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"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Law of the Russian Federation "On Consumer Protection" adopted by the State Duma November 1999 (In the wording of the federal laws of 30.12.2001) N 196-FZ; of 21.12.2004 N 171-FZ; of 25.10.2007 N 234-FZ) Article 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, 766; Legislative Assembly of the Russian Federation, 1996, N 3, sect. 140) the following changes and additions: 1. In the preamble: in the third paragraph, "for personal (domestic) needs other than profit-making", replace the words "for personal, family, household and other non-business needs"; in paragraphs 4, 5 and 6 of the word "form of ownership" should be replaced by "organizational and legal form"; paragraph 8 should read as follows: " lack of goods (work, services)-lack of conformity of the goods (Work, services) or mandatory requirements laid down by law or in the the terms of the contract or the purposes for which the goods (work, service) of this type are normally used or the purposes for which the seller (the perpetrator) was informed by the consumer at the conclusion of the contract or the model and (or) a description when selling the goods on the sample and (or) by description; "; , paragraph 9, to read as follows: " Substantial lack of goods (work, services) is an irrecoverable defect or a disadvantage that cannot be eliminated without disproportionate use of time, or is identified repeatedly, or is shown once again, or other similar deficiencies; ". 2. Article 1, paragraph 1, should be inserted after the words "federal laws" by the words "(hereinafter referred to as"). 3. Article 4, paragraph 5, after the words "If" is supplemented by the words "or in the manner prescribed by law, in particular". 4. In article 5: paragraph 3 after the words "and others" should be supplemented by "units of measure based on the functional purpose of the goods (output)"; in paragraph 5 of the word "service life or" delete; paragraph 7 , to read: " 7. The seller has the right to obtain the warranty period if it is not established by the manufacturer. If the warranty period is established by the manufacturer, the seller may establish a warranty period longer than the warranty period specified by the manufacturer. ". 5. In article 7: , in paragraph 1, the words "in the manner prescribed by law" shall be replaced by the words "by law or in the manner prescribed by law"; paragraph 4 should read as follows: " 4. If goods (work, services) or in accordance with the law, in particular the standards, establish mandatory requirements to ensure their safety, health of the consumer, the environment and the prevention of harm to the property of the consumer, the conformity of goods (works, services) to these requirements is subject to compulsory confirmation in the manner prescribed by law and other legal acts. The lists of goods (work, services) subject to mandatory confirmation of their conformity with the requirements are approved by the Government of the Russian Federation. The sale of goods (performance, provision of services), including imported goods (work, services), shall not be allowed, without information on the obligation to demonstrate compliance with the requirements specified in paragraph 1 of this article. ". 6. In article 10: in paragraph 2: in the fifth paragraph of the word "under this Act" delete; , paragraph 8, after the words "location (legal address)" to be supplemented with the words ", trade name (name) "; , paragraph 9, amend to read: " information about the obligatory confirmation of conformity of goods (works, services) referred to in article 7, paragraph 4 of this Law; "; paragraph 11 consider paragraph 13; to add to the new paragraphs 11 and 11 12th reading: " indication of the person who will perform the work (provide a service) and information about it, if it is relevant, based on the nature of the work (service); indication of use Phonograms in providing entertainment services to music performers; "; last sentence of paragraph 3 of paragraph 3, amend to read:" Information on mandatory proof of conformity of goods (work, services) the requirements referred to in article 7, paragraph 1 of this Law, is presented as a marking of goods (works, services) in accordance with the procedure established by the sign of conformity and (or) by means, by other legal acts, or usually by the requirements, and includes information about the document number, confirming the conformity, the duration of its validity and the organization that issued it. ". 7. In article 12: paragraph 1, amend to read: " 1. If the consumer is not given the opportunity to immediately obtain information about the goods (work, service) at the conclusion of the contract, he is entitled to demand from the seller (s) compensation for damages caused by unjustified evasion of the opinion If the contract is concluded, within a reasonable period of time, the contract shall be terminated and that the refund of the amount paid and other losses be recovered. When the contract is terminated, the consumer is obliged to return the goods (the result of the work, the services, if possible by their nature) to the seller (perpetrator). "; to supplement the new paragraph 2 and paragraph 3: " 2. The seller, who has not provided the buyer with complete and reliable information about the goods (work, service), is liable under article 18, paragraphs 1 to 4, or article 29, paragraph 1, of this Law, for the defects of the goods (work, (a) by the end of the period. 3. When harm to the life, health and property of the consumer is caused by failure to provide him with complete and reliable information about the goods (work, service), the consumer is entitled to claim compensation for such harm in the manner provided for in article 14 of the present The law, including full compensation for losses caused to natural objects owned by the consumer. "; , paragraph 2, shall be considered as paragraph 4. 8. In article 13: , paragraph 2, amend to read: " 2. Unless otherwise specified by law, damages to the consumer shall be reimbursed in full in excess of the penalty prescribed by law or by contract. "; In paragraphs 4, 5, 6, the words" this Act "shall be replaced by the word" law ". 9. In article 14: paragraph 2 of paragraph 3, amend the text to read: " If the goods (the result of the work) are to be established in accordance with article 5, paragraphs 2, 4, of this Law, the period of service or the shelf life of the goods, but it is not Either the consumer was not provided with full and reliable information about the service life or life, or the consumer was not informed of the necessary actions at the end of the service life or the expiry date and the possible consequences Failure to do so, or goods (result of work) at the end of this period is a danger to life and health, damages to be compensated regardless of the time it occurred. " 10. The last sentence of article 15, paragraph 1, should be supplemented with the words: "and does not depend on the amount of compensation for property damage". 11. Paragraph 3 of article 16 should read: " 3. The seller (performer) is not entitled without the consent of the consumer to carry out additional work and services for payment. The consumer has the right to refuse to pay for such works (services), and if they are paid, the consumer has the right to demand from the seller (s) the refund of the amount paid. ". 12. In article 18: , paragraph 1: , paragraph 6, amend to read: " avoidance of the sales contract. At the request of the seller and at its expense, the consumer must return the goods with defects. "; paragraph VIII should read as follows: " For technically complex and expensive goods, the consumer's requirements are specified Paragraphs 4 and 5 of this paragraph are to be satisfied in the event of significant deficiencies in the goods. The list of technically complex goods is approved by the Government of the Russian Federation. "; ninth paragraph deleted; (Paragraph 8 is no more effective-Federal Law dated 25.10.2007. N 234-FZ) (Paragraph 9 has become invalid-Federal Law of 25.10.2007. N 234-FZ) paragraph 5 should be redrafted to read: " 5. The absence of a cash or commodity cheque or other document certifying the fact and the condition of the purchase of the goods is not a ground for refusing to satisfy the requirements of the goods. The seller (manufacturer) or the seller (manufacturer) function under the contract with the seller is obliged to accept the goods of poor quality from the consumer and, if necessary, to carry out a quality check of the goods. The consumer is entitled to participate in the quality control of the goods. If a dispute arises as to the reasons for the defects of the goods, the seller (manufacturer) or the seller (manufacturer) function under the contract with the seller is obliged to carry out an examination of the goods at its own expense. The consumer has the right to challenge the conclusion of such a forensic examination. If, as a result of an examination of the goods, it is established that its faults have arisen as a result of circumstances beyond which the seller (manufacturer) is responsible, the consumer is liable to compensate the seller (manufacturer) or the seller's function. (the manufacturer), on the basis of an agreement with the organization, the costs of carrying out the expertise and the costs of storage and transportation of the goods. "; to supplement the new paragraph 6 with the following: " 6. The seller (manufacturer) or the seller's (manufacturer) function under a contract with the manufacturer is responsible for the defects of the goods for which the warranty period is not established if the consumer proves that they occurred prior to the transfer of the goods (...) (...) A seller (manufacturer) or a seller (manufacturer) of a contract with the seller is responsible for the defects of the goods if the seller fails to prove that they have arisen After the goods have been handed over to the consumer as a result of the consumer's infringement of the rules for the use, storage or transport of the goods, the actions of third persons or the force majeure. "; paragraph 6, read as paragraph 7. 13. In article 19: , paragraph 1, amend to read: " 1. The consumer has the right to present the requirements of article 18 of this Law to the seller or the manufacturer with respect to the defects of the goods if they are found during the warranty period or the shelf life of the manufacturer. If the seller has established the warranty period in accordance with article 5, paragraph 7, of this Law, the requirements of article 18 of this Law with respect to the defects of the goods found during the said guarantee period, are presented to the seller. For goods for which the warranty period or shelf life is not established, the consumer is entitled to present the specified requirements if the defects of the goods are found within a reasonable period of time, but within two years from the date of transfer to the consumer, if the longer period is not fixed by law or by contract. "; paragraph 2: paragraph 1 should read: " 2. The warranty period of the goods, as well as the period of its service, shall be calculated from the date on which the goods have been handed over to the consumer, unless otherwise stipulated in the contract. If the date of transmission cannot be determined, these dates are calculated from the date of manufacture of the goods. "; the third paragraph should read: " When the goods are sold by sample, by mail, and in cases where the time of conclusion The contract of sale and the moment of handing over of the goods to the consumer do not coincide, these dates are calculated from the day 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, the goods need special installation, connection or assembly, there are defects in it), the warranty expires until the elimination the seller of such circumstances. If the day of delivery, installation, installation, connection, assembly of the goods, the elimination of vendor-dependent circumstances which prevent the consumer from using the goods on the destination, it is not possible to determine these dates are calculated from the date of the contract "; , paragraph 4, delete; paragraph 2, paragraph 3, amend to read: " Warranty dates on parts and parts of the product are considered equal to the warranty period main article, unless otherwise specified by the contract. In the case of a component and a part of the goods in the contract, the warranty period is shorter than the warranty period for the main article, the consumer is entitled to submit claims related to the defects of the component Goods and parts of the product, when they are detected during the warranty period for the main product, unless otherwise stipulated by the contract. "; add a new paragraph 5 to read: " 5. In cases where the warranty period provided for by the contract is less than two years and the defects of the goods have been detected by the consumer after the expiry of the warranty period, but within two years, the consumer may present the claim to the seller (manufacturer) of the claim, under article 18 of this Law, if it proves that the defects of the goods have occurred prior to its handing over to the consumer or for the reasons that arose prior to that point. "; paragraph 5, read as paragraph 6 and restate it as follows: " 6. In the event of the identification of significant defects of the goods, the consumer has the right to present a claim to the manufacturer for the removal of such defects if he proves that they occurred prior to the handing over of the goods to the consumer or for the reasons that arose prior to that in the moment. This requirement may be filed if the defects of the goods are found after two years from the day of handing over the goods to the consumer, but within the limits of the specified goods or within ten years from the day of handing over the goods to the consumer, if service life is not set. If this requirement is not satisfied within twenty days from the date of its presentation to the consumer or the lack of good detected by the consumer, the consumer has the right to present to the manufacturer other requirements as provided for by the manufacturer. Article 18, paragraph 3, of this Law, or to return the goods to the manufacturer in accordance with article 18, paragraph 1, of this Law and to request a refund of the amount paid. ". 14. In article 20: , in paragraph 1 of the phrase "within twenty days from the day of the customer's request for removal of the defects of the goods", replace with the words " without delay, unless otherwise fixed by the agreement In writing "; , in paragraph 2, the word" seven-day "should be replaced by the word" three-day "; paragraph 4 should read: " 4. When the defects of the product are eliminated by replacing a component or part of the main article with warranty period, the new component or part of the main article shall be subject to warranty The period of the same duration as the replacement part or part of the main article, unless otherwise stipulated by the contract, and the warranty period is calculated from the day of delivery to the consumer of the item upon completion of the repair. ". 15. In article 24: , the last sentence of paragraph 2 should read as follows: " The price of the replacement is determined at the time of its replacement, and if the consumer's demand is not satisfied by the seller, the price of the goods to be replaced and the price The replacement of the goods is determined at the time the goods are replaced by the court. "; paragraph 3 should read as follows: " 3. In the case of a demand for a proportionate reduction in the purchase price of the goods by the consumer, the price of the goods is taken into account at the time of the consumer's presentation of the margin requirement or, if it is not voluntarily satisfied, at the time of the court's ruling Decisions on proportional reduction of the purchase price. "; to add a new paragraph 4 to read: " 4. At the termination of the sales contract, the consumer is entitled to claim the difference between the price of the goods established by the contract and the price of the goods in question at the time of voluntary satisfaction of the requirement or, if the requirement is voluntary Not satisfied, at the time of the court's decision. "; paragraph 4 read as paragraph 5. 16. In article 25: , in paragraph 1, the words "for other reasons may not be used by the consumer" to be replaced by "pick"; last sentence of paragraph 2 The consumer, which required the exchange of non-food items of good quality, of its receipt for sale. ". 17. In article 27: , last sentence of paragraph 2, delete; to be supplemented with paragraph 3: " 3. In the event that the performance of the work (provision of the service) is carried out in parts (delivery of the periodical press, maintenance) within the duration of the performance contract (service delivery), the relevant deadlines should be provided (periods) of such work (service delivery). By agreement of the parties, the contract may also provide for a time frame for the completion of certain stages of the work (intermediate dates). ". 18. In article 28: paragraph 1: the first paragraph should read: " 1. If the perpetrator has violated the terms of service (provision of the service)-the period of commencement and completion of the work (provision of the service) and the intermediate periods of service (provision of the service) or at the time of the performance of the work (service provision) became apparent, that it will not be executed in time, the consumer of his choice has the right: "; the second paragraph should read: " assign a new term to the performer; "; in the sixth paragraph of the word" start and/or end " delete; in the first paragraph of paragraph 2 of the word " during which the perpetrator should begin work (service provision) and finish the work (service), "replace" with "work performance (service delivery)"; in paragraph 4: the first paragraph should read: " 4. Upon termination of the performance contract (service), the performer is not entitled to claim compensation for its expenses incurred during the performance of the work (provision of the service), as well as payment for the work performed (service rendered), except case if the consumer accepted the work performed (service rendered). "; paragraph 2, delete; paragraph 5: in the first word of" start and end " delete; paragraphs 2 and 3 after words "(service)" should be supplemented with the words ". In article 29: , in paragraph 6 of paragraph 1, the word "Requirements" should be replaced by "Satisification of the requirements", the words "may be accompanied by a demand for a reduction in the price of the work performed (service rendered)" is replaced by the words " does not exempt The executor of the liability in the form of liquidated damages for violation of the term of completion of the work (service) "; paragraph 3 should read: " 3. The requirements for the defects of the work performed (service rendered) may be presented in the performance of the work performed (service rendered) or during the performance of the work (service provision) or, if it is not possible to detect deficiencies in acceptance Work performed (service provided) within the time limits set by this paragraph. The consumer has the right to make claims for deficiencies in the performance (service provided) if they are detected during the warranty period and, if not within a reasonable period of time, within two years from the date of acceptance Work performed (service provided) or five years with regard to deficiencies in the building and other immovable property. "; to supplement the new paragraph 4 and paragraph 5 with the following: " 4. The perpetrator is responsible for the defects of the service (service) for which the warranty period is not established if the consumer proves that they have arisen prior to its acceptance or for the reasons that arose prior to that date. With respect to the work (services) for which the warranty period is established, the performer is responsible for its defects unless it proves that they have arisen after the customer's employment (service) has been committed due to a violation of the rules of use The result of the work (services), the actions of third persons or the force majeure. 5. In cases where the warranty period provided for under the contract is less than two years (five years in real estate) and the defects of the work (services) are found by the consumer upon the expiration of the warranty period, but within two years (five years in real estate) property), the consumer is entitled to present the requirements stipulated in paragraph 1 of this article if he proves that such defects have occurred prior to their acceptance of the result of the work (service) or for the reasons that arose prior to that point. "; paragraph 4 To read paragraph 6; paragraph 1 of paragraph 6 to read as follows: editions: " 6. In the event of the identification of significant deficiencies in the work (services), the consumer is entitled to present a claim to the contractor for the removal of the defects, if he proves that the defects have occurred prior to their acceptance of the result of the work (service) or for reasons that have arisen up to that point. This requirement may be presented if such defects are found after two years (five years in respect of immovable property) from the date of acceptance of the result of the work (service), but within the limits of the performance (service) of the service life or, within ten years from the date of acceptance of the result of the work (services) of the consumer, if the service is not set. If this requirement is not satisfied within twenty days from the date of its presentation by the consumer or the detected defect is fatal, the consumer of his choice is entitled to demand: ". 20. In article 30: the first paragraph should read: "Unbalances of Work (Services) must be resolved by the executor within a reasonable time fixed by the customer."; paragraph 2, delete; in paragraph The third word "or established by the treaty (the agreement of the parties)" should be deleted. 21. In article 32: first sentence after the words "specified treaty" is supplemented with the words "and reimbursed the expenses incurred by the contractor prior to the execution of the contract if they are not included in the said part of the price of the work (s)"; , delete the second sentence. 22. In article 33: , paragraph 2, amend to read: " 2. The perpetrator shall not be entitled to demand an increase in the firm estimate and to the reduction of the consumer, including where, at the time of the conclusion of the contract, it was impossible to provide for the full amount of the work to be performed (provision of services) or The costs of the project are: The perpetrator has the right to demand an increase in the firm estimate, with substantial increase in the value of the material and equipment provided by the executor, as well as the services provided to it by third parties, which could not be provided for The conclusion of the contract. If a consumer refuses to comply with this requirement, the executor has the right to terminate the contract in court. "; add the following to: " 3. If there is a need for additional work (additional services) and for this reason that there is a substantial excess of estimates, the perpetrator is obliged to warn the consumer in a timely and appropriate time. If the consumer did not agree to a rough estimate, he was entitled to withdraw from the contract. In this case, the perpetrator may require the consumer to pay the price for the work performed (service rendered). The perpetrator, who did not warn the consumer in good time about the need to exceed the approximate estimate, is obliged to fulfill the contract, retaining the right to pay for the work (services) within the approximate estimate. ". 23. In article 34: in paragraph 1: the phrase "the consumer does not require the performance of the work from its material" should be replaced with the words "other is not provided for by the contract"; paragraph 2 should read as follows: "The performer who provided the material for the performance of work is responsible for his poor quality under the rules on the seller's liability for goods of poor quality."; in paragraph 2 of the word " rules of execution of certain species or "delete; in paragraph 3 of the word" specified rules or ", delete. 24. In article 35: , in the second paragraph of paragraph 2, the words "consumer and the" should be deleted; in paragraph 3: first sentence should be supplemented with the words " or if the material (s) properties could not be found Adequate acceptance by the executor of this material (s) "; second sentence, should be deleted. 25. The title and the first paragraph of article 36 should be supplemented with the words "or that it is not possible to complete it in time". 26. The paragraph 2 of Article 37 should read as follows: " The consumer is obliged to pay the full work performed by the performer (service rendered) after it has been accepted by the consumer. With the consent of the consumer, the work (service) may be paid for in full or through an advance payment. "...................................... In article 40: , in the third paragraph of paragraph 1, the words "or the length of service" should be deleted; to supplement paragraph 5 with the following: " 5. The Federal Anti-Monopoly Authority has the right to approve the procedure for consideration by the Federal Antimonopoly Authority (its territorial bodies) of the violation of the laws and other legal acts of the Russian Federation governing relations in the field of human rights. protection of consumer rights. ". 28.(Spconsumed by Federal Law of 21.12.2004) N 171-FZ) 29.(Spconsumed by Federal Law of 30 December 2001) N196-FZ) 30. Paragraph 2 of article 45, paragraph 2, after the words "to verify the rights of consumers and the rules of commercial, domestic and other types of consumer services," to supplement the words " to act on the detected violations of consumer rights and to guide These acts are to be considered by the competent authorities of the State. " Article 2. This Federal Act shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 17 December 1999 N 212-FZ