ST 140 of the Criminal Code of the Russian Federation.
Unlawful refusal by an official to provide documents and materials collected in the prescribed manner that directly affect the rights and freedoms of a citizen, or providing a citizen with incomplete or knowingly false information, if these actions caused harm to the rights and legitimate interests of citizens, is punishable by a fine of up to two hundred thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years.
Commentary to Art. 140 Criminal Code
1. The subject of the crime is documents and materials located in state authorities or local government bodies and collected in the established (i.e. only legal) manner that directly affect the rights and freedoms of a citizen (for example, materials of official investigations, prosecutorial checks, etc. .), as well as incomplete or deliberately false information in such documents and materials.
2. The objective side is characterized by alternatively provided inaction (illegal refusal to provide documents and materials collected in the prescribed manner that directly affect the rights and freedoms of a citizen, in any form) or action (providing incomplete or deliberately false information in such documents and materials), resulting from the commission of an act, the consequence (harm to the rights and legitimate interests of citizens) and the causal relationship between the act and the consequence. The methods of committing a crime can be different (for example, direct refusal to provide information or evasion of providing it) and do not affect qualifications.
3. The crime is completed from the moment the consequences occur in the form of harm to the rights and legitimate interests of citizens.
Second commentary to Art. 140 of the Criminal Code of the Russian Federation
1. The object of the crime is the constitutional right of everyone to receive information in any legal way (Part 4 of Article 29 of the Constitution of the Russian Federation). According to Part 2 of Art. 24 of the Constitution of the Russian Federation, state authorities and local government bodies, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law.
2. The objective side of this crime is:
1) in inaction or action, i.e. in the unlawful refusal of an official to provide documents and materials collected in the prescribed manner that directly affect the rights and freedoms of a citizen, or provision of incomplete or deliberately false information to a citizen;
2) the occurrence of certain consequences;
3) the causal relationship between actions (inactions) and the specified consequences.
The crime is completed from the moment harm is caused to the rights and legitimate interests of citizens in connection with the refusal to provide the citizen with the specified information.
3. The subject of this crime is only a civil servant or a person in possession of documents and materials collected in the prescribed manner that affect the rights and freedoms of citizens (for example, officials of investigative bodies).
4. The subjective side is characterized by direct intent.
CONSUMERS' RIGHT TO INFORMATION
(concept and general requirements for information provided to the consumer)
The legislator regulates not only the procedure for providing information to the consumer, but also stipulates that the information must be appropriate. The right to information guarantees the consumer knowledge of who specifically is responsible for the quality and safety of a product, work, or service. The consumer's right to information entails the obligation of the second party to the contractual relationship to provide it. Failure to comply with such conditions will result in liability in accordance with applicable law.
The Consumer Protection Act establishes certain requirements for the information provided to the consumer. Analyzing the provisions of the Law, it can be noted that the legislator does not give a precise definition of the category “consumer information” or “consumer information”. The consumer's right to information about the manufacturer (performer, seller) and about goods (works, services) is legislatively established; the content and responsibility of the seller, performer, manufacturer for inappropriate information are determined.
In accordance with paragraph 2 of Art. 2 of the Federal Law “On Information, Information Technologies and Information Protection”, information is information (messages, data) regardless of the form of their presentation.
Thus, consumer information can be defined as a complex of information, messages, data that must be provided to the consumer. In case of failure to provide or provision of improper information, the seller, performer, or manufacturer should be held accountable in accordance with current legislation.
According to Art. 8 of the Law on the Protection of Consumer Rights, the consumer has the right to demand the provision of necessary and reliable
See: Federal Law of July 27, 2006 No. 149-FZ “On information, information technologies and information protection” // SZ RF. 2006. No. 31 (part I). Art. 3448.
information about the manufacturer (performer, seller), its mode of operation and the goods (work, services) it sells.
According to Art. 10 of the Law on the Protection of Consumer Rights, the manufacturer (performer, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice.
Often in supermarkets there are situations when one price is indicated for a product, but at the checkout the seller charges a completely different one, and, as a rule, higher than that indicated on the price tag.
Guided by paragraph 1 of Art. 10 of the Law on the Protection of Consumer Rights, the seller is obliged to promptly provide the consumer with the necessary
and
reliable information about products.
Paragraph 2 of the same article adds that
the price of the product in rubles is an integral part of this information.
In addition, the Civil Code of the Russian Federation has such a concept as an offer, i.e. documented proposal. In stores, the price tag is precisely a public offer, and the seller is obliged to sell the product to the buyer exactly at the price indicated in this offer.
Recently, many people have been faced with the imposition of forced insurance services when applying for loans. Naturally, the bank is a commercial structure and the main goal of its activities is to make a profit, so all possible methods are used. Currently, in accordance with current legislation, bank commissions and the use of small print when writing a loan agreement are already prohibited. As for insurance, it most often represents an imposed service and is not mandatory. To return the insurance, you must first file a claim with the bank; if the issue is not resolved, then go to court. As practice shows, most claims of this kind are satisfied by the court in favor of the consumer.
Timely information. This is information about a product that allows the consumer to familiarize themselves with it in a timely manner, before making a transaction, and subsequently determine the choice of purchase. Thus, the consumer has the right to familiarize himself with the effect of the product, its operation, packaging, and accompanying documentation. In addition, the consumer has the right to demand that a certificate or declaration of conformity be provided to him for review.
If information about a product was not provided at the time of its purchase, but, say, later, we should speak of untimely provision of information.
Necessary information. The necessary information in this case includes such a concept as its completeness. It takes into account the fact that the consumer may not have sufficient knowledge about the product, work, service that he wishes to purchase; the seller, manufacturer, performer, on the contrary, is obliged to be a professional in his business and therefore must provide the consumer with information in such a volume and in such a form so that the latter has a clear idea of the properties of the product, its quality, operating rules and other characteristics. This information should be enough to make an informed choice.
Thus, the information that is transmitted to the consumer must contain the appropriate amount of information, properties and characteristics of the product, work, service in order to achieve the goal of correct presentation and selection by the consumer of certain goods, work, services. It is in this case that the information can be characterized as necessary.
Reliable information. The correspondence of the information contained about a product, work, service, and their properties with reality determines the information as reliable. For example, a consumer purchased a Samsung mobile phone.
When contacting the
Samsung
the Samsung
trademark that this product was not manufactured by them. Thus, even if there are no complaints about the quality of the product, the consumer has the right to a refund on the basis that he was provided with inappropriate information about the manufacturer. Also, if the translation of information about a product into Russian is unreliable, then this can be regarded as the provision of false information to the consumer, which means that the seller will be liable under the law.
The Consumer Rights Protection Law establishes a list of information that must be provided to the consumer. In particular, these include information about the manufacturer (performer, seller) (Article 9 of the Law on the Protection of Consumer Rights) and information about the product (work, service) (Article 10 of the Law on the Protection of Consumer Rights).
Information about the manufacturer (performer, seller). This information must be communicated to the consumer when purchasing goods, work, or services. For example, information about the manufacturer of a TV is usually located in a certain place in the technical documentation or operating instructions; information on food products may be indicated on the packaging itself.
The seller or performer can place basic information about themselves on the sign. Information about the availability of a license, for example, a medical center, may be located in the registry.
According to the requirements of Art. 9 of the Law on the Protection of Consumer Rights, information about the manufacturer (seller, performer) must contain the following information:
1. Corporate name of the organization.
Article 54 of the Civil Code of the Russian Federation establishes the obligation of a legal entity to indicate the organizational and legal form in the name of its company. For example, limited liability company, public joint stock companies, etc.
An individual entrepreneur must provide the consumer with information about state registration and the name of the body that registered him. This information is placed on a special stand or sign.
2. Location of the organization.
The location of a legal entity is determined by the place of its state registration, which is carried out at the location of its permanent body. All enterprises, institutions, organizations operating on the territory of the Russian Federation must undergo state registration. According to Art. 51 of the Civil Code of the Russian Federation, a legal entity is considered created from the moment of state registration.
Information about the manufacturer must be indicated in the documents accompanying the product, on its packaging, or communicated to the consumer in other ways.
Information about the legal address of a company is not a commercial secret, therefore, in order to determine the location of the seller (executor), you can contact the registration authorities or look it up on the website of the Federal Tax Service. You will need to provide either the name of the organization or the primary state registration number/taxpayer identification number, which can be found on the company seal. An extract from the Unified State Register of Legal Entities contains basic information about the legal entity, including whether this organization is active. There is no charge for providing this service.
· 3. Organization's operating mode.
The seller and contractor independently establish the operating hours of their organization. In accordance with Art. 11 of the Law on the Protection of Consumer Rights, the operating hours of state, municipal trade, consumer and other types of services are established by decision, respectively, of the executive authorities of the constituent entities of the Russian Federation and local governments. The organization’s operating hours must be brought to the attention of consumers (start and end times of the working day, breaks, weekends or every day without days off). If the operating hours are not observed, government authorities have the right to hold the organization accountable, and the consumer has the right to demand compensation if he has suffered losses.
· 4. License information.
This requirement is not mandatory. Only if the type of activity of the seller, manufacturer, performer is subject to licensing, the consumer should be provided with information about the license number, its validity period, as well as about the authority that issued the license.
Information about the product (work, service). In the Law on the Protection of Consumer Rights, much attention is paid to what information about goods (works, services) the manufacturer (seller, performer) is obliged to provide to the consumer in order to provide him with the opportunity to make the right choice. For certain types of goods (works, services), the list and methods of reliable delivery of information to the consumer are established by the Government of the Russian Federation.
To prevent the seller from misleading the consumer about the properties of the product and its quality, the list of mandatory information allows protecting the rights and interests of the consumer.
The law obliges the seller to provide information about the basic consumer properties of goods, works, services, and in relation to food products - information about the composition; availability of food and biologically active additives indicating their names; weight and volume; date and place of manufacture and packaging; nutritional value; purpose; conditions of use and storage; methods of preparing ready meals. There is also an obligation to provide information about contraindications for the use of certain goods, works, and services.
Mandatory information about goods must also contain information about the warranty period, if established; service life or shelf life of goods of work; the price and conditions for the purchase of goods, works, services, including when providing a loan, the size of the loan, the full amount to be paid by the consumer, the repayment schedule for this amount; rules and conditions for the effective and safe use of goods, works, services; information on the energy efficiency of products; rules for the sale of goods, performance of work, provision of services; information on mandatory confirmation of conformity of goods, works, services (art. 2, 10 of the Law on the Protection of Consumer Rights).
Requirements have been established for the provision of information about the specific person who will perform the work, provide the service, and information about him, based on the nature of the work, service; providing information about the address (location), the company name of the manufacturer (performer, seller), organization or individual entrepreneur, importer; providing information on the indication of the use of phonograms in the provision of entertainment services by musical performers (Clause 2 of Article 10 of the Law on the Protection of Consumer Rights).
It must be borne in mind that if the purchased product has been used or a defect has been corrected, the consumer must be provided with information about this.
When providing services or performing work, as well as when purchasing goods, information must be provided to the consumer in a clear and accessible form. For example, information about a product can be provided in a store window, information about a service or job can be provided at a stand in a company.
Any necessary information about the manufacturer, performer and seller, as well as about goods, works and services, must be provided to the consumer, regardless of whether he has already purchased a particular product or only intends to do so.
In conclusion, we note that current legislation provides for liability for inappropriate information about the product
(work, service), as well as
the seller
(manufacturer, performer).
If the provision of unreliable or insufficiently complete information about a product (work, service), as well as the manufacturer (performer, seller) resulted in the purchase of a product (work, service) that does not have the properties necessary for the consumer, the consumer has the right to terminate the contract and demand compensation for losses caused to him .
If it is impossible to use the purchased product (work, service) for its intended purpose, the consumer has the right to demand the provision of appropriate information within a reasonably short time. If the information is not provided within the agreed period, the consumer has the right to terminate the contract, demand a refund of the amount paid for the goods and compensation for losses caused to him.
In this case, the legislator established the consumer’s obligation to return the goods to the manufacturer.
In case of harm to the life, health and property of the consumer, he has the right to present to the seller (manufacturer, performer) the requirements provided for in Art. 14 of the Law on Protection of Consumer Rights.
Information taken from the source: https://studref.com/326603/pravo/pravo_potrebiteley_informatsiyu
