home Partnership programs Rules for the provision of hotel services in the Russian Federation: general provisions and procedures for the provision of services. Service Rules

Rules for the provision of hotel services in the Russian Federation: general provisions and procedures for the provision of services. Service Rules

Government Russian Federation decides:

1. Approve the attached Rules for the provision of services (performance of work) for maintenance and repair of motor vehicles.

2. Recognize as invalid:

Decree of the Government of the Russian Federation of June 24, 1998 N 639 "On approval of the Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles" (Collected Legislation of the Russian Federation, 1998, N 26, Art. 3090);

paragraph 8 of the amendments and additions made to the acts of the Government of the Russian Federation on the certification of products and services, approved by the Decree of the Government of the Russian Federation of October 2, 1999 N 1104 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1999, N 41, Art. 4923).

Rules
provision of services (performance of works) for the maintenance and repair of motor vehicles
(approved by Decree of the Government of the Russian Federation of April 11, 2001 N 290)

With changes and additions from:

I. General provisions

1. These Rules, developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights", regulate the relations arising between the consumer and the contractor in the provision of services (performance of work) for the maintenance and repair of motor vehicles and their components (hereinafter referred to as motor vehicles facilities).

2. The terms used in these Rules mean the following:

"consumer" - a citizen who intends to order, or ordering, or using services (work) for the maintenance and repair of motor vehicles solely for personal, family, household and other needs not related to the implementation entrepreneurial activity;

"executor" - an organization, regardless of the legal form, as well as an individual entrepreneur, providing services to consumers (performing work) for the maintenance and repair of motor vehicles according to reimbursable contract(hereinafter referred to as the contract).

II. Information about services (works), the procedure for accepting orders and drawing up contracts

3. The contractor is obliged to bring to the attention of the consumer the company name (name) of his organization, location ( legal address) and how it works. This information must be posted on the sign.

The contractor - an individual entrepreneur must provide information about state registration indicating the name of the body that registered it.

In the event of a temporary suspension of the organization's activities for sanitary, repair and other measures, the contractor is obliged to inform consumers about the date of suspension of work and the time during which the organization will not carry out its activities.

If the type of activity carried out by the contractor is subject to licensing, the consumer must be provided with information about the number of the license, its validity period and the authority that issued the license.

4. Before the conclusion of the contract, the contractor is obliged to provide the consumer with the necessary reliable information about the services provided (works performed), which ensures the possibility of their correct choice.

This information should be placed in the room where orders are received, in a place convenient for viewing, and must contain:

a) a list of services provided (works performed) and forms of their provision;

b) the names of the standards, the mandatory requirements of which must comply with the services provided (work performed);

c) information on mandatory confirmation of compliance of the services provided (works performed) with the established requirements, if such services (works) are subject to mandatory confirmation of compliance (number and validity period of the document confirming compliance, the body that issued it);

d) prices for services rendered (works performed), as well as prices for spare parts and materials used in this case, and information on the procedure and form of payment;

e) warranty periods, if any;

f) information on the timing of orders;

g) an indication of a specific person who will provide a service (perform work) and information about him, if it matters based on the nature of the service (work).

5. Information on the mandatory confirmation of the compliance of the services provided (works performed) with the mandatory requirements that ensure their safety for the life and health of consumers, environment and prevention of harm to consumers' property, is also provided in the form of marking in the prescribed manner with a mark of conformity.

6. The contractor is also obliged to provide the consumer for review:

a) these Rules;

b) the address and telephone number of the consumer protection unit of the authority local government if such a subdivision exists;

c) samples of contracts, work orders, acceptance certificates, receipts, coupons and other documents certifying the acceptance of the order by the contractor, execution of the contract and payment for services (works) by the consumer;

d) a list of categories of consumers entitled to benefits, as well as a list of benefits provided in the provision of services (performance of work), in accordance with federal laws and other regulatory legal acts.

The contractor is obliged to inform the consumer, at his request, of other information related to the contract and the relevant service (work performed).

7. After the provision of the service (performance of work), the following information must be brought to the attention of the consumer by providing technical documentation, marking or in another way accepted for certain types of services (works), the following information:

a) on the rules and conditions for the effective and safe use of the results of the provision of services (performance of work);

b) on the service life or expiration date, as well as on the necessary actions of the consumer after the expiration of the specified periods and the possible consequences of failure to perform such actions, if after the expiration of the specified periods the motor vehicles pose a danger to the life, health and property of the consumer or become unsuitable for their intended use .

8. The contractor is obliged to timely provide the consumer with information about his organization and about the services provided (works performed) in a clear and accessible form, also in cases where the service is carried out outside the permanent location of the organization (in temporary premises, mobile teams, etc.).

9. Information must be communicated to the consumer in Russian and additionally, at the discretion of the performer, in the state languages of the constituent entities of the Russian Federation and the native languages of the peoples of the Russian Federation.

10. The Contractor is obliged to comply with the established (announced) mode of operation, which is established for state and municipal organizations, respectively, by the executive authorities of the constituent entities of the Russian Federation and local governments.

The mode of operation of organizations of a different organizational and legal form, as well as individual entrepreneurs, is established by them independently.

11. The contractor is obliged to have a book of reviews and suggestions, which is provided to the consumer at his request.

12. The contractor accepts for implementation (performance) only those services (works) that correspond to the nature of its activities.

The provision of services (performance of works) is carried out on a preliminary request or without it.

An application for the provision of a service (performance of work) can be submitted by the consumer in writing, as well as orally (by telephone). On the basis of the application, the contractor sets the date and time for the consumer to arrive and provide the motor vehicle for the provision of the service (performance of work). The Contractor is obliged to ensure registration of applications.

If the consumer does not arrive at the place of work at the appointed time, then his service is carried out in the order of the general queue.

13. The contractor is obliged to conclude an agreement if it is possible to provide the declared service (perform the declared work).

The Contractor is not entitled to give preference to one consumer over another in relation to the conclusion of the contract, except as provided by law and other regulatory legal acts.

14. The contract is concluded upon presentation by the consumer of an identity document, as well as documents proving the ownership of the motor vehicle (registration certificate, passport of the motor vehicle, reference-account). When handing over for repair individual components of a motor vehicle that are not numbered, the presentation of these documents is not required.

The consumer, who is not the owner of the motor vehicle, presents a document confirming the right to operate the motor vehicle.

The consumer who has the right to preferential service, presents documents confirming that he has such a right. The right to preferential service is retained by him even in cases where he uses a motor vehicle by proxy.

When drawing up and fulfilling the contract, the documents presented by the consumer are not withdrawn.

15. The contract is concluded in writing (work order, receipt or other document) and must contain the following information:

a) company name (name) and location (legal address) of the executing organization (for individual entrepreneur- surname, name, patronymic, information on state registration);

b) last name, first name, patronymic, phone number and address of the consumer;

c) the date of acceptance of the order, the timing of its execution. If the provision of services (performance of work) is carried out in installments during the term of the contract, the contract must accordingly provide for the terms (periods) for the provision of such services (performance of such work). By agreement of the parties, the contract may also provide for intermediate deadlines for the completion of certain stages of the provision of services (performance of work);

d) the price of the service (work performed), as well as the procedure for its payment;

e) brand, model of motor vehicle, state license plate, numbers of main units;

f) the price of a motor vehicle, determined by agreement of the parties;

g) a list of services rendered (works performed), a list of spare parts and materials provided by the contractor, their cost and quantity;

h) a list of spare parts and materials provided by the consumer, indicating information on the mandatory confirmation of their compliance with mandatory requirements, if such requirements are established by federal laws or in accordance with the procedure established in accordance with them, in particular standards;

i) warranty periods for the results of work, if any;

j) position, surname, name, patronymic of the person accepting the order (drawing up the contract), his signature, as well as the signature of the consumer;

k) other necessary data related to the specifics of the services provided (works performed).

16. The Contractor is obliged to provide the service (perform work) specified in the contract, using its own spare parts and materials, unless otherwise provided by the contract.

17. An agreement executed in the presence of the consumer (tire inflation, diagnostic work, some maintenance and repair work, washing, etc.) can be executed by issuing a receipt, token, coupon, cash receipt, etc.

18. If the consumer leaves the contractor a motor vehicle for the provision of services (performance of work), the contractor is obliged to draw up an acceptance certificate simultaneously with the contract, which indicates the completeness of the motor vehicle and visible external damage and defects, information on the provision by the consumer of spare parts and materials indicating their exact name, description and price.

The acceptance certificate is signed by the responsible person of the contractor and the consumer and certified by the seal of the contractor (if there is a seal).

Copies of the contract and acceptance certificate are issued to the consumer.

19. In case of loss of the contract, the consumer must notify the contractor. In this case, the motor vehicle is issued to the consumer on the basis of his written application upon presentation of a passport or other identification document.

20. The consumer has the right, at his choice, to entrust the contractor with carrying out certain types of maintenance and repair work.

The contractor is not entitled to provide additional services (perform work) for a fee without the consent of the consumer, as well as condition the provision of some services (performance of work) on the mandatory performance of others.

The consumer has the right to refuse to pay for services rendered without his consent (work performed), and if they have already been paid, to demand the return of the amounts paid for them.

21. The contractor is obliged to immediately notify the consumer and, until receiving instructions from him, suspend the provision of the service (performance of work) in the event of:

a) detection of unsuitability or poor quality of spare parts and materials received from the consumer;

b) if compliance with the instructions of the consumer and other circumstances depending on the consumer may reduce the quality of the service provided (work performed) or lead to the impossibility of completing it on time.

22. The contractor who did not warn the consumer about the circumstances specified in paragraph 21 of these Rules or continued to provide the service (performance of work) without waiting for the expiration of the period specified in the contract (and in its absence, a reasonable period for responding to the warning) or not taking into account the timely indication of the consumer on the termination of the provision of services (performance of work), is not entitled to refer to these circumstances when presenting relevant requirements to him or them to the consumer.

If the consumer, despite a timely and reasonable warning from the contractor, does not replace unsuitable or substandard spare parts and materials within a reasonable time, does not change instructions on the method of providing the service (performance of work), or does not eliminate other circumstances that may reduce the quality of the service provided ( performed work), the contractor has the right to terminate the contract and demand full compensation for losses.

III. Procedure for payment for services rendered (work performed)

23. The procedure for payment for the service rendered (work performed) is determined by the contract between the consumer and the contractor.

The consumer is obliged to pay for the service (work performed) provided by the contractor in full after it is accepted by the consumer. With the consent of the consumer, the service (work) can be paid by him at the conclusion of the contract in full or by issuing an advance payment.

Spare parts and materials provided by the contractor are paid by the consumer at the conclusion of the contract in full or in the amount specified in the contract, with the condition of final payment upon receipt by the consumer of the service provided by the contractor (work performed), unless a different procedure for payment for spare parts and materials of the contractor is provided by the agreement sides.

In accordance with the contract, spare parts and materials can be provided by the contractor on credit, including the condition of payment by the consumer in installments.

24. The price of the service provided (work performed) in the contract is determined by agreement between the contractor and the consumer. If the price for any type of service (work) is set or regulated government bodies, then the price determined by the contract between the contractor and the consumer cannot be higher than it.

25. An estimate may be drawn up for the provision of the service (performance of work) provided for by the contract. Drawing up such an estimate at the request of the consumer or contractor is mandatory.

In cases where the service (work) is provided (performed) in accordance with the estimate drawn up by the contractor, the estimate becomes part of the contract from the moment it is confirmed by the consumer.

26. Estimates may be approximate or firm. In the absence of other indications in the contract, the estimate is considered firm.

The contractor is not entitled to demand an increase in a firm estimate, and the consumer - its reduction, including in the case when at the time of the conclusion of the contract it was impossible to provide for the full amount of services to be provided (performance of work) or the costs necessary for this.

The contractor has the right to demand an increase in the firm estimate in case of a significant increase in the cost of spare parts and materials provided by the contractor (as well as services provided to him by third parties), which could not be foreseen at the conclusion of the contract. If the consumer refuses to comply with this requirement, the contractor has the right to terminate the contract in court.

If there was a need to provide additional services(fulfillment additional work) and a significant excess of the approximate estimate for this reason, the contractor is obliged to warn the consumer in a timely manner. If the consumer has not agreed to exceed the approximate estimate, he has the right to refuse to perform the contract. In this case, the contractor may require the consumer to pay for the part of the service provided (the part of the work performed).

The contractor, who did not warn the consumer in a timely manner about the need to exceed the approximate estimate, is obliged to fulfill the contract, while retaining the right to pay for the service (work) within the approximate estimate.

IV. The procedure for the provision of services (performance of work)

27. The quality of the services provided (works performed) must comply with the terms of the contract, and in the absence of quality requirements in the contract or if they are insufficient, the requirements usually imposed on the quality of services (works) of this kind.

If federal laws or in accordance with the procedure established in accordance with them, in particular standards, provide for mandatory requirements for the services provided (work performed), the contractor must provide a service (perform work) that meets these requirements.

28. The contractor is obliged to provide a service (perform work) within the time limits stipulated by the contract.

When rendering services (performing work) with a visit to the consumer, the contractor ensures the presence of his employees, the delivery of spare parts and materials, technical means and tools at the time agreed with the consumer, and the consumer is obliged to create the necessary conditions for the provision of services (performance of work).

29. The consumer's request for the provision of additional services (performance of additional work) is formalized by the contract.

30. If in the course of the provision of services (performance of work) deficiencies that threaten traffic safety are identified, the performer is obliged to act in the manner prescribed by paragraph 21 of these Rules.

If the consumer disagrees with the work to eliminate malfunctions identified in the process of providing services (performance of work) and threatening traffic safety, or if it is impossible to eliminate these malfunctions in the process of repairing a motor vehicle in all copies of the acceptance certificate or in another document confirming acceptance, a record is made about the presence of such faults. The specified record is certified by the responsible person of the contractor and the consumer.

31. The consumer has the right at any time to check the progress and quality of the provision of services (performance of work), without interfering in the activities of the contractor. The contractor is obliged to ensure the possibility of the consumer being in the production premises, taking into account the observance of the technological mode of operation, safety regulations, fire safety and industrial sanitation.

32. The consumer has the right to terminate the contract at any time by paying the contractor a part of the price in proportion to the part of the service rendered (work performed) before receiving a notice of termination said agreement and reimbursing the contractor for the expenses incurred by him until that moment in order to fulfill the contract, if they are not included in the specified part of the price of the service (work).

33. The motor vehicle is issued to the consumer or his representative after full payment for the service rendered (work performed) upon presentation of the acceptance certificate and contract (receipt, etc.), passport or other identification document, and for the representative of the consumer - also a power of attorney issued according to established order.

34. The issuance of a motor vehicle to the consumer is carried out after the contractor controls the completeness and quality of the service rendered (work performed), completeness and safety of the trade dress of the motor vehicle.

35. The consumer is obliged, in the manner and within the time limits stipulated by the contract, to check, with the participation of the contractor, the completeness and technical condition of the motor vehicle, as well as the volume and quality of the service provided (work performed), the serviceability of the components and assemblies that have undergone repair, and accept the service provided (performed job). Upon detection of deviations from the contract that worsen the result of the service rendered (work performed), the replacement of components, the incompleteness of the motor vehicle and other shortcomings, the consumer is obliged to immediately report this to the contractor. These shortcomings must be described in the acceptance certificate or other document certifying acceptance, which is signed by the responsible person of the contractor and the consumer. The consumer, who discovered shortcomings upon acceptance of the order, has the right to refer to them if these shortcomings were specified in the acceptance certificate or other document certifying acceptance, or the possibility of subsequent presentation of requirements for their elimination.

Unless otherwise provided by the contract, the consumer who accepted the order without checking is deprived of the right to refer to defects that could be detected during the usual method of acceptance (obvious defects).

The consumer who, after accepting the order, discovered that the execution of the order did not comply with the contract or other shortcomings that could not be established with the usual method of acceptance (hidden shortcomings), including those that were deliberately hidden by the contractor, are obliged, upon their discovery, to notify the contractor about this within a reasonable time .

After the execution of the contract or the consumer's refusal to fulfill it, the contractor is obliged to issue to the consumer invoices for the numbered units newly installed on the motor vehicle, submit to the consumer a report on the expenditure of spare parts and materials paid for by him and return their balances or, with the consent of the consumer, reduce the price of the service (work) taking into account the cost of unused spare parts and materials remaining with the contractor, as well as return the replaced (faulty) components and parts.

36. In case of complete or partial loss (damage) of a motor vehicle (spare parts and materials) received from the consumer, the contractor is obliged to notify the consumer about this and within 3 days transfer the motor vehicle (spare parts and materials) of the same quality to the consumer free of charge or reimburse in 2 times the price of the lost (damaged) motor vehicle (spare parts and materials), as well as the costs incurred by the consumer.

In the case of the provision of a service (performance of work) using spare parts and materials provided by the consumer, the contractor is exempted from liability for their complete or partial loss (damage), if the consumer is warned by the contractor about their special properties that may entail their complete or partial loss ( damage).

37. In the event of a disagreement between the consumer and the contractor regarding the shortcomings of the service provided (work performed) or their reasons, the contractor is obliged, on his own initiative or at the request of the consumer, to send the motor vehicle for examination and pay for its implementation.

If the examination establishes the absence of violations by the contractor of the terms of the contract or a causal relationship between the actions of the contractor and the identified shortcomings, the expenses for the examination shall be borne by the party on whose initiative (requirement) it was carried out, and if the examination is appointed by agreement of the parties, the contractor and the consumer equally.

V. Responsibility of the performer

38. For non-performance or improper performance obligations under the contract, the performer bears the responsibility provided for by federal laws and the contract.

39. If the consumer is not given the opportunity to obtain information about the service (work) at the conclusion of the contract, he has the right to demand from the contractor compensation for losses caused by unreasonable evasion from concluding the contract, and if the contract is concluded, terminate it within a reasonable time and demand the return of the paid for services ( work) amount and compensation for other damages.

The Contractor, who has not provided the consumer with complete and reliable information about the service (work), shall be liable, provided for in paragraph 40 of these Rules, for the shortcomings of the service (work) that arose after it was accepted by the consumer due to the lack of such information.

40. In case of detection of shortcomings in the rendered service (performed work), the consumer has the right, at his choice, to demand from the contractor:

a) gratuitous elimination of defects;

b) a corresponding reduction in the price set for the work;

c) gratuitous re-performance of work;

d) reimbursement of expenses incurred by him to correct deficiencies on his own or by third parties.

The consumer has the right to refuse to perform the contract and demand full compensation for losses if the shortcomings of the service rendered (work performed) are not eliminated by the contractor within the period established by the contract. The consumer also has the right to refuse to perform the contract if he discovers significant shortcomings in the service provided (work performed) or significant deviations from the terms of the contract.

The consumer also has the right to demand full compensation for losses caused to him in connection with the shortcomings of the service provided (work performed). Losses are reimbursed within the time limits established to meet the relevant requirements of the consumer.

41. Claims related to shortcomings of the rendered service (performed work) may be presented upon acceptance of the rendered service (performed work), in the course of rendering the service (performance of work) or, if it is impossible to detect shortcomings in the acceptance of the rendered service (performed work), in during the warranty period, and in its absence - within a reasonable time, within 2 years from the date of acceptance of the service rendered (work performed).

42. The contractor is responsible for the shortcomings of the service rendered (work performed), for which the warranty period is not established, if the consumer proves that they arose before he accepted it or for reasons that arose before that moment.

The Contractor is responsible for the shortcomings of the rendered service (performed work), for which the warranty period is established, unless he proves that they arose after the acceptance of the rendered service (performed work) by the consumer as a result of his violation of the rules for using the result of the rendered service (performed work), actions of third parties or force majeure.

In the event that the warranty period provided for by the contract is less than 2 years and the defects in the service provided (work performed) are discovered by the consumer after the expiration of the warranty period, but within two years, the consumer has the right to make claims under paragraph 40 of these Rules if he proves that such defects arose before he accepted the result of the rendered service (work performed) or for reasons that arose before that moment.

43. Shortcomings of the rendered service (performed work) must be eliminated by the executor within the reasonable period specified by the consumer, which is indicated in the contract.

44. In the event that significant shortcomings of the rendered service (performed work) are revealed, the consumer has the right to present the contractor with a demand for the free elimination of shortcomings, if he proves that the shortcomings arose before he accepted the result of the rendered service (performed work) or for reasons that arose before that moment. This requirement may be brought if such shortcomings are discovered after 2 years from the date of acceptance of the result of the rendered service (performed work), but within the service life established for the result of the rendered service (performed work) or within 10 years from the date of acceptance of the result of the rendered service (work performed) by the consumer, if the service life is not established. If this requirement is not satisfied within 20 days from the date of its presentation by the consumer or the discovered defect is irreparable, the consumer, at his choice, has the right to demand:

a) a corresponding reduction in the price for the service rendered (work performed);

b) reimbursement of expenses incurred by him to eliminate the shortcomings of the rendered service (performed work) on his own or by third parties;

c) refusal to perform the contract and compensation for losses.

45. The contractor who provided spare parts and materials for the provision of services and performance of work is responsible for their quality in accordance with the rules of the seller's liability for goods of inadequate quality in accordance with the civil legislation of the Russian Federation.

46. If the contractor violated the terms for the provision of a service (performance of work), the start and (or) end dates for the provision of a service (performance of work) and (or) the intermediate terms for the provision of a service (performance of work) or during the provision of a service (performance of work) it became obvious, that it will not be completed on time, the consumer, at his choice, has the right:

The consumer has the right to present him with other requirements established by paragraph 46 of these Rules.

49. In case of refusal to perform the contract, the performer is not entitled to demand reimbursement of his expenses incurred in the process of providing the service (performing work), as well as payment for the service rendered (performed work), unless the consumer accepted the rendered service (performed work).

50. In case of violation of the established deadlines for the provision of a service (performance of work) or new deadlines assigned by the consumer, the contractor shall pay the consumer for each day (hour, if the deadlines are determined in hours) of delay a penalty (penalty) in the amount of 3 percent of the price for the provision of the service (performance of work), and if the price for the provision of a service (performance of work) is not determined by the contract, - the total price of the service (work). The contract may establish a higher amount of the penalty (fines).

A penalty (penalty) for violation of the deadlines for the start of the provision of the service (performance of work), its stage (if the stages of the provision of the service (performance of work) are defined in the contract) shall be charged for each day (hour, if the terms are specified in the contract in hours) of delay until the start of the provision of the service (performance of work), its stage or presentation by the consumer of the requirements provided for in paragraph 46 of these Rules.

A penalty (penalty) for violation of the deadlines for the completion of the provision of a service (performance of work), its stage (if the stages of the provision of a service (performance of work) are defined in the contract) shall be collected for each day (hour, if the terms are specified in the contract in hours) of delay until the end of the provision of the service (performance of work), its stage or presentation by the consumer of the requirements provided for in paragraph 46 of these Rules.

The amount of the penalty (penalties) collected by the consumer cannot exceed the price separate species provision of a service (performance of work) or the total price of the order, if the price of performing a particular type of service (work) is not specified in the contract.

51. If the order is not fulfilled in deadlines in addition to paying the penalty, the consumer must be refunded in full the premium for urgency, if such was provided for by the contract.

52. Losses caused to the consumer are subject to compensation in full in addition to the penalty (fines), statutory or contract, unless otherwise provided by law.

Satisfaction of the consumer's requirements for the gratuitous elimination of deficiencies or for the re-provision of a service (performance of work) does not relieve the contractor from liability in the form of payment of a penalty for violating the deadline for the provision of a service (performance of work).

53. Damage caused to the life, health and property of the consumer as a result of deficiencies in the rendered service (performed work) for the maintenance and repair of motor vehicles is subject to compensation in full in the manner established by federal laws.

54. The procedure and terms for satisfying the requirements of the consumer by the contractor, as well as liability for violation of these terms, are regulated by the Law of the Russian Federation "On Protection of Consumer Rights".

55. State control over compliance with these Rules is carried out by federal Service for Supervision in the Field of Consumer Rights Protection and Human Welfare (its territorial bodies), as well as other federal executive bodies (their territorial bodies) within their competence.

Decree of the Government of the Russian Federation of January 23, 2006 N 32
"On approval of the Rules for the provision of communication services for data transmission"

In accordance with the Federal Law "On Communications" and the Law of the Russian Federation "On Protection of Consumer Rights", the Government of the Russian Federation decides:

Approve the attached Rules for the provision of communication services for data transmission and put them into effect from July 1, 2006.

Rules
provision of communication services for data transmission
(approved by Decree of the Government of the Russian Federation of January 23, 2006 N 32)

With changes and additions from:

I. General provisions

1. These Rules govern the relationship between the subscriber and (or) user, on the one hand, and the telecom operator, on the other hand, in the provision of communication services for data transmission.

2. The concepts used in these Rules mean the following:

"subscriber" - a user of communication services for data transmission, with whom an agreement has been concluded for the provision of communication services for data transmission, when a unique identification code is allocated for these purposes;

"subscriber line"- communication line connecting the user (terminal) equipment with the communication node of the data transmission network;

"user interface"- technical and technological parameters of physical circuits connecting means of communication with user (terminal) equipment;

"user terminal"- user (terminal) equipment used by a subscriber and (or) user to connect to a communication node of a data transmission network using a subscriber line;

"authenticity of information transfer"- one-to-one correspondence of information packets transmitted by the user (terminal) equipment, which is one side of the established connection over the data network, and received by the user (terminal) equipment, which is the other side of this connection;

"data communication service user"- a person ordering and (or) using communication services for data transmission;

"information package"- a telecommunication message that is transmitted over a data transmission network and which contains the data necessary for its switching by a communication node;

"data transfer protocol"- a formalized set of requirements for the structure of information packets and the algorithm for exchanging information packets between data transmission network devices;

"providing access to the data network"- a set of actions of the communication operator of the data transmission network to form a subscriber line and connect with its help the user (terminal) equipment to the communication node of the data transmission network or provide the ability to connect the user (terminal) equipment to the data transmission network using a telephone connection or a connection over another network data transmission in order to ensure the possibility of providing the subscriber with communication services for data transmission;

"providing access to communication services for data transmission"- provision by one telecom operator of the possibility of its subscriber receiving communication services for data transmission provided by another telecom operator;

"data network connection (communication session)"- Established as a result of a call or pre-established interaction between communication facilities, allowing the subscriber and (or) user to transmit and (or) receive voice and (or) non-voice information;

"technical ability to provide access to the data network"- the simultaneous presence of an unused mounted capacity of the communication center, in the coverage area of which the connection of the user (terminal) equipment to the data transmission network is requested, and unused communication lines, allowing to form a subscriber communication line between the communication node and the user (terminal) equipment;

"tariff plan" - a set of price conditions on which the telecom operator offers to use one or more data communication services;

"communication node of data transmission network"- means of communication that perform the functions of switching systems.

3. The relationship of a telecom operator providing communication services for data transfer (hereinafter referred to as the telecom operator), with a subscriber and (or) user, arising from the provision of communication services for data transfer on the territory of the Russian Federation, is carried out in Russian.

4. The communications operator is obliged to ensure the secrecy of information transmitted over the data transmission network.

Restriction of the right to secrecy of information transmitted over a data transmission network is allowed only in cases provided for by federal laws.

Information about information transmitted over a data transmission network may be provided only to subscribers and (or) users or their authorized representatives, unless otherwise provided by federal laws.

Information about a citizen subscriber that became known to the telecom operator by virtue of the execution of an agreement on the provision of communication services for data transmission (hereinafter referred to as the agreement) can be used by the telecom operator to provide reference and other information services or transferred to third parties only with the written consent of this subscriber, with the exception of cases provided for by federal laws.

The consent of a citizen subscriber to the processing of his personal data in order to carry out settlements by the telecom operator for the rendered communication services, as well as to consider claims is not required.

5. When emergency situations natural and man-made nature, the telecom operator, in the manner prescribed by the legislation of the Russian Federation, has the right to temporarily stop or restrict the provision of communication services for data transmission.

6. User (terminal) equipment (hereinafter - equipment) that meets the established requirements can be connected to the subscriber line.

The obligation to provide equipment to be connected to the subscriber line rests with the subscriber, unless otherwise provided by the contract.

7. The telecom operator provides the subscriber and (or) user with the opportunity to use communication services for data transfer 24 hours a day, unless otherwise provided by the legislation of the Russian Federation.

8. Communication services for data transmission are divided into:

communication services for data transmission, with the exception of communication services for data transmission for the purposes of transmission of voice information;

communication services for data transmission for the purposes of voice information transmission.

9. The telecom operator has the right to provide to the subscriber those communication services for data transmission, for the provision of which this telecom operator has been issued a license, in accordance with the license conditions provided for in the license issued to the telecom operator.

The provision of communication services for data transmission may be accompanied by the provision by the communication operator of other services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value, subject to the requirements provided for in paragraphs 31 and these Rules.

The list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value is determined by the telecom operator.

10. The telecom operator is obliged to create a system of information and reference services in order to provide the subscriber and (or) user with information related to the provision of communication services for data transmission.

11. Paid and free information and reference services are provided in the information and reference service system.

12. The telecom operator provides the following information and reference services free of charge and around the clock:

a) provision of information on tariffs for communication services for data transmission, on the territory for the provision of communication services for data transmission (service area);

b) providing the subscriber with information about the state of his personal account;

c) receiving from the subscriber and (or) the user of information about technical malfunctions that prevent the use of communication services for data transmission;

d) provision of information on the rendered communication services for data transmission and necessary explanations.

13. The list of free information and reference services provided for in paragraph 12 of these Rules cannot be reduced.

The provision of free information and reference services can be carried out using autoinformers.

14. The telecom operator independently determines the list and time of provided paid information and reference services.

15. The telecom operator is obliged to provide the citizen, legal entity or individual entrepreneur with the information necessary for the conclusion and execution of the contract, which includes:

a) the name (company name) of the telecom operator, a list of its branches, their location and mode of operation;

b) details of the license (licenses) issued to the telecom operator for carrying out activities in the field of rendering communication services (hereinafter referred to as the license) and license conditions;

c) a list of communication services for data transmission, the conditions and procedure for their provision, including the used subscriber interfaces and data transmission protocols;

d) the range of values of service quality indicators provided by the data transmission network, within which the subscriber has the right to set the values necessary for him in the contract;

e) a list and description of the advantages and limitations in the provision of communication services for data transmission;

f) tariffs for communication services for data transmission;

g) the procedure, forms and systems of payment for communication services for data transmission;

h) telephone numbers of the information and reference service system;

i) a list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value;

j) an indication of the places where the subscriber and (or) the user can fully familiarize themselves with these Rules.

16. The telecom operator is obliged, at the request of a citizen, legal entity or an individual entrepreneur to provide him, in addition to the information provided for in paragraph 15 of these Rules, additional information related to the provision of communication services for data transfer.

The specified information in Russian (if necessary, in other languages) in a visual and accessible form is communicated free of charge through the website of the telecom operator in the Internet information and telecommunication network and the information and reference service system to the attention of a citizen, legal entity or individual entrepreneur. At the request of the subscriber, information can be sent to the e-mail address specified by him or the electronic address of the self-service system of the telecom operator, through which the subscriber accesses information about the communication services provided to him for data transmission, settlements with the telecom operator and other information ( Personal Area).

II. The procedure and conditions for concluding an agreement

17. Communication services for data transmission are provided on the basis of a paid contract.

18. The parties under the contract are a citizen, a legal entity or an individual entrepreneur, on the one hand, and a telecom operator, on the other hand.

19. To conclude an agreement, the applicant submits to the telecom operator an application in 2 copies in the form established by the telecom operator.

The application is registered by the telecom operator. One copy remains with the telecom operator, the other is handed to the applicant.

The procedure for registering applications for concluding an agreement is established by the telecom operator.

The telecom operator is not entitled to refuse the applicant to accept and consider the application.

20. When submitting an application for concluding an agreement, a citizen presents a document proving his identity.

A representative of a legal entity, when submitting an application for concluding an agreement, presents a document confirming his authority (a power of attorney or a corresponding decision of the sole executive body), as well as a copy of the certificate of state registration of the legal entity.

An individual entrepreneur, when submitting an application for concluding an agreement, presents a document proving his identity, as well as a copy of the certificate of state registration as an individual entrepreneur.

21. The telecom operator, within a period not exceeding 1 month from the date of registration of the application for the conclusion of the contract, checks the availability of technical feasibility of providing access to the data transmission network. If there is such a technical possibility, the telecom operator concludes an agreement with the applicant.

22. An agreement concluded with a citizen is public contract. The contract is concluded for an indefinite period. At the request of the applicant, a fixed-term contract can be concluded with him.

23. The telecom operator has the right to refuse to conclude an agreement if it is not technically possible to provide access to the data transmission network. At the same time, the telecom operator is obliged to inform the applicant in writing of its refusal within a period not exceeding 10 days from the date of the end of the technical feasibility check.

In case of refusal or evasion of the telecom operator from concluding the contract, the applicant has the right to apply to the court with a demand to compel the conclusion of the contract. The burden of proving the lack of technical ability to provide access to the data network lies with the telecom operator.

24. The agreement is concluded in writing in 2 copies, one of which is handed over to the subscriber, or by performing conclusive actions.

Through the implementation of conclusive actions, a fixed-term agreement is concluded for the provision of one-time data transfer services at collective access points. This agreement is considered concluded from the moment the subscriber and (or) user performs actions aimed at establishing a connection over a data transmission network (communication session).

24.1. In case of conclusion fixed-term contract on the provision of one-time data transmission services at public access points, the telecom operator shall identify users and the terminal equipment used by them.

User identification is carried out by the telecom operator by establishing the last name, first name, patronymic (if any) of the user, confirmed by an identity document, or in another way that ensures the reliable establishment of the specified information, including using the federal state information system " one system identification and authentication in the infrastructure providing information technology interaction information systems used to provide public and municipal services v electronic form", or a reliable identification of the subscriber number assigned to the user in accordance with the contract for the provision of mobile radiotelephone services concluded with the telecom operator.

Identification of the terminal equipment is carried out by means of communication of the telecom operator by determining the unique identifier of the equipment of data transmission networks.

25. The telecom operator has the right to instruct a third party to conclude an agreement on behalf of and at the expense of the telecom operator, as well as to make settlements with the subscriber on behalf of the telecom operator.

Under an agreement concluded by a third party on behalf of and at the expense of the telecom operator, the rights and obligations arise directly from the telecom operator.

26. The following data must be indicated in the contract:

a) the date and place of conclusion of the contract;

b) the name (company name) of the telecom operator;

c) details of the settlement account of the telecom operator;

d) details of the license issued to the communications operator;

e) information about the subscriber:

surname, name, patronymic, date and place of birth, details of an identity document - for a citizen;

name (company name), location, main state registration number, individual taxpayer number - for a legal entity;

details of an identity document and a certificate of state registration as an individual entrepreneur - for an individual entrepreneur;

f) address of equipment installation;

g) type (type) of equipment;

h) technical indicators characterizing the quality of data transmission services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, reliability of information transmission);

i) consent (refusal) of the subscriber to use information about him for information and reference services;

j) the method of delivery of the invoice for the rendered communication services for data transmission;

k) rights, duties and responsibilities of the parties;

l) the obligation of the telecom operator to comply with the deadlines and procedures for eliminating faults that prevent the use of communication services for data transmission;

m) the duration of the contract.

26.1. The contract with a subscriber - a legal entity or an individual entrepreneur, in addition to the data specified in clause 26 of these Rules, provides for the obligation to provide the telecom operator with a legal entity or individual entrepreneur a list of persons using its user (terminal) equipment, and sets the deadline for providing the specified list, and it is also established that the specified list must be certified by an authorized representative of a legal entity or an individual entrepreneur, contain information about persons using its user (terminal) equipment (last name, first name, patronymic (if any), place of residence, details of an identity document), and updated at least quarterly.

27. The following essential conditions must be indicated in the contract:

a) used subscriber interfaces and data transfer protocols;

b) rendered communication services for data transmission;

c) payment system for communication services for data transmission;

d) procedure, terms and form of settlements.

28. When concluding a contract, it is not allowed to extract a number from the numbering resource of a geographically defined or geographically undefined numbering zone as a unique identification code.

29. The telecom operator is not entitled to impose on the subscriber and (or) user the provision of other services for a fee.

30. The telecom operator is not entitled to condition the provision of one communication service for data transmission by the obligatory provision of other services.

III. The procedure and conditions for the execution of the contract

31. The telecom operator is obliged:

a) provide the subscriber and (or) user with communication services for data transmission in accordance with the legislation of the Russian Federation, these Rules, license and agreement;

b) to eliminate, within the established time limits, malfunctions that impede the use of communication services for data transmission. Information on the timing of the elimination of faults that prevent the use of communication services for data transmission is posted on the website of the telecom operator in the information and telecommunication network "Internet";

c) notify subscribers and (or) users at the places of work with subscribers and (or) users and through their website in the information and telecommunications network "Internet" about changes in tariffs for communication services for data transmission at least 10 days before the introduction of new tariffs . At the request of the subscriber, notification can be carried out through the e-mail address indicated by him or the e-mail address of his personal account;

d) appoint, in agreement with the subscriber and (or) user, a new deadline for the performance of communication services for data transmission, if the failure to comply with the deadline was due to force majeure circumstances;

Information about changes:

Paragraph 31 was supplemented with subparagraph "e" from November 4, 2017 - Resolution

e) upon receipt of a relevant request from the body carrying out operational-search activities, within 3 working days from the date of receipt of such a request, send a request to the subscriber with a request to confirm the compliance of the personal data of the actual user with the information stated in the contract, indicating the date of termination of the provision of communication services in in case of non-confirmation of the compliance of personal data by one or more of the following methods:

by sending a short text message over a mobile radiotelephone network;

by sending a message using the reference and information service of the telecom operator, including autoinformer;

using the information and telecommunications network "Internet", including by sending a message via e-mail(if there is an address) or by sending a notification using the self-service system of the telecom operator, through which the subscriber has access to information about the communication services provided to him for data transmission and about settlements with the telecom operator, as well as to other information (personal account);

Information about changes:

Paragraph 31 was supplemented by subparagraph "e" from November 4, 2017 - Decree of the Government of the Russian Federation of October 25, 2017 N 1295

f) re-inform the subscriber in the manner prescribed by subparagraph "e" of this paragraph, about the timing of termination of the provision of communication services in case of failure to confirm the compliance of the personal data of the actual user with the information stated in the contract, no later than 3 days before the termination of the provision of communication services;

Information about changes:

Paragraph 31 was supplemented with subparagraph "g" from November 4, 2017 - Decree of the Government of the Russian Federation of October 25, 2017 N 1295

g) provide the subscriber with the opportunity to confirm the compliance of the personal data of the actual user with the information stated in the contract by submitting an identity document to the telecom operator, as well as using one of the methods provided by the telecom operator (if any) specified in subparagraph "e" of paragraph 32 of these Rules, informing the subscriber about such methods when sending him a request in accordance with subparagraph "e" of this paragraph, or indicating in the request the email address of the page of the telecom operator's website on the Internet information and telecommunication network, which contains information about such methods.

32. The subscriber is obliged:

a) pay a fee for the communication services provided to him for data transmission and other services provided for in the contract in full and within the terms specified by the contract;

b) do not connect to the subscriber line equipment that does not meet the established requirements;

c) notify the telecom operator, within a period not exceeding 60 days, of the termination of their right to own and (or) use the premises in which the equipment is installed, as well as the change, respectively, of the surname (first name, patronymic) and place of residence, name (company name) and location;

e) comply with the rules for operating the equipment;

Information about changes:

Paragraph 32 was supplemented by subparagraph "e" from November 4, 2017 - Decree of the Government of the Russian Federation of October 25, 2017 N 1295

f) upon receipt of a request from the telecom operator with a requirement to confirm the compliance of the personal data of the actual user with the information stated in the contract, confirm personal data by presenting an identity document to the telecom operator or one of the following methods provided by the telecom operator:

by sending to the telecom operator electronic document signed with an enhanced qualified electronic signature, or when accessing the self-service system of the telecom operator, through which the subscriber accesses information about the communication services provided to him for data transmission and settlements with the telecom operator, as well as other information (personal account), with using an enhanced qualified electronic signature;

using the federal state information system "Unified system of identification and authentication in the infrastructure providing information and technological interaction of information systems used to provide state and municipal services in electronic form" in the presence of a confirmed account in system.

33. The subscriber has the right:

a) refuse at any time unilaterally from the execution of the contract, subject to payment of the costs actually incurred by the telecom operator for the provision of data communication services to this subscriber;

b) refuse to pay for communication services not provided for by the contract for the transfer of data provided to him without his consent;

c) appoint, in agreement with the telecom operator, a new term for the provision of communication services for data transmission, if the failure to comply with the deadlines was due to force majeure circumstances, which the subscriber was informed about before the expiration of the appointed term for the provision of communication services for data transmission.

34. In order to connect to the subscriber line communication facilities that ensure the simultaneous sharing by two telecom operators of one subscriber line, the telecom operator is obliged to change the scheme for switching on the equipment operating on a separate subscriber line upon receipt from another telecom operator of a request for such a change, agreed in writing with the subscriber. In this case, the procedure and conditions for changing the specified scheme are regulated by an agreement concluded between telecom operators.

35. Payment for communication services for data transmission can be carried out according to a subscriber or time-based payment system or according to the volume of received and (or) transmitted information.

36. The fee for providing access to the data transmission network by the telecom operator is charged once for each fact of providing access to the data transmission network.

The tariff for providing access to the data transmission network by the telecom operator is set by the telecom operator, unless otherwise provided by the legislation of the Russian Federation.

37. The unit of charging for a connection over a data transmission network (communication session) is established by the communication operator, but cannot be more than 1 minute for communication services for data transmission for the purposes of voice information transmission.

Accounting for the duration of a connection over a data transmission network (communication session) is carried out in accordance with the billing unit adopted by the telecom operator.

38. The duration of the connection over the data transmission network (communication session) used to determine the amount of the fee, when transmitting voice information, is counted from 1 second after the called equipment answers until the calling or called equipment or equipment that replaces the subscriber in his absence hangs up, and when transmitting non-voice information - from the 1st transmitted byte. A connection via a data transmission network (communication session) when transmitting voice information lasting less than 2 seconds is not taken into account in the volume of rendered communication services for data transmission with a time-based payment system.

39. Tariffs for communication services for data transmission, including the tariff used to pay for an incomplete unit of tariffication, are set by the telecom operator, unless otherwise established by the legislation of the Russian Federation.

40. Tariffs can be differentiated by time of day, days of the week, weekends and public holidays, by the amount of received and (or) transmitted information, and also depending on the distance between the equipment that is one side of the established connection over the data network (communication session) and the equipment that is the other side of this connection (communication session).

41. The fee for a data network connection (communication session) is determined on the basis of its duration, expressed in the number of billing units.

42. When transmitting voice information over a data network to equipment, the response signal of which is equated to the answer of the called subscriber and serves as the starting point for the duration of the connection over the data network (communication session), include:

subscriber terminal with an answering machine function;

other equipment that replaces the subscriber in his absence and provides or simulates the exchange of information.

43. Payment for data transmission services is carried out by cash or non-cash payment in Russian rubles.

Payment for communication services for data transmission can be made by means of an advance or deferred payment or immediately after the provision of such services in points of collective access.

When paying for communication services for data transmission by means of an advance payment, the subscriber deposits a certain amount to his personal account, from which the telecom operator withdraws payments for the communication services rendered to the subscriber for data transmission.

When paying for communication services for data transmission by means of deferred payment, payment is made at the end of the billing period. Communication services for data transmission are paid for within the period established by the telecom operator, while the specified period should not be less than 10 days from the end date of the billing period. A longer period of payment for data communication services may be stipulated by the contract.

44. The basis for billing the subscriber and (or) the user for the provided connections over the data network (communication sessions) is the data obtained using the equipment used by the telecom operator to account for the volume of rendered communication services for data transmission.

45. The payment card for communication services for data transmission contains encoded information used to inform the communication operator of information about payment for communication services for data transmission, as well as the following information:

a) the name (company name) of the telecom operator that issued the card;

b) the name of the types of communication services for data transmission, paid using the card;

c) the amount of the advance payment, the payment of which is confirmed by the card;

d) card validity period;

e) reference (contact) phone numbers of the telecom operator;

f) rules for using the payment card;

g) card identification number.

46. The subscriber and (or) the user has the right to apply to the telecom operator with a request to return the funds they deposited as an advance payment.

The telecom operator is obliged to return to the subscriber and (or) the user the unused balance of funds.

47. The settlement period for which an invoice is issued for the provision of communication services for data transmission should not exceed 1 month.

48. The term of payment for communication services for data transmission (except for the subscription fee) should not be less than 15 days from the date of invoicing. A longer payment period may be specified in the contract.

When paying for communication services for data transmission using a subscriber payment system, the calculation for the rendered communication services for data transmission is made no later than 10 days from the end date of the billing period.

49. An invoice issued to a subscriber for communication services for data transmission is a settlement document that reflects data on the subscriber's monetary obligations and which contains:

a) details of the telecom operator;

b) information about the subscriber;

v) billing period, for which the invoice is issued;

d) number of the subscriber's personal account (in case of advance payment);

e) data on the total duration of connections over the data network (communication sessions) for the billing period (with time-based accounting);

e) total amount presented for payment;

g) the amount of the balance of funds on the personal account (in case of advance payment);

h) invoice date;

i) due date for payment of the invoice;

j) the amount to be paid for each type of communication services for data transmission;

k) types of communication services provided for data transmission;

l) the date of provision of each communication service for data transmission;

m) the volume of each communication service for data transmission provided to the subscriber.

50. The telecom operator is obliged to ensure the delivery to the subscriber of an invoice for payment for the rendered communication services for data transmission within 5 days from the date of issuing this invoice.

At the request of the subscriber, the telecom operator is obliged to detail the invoice, which consists in providing additional information on the rendered communication services for data transmission, for which a separate fee may be charged.

51. The subscriber and (or) user has the right to demand the return of funds paid for the use of communication services for data transmission for the period when it was not possible to use such services through no fault of this subscriber and (or) user.

IV. The procedure and conditions for suspension, modification, termination and termination of the contract

52. In case of violation by the subscriber of the requirements associated with the provision of communication services for data transmission, established by the Federal Law "On Communications", these Rules and the agreement, including violation of the terms of payment for the rendered communication services for data transmission, the telecom operator has the right to suspend the provision of communication services on data transfer until the violation is eliminated, notifying the subscriber about it.

If such a violation is not eliminated within 6 months from the date of receipt by the subscriber from the telecom operator of a notice in writing of the intention to suspend the provision of communication services for data transmission, the telecom operator has the right to unilaterally terminate the contract.

53. At the written request of the subscriber, the telecom operator is obliged, without termination of the contract:

suspend the provision of data communication services to the subscriber. In this case, the subscriber is charged for the entire period specified in the application, in accordance with the tariff established for such cases;

suspend the provision of access to communication services for data transmission and (or) services of the information and reference service system.

54. The validity of the contract may be suspended upon a written application of the subscriber in the event of leasing (sublease), lease (sublease) of the premises, including the residential premises in which the equipment is installed, for the duration of the contract of hiring (sublease), lease (sublease) . An agreement may be concluded with the tenant (sub-tenant), tenant (sub-tenant) of the premises in which the equipment is installed for the duration of the lease (sub-lease), lease (sub-lease) agreement with the allocation for these purposes of the same unique identification code that was allocated at the conclusion contract that is suspended.

55. Amendments to the agreement concluded in writing, including those relating to the change by the subscriber of the payment system for data transmission services, are formalized by concluding additional agreement to the contract.

56. If the introduction of amendments to the contract entailed the need for the telecom operator to perform the relevant work, these works are subject to payment by the party on whose initiative the amendments were made to the contract.

57. With the written consent of the subscriber, an amendment may be made to the contract regarding the indication of a new citizen subscriber in it. In this case, a new subscriber can become:

a family member of the subscriber who is registered at the subscriber's place of residence or who is a member of the common ownership of the premises in which the equipment is installed;

a member of the subscriber's family who is a minor citizen as of the date of change of the contract. At the same time, before reaching the age of 14, the right to file an application to amend the contract on behalf of a minor citizen has his legal representatives.

58. In the event of reorganization or renaming of a subscriber - a legal entity (except for reorganization in the form of spin-off or separation), an amendment may be made to the agreement regarding the indication of the legal successor or the new name of the subscriber - legal entity. When a legal entity is reorganized in the form of separation or division, the question of which of the successors should be entered into an agreement with is decided in accordance with the separation balance sheet.

59. In the event of termination of the contract, the communication operator's obligations to provide the subscriber with the possibility of access to communication services provided by another communication operator are terminated.

60. In case of termination of the subscriber's right to own or use the premises in which the equipment is installed, the contract with the subscriber is terminated. At the same time, the telecom operator, which is a party to this agreement, at the request of the new owner of the specified premises, is obliged to conclude a new agreement with him within 30 days.

V. Procedure for submitting and considering claims

61. The subscriber and (or) the user has the right to appeal against the decisions and actions (inaction) of the telecom operator related to the provision of communication services for data transmission.

62. The telecom operator is obliged to have a book of complaints and suggestions and issue it at the first request of the subscriber and (or) user.

63. The consideration of the complaint of the subscriber and (or) the user is carried out in the manner established by the legislation of the Russian Federation.

64. In case of non-fulfillment or improper fulfillment by the telecom operator of obligations to provide communication services for data transmission, the subscriber and (or) user submits a claim to the telecom operator before going to court.

65. The claim is presented in writing and is subject to registration on the day it is received by the telecom operator.

Claims on issues related to the refusal to provide communication services for data transmission, untimely or improper fulfillment of obligations arising from the contract shall be made within 6 months from the date of provision of communication services for data transmission, refusal to provide them or invoicing for the service provided.

A copy of the contract is attached to the claim, as well as other documents necessary for considering the claim on the merits, which must contain information about non-fulfillment or improper fulfillment of obligations under the contract, and in the event of a claim for damages, about the fact and amount of damage caused.

66. The claim is considered by the telecom operator within a period not exceeding 60 days from the date of registration of the claim.

The telecom operator must inform the subscriber and (or) user who submitted the claim in writing about the results of the consideration of the claim.

If the claim was recognized by the telecom operator as justified, the identified deficiencies are subject to elimination within a reasonable time, appointed by the subscriber and (or) user.

If the telecom operator recognized as justified the requirements of the subscriber and (or) user to reduce the amount of payment for the rendered communication services for data transmission, to reimburse the costs of eliminating deficiencies on their own or by third parties, as well as to return paid for the provision of communication services for data transmission funds and compensation for losses caused in connection with the refusal to provide communication services for data transmission, these requirements are subject to satisfaction within 10 days from the date of filing a claim.

If the claim is rejected in whole or in part, or if a response is not received within the period established for its consideration, the subscriber and (or) user have the right to file a claim in court.

VI. Responsibility of the parties

67. For non-fulfillment or improper fulfillment of obligations under the contract, the telecom operator shall be liable to the subscriber and (or) user in the following cases:

a) violation of the terms for providing access to the data transmission network;

b) violation of the terms established in the contract for the provision of communication services for data transmission;

c) failure to provide communication services for the transfer of data specified in the contract;

d) poor-quality provision of communication services for data transmission, including as a result of improper maintenance of the data transmission network;

D) cancel the contract.

69. In addition to the requirements made by a citizen subscriber in accordance with paragraph 68 of these Rules, the telecom operator pays a penalty to a citizen subscriber:

in case of violation of the terms for providing access to the data transmission network - in the amount of 3 percent of the fee for providing access to the data transmission network for each day of delay until the start of providing access to the data transmission network, if a higher amount of the penalty is not specified in the contract, but not more than the fee specified in the contract;

in case of violation of the established terms for the provision of communication services for data transmission - in the amount of 3 percent of the cost of communication services for data transmission for each hour of delay until the start of the provision of communication services for data transmission, if a higher amount of the penalty is not specified in the contract, but not more than the cost of the service data communications.

If the cost of the communication service for data transmission is not determined, the amount of the penalty is determined based on the total cost of the communication service for data transmission that existed in the place where the requirement of the subscriber and (or) user had to be satisfied by the telecom operator, on the day of voluntary satisfaction of such a requirement or on the day of the court decision, if the requirement of the subscriber and (or) the user was not voluntarily satisfied.

70. In case of violation by the telecom operator of the established terms for the provision of communication services for data transmission, the subscriber and (or) user has the right to demand full compensation for losses caused to them in connection with the violation of the specified terms.

71. In case of non-fulfillment or improper fulfillment of obligations in accordance with the agreement, the subscriber and (or) user has the right to demand, at their choice:

a) gratuitous elimination of shortcomings in the provision of communication services for data transmission;

b) a corresponding reduction in the cost of communication services for data transmission;

c) reimbursement of expenses incurred by them to eliminate the shortcomings of the provided communication service for data transmission on their own or by third parties.

72. In the event that the telecom operator violates the secrecy of information transmitted over the data transmission network and the requirements to restrict the dissemination of information about a citizen subscriber that became known to him by virtue of the execution of the contract, the telecom operator, at the request of the subscriber, compensates for the losses caused by these actions.

73. In case of non-submission, incomplete or untimely submission of information on the provision of communication services for data transmission, the subscriber has the right to refuse to fulfill the contract, demand the return of funds paid for the communication services provided for data transmission and compensation for losses incurred.

74. The subscriber and (or) the user is responsible to the telecom operator in the following cases:

a) non-payment, incomplete or untimely payment for communication services for data transmission;

b) non-compliance with the rules of operation of the equipment;

c) non-compliance with the ban on connecting equipment to the subscriber line that does not meet the established requirements.

75. In case of non-payment, incomplete or untimely payment for data communication services, the subscriber and (or) user shall pay the communication operator a penalty in the amount of 1 percent of the cost of unpaid, incompletely paid or untimely paid communication services for data transmission (unless a smaller amount is specified in the contract) for each day of delay up to the day of repayment of the debt, but not more than the amount payable.

76. In the event that the subscriber and (or) user fails to comply with the rules for operating the equipment or does not comply with the ban on connecting equipment to the subscriber line that does not meet the established requirements, the telecom operator has the right to apply to the court with a claim for compensation for the losses caused by such actions of the subscriber and (or) user.

77. The telecom operator shall be released from liability for non-fulfillment or improper fulfillment of obligations under the contract if it proves that their non-fulfillment or improper fulfillment occurred due to force majeure circumstances or through the fault of the other party.

57. Baggage delivered without reloading en route and not claimed within 30 days from the date of its arrival, baggage delivered with reloading en route, and cargo baggage not claimed within 30 days from the date of notification (in writing) of recipients about his arrival, are subject to sale in the manner prescribed

The application form, the procedure for its execution and submission are established by the rules for the carriage of goods.

The application is submitted at least 10 days before the start of cargo transportation in direct rail traffic and at least 15 days before the start of cargo transportation in direct international traffic, non-direct international traffic, direct and indirect mixed traffic, and also, if the destinations are indicated ports.

The carrier is obliged to consider the application within 2 days and, if it is possible to carry out transportation, send it to the owner of the infrastructure for approval with a mark on the approval of the application. The application agreed upon by the carrier and the owner of the infrastructure with a mark of its acceptance is returned by the carrier to the consignor no later than 3 days before the declared date for the start of transportation.

The carrier has the right to refuse to approve the application in the cases established by Article 11 of the Charter. The application in case of refusal to agree on it is returned by the carrier to the consignor with a justification of the reasons for the refusal. Refusal to accept and approve an application may be appealed in court.

61. When presenting cargo for carriage, the consignor must submit to the carrier for each shipment of cargo a waybill drawn up in accordance with the rules for the carriage of goods and other documents provided for by the relevant regulatory legal acts of the Russian Federation.

When presenting cargo for transportation, the consignor must indicate in the consignment note its weight, and when presenting tare and piece cargo, also the number of packages.

The carrier, consignor or consignee must ensure, in accordance with the established procedure, the safety of transportation and other documents provided for by the rules for the carriage of goods and other regulatory legal acts.

62. The payment for the carriage of cargo and other payments due to the carrier shall be paid by the consignor until the moment of acceptance of the cargo for transportation, unless otherwise provided by the Charter or agreement of the parties.

Final payments for the carriage of goods, including additional works (services) associated with it, are made by the consignee upon the arrival of the goods at the railway station until they are issued. If circumstances are identified that entail the need to recalculate the cost of transportation and the amounts of other payments and fines due to the carrier, recalculation may be made after the release of the goods.

Until the consignee makes all payments due to the carrier at the railway station of destination, wagons, containers not issued to the consignee are at his responsible demurrage, and he is charged for the use of wagons, containers.

63. Cargo, including those consisting of several dissimilar items, is handed over for transportation under the general name "cargo for personal needs", indicating in the consignment note the name of each item constituting this shipment.

64. Carriage of cargo with the declaration of its value is carried out in accordance with the rules for the carriage of goods. Shipping with a declared value is subject to a fee, the rates of which are set out in the Tariff Manual. When presenting such cargo for transportation, the sender, together with the consignment note, submits to the carrier an inventory for the carriage of cargo with a declared value, drawn up in 3 copies. When presented for transportation on one waybill of goods of various values, their distinctive features, the number of pieces and value are indicated in the inventory in a separate line.

65. At the request (in writing) of the consignor or consignee, the carrier may redirect the transported cargo with a change in the consignee and (or) destination station.

The application can be submitted to the carrier both at the railway station of the original destination and at the railway station of departure. The application shall be accompanied by a genuine receipt of acceptance of the goods.

The carrier's expenses arising in connection with the forwarding of cargo shall be reimbursed by the consignor or consignee, on whose initiative the forwarding is carried out.

66. The carrier is obliged to notify the consignee of the cargo arrived at his address no later than 12 noon on the day following the day the cargo arrived. Such notification shall be made in writing or by telephone, unless otherwise provided by agreement of the parties.

If the carrier does not notify the arrival of the cargo, the consignee shall be exempted from the payment for the use of wagons, containers and the payment for storage of the cargo until notification of its arrival is received.

After the cargo arrives at the railway station of destination and the carrier notifies the consignee of the arrival of the cargo at his address, the responsibility for the calculations associated with the transportation lies with the consignee.

Upon the arrival of the cargo at the railway station of destination, the carrier is obliged to issue the cargo and the waybill to the consignee in the manner prescribed by the Charter

67. The carrier is obliged to deliver the goods to the destination and within the prescribed period.

Arrived in wagons, containers, cargo to be unloaded and issued in public places is stored at the destination railway station free of charge for 24 hours.

The period of free storage is calculated from 24:00 on the day of the unloading of cargo from wagons, containers provided by the carrier or from 24:00 of the day the carrier delivers wagons, containers with cargo to the place agreed by the parties for unloading cargo by the consignee.

VI. The procedure for submitting and considering claims

68. Prior to filing a claim against the carrier that arose in connection with the carriage of passengers, baggage, cargo luggage, a claim may be brought against the carrier in case of loss, shortage or damage (spoilage) of luggage, cargo luggage within 6 months, and in case of delay in the delivery of luggage and cargo luggage, departure delay or train delay - within 45 days.

The term for filing a claim is calculated in relation to:

a) compensation for damage (spoilage) or shortage of luggage, cargo luggage - from the date of issue of luggage, cargo luggage;

b) compensation for the loss of luggage, cargo luggage - after 30 days after the deadline for the delivery of luggage, cargo luggage;

e) list of attached documents.

71. The following supporting documents must be attached to the claim:

a) in case of loss of cargo luggage - a cargo luggage receipt for the acceptance of cargo luggage with a note from the destination railway station about the non-arrival of cargo luggage or a carrier's certificate of dispatch of cargo luggage with a note from the destination railway station about the non-arrival of cargo luggage, as well as a document confirming the amount of damage caused, certifying the amount and actual value of the sent cargo luggage;

b) in case of shortage, damage (spoilage) of cargo luggage - a cargo luggage receipt and a commercial act issued by the carrier, as well as a document confirming the amount of damage caused, certifying the quantity and actual value of the missing, damaged (spoiled) cargo luggage;

c) in case of delay in the delivery of cargo luggage - a cargo luggage receipt;

d) in case of loss of baggage - a baggage receipt;

e) in case of shortage or damage (spoilage) of baggage - a baggage receipt and a commercial act;

f) in case of delay in the delivery of baggage - an act of a general form;

g) in case of delay in departure or delay of the train - travel documents (tickets).

72. The carrier is obliged to consider the received claim and notify (in writing) the applicant of the results of its consideration within 30 days from the date of receipt of the claim.

In case of partial satisfaction or rejection of the applicant's claim, the carrier indicates in the notification the basis for the decision taken by him with reference to the relevant article of the Charter and returns the documents submitted along with the claim.

If the carrier satisfies the claim, the funds against the compensation for damage, fines or penalties, at the request of the applicant, are sent to the address indicated by him or are handed over to him at the location of the carrier.

73. Damage caused during the carriage of baggage, cargo baggage shall be reimbursed by the carrier in the event of:

a) loss or shortage of luggage, cargo luggage - in the amount of the cost of the lost or missing luggage, cargo luggage;

b) damage (spoilage) of luggage, cargo luggage - in the amount by which its value has decreased, and if it is impossible to restore the damaged luggage, cargo luggage - in the amount of its value;

c) loss of baggage, cargo baggage handed over for transportation with the declaration of its value - in the amount of the declared value of the baggage or cargo baggage.

74. When indemnifying for damage, the cost of luggage, cargo luggage is determined on the basis of its price indicated in the seller's invoice or provided for in the contract, and in the absence of the seller's invoice or price in the contract - on the basis of the price that, under comparable circumstances, is usually charged for similar goods.

The carrier, along with compensation for damage caused by the loss, shortage or damage (spoilage) of baggage, cargo baggage, returns to the passenger, recipient the payment for the carriage of baggage, cargo baggage, as well as other payments due to the passenger, recipient, collected for the transportation of lost, missing or damaged (damaged) baggage, cargo.

75. For the delay in the delivery of baggage, cargo baggage, the carrier, upon issuing them, pays to the passenger, recipient on the basis of an act drawn up at the request of the passenger, recipient, a penalty in the amount of 3 percent of the fee for the carriage of baggage, cargo baggage for each day of delay (incomplete days are considered full), but not more than in the amount of the fee for the carriage of luggage, cargo luggage.

76. Payment of a fine for a delay in the departure of a train or for a late train to the railway station of destination, with the exception of suburban transportation, is made by the carrier at the rate of 3 percent of the fare for each full hour of delay in the departure or delay of the train. At the same time, a delay in the departure or delay of a train by less than 1 hour is not taken into account.

Payment to a passenger of a fine for a delay in the departure of a train or for a late train to the railway station of destination, with the exception of suburban transportation, is not carried out on free travel documents (tickets), but on travel documents (tickets) issued at a discount, is made based on the price paid travel.

77. Presentation and consideration of claims in case of loss, shortage or damage (spoilage) of cargo, as well as in case of delay in delivery of cargo, are carried out in the manner prescribed by the Charter and the rules for the carriage of goods.

38. For non-fulfillment or improper fulfillment of obligations under the contract, the performer shall be liable under federal laws and the contract.

40. In case of detection of shortcomings in the rendered service (performed work), the consumer has the right, at his choice, to demand from the contractor:

A) gratuitous elimination of defects;

B) a corresponding reduction in the price set for the work;

C) gratuitous re-performance of work;

D) reimbursement of expenses incurred by him to correct deficiencies on his own or by third parties.

43. Shortcomings of the rendered service (performed work) must be eliminated by the executor within the reasonable period specified by the consumer, which is indicated in the contract.

A) a corresponding reduction in the price for the service rendered (work performed);

B) reimbursement of expenses incurred by him to eliminate the shortcomings of the rendered service (performed work) on his own or by third parties;

C) refusal to perform the contract and compensation for losses.

paragraph 46 of these Rules.

A penalty (penalty) for violation of the deadlines for the start of the provision of a service (performance of work), its stage (if the stages of the provision of a service (performance of work) are defined in the contract) shall be collected for each day (hour, if the terms are specified in the contract in hours) of delay until the start of the provision service (performance of work)), its stage or presentation by the consumer of the requirements provided for in paragraph 46 of these Rules.

The amount of the penalty (penalties) collected by the consumer cannot exceed the price of a particular type of service (performance of work) or the total price of the order, if the price of performance of a particular type of service (work) is not determined by the contract.

51. In case of non-fulfillment of the order within the established time limits, in addition to paying the penalty, the consumer must be refunded in full the extra charge for urgency, if such was provided for by the contract.

52. Losses caused to the consumer are subject to compensation in full in excess of the penalty (penalties) established by law or the contract, unless otherwise provided by law.

55. State control over compliance with these Rules is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (its territorial bodies), as well as other federal executive authorities (their territorial bodies) within their competence.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles

Document as amended by:
Decree of the Government of the Russian Federation of January 23, 2007 N 43;
(Official Internet portal of legal information www.pravo.gov.ru, 03.02.2017, N 0001201702030028).
____________________________________________________________________

Government of the Russian Federation
(Preamble as amended, entered into force on February 11, 2017 by Decree of the Government of the Russian Federation of January 31, 2017 N 109.

decides:

1. Approve the attached Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles.

2. Recognize as invalid:

clause 8 of the amendments and additions made to the acts of the Government of the Russian Federation on certification of products and services, approved by the Decree of the Government of the Russian Federation of October 2, 1999 N 1104 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1999, N 41, Art. 4923).

Prime Minister
Russian Federation
M. Kasyanov

RULES for the provision of services (performance of work) for the maintenance and repair of motor vehicles

APPROVED
Government Decree
Russian Federation
dated April 11, 2001 N 290

I. General provisions

1. These Rules, developed in accordance with, regulate the relations arising between the consumer and the contractor in the provision of services (performance of work) for the maintenance and repair of motor vehicles and their components (hereinafter referred to as motor vehicles).

2. The terms used in these Rules mean the following:

"consumer" - a citizen who intends to order, or ordering, or using services (works) for the maintenance and repair of motor vehicles solely for personal, family, household and other needs not related to entrepreneurial activities;

"executor" - an organization, regardless of the legal form, as well as an individual entrepreneur, providing services to consumers (performing work) for the maintenance and repair of motor vehicles under a reimbursable contract (hereinafter referred to as the contract).

II. Information about services (works), the procedure for accepting orders and drawing up contracts

3. The contractor is obliged to bring to the attention of the consumer the company name (name) of his organization, location (legal address) and mode of operation. This information must be posted on the sign.

The contractor - an individual entrepreneur must provide information on state registration indicating the name of the body that registered it.

This information should be placed in the room where orders are received, in a place convenient for viewing, and must contain:

a) a list of services provided (works performed) and forms of their provision;

b) the names of the standards, the mandatory requirements of which must comply with the services provided (work performed);

d) prices for services rendered (works performed), as well as prices for spare parts and materials used in this case, and information on the procedure and form of payment;

e) warranty periods, if any;

f) information on the timing of orders;

g) an indication of a specific person who will provide the service (perform work), and information about him, if it matters based on the nature of the service (work).

5. Information on the mandatory confirmation of the compliance of the services provided (works performed) with mandatory requirements that ensure their safety for the life and health of consumers, the environment and the prevention of harm to consumers' property is also provided in the form of marking in accordance with the established procedure with a conformity mark.

6. The contractor is also obliged to provide the consumer for review:

a) these Rules;

b) the address and telephone number of the consumer rights protection unit of the local government, if such a unit exists;

d) a list of categories of consumers entitled to receive benefits, as well as a list of benefits provided in the provision of services (performance of work), in accordance with federal laws and other regulatory legal acts.