state management methods.

The state forms the legal basis for the functioning of the market system, provides the legal status of private enterprise, institutions and organizations of the state and non-state sector, represents and forms the norms of legal relations between enterprises, resource suppliers and consumers. On the basis of the legislation, the state will act as an arbitrator in the sphere of economic relations and use the power to determine the conditions of criminal and economic activity and apply appropriate sanctions.

The state will implement antitrust legislation to strengthen competition.

Experimental methods

Advertising market-

institutional structure,

mechanism of market economy goods and services are produced and advertised in a competitive environment; individual solutions and privileges are published and coordinated, with independent sellers and buyers of each product and resource. The emergence of the advertising market is a natural phenomenon, while the object

of state administration is the object of state and legal regulation.

State regulation in the field of investment in advertising is achieved through the creation of a broad legislative framework and the creation of a system of executive bodies at various levels exercising control. The practical implementation of legislation regulating the advertising market is possible only if there is a system of executive bodies directly involved in these functions.

The legislation of the Republic of Kazakhstan on advertising consists of the law "on advertising" and other laws adopted in accordance with it. Relations arising in the process of production, placement and distribution of advertising may also be regulated by decrees of the President of the Republic of Kazakhstan issued in accordance with this law, regulatory legal acts of federal executive bodies.

The formation and development of an effective advertising market requires the participation of the state, as the state of the institutional infrastructure significantly

determines the state of the environment in which the advertising industry operates. At the same time, the tasks of the state are to create legislative, economic, social and psychological conditions for a favorable competitive environment, to develop norms and rules for "Fair" practices in the advertising market and to form an effective mechanism for its regulation. In many ways, the state fully and consistently stimulates the production of investments in advertising, develops the social sphere, serves as the engine of its main task - the development of the market economy and its branches.

If we refer to the Law of the Republic of Kazakhstan "on advertising", adopted on December 19, 2003, the following definition is given in advertising: "advertising is information intended for an indefinite number of persons and intended to form or maintain interest in natural or legal persons, goods, trademarks, works, services and provided in any form, by any means to promote their implementation. The inflow of

foreign producers to the domestic market, the inflow of investments into the economy of Kazakhstan has caused various circumstances. Among them are positive factors for the country's economy: saturation of the market with quality products, improvement of the International economy,

introduction of new technologies, and development of business relations with other countries.

An important role in the advertising of Kazakhstan is played by foreign advertisers due to negative factors, to a greater extent the competitiveness of domestic products with foreign manufacturers. As a result, the values, culture and values of another country are fixed to the consumer.

For example: not all foreign products are healthy (gas drinks, crispy potatoes).

On July 1, 2016, in accordance with the new law of the Republic of Kazakhstan, a ban on the provision of commercial advertising on foreign channels broadcast on the territory of Kazakhstan was introduced. This is one of the

reasons when advertisers pay money for foreign TV channels, and advertising is listed in the Kazakh audience, but this does not bring financial benefits to the state. In addition, other values, as mentioned above, are held together.

Result and discussion

In general, advertising activity in Kazakhstan is developing dynamically and meets the requirements of the time. In our country, this industry can be globally behind the western countries, as Kazakhstan is one of the youngest and most novice managers of capitalism, but in technical terms, in the use of new equipment and materials, in the use of advertising methods, no less than from other countries. The following differences exist in the types of advertising messages:

according to the method of influence on the buyer;

□ by method of rendering;

□ on the main goal and sense;

□ in terms of consumer feedback advertising;

□ Advertising is divided into two ways to display messages:

□ rational;

□ emotional;

Rational (subject)

advertising is advertising aimed at the consciousness of the buyer. In order to convince the buyer to strengthen the influence obtained from the voiced words, he, giving arguments, conveys his opinion in the form of a word through a drawing.

Emotional (associative) advertising is something that is done by reminding something. He must move a deep thought. The most impressive of them are the images, background, color and melody with less level. Some ads are purely rational or only emotional. But in most advertising messages, there are often ads that consist of two different combinations.

On the part of the advertising production is divided into two types: "hard" and «soft».

"Hard" advertising is able to inspire on the part of his spirit. These ads have less periodic target.

They contribute to a speedy selling of goods transferred to each external

image ads by loud screaming reference the object.

The purpose of "soft" advertising is not only to inform about the product and its brand, but also to create a favorable environment around this product. It is usually an emotional advertisement that plays in symbolism in a deep motif. It gradually increases the interest of the regular customer to the product. It increases interest in domestic buying.

Advertising can be divided into the following types according to the main purpose and meaning:

Advertising in order to increase the prestige and interests of the industry in society or called «image advertising»;

□ inspirational advertising;

□ advertising within the company;

advertising to increase

sales;

□ advertising stored in memory;

□ comparative advertising;

□ excess advertising;

□ promotional advertising;

□ preventive advertising;

Image (video) advertising-

mainly aimed at creating a

positive image of the company and the buyer of goods to partners and buyers. It is dominated by confidence, performance, good customer desire, and stability.

Inspirational advertising is aimed at attracting buyers of the products of the name company.

Here great importance is attached to the approval of the main positive aspects of the products of this company, good quality in comparison with other goods and services. Constant advertising is aimed at informing partners and customers about the stability of the company, its reliable position in the market.

Advertising within the firm is aimed at awakening the trust of colleagues in their industry, a sense of close contact with their destiny. If every employee of the industry can make the necessary decisions for his work, treat it responsibly, the employees satisfy the work of the company and are suppliers of advertising of this company to the society. Tool for advertising within the company:

- firm newspaper;

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- good relations between managers and employees;

- many social benefits for employees.

- The main sphere of advertising and promotional activities in order to increase sales;

Memory-based advertising is the most aggressive type of advertising. The main problem is to convince the buyer to buy their goods and services, and not the goods, the activities of competitors.

Comparative advertising is a type of advertising that is stored in memory. It is based on comparison with the goods and services of competitors of goods and services. As you know, in many civilized countries there is a law prohibiting the direct testing of competing products or their manufacturers, but such ads still live.

Memorable advertising-advertising designed to memorize a regular customer of a registered product in the market or company and its characteristics.

Assertive or incremental advertising is a type of memorable advertising.

Advertising aimed at supporting the consumer who purchased the goods, the belief in the correctness of their choice. It stabilizes the user.

Preventive advertising is advertising, which, in turn, causes a large number of financial costs.

The purpose of such advertising companies is to destroy the position of competitors who are not able to spend a large amount on advertising services. It is clear that any advertising will consist of several types of advertising at the same time. A wide volume of advertising messages can be divided into two types in terms of feedback from the advertising consumer. They are associated with a specific advertising message carrier in the following cases:

- Feedback from advertising;

- Feedback with the advertiser;

Feedback from an advertising tool is a type of advertising, often personalized to the advertiser and directly suggesting their possible reactions. These types of advertising are provided in the

textbook separately. In this regard, you can contact your counterparty with the Russian Federation to re-issue you an invoice for the export made at the rate of zero percent."

Social advertising in Kazakhstan I want to speak separately about social advertising. Social advertising uses the same formats and places of communication as with the audience, but solves other issues. His goal is not money, but moral actions that are ready to go to improve human life, society and the world.

As we have already noted, there are many types of advertising in our country, the main ones are:

- Copper

- Outdoor advertising

- Printing advertising and others.

Media advertising is a type of advertising distributed through the media. This video advertising on TV, Ticker, radio, presses advertising. One of the largest Mass media in Kazakhstan is "region Media».

Outdoor advertising is a type of advertising visible on the streets and in settlements.

These are: roofing installations, electric boards, advertising boards, pillars, banners and signs made of different types of materials.

One of the most advanced and popular technologies in the modern world of external advertising are led lights ( Led screen). If ever a neon lamp was used as a light, now LEDs are used. They are designed for long-term use and are energy-saving. Diodes are used in advertising inscriptions, drawings, video boards. One of the best companies in Kazakhstan, which exposes diode advertising - "Foreign". In Aktobe region famous companies: "Led Center"," Korkem", "Asar". Printing advertising is one of the most effective ways of advertising. This includes printed products with all advertising content. These are leaflets, booklets, flyers, magazines, posters and more.

This industry is developing dynamically in Kazakhstan. For example: the spread of the flyer, which is never peculiar to our country, can be seen in the major trading houses of Kazakhstan, if they are found

only in the big cities of the world.

Internet advertising has been developing very dynamically over the past decades. Nowadays, the Internet is a production that is closely linked to human life. Internet is common not only on the computer, laptop, but also on mobile phones. Nowadays the share of Internet in mobile phone is much bigger than computer. This situation depends on the availability of the phone to each citizen. The above types of advertising are important in this area. In addition, at sporting events, it was possible to exhibit clothing of a certain brand in a hidden form, as well as at the gatherings of high-ranking officials, where there are certain types of drinks. Word of mouth-a type of advertising that is delivered from mouth to mouth (just-advertising delivered through the plexus), of course, something that is characteristic of humanity. There will also be advertising through

sponsorship.

Today, the authorities believe that the state funds should be distributed not to the

professional media sphere, but to bloggers. In this regard, the authorities today began to order and fund social networks, not the expert community or the media sphere, and, in particular, non-professional people in their field. In principle, the state should regulate only the professional sphere. This indicates that he was influenced by the network; he does not have his own view and cannot do an individual expert course. Indeed, you can competently use the funds. In particular, there are experts who believe that money will not lose to a blog post, but to a media publication for news. Bloggers in our country earn a lot of money by doing advertising on their sites, but the tax is not paid. In our opinion, it is necessary to amend the tax code of Kazakhstan and the law on advertising. For example, we believe that the tax code to engage in blogging activities should require private businesses to register with the department of justice. We consider it necessary to introduce a new article of the

definition «blogging advertising" into the law on advertising».

"In terms of education and political activity, the visual audience is typical for Facebook.

Facebook, in addition to effective government action, plays the role of tools in steam (steam) and lightning (lightning), allowing politically active citizens to express their objections. But it's like a double stick. Sharp and

uncompromising discussions in the social network have a false impact on people, participating in political processes and influencing public policy, they sit in the role of false ideas, thus forming a false civil society (ersatz). For this reason, social networks are most often used in the Park to manipulate public opinion."

Therefore, I would like to note that in our country there is no problem of legal regulation of the Internet space, the General nature prevails. It should be noted that for violations, preference was given to rapid control over the content of information published on websites, without obtaining records of individuals

in the social network. The state, Internet users and the provision of services must work together to develop regulatory measures that do not infringe on the freedom of public opinion and to create a system to protect children from harmful information on the Internet. Facebook, Instagram, networks are in the hands of monopolists, the state is very difficult to intervene. Advertising and profit in these networks are currently relevant. And the tax from it to the state is not provided at all. That is, it means that it is required to make changes to the law on advertising and the Tax code. In particular, Chapter 2-2 and 3 of article 11 of the law on Advertising" for outdoor (visual) advertising shall be charged in the manner and amounts established by the tax legislation of the Republic of Kazakhstan".

It should be noted that in accordance with subparagraph 1) of paragraph 1 of article 6 of the Law of the Republic of Kazakhstan of 23 January 2001 "on local state administration and self-government in the Republic of Kazakhstan", the

government of the Republic of Kazakhstan Of 21 may 2013 № 504 "on approval of the Model rules of social assistance, setting the size and definition of the list of certain categories of needy citizens".

The reasons for government intervention in the production and consumption of advertising services in the market processes are objective. State regulation is a system of legal, organizational and economic forms and methods of influence on market processes in order to protect the rights and interests of market participants. This is the main regulatory tool in the advertising market and ensures the interaction of its participants. State regulation is aimed at providing legal and economic conditions for the smooth functioning of market relations.

Advertising activity in the Republic of Kazakhstan is regulated by normative legal acts of legislative bodies of the state level. Currently, the basis of advertising in Kazakhstan is the Law of the Republic of Kazakhstan "on advertising" of 2003. The legislation" on

advertising» defines the legal space of advertising and regulates relations arising in the process of production, placement and distribution of advertising on the market of goods and services.

State regulation at the regional level, at the regional level, the control and supervisory functions in advertising are carried out by the city advertising committees. These institutions are branch bodies of executive authorities. In their activities, they are subject to federal legislation, decrees, regulations and orders, statutes of municipalities and other regulatory legal acts.

Conclusion

The nature and prospects of the discussion of the amendments to the law demonstrate the importance of the issue under consideration. Indeed, we can say that the current situation in the field of advertising is unstable. Today we have to admit that in Kazakhstan there is no uniform policy of regulation of the advertising market, uniform policy of regulation of advertising. In the future, it is

necessary to develop further steps aimed at developing the advertising market, improving legislation in the field of advertising, creating a competitive environment in the advertising market. The following conclusions were drawn:

1. study of the theoretical aspects of the development of advertising;

2. consideration of the dynamics of the advertising market in Kazakhstan;

3. analysis of the features of the Internet advertising market of the Republic of Kazakhstan at the present stage of development;

4. definition of the main issues of legal regulation of advertising activities;

5. determination of the effectiveness of state regulation of advertising activities in the Republic of Kazakhstan

6. provision of priority areas for addressing issues in the field of state regulation of advertising activities.

7. Make proposals to amend the legislation of the Republic of Kazakhstan on advertising.

References:

1. Zhukov, V. Sotsiologiya prava: istoriya, teoriya, metodologiya [Sociology of Law: History, Theory, methodology] State and law. Naukarus, 2013. 4, 32-33 pp.

2. Zvereva, E.A. Pravovoy rezhim informatsii v otnoshenii uchastiya sub"yektov khozyaystvovaniya [Legal regime of information in relation to the participation of business entities] materials of the scientific conference of graduate students. -Orenburg: Orenburg Institute (branch) of the O.E. University Kutafina (Moscow State Law Academy), 2017. P.580

3. Karyagin, A.V. Reklamno-propagandistskaya deyatel'nost' v rossiyskoy gosudarstvennosti: [Promotional activities in the Russian statehood] Istoriko-pravovoy aspekt. Yurist, 2009.

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