Consumer protection is a relatively new concept for residents of modern Russia, but even now many people do not know where to go if certain norms are violated. It is noteworthy that in most developed countries, consumer protection is a fundamental element in the development of the economy. Unfortunately, in the vastness of the Russian Federation there are still very often cases where sellers try to make money from consumers by selling low-quality goods.
Types of buyer rights
Often, when making a purchase, people are faced with many unacceptable factors: poor quality goods, poor service or inappropriate attitude of the service staff. However, with the help of some organizations and the Russian Federation Law “On the Protection of Buyers’ Rights”, it is possible to significantly reduce the likelihood of various offenses occurring.
In order to resist deception and fraud on the part of sellers, every person must know what rights each consumer has. In accordance with current legislation, buyers have the following rights:
| Consumer rights | Description |
| Right to education | This right is regulated by introducing special requirements into state professional and general educational programs and standards, as well as by informing consumers about possible situations and further actions to resolve them. The main reason for the emergence of this rule is the poor level of knowledge by buyers of their rights. |
| Right to quality | In accordance with the current legislation of Russia, the seller is obliged to provide the buyer with a product of the quality specified in the contract. If there are no such conditions, the consumer must receive a product of such quality that would correspond to the purposes for which a specific group of products is often used. If, at the time of signing the contract, the seller is notified of the purposes of the purchase, then the product must be provided, the quality of which corresponds to these purposes. |
| Right to compensation for damages | If consumer rights are violated, the selling party is obliged to pay a penalty to the buyer. It is noteworthy that the amount of compensation is fixed at the state level, but if under the contract the level of payments exceeds generally accepted norms, then in the event of a violation, the amount specified in the relevant document is paid. In other situations, the buyer has the opportunity to receive partial or full cost of the goods. In addition, the law provides for the option of a full return of goods. |
| Right to security | Russian legislation stipulates that each person should receive only those goods that do not harm the health or life of people. It is also prohibited to sell products that could potentially threaten the environment or lead to irreparable consequences. It is worth noting that the process of implementing this right is controlled by law enforcement agencies, and the relevant documents are prepared by enterprises without fail. |
Claim procedure for protecting the rights of consumers of services
Were you sold a low-quality product or provided an inadequate service?
So, let's say you bought a washing machine. For obvious reasons, it was not possible to check its functionality in the store upon purchase. After it was delivered to your home and installed, it turned out that it did not work. What to do in this case?
- The first thing we do is also make a claim. The rules for its presentation have already been discussed.
- Regarding its content, it should be mentioned that it is drawn up in writing, the header indicates the addressee to whom this claim is intended and the applicant is, in fact, you - your full name and address for correspondence. The title of the paper is succinct – claim.
- Next, we set out in detail all the circumstances: when, what, at what price it was purchased. When and by whom it was delivered. When and how did you find out about the problem?
- Well, the petition part specifies the requirements: termination of the purchase and sale agreement with a refund of funds, exchange for a similar product or exchange for another product.
- The seller has 10 days by law to respond to a claim under the Consumer Protection Act.
- If the answer is received and it is positive, I have nothing more to advise as a lawyer. If they offer to submit a product for examination, you must agree. The main thing is to submit it according to the inventory, and the examination in this case will be carried out at the expense of the seller, by the way, watch the video about this in more detail, you will find a video from our channel below.
- If for some reason the response to the claim is negative, or if it is not received within the period established by law, you can begin to prepare a statement of claim for the protection of consumer rights in court.
USEFUL : Watch the video for additional tips on filing a claim.
Protection of buyer rights
Today in Russia there are 11 ways to protect the rights of citizens if they are violated by third parties. Now protection is carried out using the following solutions:
- full recognition by the violator of the crime;
- self-defense rights;
- invalidation of a problematic transaction;
- restoring the situation that existed before the violation;
- invalidation of a resolution of a local government body and a government agency;
- compensation for losses incurred;
- changes or termination of legal relationships;
- collection of penalties;
- awarding the selling party to rectify the situation;
- compensation for moral damage;
- non-application by the court of a document of state structures (in case of non-compliance of the act with the legislation).
It is worth noting here that all these points are spelled out in the Civil Code of the Russian Federation. Experts note that the latest amendments have greatly expanded the opportunities and rights of consumers who have suffered at the hands of unscrupulous sellers. The inclusion of buyer self-defense in the above list suggests that now, in the event of an offense, a person can choose how to defend his rights and prevent similar cases in the future.
Possible options for the development of events in self-defense include: return of goods, exchange of purchases, termination of agreements, compensation for damage or free elimination of the problem (if possible). It is worth noting that terminating or changing previously agreed upon compromises is only relevant if disagreements arise regarding the quality of the product.
The main task of modern industry is to produce a wide range of diverse and high-quality goods to meet the various needs of the population. Read about the complaint to the traffic police here.
Judicial procedure for protecting consumer rights
- The statement of claim must be made in writing
- We are waiting for the court hearing to be scheduled. At the court hearing, you can support your demands, refine them upward, abandon them, or end the case with a settlement agreement if the defendant agrees to this. The court will clarify all the details regarding the stated claim.
- After considering the case, the court makes a decision
- The parties are given a month to appeal the court decision from the moment it is made in final form. If an appeal is not filed, the decision enters into legal force. If an appeal is filed, the decision will come into force from the moment it is announced by the appellate court. It is worth noting here that if you lose in the first instance, there is no need to be upset; the appellate instance often overturns the decisions of the first instance court. On the other hand, if you win at first instance, you need to prepare for an appeal precisely because decisions sometimes change during an appeal.
- After the appeal decision is made, if the claims are satisfied, you need to order a writ of execution in the court of first instance.
- Once the writ of execution is ready, you can proceed in three ways: send it to the debtor for voluntary execution, send it to the debtor’s bank for the bank to write off the funds in your favor unilaterally, or send the writ of execution to the bailiffs so that they organize forcible collection.
USEFUL : watch the video on how to file a claim for consumer protection
Rules for drawing up a statement of claim for the protection of consumer rights
- procedural requirements for registration : in the header we indicate the name of the court where the claim is sent, as well as the details of the parties and their procedural provisions.
- jurisdiction, the choice of court depends on the value of the claim: a dispute up to 50,000 rubles is considered by magistrates, over 50,000 rubles - by district (city) judges. In this case, the buyer will be the plaintiff, and the seller will be the defendant.
- Contents of the statement of claim : in detail, as in the claim, we describe the entire situation regarding the purchase of the product and the identification of its inoperability. Then, do not forget to indicate that the pre-trial procedure in the form of filing a claim was followed.
- legal basis and choice of claim : we indicate the legal basis for our claims and, accordingly, the claims themselves, which are formulated in the pleading part of the claim. In it, in addition to the main requirement (return of the product or its exchange), you can claim compensation for moral damages, penalties and fines under the consumer protection law, and compensation for legal expenses.
- State Fee : Please note that a consumer protection claim is not subject to a state fee.
Forms of protection of buyers' rights
At the moment, residents of Russia have the opportunity to defend their rights not only in court, but also using other methods. Earlier it was said that now the consumer has the right to independently choose a method of combating a violation, based on his beliefs and the effectiveness of the choice made.
The whole point of pre-trial proceedings is to try to solve the problem on the spot or with the involvement of the store administration. By and large, using this method, both parties have the opportunity to find a compromise without involving third-party structures. During such a decision, the seller can replace the defective product or pay compensation.
The right to judicial protection is supported by Art. 17 of the Law “On the Protection of Buyers’ Rights”, which states that in case of disagreements with the seller or receipt of a bad product, the consumer has the right to file a corresponding application in court. Depending on the nature of the violation, protection may occur through administrative, criminal, constitutional and civil proceedings.
However, many people do not file a claim with consumer protection authorities because they believe that a lawsuit will cost them much more than simply letting the incident take its course.
But this statement is false, because on the territory of Russia there is a court fee, which is paid in full by the responding party.
Since many people do not know how to properly contact the courts, various consumer rights protection inspectorates come to the rescue. With the help of these organizations, you can correctly file a claim, obtain financial compensation from the offender, or obtain free correction of problems.
The domestic Law “On the Fundamentals of Tourism Activities” was adopted with the aim of defining the basic principles of state policy, which is aimed at establishing the legal foundations of the common tourism market in Russia. Read about certification of products and services here.
Independent protection of rights
From the moment when the buyer discovers a violation by the performer or seller of his consumer rights, through the purchase of a product or use of a service, he has a choice of which method of protecting his rights is most profitable and convenient for him to use. A citizen can file a claim independently or with the help of a lawyer. If the seller or performer does not make concessions and does not want to compensate for material or moral damage, the consumer can draw up a statement of claim and submit it to the court for consideration.
