In Rospotrebnadzor explained, in some cases, the activity of foreign online dealers is subject to Russian law
Photo: TASS/Artyom Geodakyan
The CPS has determined the criteria by which the activities of foreign of the online store falls under Russian laws. So, if foreign seller has a phrase in the Russian language, Russian-speaking is or he is within the blast zone .EN, in a conflict situation the shop is obliged to obey local laws. The court may require, and blocking the offending website the rights of Russians.
The Deputy head of the Federal service for supervision of consumer rights protection and human welfare (Rospotrebnadzor) Irina Bragina on 3 October wrote a letter to the President of the Association of companies the Internet-trade (AKIT) Alexander Fedorov (at the disposal of “Izvestia”). Earlier, in July, AKITA was sent to the Prosecutor General’s letter, which was also marked by the problem of money back from unfair foreign Internet sellers. Attorney General of the appeal of the Association was sent to the CPS.
In your response letter in AKITA service said that if a controversial case involving Russian citizen and a foreign company registered in the territory of another state, should that law of which country should apply to resolve the conflict.
As follows from the document, in such situations, you need to focus on articles 1211 and 1212 of the Civil code of the Russian Federation on the rules of eligibility, if the parties have no special agreement about his choice in conflict situations. Russian law should apply in cases where a foreign online seller focuses its activities on the domestic consumer, according to the CPS. Service representatives explained the conditions under which the actions of foreign online stores fall under Russian law.
Thus, the activities of the foreign seller subject to domestic laws, if the seller is using a domain name that’s associated with Russia (.EN, “.of the Russian Federation”, “.Moscow”, .moscow, etc.), provided the possibility of making payments in rubles or with the use of payment instruments available to consumers from Russia, either acquiring the seller is a Russian Bank or non-Bank credit institution, as well as the possibility of goods delivery on the territory of our country. The online store will find aimed at the Russian consumer, if the seller advertises on the Russian language, referring to the relevant Internet site of the seller, or there are other circumstances clearly indicating the intention of the seller to conclude the contract of purchase and sale with the Russian consumer.
In the CPS “news” reported that the ability to block access to a foreign store, if it violates the rights of Russian consumers, in the moment.
— Block the website only in case, if the court finds that there is a threat to life and health. Practice lock because of the payment of money, no, although it depends on the decision of the court, — said the Agency.
Negligent performance by the owners of the online shop of their obligations to customers is not one of the reasons that allow the court to restrict access to the site for users, says managing partner “starinsky, Cartago and partners” Vladimir starinskij. In his opinion, the blocking of resources foreign online retailers on this basis, in principle, impossible. But even if the buyer will not require the blocking of the website, and will insist, for example, the compensation funds, he risks not to get it.
— If the consumer wins the lawsuit, to execute such a judgment will actually be impossible. The exception is when a foreign seller has assets and Bank accounts directly on the territory of Russia, — says the managing partner of Gaffer & Gaffer Denis Kosenkov.
To achieve execution of decisions of bodies of Themis will only against online shops, whose owners are registered in a very limited circle of States, said the lawyer Oleg Sukhov.
Due to the fact that the decisions of the Russian courts in civil cases may be enforced in the countries with which Russia has agreements on the provision of appropriate legal assistance, he explained. — To date, similar agreements with 28 States, including China, Vietnam, Spain, Italy, Greece, Czech Republic, Poland, Bulgaria, Hungary, Slovakia, Latvia, Lithuania, Estonia, Romania and Belarus.
It remains to add that if AKIT think that the problem with the activities of unscrupulous online retailers in Russia need to decide what their colleagues from other organizations, which also combines online sellers — National Association of distance selling (NAMO) — I think that this problem does not exist. According to surveys nads, money from foreign traders to return often easier than domestic.