GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated 10.11.11 N 924
ON APPROVAL OF THE LIST OF TECHNICALLY COMPLEX GOODS
In accordance with Article 18 of the Law of the Russian Federation "On Protection of Consumer Rights", the Government of the Russian Federation decides:
1. Approve the attached list technically complex goods.
2. Recognize as invalid Decree of the Government of the Russian Federation dated May 13, 1997 N 575 "On approval of the list of technically complex goods in respect of which the consumer's requirements for their replacement are subject to satisfaction in the event of significant shortcomings in the goods" (Collected Legislation of the Russian Federation, 1997 , N 20, item 2303).
Prime Minister
Russian Federation
V. PUTIN
Approved
Government Decree
Russian Federation
dated November 10, 2011 N 924
LIST OF TECHNICALLY COMPLEX GOODS
(as amended by Decrees of the Government of the Russian Federation of May 27, 2016 N 471,
dated September 17, 2016 N 929, dated March 27, 2019 N 327)
1. Light aircraft, helicopters and aircrafts with engine internal combustion(with electric motor)
2. Passenger cars, motorcycles, scooters and vehicles with an internal combustion engine (with an electric motor), designed for road traffic common use
3. Tractors, motoblocks, motor cultivators, machines and equipment for Agriculture with internal combustion engine (with electric motor)
4. Snowmobiles and vehicles with an internal combustion engine (with an electric motor) specially designed for driving on snow
5. Sports, tourist and pleasure vessels, boats, boats, yachts and floating vehicles with an internal combustion engine (with an electric motor)
6. Equipment for navigation and wireless communications for domestic use, including satellite communications, having touch screen and having two or more functions
7. System units, stationary and portable computers, including laptops, and personal electronic computers
8. Laser or inkjet multifunction devices, monitors with a digital control unit
9. Sets of satellite television, game consoles with a digital control unit
10. TVs, projectors with a digital control unit
11. Digital photo and video cameras, lenses for them and optical photo and cinema equipment with a digital control unit
12. Refrigerators, freezers, combined refrigerator-freezers, dishwashers, automatic washing machines, dryers and washer-dryers, coffee machines, food processors, electric and combined gas-electric stoves, electric and combined gas-electric hobs, electric and combined gas-electric ovens, built-in microwave ovens stoves, robotic vacuum cleaners, air conditioners, electric water heaters.
(clause 12 as amended by Decree of the Government of the Russian Federation of March 27, 2019 N 327)
13. Wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions
(Clause 13 was introduced by Decree of the Government of the Russian Federation of May 27, 2016 N 471)
14. Electrified tools (hand-held and portable electric machines)
(clause 14 was introduced by Decree of the Government of the Russian Federation of September 17, 2016 N 929)
On November 24, 2011, a new Decree of the Government of the Russian Federation No. 924 came into force, changing the list of technically complex goods in respect of which the consumer's requirements for their replacement must be satisfied if significant defects are found in the goods.
Of course, I could not stand aside and comment on this decision from the point of view of both the seller and the consumer.
In accordance with Article 18 of the Law of the Russian Federation "On Protection of Consumer Rights", the Government of the Russian Federation decides:
Approve the attached list of technically complex goods. Recognize as invalid Decree of the Government of the Russian Federation of May 13, 1997 N 575 "On approval of the list of technically complex goods in respect of which the consumer's requirements for their replacement are subject to satisfaction in the event of significant defects in the goods" (Collected Legislation of the Russian Federation, 1997, N 20, article 2303).
According to the new TST list, millions of consumers household appliances living in the Russian Federation have lost the right to return or exchange many types of defective household appliances. All these types of equipment, according to the Consumer Protection Law, can now be returned or exchanged only after repair.
If the old list of technically complex goods in respect of which the consumer's requirements for their replacement are subject to satisfaction in the event that significant defects are found in the goods contained approximately 30% of types of household appliances, then its new edition, in accordance with Resolution No. 924, expanded this list to 80%.
On the one hand, the need to edit this list of TSTs has long been obvious and necessary. For 15 years from the date of entry into force of Decree No. 575, containing the first edition of the list, technical progress stepped forward very far and many technically complex types of household appliances appeared, which were not in the old list.
On the other hand, Decree No. 924, approving new list, greatly limited the rights of consumers and tilted the legislative "scale" in favor of sellers and manufacturers. Based on the fact that the Law on the Protection of Consumer Rights was, to put it mildly, far from perfect, now all of its "Protection" is very doubtful. A large expansion of the range of those groups of household appliances that Decree No. 924 classified as technically complex will lead to the fact that the vast majority of consumers, after 15 days after purchasing the product and identifying a defect in it, will have to wait for repairs, maximum term which is 45 days.
Interestingly, the decrease in the level of protection of the rights and interests of 140 million consumers occurred on the eve of the election of deputies State Duma and the President of the Russian Federation. In addition, such a decrease in protection is fundamentally at odds with global practice, since in many economically developed countries the degree of protection of the rights and interests of consumers is constantly increasing through the development of legislation in this area. Most European countries you can return or exchange the goods in the presence of any defect, and in some cases even in the absence of defects, simply because the consumer changed his mind about purchasing.
Of course, one can discuss and condemn Decree No. 924 for a long time, like most similar legislative documents adopted by our government for last years, but since this moment we can’t change anything, it remains to try to deal with the list of technically complex goods in respect of which the consumer’s requirements for their replacement are subject to satisfaction in the event that significant defects are found in the goods, which began to operate from November 24, 2011.
Let's take a closer look at it and take it apart.
1. Light aircraft, helicopters and powered aircraft
internal combustion (with electric motor)
This point is clear without explanation - if you are going to buy any aircraft (a toy or a real one) in the near future, then be sure to just return it or exchange it will not be possible - you will have to repair it.
2. Passenger cars, motorcycles, motor scooters and vehicles with an internal combustion engine (with an electric motor) intended for movement on public roads.
Everything seems to be clear here too - all cars, motorcycles and other vehicles, including toys, if they have an engine installed.
3. Tractors, motoblocks, motor cultivators, machinery and equipment for agriculture with an internal combustion engine (with an electric motor).
It also doesn't need consideration.
4. Snowmobiles and vehicles with an internal combustion engine (with an electric motor) specially designed for driving on snow.
All with an engine to move on the SNOW.
5. Sports, tourist and pleasure vessels, boats, boats, yachts and transport floating facilities with an internal combustion engine (with an electric motor).
Swimming is now also better without breakdowns, otherwise it will take a long time to repair.
6. Equipment for navigation and wireless communications for domestic use, including satellite communications, having a touch screen and having two or more functions.
This point will upset many consumers. At the moment, many forums are debating what exactly refers to "equipment for navigation and wireless communications for domestic use." But, I think that it is useless to argue here - all navigators and cell phones, regardless of price and filling, as well as satellite communication devices with a touch screen, now also cannot be exchanged or returned if a malfunction is detected. Repair only.
7. System blocks, stationary and portable computers, including laptops, and personal electronic computers.
This paragraph of Resolution No. 924 clarified, in contrast to the previous edition, what exactly the legislator means by the concept of "computers". Please note that the concept of "peripheral devices" is no longer used. Therefore, such goods as mice, keyboards, modems, routers, etc. can now be returned or exchanged without repair if a defect is found. In addition, it turns out that all the component blocks for computers, such as motherboards, video cards, sound cards, etc., purchased separately, are also not included in this list.
8. Laser or inkjet multifunction devices, monitors with a digital control unit.
Here it is worth clarifying that this item refers specifically to MFPs, not printers or scanners individually.
9. Sets of satellite television, game consoles with a digital control unit.
With game consoles, everything is clear - they all have digital blocks. But if you buy a satellite dish or a receiver for it separately, then it's kind of like not a kit - it's not entirely clear and debatable.
10. TVs, projectors with a digital control unit.
Absolutely all modern TVs, because tube ones are no longer produced. Also, all projectors, except for film ones, if anyone else remembers such.
11. Digital photo and video cameras, lenses for them and optical photo and film equipment with a digital control unit.
With digital cameras, everything is clear, but what to attribute to film equipment is not entirely clear to me. For example, a home theater or DVD player Is this film equipment or not?
12. Refrigerators, freezers, washing machines and dishwashers, coffee machines, electric and combined stoves, electric and combined ovens, air conditioners, electric water heaters with electric motor and (or) microprocessor automation.
This listing is also very funny. Everything seems to be clear, but the criteria for choosing product groups remain a mystery. Why, for example, have they forgotten about gas stoves? Coffee machines are included in the list, but for some reason there are no bread machines.
It’s all strange somehow, and one gets the feeling that the people who made up this list, were not quite in the subject and if they had a technical education and not a legal one, they would not have been writing a list of 12 points for several years.
The adoption of Decree No. 924 clearly shows the incompetence of the people who made it, since a lot of commodity items remained unclear and, as in the previous edition, there are many opportunities for a dual interpretation of which group the product belongs to - technically complex or not. Whether it is possible to demand its return or exchange again will be decided by the eloquence of lawyers.
We, consumers and sellers, can only hope that in connection with the adoption of a new list of technically complex goods in respect of which the consumer's requirements for their replacement are subject to satisfaction in the event that significant shortcomings are found in the goods, the number of conflict situations related to selling low quality equipment. What about the increasing load on service centers the quality of repairs will not fall and its terms will not increase.
And in a week we will all go together and vote for a government that thinks about our well-being, our protection, and we will look to the future with confidence.
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Decree of the Government of the Russian Federation of November 10, 2011 N 924
"On approval of the list of technically complex goods"
In accordance with Article 18 of the Law of the Russian Federation "On Protection of Consumer Rights", the Government of the Russian Federation decides:
2. Recognize as invalid the Decree of the Government of the Russian Federation of May 13, 1997 N 575 "On approval of the list of technically complex goods in respect of which the consumer's requirements for their replacement are subject to satisfaction in the event of significant defects in the goods" (Collected Legislation of the Russian Federation, 1997 , N 20, item 2303).
List of technically complex goods
(approved by Decree of the Government of the Russian Federation of November 10, 2011 N 924)
With changes and additions from:
1. Light aircraft, helicopters and aircraft with an internal combustion engine (with an electric motor)
2. Passenger cars, motorcycles, motor scooters and vehicles with an internal combustion engine (with an electric motor) intended for movement on public roads
3. Tractors, motoblocks, motor cultivators, machinery and equipment for agriculture with an internal combustion engine (with an electric motor)
4. Snowmobiles and vehicles with an internal combustion engine (with an electric motor) specially designed for driving on snow
5. Sports, tourist and pleasure vessels, boats, boats, yachts and floating vehicles with an internal combustion engine (with an electric motor)
6. Navigation and wireless communication equipment for domestic use, including satellite communications, having a touch screen and having two or more functions
7. System units, stationary and portable computers, including laptops, and personal electronic computers
8. Laser or inkjet multifunction devices, monitors with a digital control unit
9. Sets of satellite television, game consoles with a digital control unit
10. TVs, projectors with a digital control unit
11. Digital photo and video cameras, lenses for them and optical photo and cinema equipment with a digital control unit
12. Refrigerators, freezers, combined refrigerator-freezers, dishwashers, automatic washing machines, dryers and washer-dryers, coffee machines, food processors, electric and combined gas-electric stoves, electric and combined gas-electric hobs, electric and combined gas-electric ovens, built-in microwave ovens ovens, robotic vacuum cleaners, air conditioners, electric water heaters
13. Wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions
Information about changes:
Decree of the Government of the Russian Federation of September 17, 2016 N 929 The list was supplemented by paragraph 14
14. Electrified tools (hand-held and portable electric machines)
If defects are found in a technically complex product, the buyer has the right to demand a refund of the amount paid or exchange it for an appropriate one (similar or other brand, model and (or) article). You can submit your claims within 15 days from the date of transfer of the goods to the consumer. This period is not limited if the detected deficiencies are significant or the established time frame for their elimination is violated. Another reason is that the product cannot be used during each year of the warranty period in the aggregate for more than 30 days due to the repeated elimination of its various shortcomings.
A new list of such goods has been established.
Dishwashers and coffee machines, electric and combined stoves (ovens), air conditioners, electric water heaters, satellite TV sets, game consoles with a digital control unit are additionally classified as technically complex goods. These are also light aircraft, helicopters and aircraft, laser or inkjet multifunctional devices, monitors with a digital control unit, etc.
ON APPROVAL OF THE LIST OF TECHNICALLY COMPLEX GOODS
No. 471 dated May 27, 2016, No. 929 dated September 17, 2016, No. 327 dated March 27, 2019)
Prime Minister
Russian Federation
V. PUTIN
APPROVED
Government Decree
Russian Federation
dated November 10, 2011 N 924
LIST OF TECHNICALLY COMPLEX GOODS
(as amended by Decrees of the Government of the Russian Federation of 05/27/2016 N 471, of 09/17/2016 N 929, of 03/27/2019 N 327)
1. Light aircraft, helicopters and aircraft with an internal combustion engine (with an electric motor)
2. Passenger cars, motorcycles, motor scooters and vehicles with an internal combustion engine (with an electric motor) intended for movement on public roads
3. Tractors, motoblocks, motor cultivators, machinery and equipment for agriculture with an internal combustion engine (with an electric motor)
4. Snowmobiles and vehicles with an internal combustion engine (with an electric motor) specially designed for driving on snow
5. Sports, tourist and pleasure vessels, boats, boats, yachts and floating vehicles with an internal combustion engine (with an electric motor)
6. Navigation and wireless communication equipment for domestic use, including satellite communications, having a touch screen and having two or more functions
7. System units, stationary and portable computers, including laptops, and personal electronic computers
8. Laser or inkjet multifunction devices, monitors with a digital control unit
9. Sets of satellite television, game consoles with a digital control unit
10. TVs, projectors with a digital control unit
11. Digital photo and video cameras, lenses for them and optical photo and cinema equipment with a digital control unit
12. Refrigerators, freezers, combined refrigerator-freezers, dishwashers, automatic washing machines, dryers and washer-dryers, coffee machines, food processors, electric and combined gas-electric stoves, electric and combined gas-electric hobs, electric and combined gas-electric ovens, built-in microwave ovens stoves, robotic vacuum cleaners, air conditioners, electric water heaters.
List of technically complex goods for which a special return and exchange procedure is applied under Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights", approved by Decree of the Government of the Russian Federation of November 10, 2011 N 924.
We will tell you how to determine whether a product is technically complex, what items are included in the list of technically complex products in 2018, what is the peculiarity of returning such goods to the seller in case of defects.
What is a technically complex product? List 2018
Approved by Decree of the Government of the Russian Federation of November 10, 2011 N 924 is closed. No changes were made to it in 2018. The list includes vehicles with an internal combustion engine (cars, snowmobiles, motorcycles), aircraft, boats, computers, most household appliances and electronics, etc.
For a long time, this list remained unchanged, but in 2016 it was specified in order to reflect technical progress on paper, on the one hand, and, on the other hand, to reduce the number of disputes as to whether a particular product is technically complex. In particular, the list includes mechanical, electro-mechanical and electronic watches with two or more functions, as well as electrified portable tools. Previously, disputes have repeatedly arisen about whether a drill or an electric hammer belongs to technically complex goods. The Decree of the Government of the Russian Federation put an end to these disputes.
The list of technically complex goods in 2018:
- Light aircraft, helicopters and aircraft*;
- Passenger cars, motorcycles, motor scooters and vehicles intended for movement on public roads*;
- Tractors, motoblocks, motor cultivators, machines and equipment for agriculture*;
- Snowmobiles and vehicles specially designed for driving on snow*;
- Sports, tourist and pleasure vessels, cutters, boats, yachts and transport craft*;
- Navigation and wireless communications equipment for domestic use, including satellite communications, having a touch screen and having two or more functions;
- System units, stationary and portable computers, including laptops, and personal electronic computers;
- Laser or inkjet multifunction devices, monitors with a digital control unit;
- 9. Sets of satellite television, game consoles with a digital control unit;
- TVs, projectors with digital control unit;
- Digital photo and video cameras, lenses for them and optical photo and film equipment with a digital control unit;
- Refrigerators, freezers, washing machines and dishwashers, coffee machines, electric and combined stoves, electric and combined ovens, air conditioners, electric water heaters with an electric motor and (or) microprocessor automation;
- Wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions/
- Electrified tools (hand-held and portable electric machines).
The goods specified in the list in paragraphs 1 to 5 must be equipped with internal combustion engines (electric motors) in order to be considered technically complex.
What is a technically complex product?
A technically complex product is a product durable, which performs at least two functions, with a complex internal device, which has an instruction manual, safety rules and a warranty period. However, the belonging of a product to technically complex is determined not on the basis of compliance with the formal definition, but on the basis of compliance with the list, which is closed. In the event of a dispute as to whether the product is included in this list, an examination is appointed.
Rights of the consumer of a technically complex product
The return and exchange of a thing included in the list of technically complex goods in 2018 takes place in the manner prescribed by Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights". The buyer may refuse to execute the contract of sale only if defects are found in the technically complex product. He has 15 days to do this from the date of receipt of the goods.
If the buyer submits a request to the store to replace the product with a similar one (if necessary, with a commensurate reduction in price), then it must be completed within 7 days if there is no dispute about the presence of a defect, and within 20 days if additional quality control is required. At the examination, the consumer has the right to be present and even film it. The demand of the consumer to return the money must be satisfied within 10 days after presentation to the seller.
If more than 15 days have passed since the purchase, then return the goods to the seller due to common disadvantage will be impossible. The right to a refund can only be asserted within this period:
- if there are significant shortcomings of a technically complex product;
- deadlines for eliminating deficiencies (45 days) have been violated;
- inability to use the product during each year of the warranty period in the aggregate more than 30 days due to the repeated elimination of its various shortcomings.
It is important to remember that technically complex products from the list of 2018 WITHOUT FAULTS cannot be exchanged or returned within two weeks from the date of purchase, as they belong to the group of technically complex household goods, which are warranty periods(according to Decree of the Government of the Russian Federation No. 55 of 19.01.1998).
What is a major product defect?
If the defect cannot be eliminated (it appears again and again after repair), or a disproportionate amount of time and money will have to be spent to eliminate it, then it is considered significant.
Claim to the seller - return of a technically complex product
In order to exercise the consumer rights listed in Art. 18 POZPP, you will need to write a claim. This is the simplest document, which is drawn up in writing on behalf of the buyer in the name of the seller, indicating the details of both parties (name, address, telephone number). The claim in free form sets out the essence of the shortcomings found in the product from the list of technically complex, and states the requirement, for example, to replace the technically complex product with a similar product of the same brand.
The claim is drawn up in two copies, one of which is given to the seller, and the second with a note of acceptance and the date remains with the buyer. If necessary, the claim can be sent by mail to the address of the seller by registered mail with acknowledgment of receipt and a description of the attachment. The deadline for responding to a claim is 10 days (Article 22 of the POZPP).
lawsuit
If the seller did not satisfy the claim for a refund for defective goods from the list of technically complex ones, then you can safely go to court at the location of the plaintiff, defendant or at the place where the contract of sale was concluded. In 2018, the lawsuit is filed:
- to the Magistrate's Court, if the amount of claims is less than 50,000 rubles;
- to the district court, if more than 50,000 rubles.
The price of the claim includes only material claims, so you can safely ask to reimburse 49,000 rubles for a defective laptop plus another 50,000 for moral damage and go with such a lawsuit to a justice of the peace. State duty on claims up to 1,000,000 rubles is not paid.
One of the claims under Art. 18 POZPP:
- terminate the contract of sale and return the money paid;
- replace with a product of the same brand (the same model and (or) article) or with the same product of another brand (model, article) with recalculation of the price;
- proportionally reduce the purchase price (usually presented in case of defective parts or in a similar situation);
- the requirement to immediately eliminate the defects of the goods free of charge.
It is possible to add to the requirements the reimbursement of related expenses that the consumer had to incur in connection with the purchase of low-quality technically complex goods. These may be transportation costs, the cost of an examination carried out at your own expense, and other losses. It is imperative to demand compensation for non-pecuniary damage and court costs, which include the costs of a representative - a lawyer for the protection of consumer rights.
