On Introducing Changes And Additions Into The Law Of The Russian Federation "on Protection Of Consumer Rights"

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "О защите прав потребителей"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102063518

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the law of the Russian Federation "on protection of consumer rights" adopted by the State Duma of the year November 17, 1999 (as amended by the federal laws on out N 196-FZ;
from 21.12.2004 N 171-FZ; from 25.10.2007. N 234-FZ), Article 1. To the law of the Russian Federation of February 7, 1992 N 2300-I "on protection of consumer rights" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 15, St. 766; Collection of laws of the Russian Federation, 1996, no. 3, art. 140) the following amendments and supplements: 1. In the preamble to the third word in the paragraph: "for personal (household) needs not related to profit" should be replaced by the words "for personal, family, household and other needs, not connected with entrepreneurial activity;
in the paragraphs of the fourth, fifth and sixth words "form of ownership" should be replaced by the words "legal form";
eighth paragraph shall be reworded as follows: "lack of goods (works, services)-non-conformity of the goods (works, services) or mandatory requirements stipulated by law or by a procedure established by a statute or contract, or the purposes for which the goods (work, service) of this kind typically used, or objectives of which the seller (executor) was informed by the consumer at the conclusion of the contract, or the model and (or) description in sale by sample and (or) the description";
the ninth paragraph should read: "the significant lack of goods (works, services)-fatal flaw or shortcoming that cannot be eliminated without disproportionate investment of time, or taped, or repeatedly manifested itself again after his elimination, or other such shortcomings;".
2. paragraph 1 of article 1, after the words "federal law" add the words "(hereinafter referred to as the laws).
3. Article 4, paragraph 5, after the word "If" add the words "laws or prescribed by them, in particular".
4. In article 5, paragraph 3, after the words "other" and add the words "units of measure based on the destination of the goods (the result of)";
in paragraph 5 the words "service life or" should be deleted;
paragraph 7 shall be amended as follows: "7. the seller reserves the right to install the product warranty period if it is not installed by the manufacturer. If the warranty period is set by the manufacturer, the seller has the right to establish the warranty period longer than the warranty period established by the manufacturer.
5. In article 7: in paragraph 1, the words "in accordance with the procedure determined by law" should be replaced by the words "statute or by a procedure established by";
item 4 shall be amended as follows: "4. If the goods (works, services) Statute or by a procedure established by, in particular, the standards set requirements to ensure they are safe for the life and health of the consumer, the environment Wednesday and the prevention of damage caused to the consumer, the conformity of the goods (works, services) specified requirements is subject to obligatory confirmation in the manner provided by law and other legal acts. Lists of goods (works, services), subject to their compliance with the mandatory confirmation of specified requirements, approved by the Government of the Russian Federation.
It is not allowed to sell goods (execution of works, rendering services), including imported goods (works, services), without information on compulsory confirmation of its conformity to the requirements specified in paragraph 1 of this article. ".
6. In article 10: paragraph 2: in the fifth paragraph, the words "in accordance with this law" should be deleted;
eighth paragraph, after the words "location (legal address)" add the words "brand name (name)";
the ninth paragraph should read as follows: "information on mandatory confirmation of conformity of the goods (works, services), referred to in paragraph 4 of article 7 of this Act;";
considered the thirteenth paragraph of paragraph eleven;
Add new paragraphs eleventh and twelfth as follows: "an indication of the specific person who will do the job (service), and information about it, if it makes a difference, depending on the nature of the work (services);
reference to the use of phonograms in providing entertainment services performers of musical works ";
the last sentence of the first paragraph of paragraph 3 shall be amended as follows: "information on mandatory confirmation of conformity of the goods (works, services) the requirements specified in paragraph 1 of article 7 of this law, shall be submitted in the form of labelling of goods (works, services) mark of conformity in accordance with the established procedure and (or) in the manner established by laws, other legal acts, or the usual requirements, and includes information about the document confirming compliance , on the term of its action and the organization that issued it. ".
7. Article 12, paragraph 1 shall be amended as follows:

"1. If the consumer is not given the opportunity to immediately gain at the conclusion of the contract information about the goods (work, service), he shall be entitled to require from the seller (executor) for damages caused by unreasonable evasion of conclusion of the contract, and if the contract is concluded within a reasonable time, terminate the agreement and demand a refund of the paid amount for the goods and compensation for other losses.
Upon termination of the contract, the consumer is obliged to return the goods (work, services, if possible by their nature) to the seller (executor). ";
to complement the new paragraph 2 and paragraph 3 to read as follows: "2. the seller (executor), not providing complete and accurate information to the buyer of the goods (work, service), shall bear responsibility stipulated by paragraphs 1-4 article 18 or paragraph 1 of article 29 of this law, for defects of goods (works, services) arising after its transfer to the consumer due to the lack of such information.
3. When the infliction of harm to life, health and property of the consumer as a result of not providing him with complete and accurate information about the goods (work, service), the consumer is entitled to claim compensation for such harm as provided for in article 14 of this law, including the full damages caused to natural objects, owned (ownership) of the user. ";
paragraph 2 as subclause 4.
8. Article 13, paragraph 2 shall be amended as follows: "2. Unless otherwise provided by law, the damages caused to the consumer shall be refunded in full amount in excess of the penalty (penalty), established by law or contract.";
In paragraphs 4, 5, 6, the words "this Act" should be replaced by the word "Act".
9. Article 14: second paragraph of paragraph 3 shall be amended as follows: "If the goods (work product) must be installed in accordance with paragraphs 2, 4 of article 5 of this Act, service life or expiration date, but it is not installed, or the consumer was not given full and accurate information about the life or expiry date, either to the consumer was not informed of the need to take action on end-of-life or expiry date and the possible consequences of failing to observe the or product (work product) on the expiry of these periods is dangerous to life and health, injury shall be compensable regardless of the time thereof. ".
10. The last sentence of the first paragraph of article 15 shall be supplemented with the words: "and does not depend on the size of the compensation property damage".
11. paragraph 3 of article 16 shall be amended as follows: "3. the seller (executor) may not, without the consent of the user to perform additional services for a fee. The consumer has the right to refuse payment of such works (services), and if they paid, the consumer is entitled to require from the seller (executor) refund.
12. In article 18 paragraph 1: the sixth paragraph shall be reworded as follows: "termination of the contract of sale. On the seller's request and at his expense, the consumer must return the goods with faults. ";
eighth paragraph to read: "with respect to technically complex and expensive goods consumer requirements, referred to in the fourth and fifth subparagraphs of this paragraph shall be subject to the satisfaction of the essential drawbacks in case of detection products. List of technically sophisticated products is approved by the Government of the Russian Federation. ";
the ninth paragraph should be deleted;
(Eighth paragraph repealed federal law from 25.10.2007. N 234-FZ)
(Ninth Paragraph lost effect-the Federal law dated 25.10.2007. N 234-FZ) paragraph 5 shall be amended as follows: "5. the consumer's lack of cash or purchase receipt or other document certifying the fact of and conditions for purchase of goods, is not a ground for refusing its demands.
The seller (manufacturer) or as the seller (manufacturer) on the basis of a contract with him, the Organization must accept the goods of inadequate quality among consumers and in case of necessity to conduct an audit of the quality of the goods. The consumer has the right to participate in the verification of the quality of the goods.
If a dispute arises about the causes of the deficiencies of the goods the seller (manufacturer) or as the seller (manufacturer) on the basis of a contract with it organization are obliged to inspect the goods at his own expense. The consumer has the right to challenge the conclusion of such examination in court.
If as a result of the examination of the goods found that its shortcomings have arisen as a result of circumstances for which does not meet the seller (manufacturer), the consumer shall compensate the seller (manufacturer), or acting as the seller (manufacturer) on the basis of a contract with him the organization costs of examination, as well as the costs of storage and transportation of the goods. ';
to complement the new paragraph 6, reading: "6. the seller (manufacturer) or as the seller (manufacturer) on the basis of a contract with him, the organization responsible for the shortcomings of the goods to which the warranty period is not set if the consumer can prove that they have arisen before the transfer of the goods to the consumer or for reasons arising prior to that point.

In respect of the goods for which a warranty period, the seller (manufacturer) or as the seller (manufacturer) on the basis of a contract with him, the organization responsible for material defects, if not proves that they arose after the handing over of the goods to the consumer as a result of the breach of consumer rules of use, storage or transport of the goods, actions of third parties or force majeure;
item 6 as subclause 7.
13. In article 19, paragraph 1 shall be amended as follows: "1. A consumer may bring under article 18 of this law requirements to the dealer or the manufacturer in relation to the deficiencies of the goods if they are discovered within the warranty period or expiration date established by the manufacturer. If seller warranty periods are established in accordance with paragraph 7 of article 5 of this law, the requirements of article 18 of this Act with respect to product flaws detected during the specified warranty period, shall be presented to the seller.
In relation to the goods to which the warranty periods or expiration dates are not set, the consumer shall have the right to make these requirements if the deficiencies of the goods found in a reasonable period of time, but within two years from the day of their transfer to the consumer if the longer term is not prescribed by law or contract. ";
in paragraph 2: the first paragraph shall be reworded as follows: "2. the warranty period for the goods, as well as its durability is calculated from the day of handing over of the goods to the consumer, unless otherwise provided by the contract. If it is impossible to transfer day, these dates are calculated from the date of manufacture of the goods. ';
the third paragraph shall read as follows: "when selling goods samples by mail, as well as in cases where the time of conclusion of the contract of sale and the time of the transfer of the goods to the consumer does not match, these dates are calculated from the date of delivery of the goods to the consumer. If the consumer is deprived of the opportunity to use the goods due to circumstances dependent on the seller (in particular, item needs special installation, connection or an Assembly, it has disadvantages), the warranty period is not flowing until the seller of such circumstances. If the day of the delivery, installation, connection, product Assembly, eliminate seller-dependent circumstances due to which the user may not use the product for its intended purpose, cannot be determined, those periods shall be calculated from the day of conclusion of the sales contract. ";
the fourth paragraph should be deleted;
second paragraph of paragraph 3 shall be amended as follows: "warranty periods for components and component parts of the product are considered equal to the warranty period for the primary product, unless otherwise stipulated in the contract. If the component product and part of the goods in the contract warranty period is set shorter than the warranty period for the main product, the consumer is entitled to claim that are associated with impaired component and an integral part of the product, when they are detected during the warranty period on the main product, unless otherwise provided by the contract. ";
supplement with a new paragraph 5 reading as follows: "5. In cases where the Treaty guarantee period is less than two years and material defects discovered after the warranty period consumer, but within two years, the consumer is entitled to submit to the seller (manufacturer) requirements referred to in article 18 of this law, if he proves that the material defects arose prior to its transfer to the consumer or for reasons arising prior to that point.";
item 5 as subclause 6 to read as follows: "6. In the event of significant disadvantages consumer goods manufacturer shall have the right to make demands on non-reimbursable addressing such shortcomings, if he proves that they arose before the handing over of the goods to the consumer or for reasons arising prior to that point. This requirement can be charged, if material defects discovered after the expiry of two years from the date of transfer of the goods to the consumer, but within the set to the product service life or for a period of ten years from the day of handing over of the goods to the consumer, if the service is not installed. If this requirement is not fulfilled within twenty days from the date of its presentation of the consumer or found them defect is fatal, the consumer shall be entitled at its choice to present manufacturer of the other requirements of paragraph 3 of article 18 of this law, or return the product to the manufacturer in accordance with paragraph 1 of article 18 of this law and require a refund.
14. Article 20: in paragraph 1, the words "within twenty days from the date of presentation of the consumer demands for product defects" were replaced by the words "immediately, if otherwise correct the deficiencies not determined by agreement of the parties in writing";
in paragraph 2, the word "seven" was replaced by "three-day";
item 4 shall be amended as follows:

"4. When product defects by replacing the component or part of the main products that are installed on the new warranty periods component product or an integral part of basic products set the warranty period of the same duration as that of the replaced product or component part of a main product, unless otherwise provided by the contract, and the warranty period is calculated from the date of issue of this product to the consumer upon completion of the repair.
15. Article 24: the last sentence of paragraph 2 shall be amended as follows: "the price of the goods to be determined at the time of replacement replacement and consumer demand is not satisfied with seller, price of the replaced goods and price goods instead passed are determined at the time of the Court's decision on replacement of the goods. ';
paragraph 3 shall be amended as follows: "3. If the consumer demands of the product purchase price reduction commensurate with the price of goods at the time when the consumer demands for markdowns or, if it has not satisfied at the time of the Court's decisions on the equal reduction of the purchase price."
to complement the new paragraph 4 to read as follows: "4. Upon termination of the contract of sale, the consumer has the right to demand reimbursement of the difference between the price of goods established by the Treaty, and the price of the product at the time of voluntary meet such requirements or if the claim was not satisfied voluntarily, at the time of the Court's decision.";
paragraph 4 as subclause 5.
16. Article 25: in paragraph 1, the words "for other reasons may not be used by the consumer to appoint" be replaced by "bundling";
the last sentence of paragraph 2 shall be amended as follows: "the seller is obliged to inform the consumer demanded the exchange of non-food goods of proper quality about his immediate availability."
17. Article 27: the last sentence of paragraph 2 should be deleted;
supplemented by paragraph 3 to read as follows: "3. If execution of works (provision of services) is being implemented in a piecemeal fashion (shipping periodicals, maintenance) during the contract period of performance of works (provision of services), should provide for an appropriate period (periods) perform such works (provision of services).
By agreement of the parties to the contract may also provide for a time frame for completion of individual phases of work (intermediate deadlines). ".
18. In article 28: paragraph 1: the first paragraph shall be reworded as follows: "1. If contractor has violated the terms of execution of works (provision of services)-run start and end dates of work (provision of services) and interim deadlines (provision of services) or during the execution of works (provision of services), it became apparent that it would not be completed in time, the consumer of their choice to:";
second paragraph worded as follows: "to appoint the Executive term";
in the sixth paragraph, the words "the beginning and/or the end of the" should be deleted;
in the first subparagraph of paragraph 2, the words ", within which the artist must start to perform work (provision of services) and finish the execution of works (provision of services)," replaced by "perform works (provision of services);
paragraph 4: the first paragraph shall be reworded as follows: "4. In case of termination of the agreement on the implementation of works (provision of services) the contractor does not have the right to demand reimbursement of its costs incurred in the process of execution of works (provision of services), as well as payment for work done (provided services), except if the user took the work (provided services).";
paragraph 2 should be deleted;
paragraph 5: in the first paragraph, the words "beginning and end" should be deleted;
the second and third paragraphs should be inserted after the words "(provision of services)" add the words "phase".
19. Article 29: the sixth subparagraph of paragraph 1, the word "claims" be replaced by the words "satisfaction", the words "may be accompanied by a requirement to reduce the price of the work performed (provided services)" were replaced by the words "does not exempt from liability in the form of a penalty for violation of the end of the execution of works (provision of services);
paragraph 3 shall be amended as follows: "3. the requirements related to deficiencies in work (provided services) can be charged when making the work performed (provided services) or in the course of execution of works (provision of services) or, if unable to locate weaknesses when making work (provided services), within the time frames stipulated in this paragraph.
The consumer has the right to make claims related to deficiencies in work (provided services) if they are found within the warranty period, and if not available within a reasonable period of time, within two years from the date of adoption of the work performed (provided services) or five years in respect of deficiencies in the structure and other immovable property. ";
to complement the new paragraph 4 and paragraph 5 to read as follows: "4. the perpetrator liable for works (services) that is not a warranty period, if the consumer can prove that they originated prior to its adoption, or for reasons arising prior to that point.

With regard to works (services), for which a warranty period, the contractor shall be responsible for its shortcomings, if not proves that they arose after the adoption of the work (services) consumer due to violations of the rules of use of the work product (service), actions of third parties or force majeure.
5. In cases where the Treaty guarantee period is less than two years (five years for real estate) and disadvantages of works (services) are detected by a consumer after the warranty period, but within two years (five years for real estate), the consumer is entitled to claim, in accordance with paragraph 1 of this article, if he proves that such shortcomings have arisen prior to the adoption of the outcome of the work (services) or for reasons arising up to that point. ";
paragraph 4 as subclause 6;
the first paragraph of paragraph 6 shall be amended as follows: "6. In the event of significant disadvantages of work (services), the consumer has the right to executive produce a grant requirement deficiencies, if he proves that the deficiencies arose prior to acceptance of the work product (services) or for reasons arising prior to that point. This requirement may be made if such shortcomings are detected after two years (five years in real estate) from the day of acceptance of the work product (service), but within the set to the result of works (services) service life or for a period of ten years from the day of acceptance of the work product (services) by the consumer if the service is not installed. If this requirement is not fulfilled within twenty days from the date of its presentation of the consumer or the detected flaw is fatal, the consumer has the right to demand of their choice: ".
20. Article 30: the first paragraph shall be reworded as follows: "the disadvantages of works (services) should be corrected by the contractor in a reasonable period of time designated by the user.";
paragraph 2 should be deleted;
in the third paragraph, the words "or agreement (Agreement)" should be deleted.
21. Article 32: the first sentence, after the words "the Treaty", add the words "and the Executive have reimbursed expenses incurred by him up to this point to the performance of the contract, if these are not included in the specified part of the price of work (services)";
the second sentence should be deleted.
22. In article 33, paragraph 2 shall be amended as follows: "2. the contractor shall not have the right to demand increasing firm estimates and consumer-its reduction, including in the case where at the time of the conclusion of the Treaty cannot provide full volume to be performed works (provision of services) or necessary expenses.
The performer has the right to demand increasing firm estimates with a significant increase in the cost of materials and equipment provided by the contractor, as well as the services rendered to him by third parties services which were unforeseeable at the conclusion of the contract. In case of refusal of a consumer to fulfil this requirement, the executor has the right to terminate the contract in a Court of law. ";
supplemented by paragraph 3 to read as follows: "3. If you need to perform additional work (additional services) and for this reason, significant exceedances approximate estimates, the agent shall promptly notify the consumer. If the consumer has not given consent to the excess of the approximate estimates, he has the right to withdraw from the contract. In this case, the performer may require the consumer to pay the price for work performed (provided services).
Artist, fails the need exceeded consumer predupredivshij approximate estimates, is obliged to fulfill the contract, retaining the right to pay for works (services) within the approximate estimates.
23. Article 34: in paragraph 1, the words: "user does not require execution of the work from his material" should be replaced by the words "unless otherwise provided by the contract";
second paragraph worded as follows: "Artist, provided the material for the job, is responsible for its inadequate quality according to the rules on the liability of the seller for the goods are of improper quality.";
in paragraph 2 the words "in the rules perform certain types of work or" should be deleted;
in paragraph 3, the words "the said rules or" should be deleted.
24. Article 35: in the second paragraph of paragraph 2, the words "consumer and specifies" should be deleted;
in paragraph 3: the first sentence add the words "or if the properties of the material (stuff) could not be detected with proper executive approval of this material (things)";
the second sentence should be deleted.
25. the name and the first paragraph of article 36 shall be supplemented with the words "or entail the impossibility of its completion in time".
26. the second paragraph of article 37 shall be amended as follows: "the consumer is obliged to pay for the work performed by the contractor in full employment (provided services) after its adoption by the consumer. With the consent of the consumer operation (service) may be paid to them at the conclusion of the agreement in full, or by issuing an advance. "
27. Article 40: the third subparagraph of paragraph 1, the words "or services" should be deleted;
supplement paragraph 5 to read as follows:

"5. the Federal Antimonopoly body has the right to approve the Statute on the procedure for consideration of Federal competition authority (its territorial bodies) of cases of violations of the laws and other legal acts of the Russian Federation regulating relations in the field of consumer protection."
28. (repealed-the Federal law from 21.12.2004 N 171-FZ) 29. (Repealed-federal law out N 196-FZ) 30. Paragraph four of article 45, paragraph 2, after the words "to verify the observance of the rights of consumers and trade rules, domestic and other types of customer service," add the words "constitute acts of violations of the rights of consumers and send these acts for consideration in the authorized bodies of the State power".
Article 2. This federal law shall enter into force on the day of its official publication.
Russian President Boris Yeltsin in Moscow, the Kremlin December 17, 1999 N 212-FZ