RUSSIAN FEDERATION
LAW
ABOUT CONSUMER PROTECTION
(In the edition of Federal laws from 09.01.1996 N 2-FL
from 17.12.1999 N 212-FZ of 30.12.2001 N 196-FZ,
from 22.08.2004 N 122-FZ of 02.11.2004 N 127-FZ,
from 21.12.2004 N 171-FZ of 27.07.2006 N 140-FZ,
from 16.10.2006 N 160-FZ , of 25.11.2006 N 193-FZ ,
from 25.10.2007 N 234-FZ , of 23.07.2008 N 160-FZ ,
from 03.06.2009 N 121-FZ , of 23.11.2009 N 261-FZ ,
from 27.06.2011 N 162-FZ , of 18.07.2011 N 242-FZ ,
from 25.06.2012 N 93-FZ , of 28.07.2012 N 133-FZ )
(See Overview of the changes of this document)
This Law regulates the relations between consumers and producers, performers, importers and sellers in the sale of goods (work, services), establishes the rights of consumers to purchase goods (work, services) of good quality and safe for life, health, property and consumer environment, getting information about the goods (work, services) and their manufacturer (performer, seller), education, government and the public to protect their interests, and also determines the mechanism for the implementation of these rights.
(In the edition of Federal laws of 21.12.2004 N 171-FZ , of 25.10.2007 N 234-FZ )
(See the text in the previous edition )
The basic concepts used in this Act:
consumer - citizen with the intention to order or purchase or ordering, buying or using goods (work, services) solely for personal, family, household and other purposes not related to business activities;
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
manufacturer - the organization, regardless of its legal form, as well as an individual entrepreneur, producing goods for sale to consumers;
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
Artist - organization irrespective of its legal form, as well as an individual entrepreneur, performing work or providing services to consumers compensated contract;
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
seller - the organization, regardless of its legal form, as well as an individual entrepreneur selling products to consumers under a contract of sale;
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
Paragraph repealed. - Federal law from 21.12.2004 N 171-FZ;
(See the text in the previous edition)
lack of goods (work, services) - Inconsistency of goods (work, services), or the mandatory requirements provided by law or in the established order, or the terms of the contract (in their absence or incompleteness of conditions usually required conditions), or the purpose for which the goods (work , service) is usually used or the purposes for which the seller (performer) has been advised by the consumer at the conclusion of the contract, or the sample and (or) the description of the sale of goods on the model, and (or) the description;
(In the edition of Federal laws of 17.12.1999 N 212-FZ , of 25.10.2007 N 234-FZ )
(See the text in the previous edition )
significant drawback of goods (work, services) - a fatal defect or flaw that can not be removed without disproportionate cost or expense of time or repeatedly detected or seen again after its removal, or other similar defects;
(In the edition of Federal laws of 17.12.1999 N 212-FZ of 21.12.2004 N 171-FZ)
(See the text in the previous edition)
safety of goods (work, services) - the safety of goods (work, services) for life, health and property of the consumer and the environment under normal conditions of use, storage, transportation and disposal, as well as process safety performance of work (providing services);
authorized by the manufacturer (vendor) or organization authorized by the manufacturer (seller) of the individual entrepreneur (hereinafter - the authorized organization or authorized individual entrepreneur) - an organization which is carrying out a specific activity, or organization established on the territory of the Russian Federation by the manufacturer (vendor), including the foreign manufacturer ( foreign vendor) that perform specific functions on the basis of an agreement with the manufacturer (seller) and authorized them to accept and meet the requirements of consumers in respect of goods of inadequate quality or an individual entrepreneur registered in the territory of the Russian Federation, to perform certain functions on the basis of an agreement with the manufacturer (seller ), including with the foreign manufacturer (foreign vendor), and authorized them to accept and meet the requirements of consumers in respect of goods of inadequate quality;
(Paragraph added by Federal law from 21.12.2004 N 171-FZ)
importer - the organization irrespective of the legal form of a sole proprietorship or by importing goods for subsequent sale on the territory of the Russian Federation.
(Paragraph added by Federal law from 21.12.2004 N 171-FZ)
Chapter I. GENERAL PROVISIONS
Article 1. Legal regulation of relations in the field of consumer protection
1. Relations in the field of consumer protection are regulated by the Civil Code of the Russian Federation, this Law and other federal laws (hereinafter - the Law), and adopted in accordance with, other legal acts of the Russian Federation.
(Section 1, as amended. Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
2. The Government of the Russian Federation shall not be entitled to charge the federal bodies of executive power to adopt acts containing norms of consumer protection.
The Government of the Russian Federation shall have the right to publish for the consumer and the seller (manufacturer, artist, or an authorized organization authorized by an individual entrepreneur, importer) rules , required the negotiation and execution of public contracts (agreements retail sale, supply, contracts for the performance of work and the provision of services) .
(Paragraph added by Federal law from 21.12.2004 N 171-FZ)
Paragraph repealed from 1 August 2011. - Federal law from 18.07.2011 N 242-FZ.
(See the text in the previous edition )
Article 2. International treaties of the Russian Federation
If an international treaty of the Russian Federation establishes rules on consumer protection than those provided for in this Law, the rules of the international treaty.
Article 3. The consumer's right to education in the field of consumer protection
The consumer's right to education in the field of consumer protection is ensured by incorporating the relevant requirements of the state educational standards and educational and vocational programs, as well as through the organization of a system of information of consumers about their rights and about the necessary actions to protect these rights.
Section 4. The quality of goods (work, services)
1. The seller (executor) shall deliver to the consumer goods (work, to provide the service), the quality of which corresponds to the contract.
2. In the absence of the contract terms of the quality of goods (work, services), the seller (executor) shall deliver to the consumer goods (work, to provide the service), corresponding to the requirements and are usually suitable for the purpose for which the goods (work, service) is usually used .
(In the edition of Federal law from 25.10.2007 N 234-FZ)
(See the text in the previous edition )
3. If the seller (contractor) at the conclusion of the contract was made by the consumer aware of the specific purpose of purchasing goods (work, services), the seller (executor) shall deliver to the consumer goods (work, to provide the service), suitable for use in accordance with these objectives .
4. The sale of goods on the model, and (or) the description, the seller is obliged to deliver to the consumer a product that matches the pattern, and (or) the description.
5. If the laws or in the manner prescribed by them have mandatory requirements for goods (work, services), the seller (executor) shall deliver to the consumer goods (work, to provide the service), corresponding to the requirements.
(Item 5 in the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Article 5. The rights and obligations of the manufacturer (performer, seller) in the setting of life, the shelf life of a product (work), and the warranty period for goods (work)
1. For goods (work), intended for long term use, the manufacturer (executor) the right to establish the life - the period during which the manufacturer (executor) shall provide to the consumer the ability to use a product (work) to appoint and be responsible for the significant deficiencies in accordance with paragraph 6 Article 19 , paragraph 6 of Article 29 of this Law.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
2. The manufacturer (executor) shall determine the period of service of goods (work) durables , including components (parts, units, assemblies) that after a certain period can be life-threatening, consumer health, harm to his property or the environment.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
3. The service life of a product (work) can be calculated in units of time, as well as other units (kilometers, meters and other units on the basis of the functional purpose of product (result of work)).
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
On the procedure of establishing the shelf life of the goods listed in the fourth paragraph of Article 5 of this document, in connection with the requirements of the Federal Law of 27.12.2002 N 184-FZ "On Technical Regulation" see an Epidemiology of 07.03.2006 N 0100/2473-06 -32.
4. Food, perfumes, cosmetics, medicines, household products and other similar products (work) manufacturer (executor) shall determine the period of validity - the period after which the goods (work) is considered unsuitable for its intended use.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
5. Sale of goods (work) after the deadline date, as well as goods (work), which should be set shelf life, but it is not installed, is prohibited.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
6. The manufacturer (executor) shall have the right to install the goods (work) guarantee period - the period during which in the event of a product (work) lack manufacturer (executor), dealer, authorized organization or authorized individual entrepreneur, the importer must meet the requirements of the consumer, established by Articles 18 and 29 of this Act.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
The manufacturer has the right to accept liability for product defects discovered after the statutory warranty period, they (the additional obligation).
(Paragraph added by Federal law from 21.12.2004 N 171-FZ)
The content of the additional obligation of the manufacturer, the validity of such obligations and procedures for the consumer rights of that liability determined by the manufacturer.
(Paragraph added by Federal law from 21.12.2004 N 171-FZ)
7. Seller has the right to establish the warranty period for the goods, if it is not installed by the manufacturer.
Seller has the right to accept liability for product defects discovered after the warranty period specified by the manufacturer (additional commitment).
The content of the additional obligations of the seller, the validity of such obligations and procedures for consumer rights under such an obligation in the contract between the consumer and the seller.
(Paragraph 7 in the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
8. The manufacturer (seller) is responsible for defects in the goods discovered during the term of the additional obligations, in accordance with the second paragraph of paragraph 6 of Article 18 of this Law, and after the expiration of the additional obligation - in accordance with paragraph 5 of Article 19 of this Law.
(Item 8 was introduced by Federal law from 21.12.2004 N 171-FZ)
Article 6. The obligation of the manufacturer to ensure the ability to repair and maintenance of the product
The manufacturer must allow the use of the product throughout its life cycle. For this purpose, the manufacturer provides repair and maintenance of goods, as well as production and delivery of trade and repair organization for the repair and maintenance of the volume and variety of spare parts during the period of production of goods and after removing it from production during the life of the product, and in the absence of such a period for ten years from the date of transfer of the goods to the consumer.
Article 7. The consumer's right to security of goods (work, services)
1. The consumer has the right to have the goods (work, services) under normal conditions of use, storage, transportation and disposal was safe for life and health of the consumer, the environment, and does not cause harm to the consumer's property. Requirements that need to ensure the safety of goods (work, services) to the life and health of the consumer, the environment and the prevention of harm to the consumer's property are required and are established by law or in the established order.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
2. The manufacturer (executor) shall ensure the safety of product (s) for the intended service life or shelf life of a product (work).
If, in accordance with paragraph 1 of Article 5 of this Law manufacturer () is not set for goods (work) life span, he is obliged to ensure the safety of goods (work) within ten years from the date of delivery of goods (work) to the consumer.
Damage to life, health or property of the consumer as a result of failure to ensure safety of goods (work) shall be compensated in accordance with Article 14 of this Law.
3. If the safety of use of the goods (work, services), its storage, transportation and disposal must comply with the special rules (hereinafter - the Rules), the manufacturer (executor) shall specify the rules in the documentation accompanying the goods (work, services) on the label, labeling or otherwise, and the seller (performer) must bring these rules to the attention of the consumer.
On the issue concerning the application of paragraph 2 of Article 4, see letter from the State Standard of Russia 22.09.2000 N IK-110-19/3022.
4. If the goods (work, services) in law or established procedure set mandatory requirements to ensure their safety for human life, the health of consumers, the environment and to prevent harm to the consumer's property, conformity of the goods (work, services), these requirements are subject to mandatory confirmation, in order by the law and other regulations.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Not allowed sale of goods (work, services), including imported goods (work, services), no information about the mandatory confirmation of its compliance with the requirements specified in paragraph 1 of this Article.
(Clause 4 as amended. Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
5. If it is established that if the consumer of the rules of use, storage or transport of the goods (work) he causes or may cause harm to the life, health and property of the consumer, the environment, the manufacturer (the seller) is obliged to immediately suspend its production (sale) to eliminate cause harm, and, where necessary, take steps to withdraw it from circulation and review of consumer (s).
If the causes of damage can not be repaired, the manufacturer (executor) shall remove such goods (work, services) in production. Failure to manufacturer (executor) of this duty authorized federal executive body takes action to revoke such goods (work, services) from the domestic market and (or) from the consumer or consumers in accordance with the legislation of the Russian Federation.
(In the edition of Federal laws of 21.12.2004 N 171-FZ , of 18.07.2011 N 242-FZ )
(See the text in the previous edition )
Losses caused by the consumer in connection with the revocation of goods (work, services) shall be reimbursed by the manufacturer (performer) in full.
6. Abolished. - Federal law from 21.12.2004 N 171-FZ.
(See the text in the previous edition)
Article 8. The consumer's right to information of the manufacturer (performer, seller) and the goods (work, services)
1. The consumer has the right to require the provision of relevant and reliable information about the manufacturer (performer, seller), its mode of operation and sold them goods (work, services).
2. The information specified in paragraph 1 of this Article information in a clear and accessible way communicated to the consumer at the conclusion of sales contracts and agreements on the performance of work (rendering of services) methods adopted in some areas of customer service, in Russian, and in addition, at the discretion of the manufacturer (performer, seller), in the official languages of the Russian Federation and the native languages of the peoples of the Russian Federation.
Article 9. Information about the manufacturer (performer, seller)
1. The manufacturer (the seller) is obliged to inform the customer (name) of the organization, its location (address) and its mode of operation . The seller (executor) places this information on the sign.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
The manufacturer (performer, seller) - individual entrepreneur - must provide the consumer with information on state registration and registered the name of his body.
2. If the activity is carried out by the manufacturer (performer, seller), subject to licensing and (or) the performer has a state accreditation, to the attention of the consumer must be informed of the activities of a producer (executor, seller), license number and (or) the number of state Accreditation period of validity of the license and (or) evidence, as well as of the authority that issued the license, and (or) certification.
(Clause 2 as amended. Federal law from 16.10.2006 N 160-FZ)
(See the text in the previous edition )
3. The information provided for in paragraphs 1 and 2 of this Article shall be brought to the attention of consumers is also in the implementation of the trade, consumer and other types of customer service in temporary premises, fairs, with trays and in other cases, if the trade, consumer and other types of customer service carried out a permanent location of the seller (executor).
Article 10. Information about the goods (work, services)
1. The manufacturer (the seller) is obliged to give the consumer the necessary and accurate information about the goods (work, services), providing the possibility of a correct choice. For certain types of goods (work, services), and a list of ways to disseminate information to the consumer by the Russian Government.
2. Information about the goods (work, services) on a mandatory basis should contain:
name of technical regulation, or otherwise established by the legislation of the Russian Federation on technical regulation and certification mandatory confirmation of conformity of the goods description;
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
information about the basic properties of consumer goods (work, services) in respect of food information about the composition (including the name used in the manufacture of food supplements, dietary supplements, information about the presence in food ingredients derived from the use of genetically engineered or modified organisms, if the content of these organisms in such a component is more than nine tenths of a percent), nutritional value, purpose, conditions of use and storage of food, about how to make ready meals, weight (volume), date and place of manufacture and packaging (packaging) of food, as well as information on contraindications to their use in certain diseases. List of goods (work, services), details of which must contain the contraindications for their use in certain diseases, approved by the Government of the Russian Federation;
(In the edition of Federal laws of 21.12.2004 N 171-FZ , of 25.10.2007 N 234-FZ )
(See the text in the previous edition )
dollar price and conditions for the acquisition of goods (work, services), including the loan amount of the loan, the total amount payable by the consumer, and repayment of that amount;
(In the edition of Federal laws of 21.12.2004 N 171-FZ , of 25.10.2007 N 234-FZ )
(See the text in the previous edition )
warranty period, if installed;
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
terms and conditions of the efficient and safe use of the goods (work, services);
information on the energy efficiency of goods in respect of which the requirement for such information determined in accordance with the law on energy saving and energy efficiency;
(Paragraph added by Federal law from 23.11.2009 N 261-FZ)
service life or shelf life of products (work), established in accordance with this Act, as well as information on how to proceed after a user specified time and the possible consequences of non-compliance with such actions, if the goods (work) after the deadlines are a danger to life, health and property of the consumer, or are unsuitable for the intended use;
address (location), (name) of the manufacturer (performer, seller), the authorized organization or an authorized individual entrepreneur, importer;
(In the edition of Federal law from 25.10.2007 N 234-FZ)
(See the text in the previous edition )
information on mandatory conformity assessment of goods (work, services) specified in paragraph 4 of Article 7 of this Act;
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
information about the rules of the sale of goods (work, services);
reference to the specific person who will do the job (to provide service), and information about it, if it matters, on the basis of the nature of the work (service);
(Paragraph added by Federal law from 17.12.1999 N 212-FZ)
an indication of the use of phonograms in providing entertainment services performers of musical work.
(Paragraph added by Federal law from 17.12.1999 N 212-FZ)
If the goods purchased by the consumer was in use or has abolished by the lack of (flaws), the consumer must be provided with information about it.
3. The information provided for by paragraph 2 of this Article shall be brought to the attention of consumers in the documentation accompanying the goods (work, services) on the label, labeling, or otherwise taken for certain types of goods (work, services). Information about the mandatory confirmation of conformity of the goods is through the procedure as are established by the legislation of the Russian Federation on technical regulation, and includes information about the number of the document confirming such conformity, on the period of its validity and the organization that issued it.
(In the edition of Federal laws of 17.12.1999 N 212-FZ of 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Paragraph repealed. - Federal law from 21.12.2004 N 171-FZ.
(See the text in the previous edition)
Article 11. Mode of operation seller (executor)
1. Mode of operation of government and community organizations of trade, domestic and other types of customer service set by the decision accordingly executive bodies of subjects of the Russian Federation and local self-government.
2. Mode of operation of organizations operating in the fields of commercial, residential and other types of customer service and are not specified in paragraph 1 of this Article, as well as individual entrepreneurs determined by them.
3. Mode of operation seller (executor) shall be communicated to consumers and must comply with the established.
Article 12. The responsibility of the manufacturer (performer, seller) for improper information on a product (work, service)
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
1. If the consumer is not given the opportunity to receive immediately at the conclusion of the contract information on the goods (work, services), he is entitled to require the seller (contractor) compensation for damages caused by unreasonable deviation from the contract, if the contract is concluded, to a reasonable time to give up its execution and demand the return of the amount paid for the goods and compensation for other losses.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Upon cancellation of the performance of the contract the consumer must return the product (result of work, service, if possible by their nature) to the seller (executor).
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
(Section 1, as amended. Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
2. The seller (executor), do not provide the buyer with complete and accurate information on the goods (work, services) shall be liable under paragraphs 1 - 4 of Article 18 or paragraph 1 of Article 29 of this Law, for defects in the goods (work, services) arising after the transfer to the consumer as a result of his lack of such information.
(Section 2, introduced by Federal law from 17.12.1999 N 212-FZ)
3. When damage to life, health and property of the consumer as a result of his failure to provide complete and accurate information on the goods (work, services) the consumer has the right to demand compensation for such damages as provided in Article 14 of this Law, including full compensation for losses caused by natural objects in in the property (ownership) of the consumer.
(Section 3, introduced by Federal law from 17.12.1999 N 212-FZ)
4. In considering the requirements of the customer for damages caused by inaccurate or insufficient information on the goods (work, services), it is necessary to proceed from the assumption that the absence of the consumer of special knowledge about the properties and characteristics of the goods (work, services).
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
Article 13. The responsibility of the manufacturer (performer, seller, an authorized organization or an authorized individual entrepreneur, importer) for violation of the rights of consumers
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
1. For violation of the rights of consumers manufacturer (performer, seller, an authorized organization or an authorized individual entrepreneur, importer) is liable under law or contract.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
2. Unless otherwise provided by law, the damages caused to the consumer, shall be reimbursed in full in addition to the penalty (fine), established by law or contract.
(Clause 2 as amended. Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
3. Payment of penalties (fines) and compensation for damages not exempt the manufacturer (performer, seller, the authorized organization or an authorized individual entrepreneur, importer) to fulfill his obligation in kind to the consumer.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
4. The manufacturer (performer, seller, an authorized organization or authorized individual entrepreneur, the importer) is released from liability for failure to fulfill obligations, or for the improper performance of obligations if he proves that the failure to fulfill obligations or improper performance was due to force majeure, as well as on other grounds provided by law .
(In the edition of Federal laws of 17.12.1999 N 212-FZ of 21.12.2004 N 171-FZ)
(See the text in the previous edition)
5. The consumer's demands for payment of the penalty (fine) as provided by law or contract, subject to the satisfaction of the manufacturer (performer, seller, an authorized organization or an individual authorized by the owner, importer) on a voluntary basis.
(In the edition of Federal laws of 17.12.1999 N 212-FZ of 21.12.2004 N 171-FZ)
(See the text in the previous edition)
6. In meeting the requirements of the consumer tribunal established by law, the court shall recover from the manufacturer (performer, seller, an authorized organization or an authorized individual entrepreneur, importer) for failure to comply on a voluntary basis to meet customer requirements fine of fifty percent of the amount awarded by the court in favor of the consumer.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
If a statement in defense of the rights of a consumer advocate consumer associations (associations, unions) or local authorities, fifty percent of the fines collected are listed above associations (associations, unions) or organs.
Consultant: the note.
On compensation for damage caused as a result of deficiencies of goods, work or services see also paragraph 3 of Chapter 59 of the Civil Code.
Article 14. Property liability for damage caused as a result of defects in the goods (work, services)
1. Damage to life, health or property of the consumer because of design, production, prescription, or other defects in the goods (work, services) shall be reimbursed in full.
2. The right to claim compensation for the harm caused by defects in the goods (work, services), is recognized for any victim, regardless of whether he was in a contractual relationship with the seller (executor) or not.
3. Damage to life, health or property of the consumer, is refundable if the damage is caused during the expected service life or shelf life of a product (work).
If the goods (performance) must be installed in accordance with paragraphs 2, 4, Article 5 of this Act or the life of the shelf life, but it is not installed, or if the consumer has not been given full and accurate information on the life or expiration date, or the consumer was not informed about the necessary actions at the end of life or expiration date, and the possible consequences of non-compliance with such actions or product (performance) at the end of these terms is a danger to life and health, harm-refundable regardless of the time of such damage.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
If, in accordance with paragraph 1 of Article 5 of this Law manufacturer () is not set for goods (work) life time, the damage is refundable in the event of such damage within ten years from the date of delivery of goods (work) to the consumer, and if the day of the transfer can not be determined from the date of manufacture of the goods (the end of the work).
Damage is the result of defects in goods shall be compensated by the seller or manufacturer of the goods on the victim's choice.
Damage is the result of deficiencies or services shall be reimbursed by the Executive.
4. The manufacturer (executor) is responsible for the damage to life, health or property of the consumer in connection with the use of materials, equipment, tools and other resources required for the production of goods (work, services), regardless of whether allowed level of scientific and technical knowledge to identify their particular properties or not.
5. The manufacturer (the seller) is released from liability if he proves that the damage caused by force majeure or violation by the consumer of the rules of use, storage or transport of goods (work, services).
Consultant: the note.
On the non-pecuniary damage, see also paragraph 4 of Chapter 59 of the Civil Code.
Article 15. Non-pecuniary damage
Non-pecuniary damage caused to the user as a result of violation by the manufacturer (performer, seller, an authorized organization or an individual authorized by the owner, importer) the consumer's rights under the laws and regulations of the Russian Federation regulating relations in the field of consumer protection, the tortfeasor is subject to compensation if his guilt. The amount of compensation for moral damage is determined by the court and not on the amount of compensation for property damage.
(In the edition of Federal laws of 17.12.1999 N 212-FZ of 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Compensation for moral damage compensation independently of the property damage and losses incurred by the consumer.
Article 16. The invalidity of the contract, limiting consumer rights
1. Terms of the contract, which infringe the rights of consumers as compared to the rules established by the laws or regulations of the Russian Federation in the field of consumer protection, are repealed.
If the performance of the contract, infringes on the rights of consumers, he had losses, they shall be reimbursed by the manufacturer (performer, seller) in full.
2. Prohibited from determining the purchase of some goods (work, services) must purchase other goods (work, services). Damages caused to the consumer because of a violation of his right to free choice of goods (work, services) shall be reimbursed by the seller (executor) in full.
Prohibited from determining the satisfaction of customer requirements imposed during the warranty period, conditions which are associated with defects of the goods (work, services).
(Paragraph added by Federal law from 21.12.2004 N 171-FZ)
3. The seller (executor) shall not, without the consent of the consumer to carry out additional work or services for a fee. The consumer has the right to refuse to pay for such work (services), and if they are paid, the consumer may require the seller (contractor) refund given.
(Clause 3 as amended. Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
Article 17. Consumers' remedy
1. Consumer protection by the courts.
2. Claims on consumer protection can be claimed by the plaintiff's choice in the court of the place:
of the organization, and if the defendant is an individual entrepreneur - his residence;
residence or the residence of the plaintiff;
conclusion or performance of a contract.
If a claim arises from the organization of the activities of its branch or representative office, it can be brought to the court at the location of its branch or representative office.
(Clause 2 as amended. Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
3. Consumers, other plaintiffs in lawsuits related to the violation of the rights of consumers are exempted from payment of the fee in accordance with the laws of the Russian Federation on taxes and fees.
(Clause 3 as amended. Federal law from 18.07.2011 N 242-FZ)
(See the text in the previous edition )
Chapter II. CONSUMER PROTECTION FOR SALE
Consumer goods
Article 18. Consumer rights in case of detection of product defects
(In the edition of Federal law from 25.10.2007 N 234-FZ)
(See the text in the previous edition )
1. Consumer in the event of defects in the goods, if they were not specified by the seller, at its discretion:
require the replacement of the goods of the same brand (the same model, and (or) type);
require the replacement of the same product of different brand (model) with a corresponding recalculation of the purchase price;
demand a proportionate reduction of the purchase price;
demand the immediate elimination of the defects of goods or refund the cost of correcting them by the consumer or a third party;
withdraw from the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and the consumer's expense should return the product with defects.
In this case, the consumer is also entitled to demand full compensation for loss caused to him by the sale of goods of inadequate quality. Damages are compensated in terms established by this Law to meet the relevant requirements of the consumer.
In a technically complex consumer goods in the event of detection of flaws in it has the right to withdraw from the contract of sale and demand the return of the consideration paid for such a product sum or to make a claim for a replacement of the goods of the same brand (model) or on the same product of another brand (model) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer to the consumer of such goods. After this period, these requirements shall be met in one of the following cases:
detection of a significant shortage of goods;
violation of the present Law timing deficiencies goods;
inability to use the product for each year of the warranty period, in the aggregate more than thirty days as a result of the repeated removal of its various shortcomings.
The list of technically sophisticated products approved by the Government of the Russian Federation.
(Section 1, as amended. Federal law from 25.10.2007 N 234-FZ)
(See the text in the previous edition )
2. The requirements set out in paragraph 1 of this Article, imposed by the consumer or the seller of the authorized organization or an individual authorized by the owner.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
3. The consumer is entitled to make a claim referred to in paragraphs two and the fifth paragraph 1 of this Article, the manufacturer, the authorized organization or an authorized individual businessman, the importer.
(In the edition of Federal laws of 21.12.2004 N 171-FZ , of 25.10.2007 N 234-FZ )
(See the text in the previous edition )
Instead of presenting these requirements the consumer is entitled returned to the manufacturer or importer of the goods of inadequate quality and demand the return of the amount paid for it.
(In the edition of Federal law from 25.10.2007 N 234-FZ)
(See the text in the previous edition )
4. Abolished. - Federal law from 25.10.2007 N 234-FZ.
(See the text in the previous edition )
5. The lack of consumer cash or sales receipt or other document attesting to the fact and conditions of purchase, not a ground for refusal of his demands.
The seller (manufacturer), the authorized organization or authorized individual entrepreneur, the importer must take the goods of inadequate quality to the consumer and, if necessary, to verify the quality of goods. The consumer has the right to participate in quality goods.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
In the event of a dispute about the causes of defects in the goods the seller (manufacturer), the authorized organization or authorized individual entrepreneur, the importer must make an examination of goods for its own account. Examination of goods is carried out within the time prescribed in Articles 20 , 21 and 22 of this Law to meet the relevant requirements of the consumer. The consumer has the right to be present during the examination of the goods and in case of disagreement with its results challenge the conclusion of such examination in court.
(In the edition of Federal law from 25.10.2007 N 234-FZ)
(See the text in the previous edition )
If the examination of the goods is established that its shortcomings have arisen as a result of circumstances for which does not meet the seller (manufacturer), the consumer is obliged to compensate the seller (manufacturer), the authorized organization or an authorized individual entrepreneur, importer costs of the examination and come from it the costs of storage and transportation of goods.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
(Item 5 in the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
6. The seller (manufacturer), the authorized organization or authorized individual entrepreneur, the importer is responsible for defects in the goods, which is not the warranty period, if the consumer can prove that they have to transfer the goods to the consumer or for reasons that have arisen so far.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
With respect to goods for which the warranty period, the seller (manufacturer), the authorized organization or authorized individual entrepreneur, the importer is responsible for defects in the goods, unless it is proved that they arose after the transfer of goods to the consumer as a result of violations of the rules of consumer use, storage or transport of the goods, actions of third parties or force majeure.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
(Paragraph 6 was introduced by the Federal Law of 17.12.1999 N 212-FZ)
7. Delivery of bulky goods and goods weighing more than five pounds for repairs, write-downs, replacement and (or) refund to the consumer carried out by and for the account of the seller (manufacturer, the authorized organization or an authorized individual entrepreneur, importer). In case of default of this obligation, as well as the absence of the seller (manufacturer, the authorized organization or an authorized individual entrepreneur, importer) at the place of delivery and the consumer (or) the return of goods can be carried out by the consumer. In this case, the seller (manufacturer, the authorized organization or authorized individual entrepreneur, the importer) is required to compensate the consumer costs associated with delivery and (or) the return of goods.
(Paragraph 7 in the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Article 19. Time limits for the customer requirements of product defects
1. The consumer has the right to present a stipulated in Article 18 of this Act requirements to the seller (manufacturer, the authorized organization or an authorized individual businessman, the importer) in respect of defects in the goods if they are discovered during the warranty period or shelf life.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
With respect to goods for which the warranty periods or expiration dates are not set, the consumer is entitled to present these requirements, if the defects of the goods found within a reasonable time, but within two years from the date of their transfer to the consumer, unless a longer period is provided by law or contract.
(Section 1, as amended. Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
2. Warranty period of the goods and the service life is calculated from the date of transfer of the goods to the consumer, unless otherwise provided by contract. If the day of the transfer can not be established, these periods shall run from the date of manufacture of the goods.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
For seasonal goods (shoes, clothes and other), these periods shall run from the date of occurrence of the season, the period of the onset of which is determined according to the subjects of the Russian Federation on the basis of the climatic conditions of the location of customers.
When selling products on samples by mail, as well as in cases where the time of the contract of sale and the time of delivery of the goods to the consumer are not the same, these periods shall run from the date of delivery of the goods to the consumer. If the consumer is unable to use the product as a result of circumstances independent of the seller (in particular, the product requires special installation, connection or assembly, it has shortcomings), the warranty period does not run until the seller of such circumstances. If the day of delivery, installation, wiring, assembly of goods, depending on the seller eliminate the situation for which the consumer can not use the product for its intended purpose, can not be determined, these periods shall run from the date of conclusion of the contract of sale.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
Paragraph deleted. - Federal law from 17.12.1999 N 212-FZ.
(See the text in the previous edition)
The shelf life of a commodity is determined period computed from the date of manufacture of goods for which it is suitable for use, or the date before which the goods are suitable for use.
Length of life of the goods must comply with the mandatory requirements for product safety.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
3. Warranty periods may be placed on component parts and components of the underlying commodity. Warranty periods for component parts and components shall be calculated in the same manner as that of the warranty period for the underlying commodity.
Warranty periods for component parts and components of the product are considered equal to the guarantee period for the basic product, unless otherwise provided by the contract. If on completing product and integral part of the goods in the contract is guaranteed for a shorter duration than the warranty period for the basic product, the consumer has the right to present claims concerning defects of components and an integral part of the goods when they are detected during the warranty period for the main product, unless otherwise provided by contract.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
If completing product is guaranteed for a longer duration than the warranty period for the main product, the consumer is entitled to make a claim in respect of defects in the goods, provided that the deficiencies found in completing product during the warranty period for your product, regardless of the expiration of the warranty period for the main product.
4. The terms specified in this Article shall be communicated to the consumer in the product information provided by the consumer in accordance with Article 10 of this Law.
5. In cases where the warranty period stipulated in the contract is less than two years, and found defects in the goods by the consumer after the warranty period, but within two years, the consumer has the right to present to the seller (manufacturer) requirements provided for in Article 18 of this Act, if he proves that any defects in the goods prior to its transmission to the consumer or for reasons arising before this moment.
(Clause 5 was introduced by Federal law from 17.12.1999 N 212-FZ)
6. In case of significant deficiencies goods consumer has the right to present manufacturer (or authorized organization authorized by the individual entrepreneur, the importer) requiring free elimination of such deficiencies, if they prove that they arose before the transfer of goods to the consumer or for reasons that have arisen so far. The above requirement may be charged if the defects of the goods found at the end of two years from the date of transfer of the goods to the consumer, within the prescribed period for the goods or services for ten years from the date of transfer of the goods to the consumer in the event of failure to identify the life cycle. If this requirement is not satisfied within twenty days from the date of the claim by the consumer or found it is a fatal flaw product, the consumer may choose to submit manufacturer (or authorized organization authorized by the individual entrepreneur, the importer) other information provided by paragraph 3 of Article 18 of this Act, or the requirements to return product manufacturer (or authorized organization authorized by the individual entrepreneur, the importer) and request a refund of the sum of money.
(Item 6 in the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Article 20. Rectification of the product by the manufacturer (seller or an authorized organization or an individual authorized by the owner, importer)
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
1. If the period does not eliminate the defects of the goods specified in writing by the Parties, these shortcomings must be rectified by the manufacturer (seller or an authorized organization or an individual authorized by the owner, importer) immediately, and that is the minimum time needed to objectively address them with the commonly used method. Timeline for defects in the goods, determined in writing by the parties' agreement may not exceed forty-five days.
If during the removal of product defects become obvious that they are fixed in a certain period agreed by the parties, the parties may enter into an agreement for a new term remedy deficiencies goods. There is no need to eliminate the defects of the good parts (parts, materials), equipment, or similar reasons are not the basis for an agreement on such a new term and are not exempt from liability for breach of the term determined by agreement initially.
(Section 1, as amended. Federal law from 25.10.2007 N 234-FZ)
(See the text in the previous edition )
2. In the durable goods manufacturer, dealer or an authorized organization or authorized individual entrepreneur must, upon presentation by the consumer of this requirement within three days to donate to the consumer at the time of repair of durable goods, which has the same basic consumer properties, ensuring delivery at your expense. List of durable goods use to which this requirement does not apply, established by the Government of the Russian Federation.
(In the edition of Federal laws of 17.12.1999 N 212-FZ of 21.12.2004 N 171-FZ , of 25.10.2007 N 234-FZ )
(See the text in the previous edition )
3. In the case of deficiencies product warranty period is extended to it by the period during which the product was not used. The specified period is calculated from the date of the consumer with the requirement to rectify defects in the goods until the day of his extradition after repairs. When issuing the product manufacturer (seller, an authorized organization or an authorized individual entrepreneur, importer) must provide in writing to the consumer information about the date of reference of the consumer with the requirement to rectify them found defects in the goods on the date of transfer of the goods by the consumer to eliminate the defects of the goods, the date of deficiencies goods with their description, about the used spare parts (parts, materials), and the date of delivery of the goods to the consumer after the elimination of defects in the goods.
(In the edition of Federal law from 25.10.2007 N 234-FZ)
(See the text in the previous edition )
4. In removing the defects of the goods by replacing the component or part of the basic product for which the warranty period, with new components or component part of the basic product set warranty period of the same duration as that of the replaced components or component part of the basic product, unless otherwise provided by the contract, and the warranty period is calculated from the date of issuance of the user of this product after repair.
(Clause 4 as amended. Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
Article 21. Replacement of goods of inadequate quality
1. In the case of consumer goods and the shortcomings of the request for a replacement seller (manufacturer, the authorized organization or authorized individual entrepreneur, the importer) is required to replace such goods within seven days from the date of such request by the consumer, and if necessary, additional quality check of the goods by the seller ( the manufacturer, the authorized organization or an individual authorized by the owner, importer) - within twenty days from the date of such request.
If the seller (manufacturer, the authorized organization or an authorized individual entrepreneur, importer) at the time of the request is not necessary to replace the product, the replacement must be made within one month from the date of such request.
In the Far North and equivalent areas consumer demand for substitute goods should be granted on his application within the time period required for the next delivery of the relevant goods in these areas, in the absence of the seller (manufacturer, the authorized organization or an authorized individual entrepreneur, importer) required for the replacement of the goods on the date of such request.
If you want to replace the product for more than seven days, at the request of the consumer seller (manufacturer or authorized organization or authorized individual entrepreneur) within three days of the request for substitute goods is obliged to provide to the consumer free of charge for temporary use during the replacement of durable goods having these same basic consumer properties, ensuring its delivery at your expense. This rule does not apply to goods, a list of which is determined in accordance with paragraph 2 of Article 20 of this Law.
(In the edition of Federal laws of 21.12.2004 N 171-FZ , of 25.10.2007 N 234-FZ )
(See the text in the previous edition )
2. Goods of inadequate quality should be replaced with a new product, that is, goods, second-hand.
When replacing the product warranty period shall be calculated from the date of transfer of the goods to the consumer.
Article 22. Terms meet individual customer requirements
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Customer requirements for proportional reduction of the purchase price, reimbursement for correction of defects by the consumer or a third person, the return of the money paid for the goods amount, as well as a claim for compensation of damages caused by the sale of consumer goods of inadequate quality or inadequate provision of information about the product, subject to the satisfaction the seller (manufacturer, the authorized organization or an individual authorized by the owner, importer) within ten days from the date of request.
(In the edition of Federal law from 25.10.2007 N 234-FZ)
(See the text in the previous edition )
Article 23. Liability of the seller (manufacturer, the authorized organization or an authorized individual entrepreneur, importer) for delay in execution of customer requirements
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
1. For violation under Articles 20, 21 and 22 of this Act deadlines and for failing (delay implementation) customer requirements to grant him during repair (replacement) of a similar product, the seller (manufacturer, the authorized organization or an authorized individual entrepreneur, importer), who allowed such breach, the consumer shall pay for each day of delay penalty (fine) at a rate of one per cent of the price of goods.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Product price is determined on the basis of its price, which existed at the place where the consumer's demand had to be satisfied by the seller (manufacturer, the authorized organization or an individual authorized by the owner, importer), the day is satisfied voluntarily or on the day of judgment, if requirement is not satisfied voluntarily.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
2. In case of failure to comply with the consumer within the time stipulated in Articles 20 - 22 of this Act, the consumer may opt to submit other requirements established in Article 18 of this Law.
Article 23.1. Consequences of the violation by the seller of the surrender of a prepaid product to the consumer
(The federal law from 25.10.2007 N 234-FZ)
1. Purchase and Sale Agreement providing for the obligation to pay in advance the consumer goods shall include the condition of the date of delivery of goods to the consumer.
2. If the seller has received the amount of the advance payment in a specific sales contract amount not fulfilled the obligation to transfer the goods to the consumer within a reasonable period of such a contract, the consumer may choose to require:
transfer paid goods within a specified new term;
refund of pre-paid goods are not sent to the seller.
In this case, the consumer is also entitled to demand full compensation of damages caused to him as a result of violation of the contract of sale of the surrender of a prepaid product.
3. In case of violation of the contract of sale of the surrender of a prepaid consumer goods seller pays him for each day of delay (penalty) at the rate of half a percent of the amount of the advance payment of goods.
Penalty (penalty) shall be recovered from the day when the contract of sale the transfer of goods to the consumer should have been made before the date of delivery of goods to the consumer or to meet the requirements of the consumer days to return them to him pre-paid amount.
Amount was collected by the consumer of the penalty (fine) may not exceed the amount of advance payment for the goods.
4. The consumer's demands for the return of the amount paid for the goods and the full damages are to be satisfied by the seller within ten days from the date of request.
5. Customer requirements, established by paragraph 2 of this Article shall not be satisfied if the seller proves that the violation of terms of transfer to the consumer pre-paid goods was due to force majeure or the fault of the consumer.
Article 24. Calculations with the consumer in case of acquisition of goods of inadequate quality
1. When replacing the goods of improper quality of the goods of the same brand (the same model, and (or) type) conversion price of the product is not made.
(In the edition of Federal law from 25.10.2007 N 234-FZ)
(See the text in the previous edition )
2. When replacing the goods of inadequate quality for the same product a different brand (model) if the price of the goods to be replaced below the price of goods supplied in exchange, the consumer must pay the difference in price, if the price of the goods to be replaced above the price of the goods supplied in exchange, the price difference is paid to the consumer. Price subject to change, is determined at the time of its replacement, and if the demand of the consumer is not satisfied with the seller, the price of substitute goods and the price of the goods transferred in return determined at the time of the court's decision to replace the goods.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
3. In the case of a presentation by the consumer demands for proportional reduction of the purchase price in the calculation of the price of goods at the time of presentation of the consumer demands for markdown or if it is not satisfied voluntarily, at the time of the court's decision on the proportional reduction of the purchase price.
(Clause 3 as amended. Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
4. When returning goods of inadequate quality consumer has the right to claim the difference between the price of the goods specified in the contract, and the price of the relevant product at the moment is satisfied voluntarily, or if the request is not satisfied voluntarily, at the time of the court's decision.
(Item 4 was introduced by Federal law from 17.12.1999 N 212-FZ, as amended. Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
5. In case of return of goods of inadequate quality, sold on credit, the consumer returns paid for the good amount of money in the amount repaid to the day of the return of this product credit, and refundable fee for the loan.
(Item 5 in the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Article 25. Consumer's right to exchange goods of good quality
1. The consumer has the right to exchange food appropriate quality for a similar product from a seller who purchased this product, if such goods came in form, size, style, a coloring, size or configuration.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
The consumer has the right to exchange the food of appropriate quality for fourteen days, excluding the day of purchase.
Sharing food of appropriate quality out if the specified goods were not in use, its marketability, consumer properties, seals, factory labels, as well as a sales receipt or sales slip or other proof of payment of this product document. The lack of consumer sales slip or sales receipt or other document confirming the payment of the goods does not preclude him from relying on the testimony.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
The list of goods that are not subject to exchange on the grounds specified in this Article shall be approved by the Government of the Russian Federation.
2. If the same item is not for sale on the same day the consumer to the seller, the consumer has the right to withdraw from the contract of sale and demand the return of the consideration paid for the specified goods amount of money. The consumer's demand for the return of the consideration paid for the specified goods shall be subject to the satisfaction of the amount of money within three days of the return of this product.
Under an agreement with the seller of consumer goods exchange can be provided when you receive a similar product on the market. Seller shall promptly inform the consumer about the admission of similar goods on sale.
(Clause 2 as amended. Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Article 26. No longer in force. - Federal law from 25.10.2007 N 234-FZ.
(See the text in the previous edition )
Article 26.1. Remote method of sale of goods
(The federal law from 21.12.2004 N 171-FZ)
1. A retail sales can be concluded on the basis of acquaintance with the proposed Consumer Product Description by means of catalogs, brochures, booklets, photographs, communications (television, mail, radio, etc.) or other excluding the possibility of direct acquaintance with the goods or consumer goods in the sample such a treaty (remote method of selling goods) ways.
(In the edition of Federal law from 25.10.2007 N 234-FZ)
(See the text in the previous edition )
2. Seller before the contract is to be provided to the consumer information about the basic properties of consumer goods on the address (location) of the seller, the place of manufacture of the goods, the full company name (name) of the seller (manufacturer), the price and the conditions of purchase of the goods, his delivery, service life, term life and warranty period, the procedure for payment of the goods, as well as about the time period during which a proposal for concluding a contract.
3. The consumer at the time of delivery of the goods must be in writing, information is provided about the product, provided for in Article 10 of this Law, as well as provided for by paragraph 4 of this Section on the order and timing of the return of the goods.
4. The consumer has the right to reject the goods at any time before the transfer and after the transfer of the goods - within seven days.
If the information about the order and timing of the return of the goods of good quality has not been given in writing at the time of delivery of the goods, the consumer has the right to reject the goods within three months from the date of delivery of goods.
Return of goods of good quality is possible if its trade, consumer properties, as well as proof of the fact and terms of purchase of said goods. The absence of the consumer of the document confirming the fact and conditions of purchase, does not preclude him from relying on other evidence of purchase of the goods from the seller.
The consumer is not entitled to reject the goods of good quality, having individual-specific properties, if the specified goods may be used only by the consumer purchasing it.
In case of refusal of the consumer goods the seller must return to him a sum of money paid by the consumer under the contract, excluding the cost of shipping from the seller consumer merchandise returned, not later than ten days from the date of the relevant requirements of the customer.
5. Consequences of selling goods of inadequate quality remote way of selling goods is established by the provisions laid down in Articles 18 - 24 of this Law.
Article 26.2. Terms of the sale of certain goods
(The federal law from 18.07.2011 N 242-FZ)
Terms of the sale of certain goods shall be established by the Government of the Russian Federation.
Chapter III. CONSUMER PROTECTION IN THE IMPLEMENTATION
work (services)
Article 27. Turnaround time (services)
1. The Contractor shall be obliged to perform work (rendering of services) within the period prescribed rules of the various types of work (providing certain types of services) or a contract for the performance of work (rendering of services). The contract for the performance of work (providing services) may be prescribed turnaround time (of the service) if the above rules it is not provided, and the period of shorter duration than the period specified above rules.
2. The time of work (rendering of services) can be determined by the date (period), to which should be completed execution of work (services) or (i) the date (period) to which the performer must begin the work (rendering services).
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
3. In the event that the performance of work (rendering of services) is in pieces (delivery of periodicals and maintenance) during the term of the contract for the performance of work (rendering of services) should be provided an appropriate time (periods) of such work (services).
By agreement of the parties to the contract may also provide time for completion of individual work steps (milestones).
(Section 3, introduced by Federal law from 17.12.1999 N 212-FZ)
Article 28. Consequences of violating the terms of the performer work (services)
1. If the perpetrator violated the terms of the work (rendering services) - the beginning of time and (or) the end of the performance of work (providing services) and (or) the intermediate timing of work (rendering services) or during the performance of work (providing services), it became apparent that it will not be completed on time, the consumer has the right to choose to:
(In the edition of Federal laws of 17.12.1999 N 212-FZ , of 25.10.2007 N 234-FZ )
(See the text in the previous edition )
designate the executor new term;
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
entrust the work (providing services) to third parties for a reasonable price or do it on their own and require the performer reimbursement of incurred expenses;
require a reduction of the price for the performance of work (providing services);
withdraw from the contract for performance of work (providing services).
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
The consumer also has the right to demand full compensation for damages caused to him in connection with the violation of terms of performance of work (providing services). Damages are compensated in terms established to meet the relevant requirements of the consumer.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
2. Appointed by the consumer new timeframe of work (providing services) are specified in the contract for performance of work (providing services).
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
In case of delay in the timing of new consumer has the right to present the executor other requirements established by paragraph 1 of this Article.
3. The price of the work performed (service provided) is returned to the consumer in case of failure to perform the contract for performance of work (providing services), as well as taken into account in reducing the cost of work performed (service provided) shall be determined in accordance with paragraphs 3, 4 and 5 of Article 24 of this Law .
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
4. In case of failure to perform the contract on performance of work (providing services) the contractor is not entitled to recover its costs incurred in the course of performance of work (providing services), as well as fees for work performed (service provided), except if the consumer has performed work (service provided).
(In the edition of Federal laws of 17.12.1999 N 212-FZ of 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Paragraph deleted. - Federal law from 17.12.1999 N 212-FZ.
(See the text in the previous edition)
5. In case of violation of terms of performance of work (providing services) or appointed by the consumer on the basis of paragraph 1 of this Article shall pay the new terms to the consumer for each day (hour, if the term is defined in hours) of delay penalty (fine) at the rate of three percent of the cost of the work ( provision of services), and if the price performance of work (providing services) contract for the performance of work (rendering of services) is not defined - the total price of the order. Contract for the performance of work (rendering of services) between the consumer and the contractor may be set higher amount of penalties (fines).
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
Penalty (fine) for delay in commencement of work (rendering services), its phase is collected for each day (hour, if the term is defined in hours) of delay until the beginning of the work (providing services), its stage presentation or consumer requirements under paragraph 1 of this Article.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
Penalty (fine) for failing to end performance of work (providing services), its phase is collected for each day (hour, if the term is defined in hours) of delay until the end of the work (providing services), its stage presentation or consumer requirements under paragraph 1 of this Article.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
Amount was collected by the consumer of the penalty (fine) may not exceed the price of the particular type of work (rendering services), or the total price of the order, if the price of the particular type of work (rendering of services) is not defined contract for the performance of work (providing services).
The size of the penalty (fine) is determined based on the price performance of work (providing services), and if the price quoted is not determined based on the total price of the order, which existed at the place where the consumer's demand had to be satisfied with the performer in the day is satisfied voluntarily or on the day of judgment, when consumer demand is not satisfied voluntarily.
6. Customer requirements, established by paragraph 1 of this Article shall not be satisfied, if the contractor proves that the violation of the terms of the work (rendering services) occurred due to force majeure or the fault of the consumer.
Article 29. Consumer rights in case of deficiencies of the work performed (service provided)
1. Consumer when it detects defects in the work (service) may, at its discretion, to demand:
elimination of the defects of the work performed (service provided);
appropriate reduction of the price of the work performed (service provided);
grant making other things from homogeneous material of the same quality or re-do the work. In this case, the consumer must return the previously submitted to it by the Executive thing;
reimbursement of the costs of remedial work performed (service) on its own or third parties.
Meeting the demands of the consumer of free elimination of defects on the production of other goods or repeated performance of work (providing services) does not relieve the Contractor from liability in the form of penalties for violation of the deadline for performance of work (providing services).
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
The consumer is entitled to cancel the agreement on the performance of work (providing services) and to demand full compensation if the contract within a specified period of shortcomings of the work performed (service) is not eliminated performer. The consumer also has the right to cancel the agreement on the performance of work (providing services) if they found significant shortcomings of the work performed (service) or other significant deviations from the terms of the contract.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
The consumer also has the right to demand full compensation for damages caused to him in connection with the shortcomings of the work performed (service provided). Damages are compensated in terms established to meet the relevant requirements of the consumer.
2. The price of the work performed (service provided) is returned to the consumer in case of failure to perform the contract for performance of work (providing services), as well as taken into account in reducing the cost of work performed (service provided) shall be determined in accordance with paragraphs 3, 4 and 5 of Article 24 of this Law .
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
3. Requirements associated with the shortcomings of the work performed (service) may be presented when making the work performed (service provided), or in the performance of work (providing services), or if you can not find flaws in making the work performed (service provided) within the time limits specified in this clause.
The consumer has the right to make claims concerning defects of the work performed (service) if they are found during the warranty period, in the absence thereof, within a reasonable time within two years from the date of acceptance of the work performed (service provided), or five years for defects in the structure and other real estate.
(Clause 3 as amended. Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
4. The Contractor is responsible for the shortcomings of the work (service), which is not the warranty period, if the consumer can prove that they have arisen prior to its acceptance of or for reasons that have arisen so far.
With respect to the work (service) to which the warranty period, shall be responsible for its shortcomings, unless it is proved that they arose after the adoption of the (service) consumers as a result of breach of the rules of use of the work (service), actions of third parties or force majeure .
(Item 4 was introduced by Federal law from 17.12.1999 N 212-FZ)
5. In cases where the warranty period stipulated in the contract is less than two years (five years in the real estate) and the shortcomings of the work (service) detected by the consumer after the warranty period, but within two years (five years in the real estate), the consumer has the right to present claims provided for by paragraph 1 of this Article, if he proves that such defects arose before receiving the result of the work (service) or for reasons that have arisen so far.
(Clause 5 was introduced by Federal law from 17.12.1999 N 212-FZ)
6. In case of significant deficiencies work (services) the consumer has the right to present a claim to the executor of the elimination of the defects, if he proves that the defects arose before receiving the result of the work (service) or for reasons that have arisen so far. This requirement may be filed, if such defects are found after two years (five years in respect of immovable property) from the day the result of the work (service), but within the limits set by the result of the work (service) of the life or a period of ten years from the date of acceptance of the work (service) user if the life is not installed. If this requirement is not satisfied within twenty days from the date of the claim by the consumer or a fatal flaw detected, the consumer may choose to require:
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
corresponding reduction in the price for the work (service provided);
reimbursement of the costs of remedial work performed (service) on its own or third parties;
refusal to perform a contract for the performance of work (providing services) and damages.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Article 30. Terms of elimination of defects in the work (service)
Disadvantages of work (services) should be eliminated performer in a reasonable time fixed by the consumer.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
Paragraph deleted. - Federal law from 17.12.1999 N 212-FZ.
(See the text in the previous edition)
The appointed term consumer goods deficiencies indicated in the contract or in any other document signed by the parties or in a statement sent to the consumer performer.
(In the edition of Federal law from 25.10.2007 N 234-FZ)
(See the text in the previous edition )
For breach of terms stipulated in this article address the shortcomings of the work performed (service) to the consumer shall pay for each day of delay (penalty), the size and the manner of which are determined in accordance with paragraph 5 of Article 28 of this Law.
In case of violation of terms of a consumer is entitled to raise the executor other requirements under paragraphs 1 and 4 of Article 29 of this Law.
Article 31. Terms meet individual customer requirements
1. Customer requirements to reduce the price for the work performed (service provided), for reimbursement of the costs of remedial work performed (service) on its own or third parties, as well as the return of the consideration paid for the work (service) a sum of money and damages caused due the refusal to perform the contract under paragraph 1 of Article 28 and paragraphs 1 and 4 of Article 29 of this Law shall be satisfied within ten days from the date of request.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
2. Customer requirements on free manufacture other things of a homogeneous material of the same quality or the re-performance of work (providing services) are subject to the satisfaction of the deadline set for the urgent implementation of work (providing services), and if this time is fixed, within a period stipulated in the contract for performance of work (providing services) that was improperly executed.
3. For violation of this article shall be provided to meet the individual requirements of the customer shall pay to the consumer for each day of delay (penalty), the size and the manner of which are determined in accordance with paragraph 5 of Article 28 of this Law.
In case of violation of the terms specified in paragraphs 1 and 2 of this Article, the consumer is entitled to present the executor other requirements specified in paragraph 1 of Article 28 and paragraphs 1 and 4 of Article 29 of this Law.
Article 32. The consumer's right to refuse to perform the contract for performance of work (rendering of services)
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
The consumer is entitled to cancel the agreement on implementation of work (services) at any time upon payment of the performer actually incurred expenses associated with the performance of the obligations under the contract.
Article 33. Estimates for the performance of work (providing service)
1. On the performance of work (providing services) under the contract for performance of work (providing services) can be made hard or rough estimates.
The formation of such estimates at the request of the consumer or performer is mandatory.
2. Contractor is not entitled to demand an increase of fixed cost estimate and the consumer - to reduce it, including in the case when the contract excluded the possibility of providing full scope of work to be performed (services) or the necessary expenses.
The Contractor has the right to demand an increase of fixed cost estimate with a significant increase in the cost of materials and equipment provided by the contractor and provided to him by the third party service provider, which can not be foreseen in the contract. If the consumer fails to meet this requirement performer may terminate the contract in court.
(Clause 2 as amended. Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
3. If you need additional work (additional services) and for this reason, a significant excess of the approximate estimate, the Contractor shall promptly notify the consumer. If the consumer has not given consent to the excess of the approximate estimate, it has the right to cancel the agreement. In this case, the contractor can require the consumer to pay the price for the work performed (service provided).
Artist, fails to warn consumers about the need to exceed the approximate estimate is required to perform the contract, keeping the right to payment for work (services) within the estimated budget.
(Section 3, introduced by Federal law from 17.12.1999 N 212-FZ)
Article 34. Go to work out material performer
1. The Contractor shall perform the work, a contract for the performance of work of their material and their means, unless otherwise provided by contract.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
Performer who has provided material for the job, is responsible for the quality of its improper under the rules of the liability of the seller for the goods of inadequate quality.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
2. Material artist paid by the consumer at the conclusion of the treaty in whole or in the amount specified in the agreement on the implementation of the condition in the preparation of the final payment made by the consumer of the performer, unless otherwise payment for material performer is not stipulated by the agreement of the parties.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
3. In cases stipulated by the agreement on the implementation of the work, the material may be granted by the Executive consumer credit. The subsequent change in the price of the material provided on credit performer does not entail the allocation.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
4. Material performer and necessary for the job specifications, tools, etc. are delivered to the job site performer.
On the application of the provisions of Article 35 to the relationship to the contractual provisions to the provision of services for dry cleaning products, see letter Epidemiology of 07.03.2006 N 0100/2473-06-32.
Article 35. Go to work out material (a thing) of the consumer
1. If you work in whole or in part from material (a thing) of the consumer, shall be responsible for the safety of this material (things), and its correct use.
The Contractor shall:
to warn consumers about the unsuitability or poor quality of the transferred consumer material (things);
submit a report on using up material and return the remainder.
In case of total or partial loss (damage) of the material (things) received from the consumer, the executor is required within three days to replace it with a homogeneous material (thing) the same quality and at the request of a consumer product is manufactured from a homogeneous material (things) in a reasonable time and at the absence of a homogeneous material (property) of similar quality - to reimburse the consumer double price lost (damaged) material (things) as well as the costs incurred by the consumer.
2. Price lost (damaged) material (property) is determined based on the price of the material (things) that existed at the place where the consumer's demand had to be satisfied with the performer in the day is satisfied voluntarily or on the day of judgment, if the demand of the consumer voluntarily was not satisfied.
Price of material (things) to be transferred to the executor is defined in the contract for supply of labor or other document (receipt, order), confirming its conclusion.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
3. Artist exempt from liability for the total or partial loss (damage) of the material (things) received by it from the consumer, if the consumer is warned by the executor of the special properties of the material (things) that could lead to its complete or partial loss (damage), or if the specified properties of the material (things) could not be detected with proper acceptance by the Executive of this material (things).
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
Article 36. The obligation to inform the consumer about the artist circumstances that may affect the quality of the work performed (service provided), or result in the inability to complete it on time
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
The Contractor shall promptly inform the consumer that the consumer's compliance with the instructions, and other circumstances, depending on the consumer, may reduce the quality of the work performed (service provided), or cause the inability to complete it in time.
(In the edition of Federal law from 17.12.1999 N 212-FZ)
(See the text in the previous edition)
If the consumer, despite the timely and justified informing the executor, within a reasonable time not to replace unsuitable or poor quality material, do not change the instructions on how to carry out the work (rendering of services) will not eliminate or other circumstances that may affect the quality of the work performed (service provided) Lyrics the right to cancel the agreement on the performance of work (providing services) and to demand full compensation for damages.
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Article 37. The order and method of payment of work performed (service provided)
(In the edition of Federal laws of 21.12.2004 N 171-FZ of 27.07.2006 N 140-FZ)
(See the text in the previous edition)
The consumer shall pay for services rendered to him in the manner and within the time limits established by the contract with the contractor.
(Part one in edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
The consumer must pay for the contractor in full operation after its adoption by the consumer. With the consent of the consumer work may be paid to them at the conclusion of the contract in full or through the issuance of the advance.
(In the edition of Federal laws of 17.12.1999 N 212-FZ of 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Payment of services rendered (work) made by cash or non-cash payments in accordance with the legislation of the Russian Federation.
(Part three was introduced by Federal law from 27.07.2006 N 140-FZ)
When using a cash settlement payment of goods (work, services) by the consumer in accordance with the indication of the seller (executor) by paying cash to the seller (executor), or a credit institution or to the paying agent in charge of the activity to receive payments from individuals or bank payment agent (subagent), is carrying out activities in accordance with the law on banks and banking activities, unless otherwise provided by federal law or other normative legal acts of the Russian Federation. The obligations of the customer to the seller (executor) for payment of goods (work, services) are considered fulfilled in the amount of money made from the moment the cash, respectively, to the seller (executor), or a credit institution or to the paying agent in charge of the activity to receive payments Individuals or bank payment agent (subagent), is carrying out activities in accordance with the law on banks and banking activities.
(In the edition of Federal laws of 03.06.2009 N 121-FZ , of 27.06.2011 N 162-FZ )
(See the text in the previous edition )
Article 38. No longer in force. - Federal law from 25.10.2007 N 234-FZ.
(See the text in the previous edition )
Article 39. Regulation of the provision of certain services
Consequences of breach of contract for the provision of certain services, if such contracts are by their nature not subject to this chapter shall be determined by law.
Article 39.1. Rules for the provision of certain services, perform certain types of work to consumers
(The federal law from 18.07.2011 N 242-FZ)
Rules providing certain types of services, execution of certain types of work to consumers established by the Government of the Russian Federation
Chapter IV. STATE AND PUBLIC PROTECTION
CONSUMER RIGHTS
Article 40. The federal government supervision in the field of consumer protection
(In the edition of Federal law from 18.07.2011 N 242-FZ)
(See the text in the previous edition )
1. The federal government supervision in the field of consumer protection by the authorized federal executive body (hereinafter - the organ of state supervision) in the manner prescribed by the Government of the Russian Federation.
2. The federal government supervision in the field of consumer protection includes:
1) organizing and conducting compliance checks manufacturers (performers, vendors, authorized organizations or persons authorized by individual entrepreneurs, importers) requirements established by international treaties of the Russian Federation, this Law, other federal laws and other normative legal acts of the Russian Federation regulating relations in the sphere of protection of rights consumers (hereinafter - the mandatory requirements), regulations, officials of a government oversight;
2) organizing and conducting compliance checks of goods (work, services) of the essential requirements for ensuring safety of goods (work, services) to the life and health of consumers, the environment, the prevention of acts, misleading consumers into error, and the prevention of damage to the property of consumers, established in accordance with the international treaties of the Russian Federation, federal laws and other normative legal acts of the Russian Federation;
3) the application of the procedure established by the legislation of the Russian Federation, the preventive measures of violations of mandatory requirements, the issuance of orders to cease violations of the rights of consumers to cease violations of mandatory requirements to eliminate violations of mandatory requirements, the prosecution of the perpetrators of such violations;
4) systematic surveillance of the implementation of the mandatory requirements, analysis and forecasting of the state of implementation of mandatory requirements for the implementation of the producers (artists, dealers, authorized organizations or persons authorized by individual entrepreneurs, importers) of its activities;
5) The statistical monitoring in the area of consumer protection, registration and analysis of cases of harm to life and health of consumers, the environment and property of consumers associated with the acquisition and use of goods (work, services) with the shortcomings of dangerous goods (work, services) or providing consumers with untimely, incomplete, inaccurate and misleading information about the goods (work, services);
(In the edition of Federal law from 25.06.2012 N 93-FZ)
(See the text in the previous edition )
6) Annual analysis and evaluation of the effectiveness of federal government oversight in the area of consumer protection;
7) annual training on the basis of the activities provided for in subparagraphs 1 - 6 of this paragraph, government reports on consumer protection in the Russian Federation in accordance with the Government of the Russian Federation.
3. The relations arising from the implementation of the federal government oversight in the area of consumer protection, organization and conduct of inspections of manufacturers (performers, vendors, authorized organizations or authorized individual entrepreneurs, importers), the provisions of the Federal Law of 26 December 2008 N 294-FZ "On protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control. "
4. Officials of the State supervisory body in accordance with the legislation of the Russian Federation shall have the right:
1) to request and receive a reasoned written requests from the public authorities, local governments, community organizations, manufacturers (performers, vendors, authorized organizations or authorized individual entrepreneurs, importers) the information and documents on the protection of consumers;
2) free upon presentation of the business card and a copy of the order (order) of the head (deputy head) of the State supervisory body for the appointment of audit visit the territory, buildings, facilities and structures used by the manufacturer (performer, seller, an authorized organization or an individual authorized by the owner, importer) at carrying out its activities, in order to conduct monitoring activities;
3) conduct sampling and sample the goods intended to be sold and marketed to consumers for their research, testing;
4) give producers (executors, sellers, authorized organizations or authorized individual entrepreneurs, importers) orders to cease violations of the rights of consumers to cease violations of mandatory requirements to eliminate violations of mandatory requirements on measures to ensure the prevention of harm to life, health and property consumer environment;
5) to draw up protocols on administrative violations in the field of consumer protection, to consider cases on administrative offenses specified and take measures to prevent such violations;
6) provide the competent authorities of the materials related to violations of mandatory requirements to address issues about the prosecution of offenses;
7) apply to the court for the protection of consumers' rights and lawful interests of an indefinite number of consumers, as well as statements about the elimination of the manufacturer (performer, seller, an authorized organization of the importer) or on the termination of the individual entrepreneur (authorized individual entrepreneur) for repeated (two or more times in one calendar year) or gross (resulting in death or mass diseases, poisoning people) violation of the rights of consumers.
5. Organ of state supervision may be held by the court to participate in the case or has the right to intervene on its own initiative or at the initiative of the persons involved in the case, to give an opinion on the case in order to protect the rights of consumers in accordance with the legislation of the Russian Federation.
6. State Supervision Authority has the right to give explanations on the application of laws and other normative legal acts of the Russian Federation regulating relations in the field of consumer protection.
7. State supervision over the compliance of goods with safety requirements established by technical regulations, is also authorized federal executive bodies in accordance with the legislation of the Russian Federation on technical regulation.
8. State Supervision Authority together with the authorized federal executive bodies referred to in paragraph 7 of this Article, shall establish and maintain an open and public government information resources in the field of consumer protection, quality and safety of goods (work, services) in the manner prescribed by the Government of the Russian Federation .
(Item 8 was introduced by Federal law from 25.06.2012 N 93-FZ)
Article 41. The obligation of the manufacturer (performer, seller, an authorized organization or an authorized individual entrepreneur, importer) to provide information to state supervision
(In the edition of Federal law from 18.07.2011 N 242-FZ)
(See the text in the previous edition )
The manufacturer (performer, seller, an authorized organization or an authorized individual entrepreneur, importer) at the request of the State supervisory body, its officials must provide them within the prescribed period of reliable information, documentation and explanations in writing and (or) oral, and other information necessary for supervisory authority of the state and its officials of the authority established by the legislation of the Russian Federation.
Article 42. No longer in force. - Federal law from 21.12.2004 N 171-FZ.
(See the text in the previous edition)
Article 42.1. Higher powers of the executive bodies of state power of subjects of the Russian Federation in the field of consumer protection
(The federal law from 21.12.2004 N 171-FZ)
The supreme executive body of state power of subjects of the Russian Federation is taking steps to implement, promote and protect the rights of consumers and within their competence, adopt certain measures.
Article 43. Responsibility for violation of consumer rights established by laws and other normative legal acts of the Russian Federation
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
For violation of consumer rights established by laws and other normative legal acts of the Russian Federation, the seller (artist, manufacturer or an authorized organization authorized by an individual entrepreneur, importer) is the administrative, criminal or civil liability in accordance with the laws of the Russian Federation.
Article 44. Implementation of consumer protection by local authorities
(In the edition of Federal law from 22.08.2004 N 122-FZ)
(See the text in the previous edition)
In order to protect the rights of consumers in the municipality local government may:
address complaints of consumers, to advise them on the protection of consumers;
apply to the courts to protect the rights of consumers (an indefinite number of consumers).
In identifying the complaint consumer goods (work, services) of inadequate quality, as well as dangerous to the life, health, property, consumers and the environment immediately notify this to the federal executive bodies exercising control over the quality and safety of products (work, services).
Receiving consumer complaints can be made via multifunctional centers of public and municipal services.
(Part three was introduced by Federal law from 28.07.2012 N 133-FZ)
Article 45. The rights of public consumer organizations (unions)
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
1. Citizens have the right to join on a voluntary basis in the consumer associations (associations, unions), which carry out their activities in accordance with the statutes of the above associations (associations, unions), and the legislation of the Russian Federation.
2. Consumer associations (associations, unions) for the performance of its statutory objectives may:
participate in the development of mandatory requirements for goods (work, services), as well as draft laws and other normative legal acts of the Russian Federation regulating relations in the field of consumer protection;
conduct an independent assessment of the quality, safety of goods (work, services), as well as compliance with the quality of goods (work, services) claimed sellers (producers, performers) information about them;
exercise public control over observance of the rights of consumers and to bodies of state supervision and local government information on violations of the rights of consumers to carry out verification of the facts and decision in the case of confirmation of measures to prevent violations of the rights of consumers within the powers of these bodies, to participate in the conduct of examinations for violations of consumer rights in connection with inquiries of consumers. In the exercise of social control consumer associations (associations, unions) have no right to require manufacturers (performers, vendors, authorized organizations or authorized individual entrepreneurs, importers) of documents (implementation of actions), the obligation to submit (performance) of which at the request of the consumer is not installed the law;
(In the edition of Federal law from 18.07.2011 N 242-FZ)
(See the text in the previous edition )
disseminate information on the rights of consumers and on the necessary actions to protect these rights, the results of comparisons of the quality of goods (work, services), as well as any other information that will facilitate the implementation of the rights and legitimate interests of consumers. Published by consumer associations (associations, unions) the results of comparisons of the quality of goods (work, services) is not an endorsement;
contribute to the federal bodies of executive power, the organization offers to take measures to improve the quality of goods (work, services), to halt the production and sale of goods (work, services), according to the review of the internal market of goods (work, services) that do not meet imposed on them and the established laws of the Russian Federation on technical regulation with mandatory requirements;
contribute to the prosecuting authorities and federal authorities materials to bring to justice those engaged in the production and sale of goods (work, services), do not meet the mandatory requirements to them, as well as violating the rights of consumers, established by laws and other legal acts the Russian Federation;
contact the prosecutor's office with requests to bring the protests to annul acts of the federal executive authorities, acts of the executive authorities of the Russian Federation and bodies of local self-government acts contrary to the laws and regulating relations in the field of consumer protection regulatory legal acts of the Russian Federation;
access to the courts, statements in defense of consumer rights and interests of individual consumers (consumer groups, an indefinite number of consumers);
participate, together with the state supervision in an open and public government information resources in the field of consumer protection, quality and safety of goods (work, services).
(Paragraph added by Federal law from 18.07.2011 N 242-FZ, as amended. Federal law from 25.06.2012 N 93-FZ)
(See the text in the previous edition )
Article 46. Protection of the rights and legitimate interests of an unspecified number of consumers
(In the edition of Federal law from 21.12.2004 N 171-FZ)
(See the text in the previous edition)
Organ of state supervision, local governments, consumer associations (associations, unions) have the right to sue in the courts to stop illegal actions of the manufacturer (performer, seller, an authorized organization or an authorized individual entrepreneur, importer) in respect of an indefinite number of consumers.
(Part one in edition of Federal law from 18.07.2011 N 242-FZ)
(See the text in the previous edition )
When addressing this claim, the court requires the offender to bring the term set by the court through the media or by other means to the consumers' decision.
Entered into force court decision on recognition of the actions of the manufacturer (performer, seller, an authorized organization or an authorized individual entrepreneur, importer) in respect of unlawful indefinite number of consumers necessary for the court seized of the consumer protection of his rights arising as a result of the onset of the civil law consequences of actions manufacturer (performer, seller, an authorized organization or an authorized individual entrepreneur, importer), regarding questions of whether there have committed such acts, and whether they are the manufacturer (performer, seller, an authorized organization or an individual authorized by the owner, importer).
Along with the satisfaction of a claim brought by consumer associations (associations, unions), local self-government in the interests of an indefinite number of consumers, the court decides on the compensation of public consumer organizations (unions), local authorities all incurred legal costs of the case, and other accrued prior to going to court, and of the proceedings necessary expenses, including the costs of the independent expert in case of detection as a result of such examination violations of mandatory requirements for goods (work, services).
President
The Russian Federation
B. Yeltsin
Moscow, Russia The Council House
February 7, 1992
N 2300-1
Wednesday, July 3, 2013
Russian law: Consumer Rights Protection
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