RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of September 29, 1994 No. 7

About practice of consideration by courts of cases on consumer protection

Having discussed materials of the carried-out studying of court practice on the cases which arose in connection with implementation and consumer protection, the Plenum of the Supreme Court of the Russian Federation notes that by consideration of this category of cases courts had questions connected using the Law of the Russian Federation "About consumer protection", requiring permission.

Considering it, and also for the purpose of ensuring the most effective and bystry consumer protection by consideration of these cases the Plenum of the Supreme Court of the Russian Federation decides to make the following explanations:

1. By hearing of cases, arisen in connection with implementation and consumer protection, it must be kept in mind that the consumer protection law governs the relations between the citizen having intention to order or acquire or ordering, acquiring or using goods (works, services) only for the personal, family, house and other needs which are not connected with implementation of business activity, on the one hand, and the organization or the individual entrepreneur making goods for realization to consumers, realizing goods to consumers according to the purchase and sale agreement, performing works and rendering services to consumers under the paid agreement - on the other hand.

Considering it, courts have no right to be guided by the consumer protection law in case of the dispute resolution, following from the relations between the citizens entering contractual relations among themselves for the purpose of satisfaction of the personal, family, house and other needs which are not connected with implementation of business activity and also from the relations arising in connection with acquisition by grazhdaninompredprinimatel of goods, accomplishment for it of works or provision of services not for personal, family, house and other needs, and for implementation of business activity or in connection with purchase of goods, performance of works and rendering services for the purpose of requirements satisfaction of the companies, organizations, organizations.

The relations regulated by the consumer protection law can arise from agreements of retail purchase and sale; leases, including hire; hiring of premises, including social hiring, regarding performance of works, rendering services in ensuring proper operation of the apartment house in which there are these premises, on provision or ensuring provision to the employer of necessary utilities, carrying out running repair of common property of the apartment house and devices for rendering utilities (item 2 of Art. 676 of the Civil Code of the Russian Federation); the contract (household, construction, the contract on accomplishment of project and prospecting works, on maintenance privatized, and also other premises which are in property of citizens); transportations of citizens, their baggage and loads; commissions; storages; from contracts for rendering the financial services directed to satisfaction of the personal, family, house and other needs of potrebitelyagrazhdanin which are not connected with implementation of business activity including loan granting, opening and account management of clients - citizens, implementation of payment under their order, services in acceptance from citizens and to storage of securities and other values, rendering consulting services to them; and other agreements directed to satisfaction of the personal, family, house and other needs which are not connected with implementation of business activity. Besides, since December 20, 1999 (time of publication of the Federal Law "About modification and amendments in the Law of the Russian Federation "About consumer protection" of November 17, 1999) the relations regulated by the consumer protection law can arise from bank deposit agreement in which investor is the citizen, and other agreements directed to satisfaction of the personal, family, house and other needs which are not connected with implementation of business activity.

2. The relations with participation of consumers are governed by the Civil code of the Russian Federation, the Law of the Russian Federation "About consumer protection", other Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them (Art. 9 of the Federal Law "About Enforcement of Part Two of the Civil Code of the Russian Federation", item 1 of Art. 1 of the Law of the Russian Federation "About consumer protection").

The law of the Russian Federation "About consumer protection", other Federal Laws and other regulatory legal acts of the Russian Federation are applied to the relations in the field of consumer protection if:

it is provided by the Civil Code of the Russian Federation (for example, item 3 of the Art. 492, item 3 of Art. 730 of the Civil Code of the Russian Federation);

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