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On Amending The Law Of The Russian Federation "on Protection Of Consumer Rights" And The Second Part Of The Civil Code Of The Russian Federation

Original Language Title: О внесении изменений в Закон Российской Федерации "О защите прав потребителей" и часть вторую Гражданского кодекса Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending the Russian Federation's Consumer Protection Act and part two of the Civil Code Russian Federation Adopted by the State Duma on October 11, 2007 Approved by the Federation Council on 17 October 2007 Article 1 href=" ?docbody= &prevDoc= 102117613&backlink=1 & &nd=102014512 " target="contents"> dated 7 February 1992 N 2300-I On the protection of consumer rights (in the wording of Federal Act No. 2 of 9 January 1996) (Statements of Congress of People's Deputies of the Russian Federation and of the Supreme Soviet of the Russian Federation, 1992, N 15, sect. 766; Legislative Assembly of the Russian Federation, 1996, N 3, sect. 140; 1999, N 51, sect. 6287; 2002, N 1, st. 2; 2004, N 35, sect. 3607; N 45, sect. 4374; N 52, sect. 5275; 2006, N 31, 100 3439; N 43, sect. 4412; N 48, sect. 4943) The following changes: 1) in the preamble: (a) the first paragraph after the word "executors," to be supplemented by the word "importers,"; (b) after the words "or the terms of the contract" should be supplemented with the words " (in their absence or the lack of completeness of the conditions normally required) "; 2), article 4, paragraph 2, after the words" to hand over to the consumer goods (perform work, provide a service), "with the words" the appropriate requirements and "; (3) Article 10, paragraph 2: a) paragraph 3 after the words "genetically modified organisms" to be supplemented by the words ", if the content of these organisms in such a component is more than nine tenths of a per cent"; b) the fourth addition to the words ", including the the credit of the loan, the full amount to be paid by the consumer, and the repayment schedule of that amount "; in the eighth paragraph: " address (location), trade name (name) of the manufacturer (s) authorized by the organization or authorized individual entrepreneor, importer; "; 4) in article 18: (a) the name should read: " Article 18. The consumer's rights when a defects is found in the product ; b), state the following: " 1. The consumer, in case of a defect in the goods, if they have not been specified by the seller, at their choice to the right: to require replacement of the same make (same model and/or (or) SKU); to require replacement on the same a different brand (model, SKU) with an appropriate purchase price calculation; to demand a commensurate reduction in the purchase price; claim immediate free removal of the goods or reimbursement The costs of their correction by the consumer or by a third person; decline the performance of the sales contract and request a refund of the amount you paid for the goods. At the request of the seller, and at the request of the seller, the consumer must return the goods with deficiencies. The consumer may also claim full compensation for damages caused by the sale of defective goods. Losses shall be compensated within the time limits established by this Act to satisfy the relevant requirements of the consumer. With regard to a technically complex product, the consumer may, in the event of a defect, refuse to perform the contract of sale and request a refund of the amount paid for such goods, or make a request for replacement A product of the same make (model, SKU), or on the same product of another make (model, SKU), with the corresponding recalculation of the purchase price within fifteen days from the date of handing over to the consumer. At the end of this period, these claims are to be satisfied in one of the following cases: finding a significant defect in the goods; violation of the time limits set by this Act for the removal of the defects of the goods; impossibility of the use of the goods during each year of the warranty period in aggregate more than thirty days, as a result of repeated elimination of its various deficiencies. A list of technically complex goods is approved by the Government of the Russian Federation. "; in paragraph 3: in the first word, replace the word" fourth "with the word" fifth "; paragraph 2 should be replaced by the word" fifth ". editors: "Instead of having these requirements presented, the consumer is entitled to return to the manufacturer or importer a product of poor quality and to request the return of the amount paid for it."; , paragraph 4, shall be declared invalid; (d) Paragraph 3, third paragraph, amend to read: " In the event of a dispute about the reasons for the defects of the goods, the seller (manufacturer), the authorized organization or authorized individual entrepreneor, the importer is obliged to carry out an examination of the goods at his own expense. The examination of the goods shall be carried out within the time limits laid down in articles 20, 21 and 22 of this Law in order to satisfy the relevant requirements of the consumer. The consumer is entitled to be present during the examination of the goods and, in the event of disagreement with the results of the examination, to challenge the conclusion of such a forensic examination. "; 5) in article 20: (a), paragraph 1 should read as follows: " 1. If the period of removal of the goods is not determined in writing by the agreement of the parties, the defects must be removed by the manufacturer (the seller, the authorized representative or the authorized individual entrepreneor, the importer). Immediately, that is, the minimum period of time that is objectively necessary to eliminate them, taking into account the manner in which they are normally employed. The period of removal of goods, as determined in writing by the agreement of the parties, may not exceed forty-five days. If, at the time of removal of the product's defects, it becomes apparent that they will not be resolved within a certain agreement of the parties, the parties may conclude an agreement on a new period for the elimination of the deficiencies of the goods. In this case, the lack of adequate spare parts (parts, materials), equipment or similar reasons is not the basis for concluding an agreement on such a new period and does not absolve them from liability a violation of the time period defined by the agreement of the parties initially. "; b) in paragraph 2, the words" similar goods "should be replaced with the words" durable goods with the same basic consumer properties "; , paragraph 3 to be supplemented with the following sentence: " When the goods are issued, the manufacturer (a seller, an authorized organization or an authorized individual entrepreneor, importer) is obliged to provide information in writing to the consumer on the date of the consumer's request for the removal of the defects of the goods, about the date of handing over the goods by the customer to eliminate the defects of the goods, the date of the elimination of the deficiencies of the goods with their description, the used spare parts (details, materials) and the date of delivery of the goods to the consumer upon completion of the elimination of deficiencies goods. "; 6) in article 21, paragraph 4, of the words "a similar durable goods" should be replaced with "non-expendable property with the same basic consumer properties"; 7), after the words "sale of goods of poor quality" with the words " or the provision of improper product information; 8) to supplement article 23-1 as follows: " Article 23-1. Consequences of a seller's breach of the terms of delivery of the prepaid product to the consumer 1. The contract of sale, which provides for the obligation of the consumer to prepay the goods, must contain a condition for the period of handing over the goods to the consumer. 2. In the event that the seller who has received the amount of advance payment in a certain contract of sale has not fulfilled the obligation to transfer the goods to the consumer within the time specified by such contract, the consumer of his or her choice shall be entitled to: transfer of the paid product within the specified new period; return the amount of the advance payment of the goods not transferred by the seller. However, the consumer may also claim full compensation for damages caused to him as a result of a breach of an established contract for the transfer of a prepaid product. 3. In the event of a breach of an established contract for the transfer of a prepaid product to the consumer, the seller pays him or her for each day the delay in the penalty (s) of half the percentage of the advance payment of the goods. The penalty is recovered from the day when the consumer contract was to be delivered to the consumer, until the day of handing over the goods to the consumer, or until the day of satisfaction of the consumer's request for return the amount prepaid. The amount recovered by the customer (s) cannot exceed the amount of prepayment for the product. 4. The consumer's claims for the recovery of the amount paid for the goods and full damages are to be met by the seller within ten days from the date of the submission of the claim. 5. The consumer's requirements set out in paragraph 2 of this article are not subject to satisfaction if the seller proves that the breach of the time of transfer to the consumer of the prepaid product was caused by force majeure or by fault "; 9) in article 24, paragraph 1, the words" of the same brand (model, part number) "should be replaced by the words" the same brand (same model and (or) the SKU) "; 10) Article 26 shall be declared void; 11) in paragraph 1 of the article 26-1 words " description of goods contained in cataloglers, leaflets, booklets, In the first paragraph of article 28, paragraph 1, of article 28, paragraph 1, of article 28, paragraph 1, of article 28, paragraph 1, of article 28, paragraph 1, of the first paragraph of article 28, paragraph 1, of the first paragraph of article 28, paragraph 1, of article 28, paragraph 1, of the first paragraph of article 28, paragraph 1. Replace the words "and (or) completion" with the words "and the intermediate term" to read "and (or) interim dates"; 13) paragraph 3 of article 30 to read as follows: " Assigned by the user defects in the goods are specified in the contract or otherwise signed by the parties Article 38 (a), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c) Article 2 Amend Part Two of the Civil Code of the Russian Federation 1996, N 5, sect. (410) The following changes: 1) Article 487, paragraph 4, after the words "and other is not provided for" to be supplemented by the words "by law or"; 2) article 497 should read: " Article 497. Sale of goods by way of samples and offsite How to sell a product 1. A retailing contract may be concluded on the basis of the buyer's knowledge of the goods offered by the seller and placed at the place of sale (the sale of the goods on the sample). 2. A retailing contract may be concluded on the basis of the buyer's knowledge of the seller's description of the goods through catalogue, leaflets, booklets, photos, means of communication (television, mail, radio or other), or in other ways, excluding the possibility of direct consumer awareness of the goods or the sample of goods entering into such a contract (the remote way of selling the goods). 3. Unless otherwise provided by law, by other legal acts or by contract, the retailing contract or retainer retainer sold by the remote means of the sale of the goods shall be deemed to have been performed from the time of delivery If the place of handing over of the goods is not determined, from the moment of delivery of the goods at the place of residence of the buyer, the citizen or the place of the buyer, the legal person. 4. Unless otherwise provided by law, prior to the transfer of the goods, the buyer has the right to refuse the performance of any retail sales contract specified in paragraph 3 of this article, provided that the seller is reimbursed the necessary expenses incurred in connection with the sale of goods. Article 503: " Article 503. The buyer's rights in the case of the sale of the goods defective quality 1. A buyer to whom an item of inadequate quality has been sold, if its shortcomings were not specified by the seller, is entitled to demand: replacement of defective good quality goods; A reduction in the purchase price; immediate removal of product defects; the cost recovery for the product defects. 2. If there is a shortage of goods whose properties do not eliminate them (food products, household chemicals, etc.), the buyer of its choice is entitled to demand that the goods be replaced with an appropriate quality, or commensurate reduction in the purchase price. 3. With respect to a technically complex product, the buyer is entitled to demand replacement or to refuse to perform the retailing contract and to request a refund of the amount paid in the event of a material breach of the quality (art. 475, para. 2). 4. Instead of requiring the requirements of paragraphs (1) and (2) of this article, the buyer is entitled to refuse the sale of the retailing contract and demand the return of the amount paid for the goods. 5. If a retailing contract is refused and a refund is required for the goods paid for the goods, the buyer, at the request of the seller, must return the received goods of the wrong quality. When a seller returns the sum paid for the goods, the seller is not entitled to deduct from it the amount by which the value of the goods has been reduced due to the full or partial use of the goods, the loss of the goods or of such circumstances. 6. The rules in this article shall apply when consumer protection laws are not otherwise established. ". Article 3 Admit invalid force: 1) Article 1 of Federal Law dated 9 January 1996 N 2-FZ " On introducing amendments and additions to the Consumer Protection Act and the RSFSR Code on Administrative Offences " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 140) in the new wording of article 18, paragraph 4, articles 26 and 38; 2), paragraphs 8 and 9 of article 1, paragraph 12, of the Federal Law 3) paragraphs 8 and 9 of paragraph 13 and article 1, paragraph 21, of the Federal Law of 21 December 2004 N 171-FZ " On introducing changes OF THE PRESIDENT OF THE RUSSIAN FEDERATION Russian Federation, 2004, N 52, 5275). Article 4 This Federal Law shall enter into force after forty-five days after its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 25 October 2007 N 234-FZ