Advertising on the Internet – a civil aspect

The article considers the civil aspect of advertising on the Internet. The relevance of the topic is due to the fact that the constant development of the advertising sphere inevitably provokes the emergence of new ways of distributing advertising, for example, using the information and communication network Internet. The object of the study is a complex of social relations that arise when implementing advertising relations on the Internet. The subject of the study is the fulfillment of advertising obligations determined on the basis of legal regulation, which are implemented in the information and communication network. The methodological basis is general scientific methods of cognition of legal phenomena: analysis, synthesis, induction, deduction, systematicity, formal and legal method. It is noted that the private-legal nature of advertising legal relations on the Internet depends on public-legal regulation by the state, which determines the establishment of a special legal regime for advertising in the Internet space. A definition of advertising is proposed, which contains an indication of possible methods and forms of distributing relevant information using the Internet space. An additional essential feature of advertising activity is established - its creative component, which is present in the process of creating advertising and in the process of distribution on the Internet. This should be considered as an essential condition for the contractual regulation of relations in the field of Internet advertising. It is indicated that a system of legal regulation of Internet advertising relations has been defined for the advertising market: state regulatory regulation and contractual regulation, which organically complement each other within the framework of a single process of legal regulation. Due to the principle of freedom of civil law contract, it is proven that contractual regulation of advertising activity on the Internet is implemented in parallel, along with regulatory regulation. Contractual regulation is organized taking into account compliance with the principle of legality, supplementing regulatory regulation, due to the lack of clear legislative rules on the establishment of legal relations between subjects of Internet advertising legal relations.