Article 14.8 part 1 of the Code of Administrative Offenses. Gift for the New Year - part 1 of article 14.8 of the Code of Administrative Offenses

Arbitrage practice according to Art. 14.8 of the Code of Administrative Offenses of the Russian Federation, appealing fines for violation of other consumer rights

SVERDLOVSK REGIONAL COURT

Judge Ushakov V.I.

Sverdlovsky judge regional court Sazonova O.V., having examined in open court hearing March 09, 2017 S.’s complaint against the decision of Judge Leninsky district court Ekaterinburg dated December 14, 2016, issued following the consideration of a complaint against an official’s decision in a case of an administrative offense,

installed:

by resolution of the chief Territorial department Office of Rospotrebnadzor Sverdlovsk region in Leninsky, Verkh-Isetsky, Oktyabrsky and Kirovsky districts of the city of Yekaterinburg dated August 09, 2016 to the regional manager of LLC "" S. under Part 1 of Art. 14.5 of the Code Russian Federation about administrative offenses An administrative penalty was imposed in the form of a fine in the amount of 3,000 rubles for the provision of services by an organization in the absence of established information about the contractor.
By the decision of the judge, the decision on sentencing was changed, S.’s actions were reclassified under Part 1 of Art. 14.8 of the Code of the Russian Federation on Administrative Offenses with the appointment of administrative punishment in the form of a fine of 500 rubles.
In his complaint, S. raises the question of canceling the decisions taken in the case, since there is no element of an administrative offense in his actions.

Having checked the case materials and the arguments of the complaint, I come to the following.
Part 1 of Article 14.8 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for violation of the consumer’s right to receive necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about the mode of their work.
In accordance with paragraph 1 of Art. 9 of the Law of the Russian Federation of February 7, 1992 N 2300-1 “On the Protection of Consumer Rights”, the manufacturer (performer, seller) is obliged to bring to the attention of the consumer brand name(name) of your organization, its location (address) and its operating hours. The seller (performer) places the specified information on the sign.
However specified requirement Law S. has not been fulfilled.
As follows from the case materials, on June 30, 2016, during the inspection it was established that the LLC “” sign posted on the doors of the Service Center at the address:<…>Yekaterinburg, not specified legal address(location) of organization (<…>G.).
The above circumstances are confirmed by the inspection report dated July 27, 2016 and recorded in the protocol on administrative offense, which was drawn up authorized person In accordance with the requirements of Art. 28.2 of the Code of the Russian Federation on Administrative Offences.
According to Art. 2.4 of the Code of the Russian Federation on Administrative Offenses administrative responsibility an official is liable if he commits an administrative offense in connection with non-fulfillment or improper fulfillment of his official duties.
As follows from the case materials, S. was hired as a regional manager at LLC "" on March 1, 2016. During the inspection, S. participated in procedural actions at the location of the Service Center LLC "" at the address:< >Yekaterinburg as legal representative legal entity, which was not disputed by him at the time of the inspection. In addition, S. sent to the Territorial Department of the Rospotrebnadzor Office for the Sverdlovsk Region information about the elimination of the identified Service center violations.
Under such circumstances, the official and the judge came to a reasonable conclusion that S. was guilty of failing to provide consumers with information about the service provider, and his actions were correctly qualified by the judge under Part 1 of Art. 14.8 of the Code of the Russian Federation on Administrative Offences.
At the same time, the decision of the official and the decision of the judge are subject to change on the following grounds.
By virtue of Part 1 of Article 4.1.1 of the Code of the Russian Federation on Administrative Offences, persons who are subjects of small and medium-sized businesses carrying out entrepreneurial activity without forming a legal entity, and to legal entities, as well as their employees, for the first time committed an administrative offense identified during the implementation of state control(supervision), municipal control, in cases where the imposition of an administrative penalty in the form of a warning is not provided for by the relevant article of Section II of this Code or the law of a constituent entity of the Russian Federation on administrative offenses, an administrative penalty in the form administrative fine shall be replaced by a warning if circumstances exist, provided for by part 2 of Article 3.4 of this Code, except for the cases provided for in Part 2 of this article.
According to information from Unified register of small and medium-sized businesses as of March 9, 2017 LLC "" is included in specified register and classified as a “Micro-enterprise”.
In accordance with Part 1 and Part 2 of Art. 3.4 of the Code of the Russian Federation on Administrative Offenses, a warning is a measure of administrative punishment, expressed in official censure of an individual or legal entity, which is issued in writing and is established for administrative offenses committed for the first time in the absence of causing harm or a threat of harm to the life and health of people, animal objects and flora, environment, objects cultural heritage(historical and cultural monuments) of the peoples of the Russian Federation, state security, threats emergency situations natural and technogenic nature, and also in the absence property damage.
From the case materials it follows that S. has not previously been brought to administrative responsibility, and the offense he committed did not entail harm or a threat of harm to the life and health of people or others negative consequences.
Therefore, the imposed punishment in the form of an administrative fine must be replaced with a warning.
Taking into account the above, guided by clause 1, part 1, art. 30.7, Art. 30.9 of the Code of the Russian Federation on Administrative Offenses, judge

resolution of the head of the Territorial Department of the Rospotrebnadzor Office for the Sverdlovsk Region in the Leninsky, Verkh-Isetsky, Oktyabrsky and Kirovsky districts of the city of Yekaterinburg dated August 9, 2016 and the decision of the judge of the Leninsky District Court of Yekaterinburg dated December 14, 2016 in the case of an administrative offense under Part. 1 tbsp. 14.8 of the Code of the Russian Federation on Administrative Offences, in relation to the regional manager of the Company with limited liability"" Change S. by giving him a punishment in the form of a warning.

Judicial practice under Art. 14.8 Code of Administrative Offenses of the Russian Federation

1. Violation of the consumer’s right to receive necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about the mode of their work -

entails a warning or the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.

2. Inclusion in the contract of conditions that infringe on the rights of the consumer, established by law on the protection of consumer rights, -

shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.

3. Failure to provide the consumer with benefits and benefits, established by law, -

shall entail the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.

4. Failure to fulfill the obligation to ensure the possibility of paying for goods (works, services) by cash or using national payment instruments within national system payment cards at the consumer's choice, if in accordance with federal law provision of such an opportunity is mandatory, or violation of other consumer rights established by law related to payment for goods (work, services), -

shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to thirty thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles.

Comments to Art. 14.8 Code of Administrative Offenses of the Russian Federation

1. The article under comment combines three administrative offenses. Its goal is to protect by administrative and legal methods the rights and legitimate interests of consumers in the field of trade, performance of work and provision of services.

2. The administrative offense provided for in Part 1 of this article infringes on the consumer’s right to receive necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about the mode of their work. In accordance with Art. 8 of the Law of the Russian Federation "On the Protection of Consumer Rights" (as amended and additionally), the consumer has the right to demand that he be provided specified information in a visual and accessible form.

Main list mandatory information on goods (works, services) is provided for by the Law of the Russian Federation “On the Protection of Consumer Rights” (see paragraph 2 of Article 10). All information about goods (works, services) must be contained in technical documentation, attached to goods (works, services), on labels, markings or indicated in any other way adopted for certain types of goods (works, services), and communicated to consumers.

List of specific types of goods (works, services) necessary information about them and the methods of conveying information to the consumer are established by regulatory legal acts Government of the Russian Federation (for example, Decree of the Government of the Russian Federation dated January 19, 1998 N 55 approved the Rules for the sale of certain types of goods (as amended and additionally)). See also Decree of the Government of the Russian Federation of April 23, 1997 N 481 “On approval of the list of goods, information about which must contain contraindications for use in certain types diseases."

In addition to information about goods (works, services), the consumer has the right to receive information about the manufacturer, performer, seller, about the operating hours of the manufacturer, performer, seller (see Articles 9 and 11 of the Law of the Russian Federation “On Protection of Consumer Rights”).

The consumer's right to receive necessary and reliable information is specified by other federal laws.

3. The objective side of the administrative offense provided for in Part 1 of this article consists of actions or inactions of the manufacturer, performer, seller, aimed at evading execution or improper execution responsibilities to provide the consumer with the necessary and reliable information; violation of requirements regarding methods of bringing information to the attention of the consumer.

The subjects of this administrative offense are officials, legal entities, individual entrepreneurs.

From the subjective side, this offense can be committed either with direct intent or through negligence.

4. The object of the administrative offense provided for in Part 2 of this article is public relations arising in the process of concluding purchase and sale contracts, performance of work or provision of services by the consumer. This offense infringes on the rights established by law, legitimate interests and guarantees of consumer rights. The basic provisions on the conditions and procedure for concluding contracts are established by the Civil Code of the Russian Federation (see, for example, Art. 427, 432, 454, 455, 492, 730, etc.). Many of these provisions are specified by the relevant federal laws and other legal acts on certain types of contracts.

Objective side The administrative offense provided for in Part 2 of the commented article is expressed in actions that violate the norms of legislation on the conditions and procedure for concluding contracts, norms prohibiting the inclusion in contracts of conditions that infringe on the rights of the consumer.

From the subjective side, these actions can only be intentional. The subjects of this administrative offense are the same persons who are recognized as subjects of the offense established by Part 1 of this article.

5. The administrative offense provided for in Part 3 of this article infringes on the benefits and advantages of the consumer established by law in the implementation of sales contracts, performance of work and provision of services.

The main types of benefits and advantages, the categories of citizens who have the right to use them, as well as the procedure for providing these benefits and advantages are determined by federal laws and other regulatory legal acts of the Russian Federation (see Federal Laws of November 24, 1995 N 181-FZ "On social protection disabled people in the Russian Federation"; dated January 12, 1995, No. 5-FZ "On Veterans" (as amended and supplemented)).

The objective side of the offense in question consists of actions or inactions aimed at violating norms federal legislation and legislation of the constituent entities of the Russian Federation on benefits and advantages for certain categories consumers, as well as the procedure for providing these benefits and advantages.

From the subjective side, such actions (inaction) can be committed intentionally or through negligence.

The subjects of an administrative offense under Part 3 of this article are officials and legal entities.

6. Cases of administrative offenses are considered by officials of bodies exercising control and supervision functions in the field of protection of consumer rights and consumer market(v. 23.49).

Protocols on administrative offenses are drawn up by officials of the above bodies (Part 1 of Article 28.3).

Codes of the Russian Federation

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Current version of Art. 14.8 Code of Administrative Offenses of the Russian Federation with comments and additions for 2018

1. Violation of the consumer’s right to receive necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about the mode of their work -
entails a warning or the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles (paragraph as amended, put into effect on July 8, 2007 by Federal Law of June 22, 2007 N 116-FZ; supplemented on August 13, 2010 by Federal Law of July 27, 2010 N 239-FZ.

2. Inclusion in a contract of conditions that infringe on consumer rights established by legislation on the protection of consumer rights -
(Paragraph as amended, put into effect on July 1, 2014 by Federal Law of December 21, 2013 N 363-FZ.

shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand rubles (paragraph as amended, put into effect on July 8, 2007 by Federal Law of June 22, 2007 N 116-FZ.

3. Failure to provide a consumer with benefits and advantages established by law -
shall entail the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles (paragraph as amended, put into effect on July 8, 2007 by Federal Law of June 22, 2007 N 116-FZ.

4. Failure to fulfill the obligation to ensure the possibility of paying for goods (work, services) by cash or using national payment instruments within the framework of the national payment card system at the choice of the consumer, if, in accordance with federal law, ensuring such a possibility is mandatory, or violation of other provisions established by law consumer rights related to payment for goods (works, services) -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to thirty thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles.

(Part additionally included from January 1, 2015 by Federal Law of May 5, 2014 N 112-FZ)

Commentary on Article 14.8 of the Code of Administrative Offenses of the Russian Federation

1. The article under comment combines three administrative offenses. Its goal is to protect by administrative and legal methods the rights and legitimate interests of consumers in the field of trade, performance of work and provision of services.

2. The administrative offense provided for in Part 1 of this article infringes on the consumer’s right to receive necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about the mode of their work. In accordance with Art. 8 of the Law of the Russian Federation “On the Protection of Consumer Rights” (as amended and supplemented), the consumer has the right to demand that the specified information be provided to him in a clear and accessible form.

The main list of mandatory information about goods (works, services) is provided for by the Law of the Russian Federation “On the Protection of Consumer Rights” (see paragraph 2 of Article 10). All information about goods (works, services) must be contained in the technical documentation attached to the goods (works, services), on labels, markings or indicated in any other way accepted for certain types of goods (works, services), and communicated to consumers.

For certain types of goods (works, services), a list of necessary information about them and methods of communicating information to the consumer are established by regulatory legal acts of the Government of the Russian Federation (for example, Resolution of the Government of the Russian Federation of January 19, 1998 N 55 approved the Rules for the sale of certain types of goods (as amended. and additional)). See also Resolution of the Government of the Russian Federation of April 23, 1997 N 481 “On approval of the list of goods, information about which must contain contraindications for use in certain types of diseases.”

In addition to information about goods (works, services), the consumer has the right to receive information about the manufacturer, performer, seller, about the operating hours of the manufacturer, performer, seller (see Articles 9 and 11 of the Law of the Russian Federation “On Protection of Consumer Rights”).

The consumer's right to receive necessary and reliable information is specified by other federal laws.

3. The objective side of the administrative offense provided for in Part 1 of this article consists of actions or inactions of the manufacturer, performer, seller, aimed at evading fulfillment or improper fulfillment of obligations to provide the consumer with necessary and reliable information; violation of requirements regarding methods of bringing information to the attention of the consumer.

The subjects of this administrative offense are officials, legal entities, and individual entrepreneurs.

From the subjective side, this offense can be committed either with direct intent or through negligence.

4. The object of the administrative offense provided for in Part 2 of this article is social relations arising in the process of concluding purchase and sale contracts, performance of work or provision of services by the consumer. This offense infringes on the rights, legitimate interests and guarantees of consumer rights established by law. The basic provisions on the conditions and procedure for concluding contracts are established by the Civil Code of the Russian Federation (see, for example, Art. 427, 432, 454, 455, 492, 730, etc.). Many of these provisions are specified by the relevant federal laws and other legal acts on certain types of contracts.

The objective side of the administrative offense provided for in Part 2 of the commented article is expressed in actions that violate the norms of legislation on the conditions and procedure for concluding contracts, norms prohibiting the inclusion in contracts of conditions that infringe on the rights of the consumer.

From the subjective side, these actions can only be intentional. The subjects of this administrative offense are the same persons who are recognized as subjects of the offense established by Part 1 of this article.

5. The administrative offense provided for in Part 3 of this article infringes on the benefits and advantages of the consumer established by law in the implementation of sales contracts, performance of work and provision of services.

The main types of benefits and advantages, the categories of citizens who have the right to use them, as well as the procedure for providing these benefits and advantages are determined by federal laws and other regulatory legal acts of the Russian Federation (see Federal Laws of November 24, 1995 N 181-FZ "On Social protection of disabled people in the Russian Federation"; dated January 12, 1995, No. 5-FZ "On Veterans" (as amended and supplemented)).

The objective side of the offense in question consists of actions or inaction aimed at violating the norms of federal legislation and the legislation of constituent entities of the Russian Federation on benefits and benefits for certain categories of consumers, as well as on the procedure for providing these benefits and advantages.

From the subjective side, such actions (inaction) can be committed intentionally or through negligence.

The subjects of an administrative offense under Part 3 of this article are officials and legal entities.

6. Cases of administrative offenses are considered by officials of bodies exercising control and supervision functions in the field of protecting consumer rights and the consumer market (Article 23.49).

Protocols on administrative offenses are drawn up by officials of the above bodies (Part 1 of Article 28.3).

Consultations and comments from lawyers on Article 14.8 of the Code of Administrative Offenses of the Russian Federation

If you still have questions regarding Article 14.8 of the Code of Administrative Offenses of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

1. Violation of the consumer’s right to receive necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about the mode of their work -

entails a warning or the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.

2. Inclusion in the contract of conditions that infringe on the rights of the consumer established by the legislation on the protection of consumer rights -

shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.

3. Failure to provide the consumer with benefits and advantages established by law -

shall entail the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.

4. Failure to fulfill the obligation to ensure the possibility of paying for goods (work, services) by cash or using national payment instruments within the framework of the national payment card system at the choice of the consumer, if, in accordance with federal law, ensuring such a possibility is mandatory, or violation of other provisions established by law consumer rights related to payment for goods (works, services) -

shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to thirty thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles.

Commentary to Art. 14.8 Code of Administrative Offenses of the Russian Federation

1. Object this offense are public relations in the field of consumer protection, relations in the field of trade and other forms of entrepreneurial activity.

Objective side of this act is expressed in violation of the requirements of legislation on the protection of consumer rights, and in in this case they can be fulfilled both by committing active actions, and in the form of inaction. For example, the provisions of Part 1 indicate the objective side in the form of inaction, expressed in failure to provide the consumer necessary information about the product, work, service, their manufacturers (performers) and their mode of operation.

The objective side under Part 2 of this article is expressed in actions that consist in violating the enshrined civil law the principle of freedom of contract. The objective side in this case is expressed by including in the text of the contract, which, as a rule, is developed by the seller, performer of work or services, conditions that infringe on the rights of the consumer established by legislation on the protection of consumer rights. Specified actions often become the subject of litigation.

Thus, based on a consumer complaint about a violation of his rights and legitimate interests in the provision of housing utilities and on the basis of a letter from the deputy prosecutor, the assistant prosecutor, together with an official of the Rospotrebnadzor department for the constituent entity of the Russian Federation, carried out an unscheduled control (supervision) event in relation to management company LLC "Emerald City" During the inspection, it was established that the information provided for in subparagraph “p” of paragraph 49 of the Decree of the Government of the Russian Federation of May 23, 2006 “On the procedure for providing utility services to citizens” was not communicated to the consumer in a clear and accessible form. Based on the violations identified, the prosecutor issued a resolution to initiate a case for an administrative offense under Part 1 of Art. 14.8 Code of Administrative Offences. By the decision in the case of an administrative offense, the company was brought to administrative liability under Part 1 of Art. 14.8 Code of Administrative Offences. However, the court came to the conclusion that the event of an offense imputed to society under Part 1 of Art. 14.8 of the Code of Administrative Offenses was not proven.
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The objective side of Part 3 of this article is also expressed in the form of inaction, which consists in not providing the consumer with benefits and advantages established by law, for example, discounts, etc.

The objective side of the offense provided for in Part 4 of the commented article is expressed in a violation legal rights consumers related to payment for goods (work, services), in particular, violation of the consumer’s right to choose when paying for goods (work, services) in cash or using national payment instruments within the framework of the national payment card system, as well as other rights established by law, when payment for goods (works, services). Part 4 comes into force on January 1, 2015.

2. The law defines officials and legal entities that sell goods, perform work and provide services as the subject of responsibility for committing these acts. In most cases, the head of the legal entity that has committed the violation provided for in this article is considered as an official. However, along with the manager, another official may also be held accountable, for example, a construction site foreman, a foreman, etc., i.e. entity responsible for quality control sold goods, work performed or services provided. Along with legal entities, specified species Activities can also be fully carried out by individual entrepreneurs, who are not provided for by the sanction of this article as subjects of liability.

Subjective side The acts in question can be expressed either by intent or by negligence.

ST 14.8 Code of Administrative Offenses of the Russian Federation

1. Violation of the consumer’s right to receive necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about the mode of their work -

entails a warning or the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.

2. Inclusion in a contract of conditions that infringe on consumer rights established by legislation on the protection of consumer rights -

shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.

3. Failure to provide a consumer with benefits and advantages established by law -

entails the imposition of an administrative fine
and for officials in the amount of five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.

4. Failure to fulfill the obligation to ensure the possibility of paying for goods (work, services) by cash or using national payment instruments within the framework of the national payment card system at the choice of the consumer, if, in accordance with federal law, ensuring such a possibility is mandatory, or violation of other provisions established by law consumer rights related to payment for goods (works, services) -

shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to thirty thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles.

Commentary to Art. 14.8 of the Code of Administrative Offenses of the Russian Federation

1. The object of administrative offenses provided for in the commented article is public relations in the field of consumer protection. The direct subject of infringement is the rights and legitimate interests of the consumer in the field of trade, performance of work and provision of services.

2. The objective side of the offense (Part 1) is a violation of the consumer’s right to receive the necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about the mode of their work.

3. The objective side of the offense (Part 2) is the inclusion in the contract of conditions that infringe on the rights of the consumer established by law.

4. The objective side of the offense (Part 3) is the failure to provide the consumer with benefits and advantages established by law.

5. The objective side of the offense (Part 4) consists of failure to fulfill the obligation to ensure the possibility of payment for goods (work, services) by cash or using national payment instruments within the framework of the national payment card system at the choice of the consumer, if, in accordance with federal law, the provision such a possibility is mandatory, or in violation of other consumer rights established by law related to payment for goods (work, services).

6. The subjects of an administrative offense are officials, legal entities, and individual entrepreneurs.

7. The subjective side of the offense is characterized by intent or negligence.

8. Protocols on administrative offenses are drawn up by officials authorized to consider cases of this category (Part 1 of Article 28.3 of the Code of Administrative Offenses of the Russian Federation).

9. Cases of administrative offenses are considered by officials of bodies exercising control and supervision functions in the field of protecting consumer rights and the consumer market (Article 23.49 of the Code of Administrative Offenses of the Russian Federation).