LEGAL REGULATION OF UNFAIR ADVERTISING

The article is devoted to the study of the legal regulation of unfair advertising and its impact on society, as well as the justification of the main areas of improvement of the legal regulation of advertising. The definition of the category «unfair advertising» at the legislative level and in the scientific literature was analyzed. It is noted that the definition of unfair advertising established by the Law of Ukraine «On Advertising» is sufficiently broad and contains signs of various violations of the legislative requirements for advertising. The characteristic features of unfair advertising are generalized, which include inaccuracies, unreliability, ambiguities, exaggerations, concealment of the presence or absence of certain information provided by law, non-observance of the place, time, method of distribution of advertising, the negative consequences that such advertising causes for society and the state. The article analyzes the issue of responsibility for the distribution of dishonest or false information contained in advertising. The analysis of judicial practice indicates a unified position that unfair advertising can influence the consumer's decision to purchase the advertised products, give the seller/producer unfair advantages in business and penalize violators. The analysis of foreign experience indicates that the regulation of advertising activity and advertising requirements in the countries of the world is more strict, as evidenced by their judicial practice and the amount of fines awarded to violators. It is proposed to use the European experience in solving issues related to unfair advertising, with the aim of streamlining and improving the legislation in the field of advertising, as well as with the aim of protecting property and personal non-property rights of a person.