CONSUMER PROTECTION

Consumer protectionis undoubtedly an essential component of the system of human rights protection in Russia. Every day we, one way or another are faced with the relations connected with execution of works or provision of services. And here it is important to know the rights and obligations of the seller and the buyer, liability for violation of the rights of consumers, it is important to know what to do in case of acquisition of goods of inadequate quality, how to make a claim.

The relations connected with the protection of the rights of consumers, are regulated by the Civil Code of the Russian Federation, RF Law “On protection of consumer rights“, and adopted in accordance with them other normative legal acts of the Russian Federation.

The RF law “On protection of consumer rights” regulates relations arising between consumers and manufacturers, contractors, importers, retailers, when selling goods (works, services); establishes the right of consumers to purchase goods (works, services) proper quality and safe for life, health, property of consumers and environment, the right to receive information about goods (works, services) and manufacturers (executors, sellers), right to education, state and public protection of their interests, and also defines the mechanism of realization of these goods.

In the RF Law “On protection of consumer rights” enshrined in the list of consumer rights:

1. the right to safety of goods (work, services);
2. the right to information about the manufacturer (executor, seller) and the goods (works, services);
3. if you find product shortcomings, if they have not been stipulated by the seller, the consumer of their choice have the right:

  • to demand replacement by the goods of the same brand (the same model and (or) the article);
  • to demand replacement by the same goods of another brand (model, article) with corresponding recalculation of purchase price;
  • to demand proportional reduction of purchase price;
  • to demand immediate gratuitous elimination of defects in the goods or reimbursement for their correction by the consumer or a third party;
  • to withdraw from the contract of sale and demand the return paid for the goods amount.

4. the right to exchange non-food goods of improper quality for similar goods at the seller from whom this product was purchased, if the specified goods have not approached under the form, dimensions, style, colors, size or configuration.

For more effective consumer protection in the Russian Federation a number of measures to simplify consumer access to justice in case of violation of their rights.

In accordance with article 17 of the RF Law “On protection of consumer rights” consumer protection by the court. Claims on protection of consumer rights may be filed at the option of the plaintiff in the court of the place: the location of the organization, and if the Respondent is the individual businessman, — its residence; residence or stay of the claimant; the conclusions or contract execution. If the claim to the organisation follows from activity of its branch or representation, it can be presented to the court at the location of its Customers for claims related to the violation of their rights and also the authorized Federal Executive body on control (supervision) in the sphere of protection of the rights of consumers (its territorial bodies), as well as other Federal bodies of Executive power, exercising functions on control and supervision in the field of consumer rights protection and safety of goods (works, services) (their territorial bodies), local authorities, public associations of consumers (their associations, unions) according to the claims made in the interests of consumers, groups of consumers, a uncertain circle of consumers, are exempt from payment of state fees in accordance with the legislation of the Russian Federation on taxes and fees.

If You have purchased the goods of improper quality, if You believe that Your rights have been violated and don’t know what to do in such a situation, how to make a claim if You need judicial protection of violated rights and legitimate interests seek the right help from a lawyer Nikitina A. A., where You will be able to help as part of legal advice, and by representing Your interests in court.