Bog'liq perehodnaya-model-konkurentsii-dlya-regulirovaniya-vvodyaschey-v-zabluzhdenie-reklamy-v-uzbekistane-alternativnyy-podhod
Review of law sciences (2020) 130-139
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improper advertising [12]. The Law on Advertising of the RF defines improper advertising as
unfair, unreliable, and false advertising, which violates the requirements on content, time, place
and manner of advertising [13]. Such legal definition of improper advertising enables the state to
interfere directly in commersial speeches of manufacturer and traders [14]. Unfortunately, the
Republic of Uzbekistan (RUz) has also developed its respective legislation by taking purposelesly
the most aspects of the legal framework of improper advertising from the Russian legislation
without understanding its economic and legal entails [15]. Similarly, the Commonwealth of
Independent States (the CIS) determines improper advertising the same way in the regional
agreement, which requires its harmonization in national legislations of member-states [16].
The problem statement of the research can be explained that Uzbek Competition law and
policy concerning misleading advertising is inefficient due to the ambiguity of legal framework,
insufficiency of legal standards, and lack of the collaborative interactive regulation.
Research questions: How Regulatory Law should adjust the advertising functions in a clear
way? What is the role and significance of Competition Policy on misleading advertising? How to
keep "golden balance" between consumers, competitors and government interests? What kind of
standards or evaluation criteria should be designed or redesigned to reach effective regulation of
misleading advertising? Why CIS countries chose improper advertising to deal with this problem?
What is the necessity of "deception standard" and "materiality" requirement, self-regulation and
flexible preventive remedies for proper evaluation of deception in advertising? What kind of
prerequisites should be taken into account for design and implementation of effective regulatory
system for misleading advertising in CIS countries with transition economies?
The hypothesis. Current Competition law and policy of Uzbekistan has applied Traditional
Competition Model towards misleading advertising by adding to it some elements of Effective
Competition Model without understanding its actual significance. The entire application of
Effective Competition Model to this problematic situation is also unreasonable due to the existing
specification of improper advertising in Uzbek market. Therefore, the research proposes to design
Transitional Competition Model as an alternative theoretical approach.