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Appendices

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^jko і ї jda: № t. € ї ііі I and ■ рФіщмздш

' ZzheshrT ^ І aot

E.o'F'ZPP

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The scheme 2.

Structure of the legislation on retail purchase and sale

Edition of the Governmental order of the Russian Federation offered by the author of dissertation from May, 13th, 1997 № 575 "About the statement of the list of technically difficult goods in which relation of the requirement of the consumer under the contract retail ku pli-sales about their replacement come under to satisfaction in case of detection in the goods of essential lacks"

The governmental order of the Russian Federation from May, 13th, 1997 № 575

"About the statement of the list of technically difficult goods in which relation of the requirement of the buyer under the contract of retail purchase and sale on their replacement come under to satisfaction in case of detection in the goods of essential lacks"

According to article 503 GK the Russian Federation and with article 18 of the Law of the Russian Federation "About protection of the rights of consumers" (Meeting of the legislation of the Russian Federation, 1996, N 3, item 140) the Government of the Russian Federation enacts:

To approve the applied list of technically difficult goods in which relation of the requirement of the buyer about their replacement come under it is satisfied and ju in case of detection in the goods of essential lacks.

The appendix

The list of technically difficult goods in which relation of the requirement of the buyer about their replacement come under to satisfaction in case of detection in the goods of essential lacks ^

1. Vehicles and number units to them

2. Motorcycles, motor scooters

3. Snowmobiles

4. Boats, yachts, boat motors

5. Refrigerators and deep-freezers

6. Washing machines automatic

7. Personal computers with the basic remote terminal units

8. Tractors agricultural, motor-blocks, motor-cultivators

* Instead of a presentation of requirements about replacement of the goods the buyer has the right to refuse according to the civil legislation execution of a contract of retail purchase and sale and to demand return of the sum of money paid for the goods.

p/p

Conditions

Articles

The buyer The consumer
і Condition about a duty of the seller to transfer to the buyer simultaneously with a thing of its accessory and documents concerning it (characteristics sheet, the quality certificate, the maintenance instruction and t, the item) 456 GK THE RUSSIAN FEDERATION d And
2 Condition about term of transfer of the goods to the buyer 457 GK THE RUSSIAN FEDERATION d i/d
3 Condition about the moment of discharge of duty of the seller to transfer the goods 458 GK THE RUSSIAN FEDERATION d i/d
4 Condition about transition of risk of accidental loss of the goods 459 GK THE RUSSIAN FEDERATION d i/d
5 Condition about a duty of the seller to transfer to the buyer the goods free from the rights of the third LII 460 GK THE RUSSIAN FEDERATION And And
6 Condition about responsibility of the seller in case of withdrawal of the goods at the buyer 461 GK THE RUSSIAN FEDERATION And And
7 Condition about duties of the buyer and the seller in case of suing about goods withdrawal 462 GK THE RUSSIAN FEDERATION And And
8 Condition about responsibility of the seller in case of default of a duty by it to transfer the goods 463 (' TO THE RUSSIAN FEDERATION And And
9 Condition about the rights of the buyer in a case when accessories or the documents concerning the goods, are not transferred by the seller in time 464 GK THE RUSSIAN FEDERATION d And
10 Conditions about consequences of infringement of a condition about quantity of the goods 466 GK THE RUSSIAN FEDERATION D i/d
11 Condition about goods assortment 467 GK THE RUSSIAN FEDERATION D i/d
12 Conditions about the rights of the buyer in slu ch ae gshrushez shja having sold tsom conditions about goods assortment 468 GK THE RUSSIAN FEDERATION D I/d
13 Condition about quality of the goods 469 GK THE RUSSIAN FEDERATION;

4 Laws about ZPP

i/d I/d
14 Condition about distribution of the quality assurance of the goods on all parts constituting it (completing products) 470 GK THE RUSSIAN FEDERATION;

Item Z Law item 19 about

D j i/d
zpp
15 Condition about the moment from which starts to flow гараіггишшй term P, 1 ITEMS

471 GK the Russian Federation; item Z Law item 19 about ZPP

D i/d
16 The condition about the moment, with kotrogo starts to flow a warranty period in case the buyer is deprived possibility to use the goods on the circumstances depending on the seller And.
2 items 471

GK the Russian Federation; item 2 of item 19 of the Law about ZPP

AND And
17 Condition about time for which the warranty period is enlarged in case the goods could not be used because of the lacks found out in it 2 items 471 GK the Russian Federation; item Z Law item 20 about ZPP D I/D
18 Condition about the moment from which the pas warranty period a completing product starts to flow And. 3 st, 471

GK the Russian Federation; p, 3 items 19 of the Law about ZPP

d i/d
19 Condition about an establishment of a warranty period for the goods (a completing product), transferred by the seller instead of the goods (a completing product) in which during a warranty period lacks have been found out Item 471 item 4

GK the Russian Federation; item Z, 4 items

20

The law about ZPP

d i/d
20 Condition about a duty of the seller to transfer to the buyer the goods, to which target date of the validity so that it could be used but to appointment before the validity expiry of the term Item item 2

472 GK THE RUSSIAN FEDERATION

d i/d

і

I

21 Condition about calculation of working life of the goods Item 473 GK the Russian Federation; Law item 19 about ZPP And And
22 Condition about a procedure for test of quality of the goods Item item 1

474 GK THE RUSSIAN FEDERATION

And And
23 Condition about consequences of transfer of the goods of inadequate quality Item of I item 475

GK the Russian Federation; item 18

AND And
The law on the ZIP
24 Condition about consequences of transfer of the goods in case of material breach of requirements to its quality Item 475 item 2

GK the Russian Federation; item 1,4 of item IS

The law about ZPP

AND And
25 Condition about consequences of transfer of a part of the goods entering into the complete set, inadequate quality Item 475 item 4

GK the Russian Federation; item Z Law item 19 about ZPP

AND And
26 Condition about goods lacks for which the seller answers Item 476 GK the Russian Federation; p, 6 items 18 of the Law about ZPP AND And
27 Condition about terms of detection of lacks of the transferred goods Item 477 GK the Russian Federation; Law item 19 about ZPP AND And
28 Condition about completeness of the goods Item 478 GK the Russian Federation D i/d
29 Condition about the complete set of the goods Item 479 GK the Russian Federation D i/d
20 Condition about consequences of transfer of the incomplete goods Item 480 GK the Russian Federation D i/d
31 Condition about a duty of the seller to transfer to the buyer the goods in container and (or) packing Item item 1

481

GK THE RUSSIAN FEDERATION

d I/d
32 Condition about a way casing (packing) of the goods Item item 2

481 GK THE RUSSIAN FEDERATION

d I/d
33 Condition about consequences of transfer of the goods without container and (or) packings or in inadequate container and (or) packing Item 482 GK the Russian Federation d i/d
34 Condition about a duty of the buyer to inform the seller on inadequate execution of a contract st, 483 GK the Russian Federation And And
35 Condition about a duty of the buyer to accept the goods And. 1 items

484 GK THE RUSSIAN FEDERATION

And And
36 Condition about fulfilment by the buyer necessary for transfer and reception maintenance Item item 2

484 GK THE RUSSIAN FEDERATION

d I/d
The goods of actions
37 Condition about the goods price STn 485 GK the Russian Federation i/d i/d
38 The condition about the right of the seller at the choice to demand payment of the goods or to refuse execution of a contract if the buyer in breach of contract ku 11j і and-sales and from kaly vaetsja to accept and pay the goods p, 4 items

486 GK THE RUSSIAN FEDERATION

And And
39 Condition about the right of the buyer to refer to a testimony confirming to making contract and its conditions, in absence at it cash or the cash-memo or other document confirming payment of the goods Item 493 GK the Russian Federation; item 5 of item 18 of the Law about the ZIP And And
40 Condition about the right of the buyer within fourteen days from the moment of transfer to it neprodovolstvennogo to exchange the similar goods of others of the size, the form, a dimension, a style, a colouring or a complete set are bought nyj the pas goods Item item 1

502

GK the Russian Federation; item 1 of item 25 of the Law about ZSH

And And
41 Condition about the right of the buyer at absence neobh odes and m ogo for an exchange of the goods at the seller to return the got goods and to receive paid for pego a sum of money Item item 1

502

GK the Russian Federation; item 2 st, 25 Laws about ZPP

And And
42 Condition about the inventory, doing not come under to an exchange or return Item item 2

502

GK the Russian Federation; item 1 of item 25 of the Law about ZPP

And And

і

43 Condition about the rights of the buyer in case of sale to it of the goods of inadequate quality Item 503 GK the Russian Federation; Law item 18 about ZPP And And
44 Condition about difference compensation in the price at goods replacement, reduction of a purchase price and return of the goods of inadequate quality Item 504 GK the Russian Federation of item 1 of item 18 of the Law about ZPP And

I

And
45 Condition about a duty of the seller to execute the obligation in nature, in case of default of the contractual obligation by it Item 505 GK the Russian Federation of item Z st, 13 Laws about And And
Retail purchase and sale zpp
Conditions of some kinds of the contract rovnichnoj purchase and sale: the contract of retail purchase and sale, the prisoner through the automatic machine
46 Condition about a duty of the seller on request of the buyer immediately to give it the goods or to return the sum paid to it, in case p about ku a stalemate lju not p re having got l I etsja the paid goods IL 3 items 498 GK the Russian Federation AND And
47 Condition about application of rules about retail purchase and sale in cases when the automatic machine is used for exchange of money, acquisitions of signs on payment or exchange n. 4 items

498 GK THE RUSSIAN FEDERATION

AND And
The contract of retail purchase and sale, the prisoner with a condition about the advance payment

The goods

48 Condition about that a neopayment the buyer of the goods in ustan ovlepp yj the contract the ohm sro to admits its refusal of execution of a contract gg, 2 items

500 GK THE RUSSIAN FEDERATION

d d
The contract of retail purchase and sale on credit (including with payment by instalments)
49 Condition about payment of percent on about срочеі shuju the sums at in a case when the buyer does not execute a duty on payment of the transferred goods in the term established by the contract Item 3 st, 500 GK the Russian Federation And And
50 Condition about the right of the buyer to pay the goods at any time in limits ustan about vl ennogo the contract of the period of instalments of payment of the goods Item item 3

500 GK THE RUSSIAN FEDERATION

And And
The contract of retail purchase and sale on samples
51 Condition about the right of the buyer to refuse execution of a contract before goods transfer under a condition in z meshchen ija and ro d av tsu necessary rash about to in, the actions suffered in connection with fulfilment on enforcement of the treaty Item 3 st, 497

GK the Russian Federation; to. 4 items 26.1

The law about ZPP

And And
The contract of retail purchase and sale with a condition about delivery of the goods to the buyer
52

53

Condition about term of delivery of the goods to the buyer 11. 1 items

499 GK THE RUSSIAN FEDERATION

d D
Condition about a place in which the goods should be delivered p, 1 items

499 GK THE RUSSIAN FEDERATION

D D
The hiring-sale contract

54 Condition about the moment of transition of the property right to the goods Item 501 GK the Russian Federation D d
55 The condition about has the right the buyer before transition to it of the property right to alienate the goods or to dispose of it otherwise st, 491 GK the Russian Federation D d
I 56

.

Condition about the right of the seller to demand from the buyer to return it the goods in a case when in time, provided by the contract, the transferred goods will not be paid or there will not come other circumstances at which the property right passes to the buyer Item 491 GK the Russian Federation d d

Result:

Buyer D And I/D 27 28 1

The consumer

D and I/D 6 29 21

1 Governmental order of the Russian Federation and g on January, 19th, 1998 Hz 55 (with jum. And dop.) "About the statement of Rules of sale separate vidon crowds of a plenty, the inventory of long using on which the requirement of the buyer about gratuitous granting to it for repair or replacement of the similar goods, and the list neprodovolstvennyh appropriate quality, not returnable or to an exchange for the similar goods of others of the size, forms, a dimension, a style does not extend, a colouring or комплектации1 * 3 4//Meeting of the legislation of the Russian Federation. - 1998, - № 4. - C r 482 g

1 Federal act of the Russian Federation от22 June, 1998 JVa Sti-ФЗ from amendment and dop.//Meeting of the legislation of the Russian Federation. - 1998. - № 26,-item 3006,

3 Federal act of the Russian Federation from January, 2nd, 2000 № 29-FZ (with izm, and dop.)//Meeting of the legislation of the Russian Federation, * 2000, -

Xs 2, - Cr, 150.

1 Russian ppeta,-! У92. - on June, 4th.

"Item 40 item 2,5, item 2 of item 42 FZ flO to protection of the rights of consumers".

* The Russian messages. - і 996, * on May, *30.

1 Till 1998 in the Russian Federation Rules of sale of separate - kinds food and neprodovolstvennyh operated, approved by the Government of the Russian Federation in 1993 These Rules contained general provisions, and also features of sale of separate groups of the goods (bread and bakery products, meat, dairy, eggs, mar hectares ril, fish, fabrics, clothes, footwear, the radio goods and the electrohousehold goods),

Besides, operated in the form of independent certificates of the Rule of sale new avtomototransportnyh means, the fur goods, products from precious metals and jewels and a number of others. Other sm about it: Balushkin I.A.T Mihajlova N.S., Pantjuhin And

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A source: Horoshavina Hope JUrevna. Legal regulation of contractual relations of retail purchase and sale. The dissertation on competition of a scientific degree of the master of laws. Kazan - 2007. 2007

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