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ON APPROVAL OF REGULATION ON FEDERAL STATE SUPERVISION ON CONSUMER RIGHTS PROTECTION


GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

of May 2, 2012 N 412

ON APPROVAL OF REGULATION

ON FEDERAL STATE SUPERVISION ON

CONSUMER RIGHTS PROTECTION

In accordance with Article 40 of the Law of the Russian Federation “On Consumer Rights Protection” the Government of Russian Federation resolves:

1. To approve the attached Regulation on federal state supervision in the area of consumer rights protection.

2. Implementation of authorities provided by this resolution is performed within the limits of the maximal number of employees of the Federal Service for Surveillance on Consumer Rights Protection and Human Well-being prescribed by the Government of the Russian Federation and also by the budgetary appropriations provided for the Service in the federal budget on guidance and governance in the sphere of the specified functions.

Chairman of the Government

of the Russian Federation

V. PUTIN

Approved by

Resolution of the Government

of the Russian Federation

of May 2, 2012 N 412

REGULATION

ON FEDERAL STATE SUPERVISION ON

CONSUMER RIGHTS PROTECTION

1. This Regulation establishes the order of federal state surveillance on consumer rights protection and human well-being.

2. Federal state surveillance on consumer rights protection is implemented for the purposes of ensuring observance of legislation on consumer rights protection.

3. Federal state surveillance on consumer rights protection is implemented by the Federal Service for Surveillance on Consumer Rights Protection and Human Well-being (hereinafter referred to as the State Supervisory Body).

4. Officials of the State Supervisory Body which are authorized to implement federal state surveillance on consumer rights protection are:

a) head of the State Supervisory Body, deputy heads;

b) heads of structural subdivisions and their deputies whose functionary regulations include authorities on implementation of federal state surveillance on consumer rights protection;

c) other civil officers whose functionary regulations include authorities on implementation of federal state surveillance on consumer rights protection;

d) head of territorial body, his deputies;

e) heads of structural subdivisions of territorial body, their deputies whose functionary regulations include authorities on implementation of federal state surveillance on consumer rights protection;

f) other civil officers of territorial body whose functionary regulations include authorities on implementation of federal state surveillance on consumer rights protection;

5. Federal state surveillance on consumer rights protection includes:

a) organization and performance of inspections of observance of the requirements established by international agreements of the Russian Federation, by the Law of the Russian Federation On Consumer Rights Protection, by other federal laws and other normative legal acts of the Russian Federation regulating relationships in the area of consumer rights protection (hereinafter — obligatory requirements), instructions of officials of the State Supervisory Body, by manufacturers (contractors, sellers, authorized organizations or authorized entrepreneurs, importers);

b) organization and performance of inspections of compliance of goods (works, services) with the obligatory requirements ensuring safety of goods (works, services) for life and health of consumers, environment, prevention of activities leading consumers astray and prevention of harm to the consumers’ property, established in correspondence with the international agreements of the Russian Federation, federal laws and other normative legal acts of the Russian Federation;

c) implementation of measures of suppression of violation of obligatory requirements, issue of orders on cessation of violation of consumer rights, on cessation of violation of obligatory requirements, on elimination of discovered violations of obligatory requirements, making persons who committed such violations answerable in the order established by the legislation of the Russian Federation.

d) regular observation of fulfillment of obligatory requirements, analysis and forecasting of the state of fulfillment of obligatory requirements in the process of performance by the manufacturers (contractors, sellers, authorized organizations or authorized individual entrepreneurs, importers) of their activities;

e) statistic observation in the area of ensuring customer rights protection, recording and analysis of cases of harm caused to life and health of consumers, environment and consumers property connected with acquisition and use of goods (works, services) with defects, dangerous goods (works, services) or with provision to consumers of untimely, incomplete, unreliable and misleading information about goods (works, services), formation of open and publicly available state informational resources in the area of consumer rights, quality and safety of goods (works, services) protection;

f) performing annual analysis and estimation of efficiency of the federal state supervision in the area of consumer rights protection;

g) preparation of annual state reports on defense of consumers rights in the Russian Federation on the basis of results of activities provided by the subparagraphs a – f of this paragraph.

6. The regulations of the Federal Law On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control are applied to relations connected with fulfillment of federal state surveillance on consumer rights protection, organization and performance of inspections of manufacturers (contractors, sellers, authorized organizations or authorized individual entrepreneurs, importers).

7. The following measures are carried out in the process of implementation of federal state surveillance on consumer rights protection:

a) estimation of correspondence of goods (works, services) to obligatory requirements ensuring safety for life and health of consumers, environment, prevention of activities leading consumers astray and prevention of harm to the property of consumers.

b) examination, analysis and estimation of information contained in the documents establishing business form, rights and obligations of legal entities, individual entrepreneurs, legal relationships with citizens (consumers) or used by legal entities and individual entrepreneurs in the process of performing their activities and connected with their fulfillment of obligatory demands, including information contained on their websites in the information and telecommunication network Internet;

c) consideration, analysis and estimation of data (information) contained in notifications on beginning of performance of particular types of entrepreneurial activities;

d) consideration, analysis and estimation of conditions of contracts concluded with consumers as to their correspondence to the rules established by the laws and other legal acts of the Russian Federation in the area of consumer rights protection;

e) control of observance of rules of sale of particular types of goods, rendering of particular types of services, performance of particular types of works;

f) survey and examination of premises, buildings, constructions, transport means and other objects used by legal entities and individual entrepreneurs in the process of implementation of their activities on sale of goods, performance of works, rendering of services;

g) selection of specimens (samples) of goods, results of works (services) and carrying out researches, measurements, trials of them;

h) carrying out expert examinations and investigations aimed at establishment of causative connections of revealed violations of obligatory requirements with the facts of infliction of harm to life and health of consumers, to environment and to property of consumers.

8. Terms and sequence of administrative procedures in the process of implementation of federal state supervision in the area of consumer rights protection are established by administrative regulations, elaborated and approved in accordance with the Resolution of the Government of the Russian Federation of May 16, 2011 N 373.

9. In case of detection of violation of legislation in the area of consumer rights protection the State Supervisory Body takes measures provided by the Federal Law On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control, by the Law of Russian Federation On Consumer Rights Protection, by the Federal Law On Technical Regulation, by the Code of the Russian Federation on Administrative Offenses.

10. Officials of State Supervisory Body have a right, in the order established by the legislation of the Russian Federation:

a) to request and to obtain information and documents on the issues of consumer rights protection on the grounds of motivated written requests from the public authorities, bodies of local self-governance, publi organizations, manufacturers (contractors, sellers, authorized organizations, authorized individual entrepreneurs, importers);

b) to visit territory, buildings, premises and constructions used by the manufacturer (contractor, seller, authorized organization, authorized individual entrepreneur, importer) without limitations in the process of implementation of their activities, for the purpose of carrying out the measures of control upon presentation of official certification and copy of order (direction) of the head (deputy of head) of State Supervisory Body on the performance of inspection;

c) to carry out selection of samples and specimens of goods intended for sale and being sold to the consumers for carrying out researches, trials of them;

d) to deliver to manufacturers (contractors, sellers, authorized organizations, authorized individual entrepreneurs, importers) orders on cessation of violation of consumer rights, cessation of violations of obligatory requirements, on carrying out measurements on ensuring prevention of harm to life, health and property of consumers and to the environment;

e) to draw up reports on administrative offences in the area of consumer rights protection, to investigate cases of the mentioned administrative offences and to take measures for their prevention;

f) to direct to the authorized bodies the materials connected with violations of obligatory requirements in order to settle the matters of initiation of criminal cases upon signs of crimes;

g) to apply to a court with statements on protection of consumer rights, legitimate interests of a general circle of consumers, and also with statements on liquidation of manufacturer (contractor, seller, authorized organization, authorized individual entrepreneur, importer) for repeated (2 and more times during 1 calendar year) or gross (the one that entailed death or mass diseases, poisonings of people) violation of consumer rights.

11. The officials carrying out federal state supervision in the area of consumer rights protection bear responsibility in correspondence with the legislation of the Russian Federation.