Key terms used in consumer protection law

Protection of consumer rights is a set of measures aimed at preventing the provision of a low-quality product to a citizen, and when purchasing it, at the possibility of replacing or returning the money spent. Every adult in his life has encountered the purchase of poor quality goods, and these could be spoiled food and defects in the production of expensive equipment. There are often cases when the buyer's rights are violated before the purchase is made. Some sellers provide false information about the origin and quality characteristics of goods, and often refuse to provide it at all. Each of these situations is unpleasant, but completely solvable.

The legal basis for the protection of consumer rights is determined by the procedure for resolving these issues in accordance with the Law “On the Protection of Consumer Rights” N 2300-1 of 02/07/1992 (ZOPPP).

Consumer rights

Not all consumers make full use of the consumer protection rules provided by law. Avoiding spending personal time or simply not knowing about them.

At the same time, the buyer has the following rights, secured by the laws of the Russian Federation:

The right to purchase quality goods, receive services, and perform work. By this provision, the Law requires the seller or order executor to provide the consumer with only high-quality tangible or intangible products. Otherwise, it entails legal consequences.
Right to information. The term provides that the purchaser has every right to reliably know about the technical and qualitative characteristics of the goods, to receive information about their manufacturer, the availability of service centers that provide maintenance and warranty repair services. This right is given to make a thoughtful and informed purchase. In this case, the seller or service provider is obliged to provide the requested correct information in full.
The right to purchase safe goods. Protection of consumer rights consists of the sale of material assets, the use of which eliminates the possibility of causing harm to the user, his property and people around him. When purchasing a service or ordering work, the result should not be of a dangerous nature.
Service life, use, warranty periods. The time during which commodity assets must be in good condition, ensuring the fulfillment of their functional purpose. Their full determination is the responsibility of the seller (manufacturer). During the period of validity of these terms, the buyer has the right to return the product with reimbursement of the funds spent on its repair or replacement with a similar one. If these terms are not specified by the manufacturer (seller), then the products are classified as “goods with unspecified terms” and the above rights to transfer the goods to him are exercised in full.
Right to compensation for damages. If during operation (using the results of work) the consumer suffered losses, they must be compensated in full. Moreover, in accordance with Article 13 of the PPA, the person who sold the product or service bears responsibility for it.

If the agreement defining the rights and obligations of the consumer specifies a larger amount of compensation than provided for by the Law, payment is made according to the terms of the agreement.

Public consumer protection

Public bodies, that is, organizations created by citizens themselves that are endowed with certain powers, come to the aid of government authorities in protecting consumer rights.

At the same time, the protection of consumer rights by such organizations is not constrained by the presence of any instructions, deadlines, etc. To create such an organization, it is necessary to carry out the procedure for registering a public association in accordance with Federal Law No. 85-FZ of May 19, 1985.

Within the framework of public associations, it is possible to participate in the development of mandatory requirements and exercise public control over compliance with consumer rights.

Such organizations are vested with the right to conduct an independent examination of the quality and safety of goods, verify the conformity of the properties of goods declared by sellers with the actual ones, and act in court both to protect the rights of a specific person and an indefinite number of persons.

If you turn to a public body to protect your rights as a consumer, chances are that you will receive the most effective help. Because the people working there are usually interested in their work and are focused on a specific result. At least here they will definitely listen to you and give you useful advice on what to do next.

Conditions for returning goods

In case of purchasing a product that does not satisfy the consumer with its qualities (functional, color, interior), a procedure for returning or replacing the product with a suitable one is possible, according to a consumer contract, which defines the rights and obligations of the buyer under the following conditions:

no more than fourteen days have passed since the purchase of the item (thing), excluding the day of purchase;
the purchased product is non-food;
has not lost its consumer appearance;
packaging (if any) is not damaged, price tags and product identification marks are in the places provided for this, completeness is not damaged, there are no traces of use;
payment documents are available confirming payment and transfer of goods to him, in their absence - sufficient evidence of the fact of the purchase;
the item or product does not belong to the list of goods that cannot be exchanged or returned after purchase;
The product does not belong to the category of technically complex equipment.

The procedure presupposes that the person who purchased the product has an identification document (passport, officer’s ID card).

Submission of other types of documents (driver's license and the like) may lead to a justified refusal to carry out the procedure, and there will be no violation of consumer rights.

The procedure involves documenting the fact of returning the goods (invoice, act), which must include the following information:

full name of the trading enterprise (store);
personal data of the person who purchased the goods (full name);
name of the product, with a possible description;
the date on which the oral agreement for the purchase and sale of the product was concluded;
the cost for which the product was purchased and which is subject to return;
signatures of the parties indicating the personal data of the counterparties.

Thus, compliance with these rules will allow the purchaser to replace the product or return it for a full refund. The seller, in turn, will have no grounds for denying the client’s right during the sale. Any other decision by him will lead to legal enforcement consequences.

The principles of consumer protection provide for the payment of funds in agreement with the consumer as follows:

in cash at the location of the selling organization (entrepreneur) immediately or at the time specified in the contract;
using postal services;
by bank transfer by transferring to a bank card or current account at a bank institution servicing the client or his representative.

The costs of supporting the payment of funds are assigned by law to the seller.

Organizations authorized to protect rights

If the purchased product (service) does not meet the quality characteristics declared by the manufacturer or the person selling it, and the latter does not want to voluntarily comply with the requirements stipulated by the law on the protection of consumer rights (in terms of replacing the product or returning it), then the purchaser has the right to attract resolving the issue of state or other organizations exercising control and executive functions.
Society for the Protection of Consumer Rights. Its main task is to protect the rights of the buyer - a citizen and the interests of the entire group of consumers who are within the framework of the requirements of the law when purchasing products or using services. Considers disputes that have arisen between the parties to contracts in pre-trial proceedings and, if necessary, in court.

Its functions include:

preparation and submission of targeted claims, statements of claim, complaints for consideration by courts and responsible government bodies;
conducting an analysis of concluded contracts to identify facts of contradictions with the norms of current legislation;
organization and direct conduct of examinations of various types, based on the findings of which an expert opinion is presented that has legal force;
conducting explanatory work with the population in the area of activity of the public organization, using the practice of organizing seminars, educational conferences on consumer rights and organizing direct consultations with citizens on issues of protecting their own rights.

You can contact us for advice, as well as leave a complaint, using the official website of the company at the email address: www.ozpprf.ru. It also contains information about the regional centers of the society and ways to contact their representatives.

Federal Antimonopoly Service. The main function assigned to this state organization is to monitor the compliance of all entities with the requirements of antimonopoly legislation. At the same time, service employees are also working to consider applications from citizens in which consumer protection is not the last priority, for example, regarding the provision of unfair advertising materials to the population.

Tax control authorities. They do not have direct functions that provide for the protection of consumer rights. But upon presentation of a reasonable request, they can provide information about business entities for further claims for the protection of rights to judicial or other authorities.

Department of Internal Affairs. If you suspect that a crime with signs of fraudulent activity has been committed against the purchaser, you must contact the nearest police department to file a statement of violation of consumer rights. In an accessible form, indicate the circumstances and subject of the alleged crime with a request for an inspection that meets the requirements of Art. 140-141 of the Code of Criminal Procedure of the Russian Federation, and if the corpus delicti is considered, initiate a criminal case with notification to the applicant. The application must be registered in a log book.

State housing inspection. In matters of the work of housing and communal services, the protection of consumer rights is entrusted to the specified division. In the event of unjustified charges for the provision of various services, or illegal demands for various types of payments by management companies, it is worth contacting the housing inspectorate to consider the issue on its merits. It should protect the user in these matters.

Department of Health. If cases of poor-quality services, inappropriate behavior of employees of medical institutions, or unreasonable formation of queues of visitors arise, the first instance for filing an application is the department. Addresses of regional departments should be posted on visual information stands in the hospital premises; if they are not available, information can be obtained using the Internet.

Roskomnadzor. If the rights of the consumer in terms of providing high-quality communications are violated, regardless of the persons providing them, for example, Internet providers in rural areas, where, due to deterioration of the lines, the data transfer speed is low, and payment for services is requested in full, it is necessary to file a complaint specifically to this government agency.

Rospotrebnadzor. Its competence includes statements (complaints) regarding violations of consumer rights, including the activities of banking institutions, such as: transfer of personal information to third parties, changing the text of contracts without the consent of the client, transfer of rights to claim debt, unreasonable fines, failure to provide information, etc.

The activities of state supervisory authorities extend to carrying out inspections of goods directly at the places of their production. If violations are detected, a binding order or resolution is drawn up. These bodies can conduct administrative cases to enforce compliance with requirements by imposing penalties.

System of consumer rights protection bodies

This includes federal authorities, authorities of constituent entities of the Russian Federation and local governments. Where to go if you need clarification of consumer rights or to protect a violated right depends on your decision and the result you want to achieve.

Rospotrebnadzor as a consumer rights protection body

The most popular consumer protection body is Rospotrebnadzor. It is the employees of this department who can conduct an inspection of an organization that has violated rights or did not want to voluntarily resolve the conflict, and bring the seller to justice (impose a fine or suspend activities).

It makes sense to contact Rospotrebnadzor in case of any dispute that arises when the seller grossly violates the terms of sale of the goods and this is difficult to record. There are Rospotrebnadzor bodies in every constituent entity of Russia; they are authorized to provide explanations on current legislation and the procedure for protecting rights.

The disadvantage is, as a rule, the period of a month for consideration of a written request. But since it is this government body that is vested with the most extensive powers to control the implementation of consumer rights, it makes sense to contact them if dangerous goods are discovered, if the seller repeatedly violates rights, if it is necessary to suspend the seller’s license.

You can contact the authorities of the constituent entities of the Russian Federation, but, as a rule, the received consumer appeal is redirected for consideration to the Rospotrebnadzor Office, which only leads to an increase in the time period for consideration of the complaint.

Local government bodies for consumer protection

To protect consumer rights, local government bodies can create special departments, within the framework of which they provide consultations to citizens and consider complaints, but they can no longer represent your interests in court or organize inspections. However, they have the right to go to court to protect the rights of consumers of an indefinite number of persons. In villages, the protection of rights will be carried out by special commissioners appointed by the head of the village administration.

If you want to get advice on the procedure or methodological assistance in preparing a claim, local authorities will provide the necessary legal assistance. Contact your local administration with an application or come to a personal appointment.

The procedure for exercising the right of defense

At the first stage, you need to make sure that the owner does not like the purchased product or its quality, upon detailed examination at home, turned out to be questionable. Having firmly decided to replace the product or return it, you need to formulate the reason for the claim, which may be as follows:

the violation of consumer rights occurred due to discrepancies in the expected results from the purchase, for example, a mismatch in the size of clothes or undesirable colors, and the person who sold the goods refuses to provide a replacement as required by law;
the purchased product, due to a defect, does not perform the functions assigned to it, but the trading organization refuses to conduct an expert assessment, compensate for the cost of repairs by third parties, and, upon return, the full cost of the product;
service in beauty salons, catering establishments and other places providing various types of services to the population does not meet the expected requirements, or there was an unjustified refusal to provide the service.

There can be many reasons for making a claim. The main thing is that they do not contradict the law.

The activities of persons selling products on online store sites must fully comply with generally accepted requirements and conditions for the sale of goods, as enshrined in the PZPP and other legal acts. The law provides the consumer with the opportunity to prevent violation of rights at each stage of the implementation of the contract between the client and the virtual seller. If necessary, make claims to the person selling the goods within the framework of current legislation, regardless of the actual location of the enterprise itself. At the same time, consumer rights and their protection are at the proper level.

The procedure for filing claims contains the following sequence of actions.

The buyer goes to the retail outlet where the purchase was made, having with him the product itself, requiring replacement and return, financial documents confirming the fact of purchase from this seller, and identification documents of the person making the claim. If the seller refuses for any reason to fulfill the obligation provided by law (absence of the head of the enterprise, stories about the good condition of the product, etc.), a written claim is drawn up.
The claim is submitted in two copies. It must indicate known information about the person selling the product (regardless of the form of ownership), the full name of the applicant, the essence of the requirements, the reasons why the commodity value is subject to replacement or full refund. A date is entered and endorsed with a personal signature. One copy is handed to the representative, on the other (remains with the applicant) he makes a note about receipt of the claim in order to monitor the timing of fulfillment of the conditions stipulated in the document. In case of refusal to accept a claim, a citizen has the right to send it by mail with acknowledgment of delivery. The date of receipt will be considered the starting date for the seller’s statutory actions.
To write a complaint to higher authorities and those monitoring the rules of trade and the quality of production of products and services, it is necessary to prepare in advance a number of documents, copies of which should be attached to the formalized complaint: a claim to the trading organization with a request to replace the product or return the full cost, confirmation of the purchase of the goods in this particular store, and in the absence of such documents - testimony of third parties.
If an appeal to the organizations responsible for the legal protection of the acquirer did not lead to the expected result, but the legal grounds for the claim were confirmed by the results of inspections, then the citizen has the right to appeal to the judicial authorities.
Preparing materials for consideration in court, starting from the stages of drawing up a statement of claim, preparing evidence in the case and representing the plaintiff’s side directly during the process, is quite complex and specific work. To carry it out, you need a fairly deep knowledge of the Codes of the Russian Federation and the rules of business. Without proper preparation and presenting your own defense, winning the case is a difficult task. It is advisable to involve in this work a specialist who has experience in handling such cases. But his services must be paid for. Therefore, it is necessary to weigh the feasibility of such events from a financial point of view.
When deciding to independently represent your interests, it is necessary to prepare a statement of claim for the protection of consumer rights with full evidence attached to it.

The current legislation of the country provides its citizens with ample opportunities to resolve issues of consumer protection, including pre-trial procedures for resolving disputes and consideration in courts of general jurisdiction.

Despite the existence of systemic violations, the elimination of which is not possible due to poor performance of the duties of fiscal authorities and authorized organizations, individual cases may pose a threat to the life and health of a large number of citizens. A striking example is the facts of supermarkets selling products of dubious quality, the construction of multi-storey buildings with disregard for construction technology, the provision by catering establishments of dishes prepared using low-quality food products, and the distribution of children's consumer goods made from dubious materials.

Only a joint response of the population and government agencies to such unfavorable facts can prevent massive negative consequences. Consumer rights and their protection will be fully ensured.

Protection of the rights of consumers of financial services

In the first quarter of 2021, the Bank of Russia received 63.6 thousand complaints.

Consumer rights protection includes two areas - reactive, that is, working with complaints and requests, and preventive, when the Bank of Russia itself identifies practices in the market that can harm the interests of consumers of financial services and works to eliminate them.

In 2021, with the support of the Bank of Russia, the institution of a financial ombudsman was created (often also called a financial ombudsman). The financial ombudsman allows you to quickly resolve a dispute between a citizen and a financial organization if the citizen has property claims against the latter. Consumers can only take legal action against a financial institution after contacting the Financial Ombudsman. The assistance of the ombudsman is free for citizens, and the decision he makes is mandatory for execution by the financial organization.

The Ombudsman currently considers disputes with insurance companies and microfinance organizations. Starting from 2021, it will also consider citizens’ claims against banks and non-state pension funds.

With questions related to finance, or a complaint against a financial organization, citizens can also contact the Bank of Russia.

The Internet reception of the Bank of Russia responds to requests on average within three days, complex cases may require more time, the response deadline is established by law and is 30 days (with the possibility of extension to 60 days if the issue requires particularly serious supervisory proceedings).

The Bank of Russia call center operates around the clock and makes it possible to promptly receive clarifications.

How to write a request correctly:

make sure that the issue falls within the competence of the Bank of Russia;
clearly state the essence of the problem;
describe the events that occurred in chronological order;
name the organizations to which you have complaints;
attach the materials you have: documents, photos, video and audio recordings, etc.;
please provide your contact information.

You can contact the Bank of Russia around the clock by calling the contact center or via the chat of the Central Bank Online mobile application. The application also allows you to ask a question about financial products and services and quickly receive an answer to the most common problems, as well as check information about a financial organization, find out what services it provides, and find its nearest office on the map.