Federal Service on Customers' Rights Protection and Human Well-being Surveillance (Rosporebnadzor) Financial Consumer Policy in Russian Federation Svetlana Mukhina, Deputy Director Department of Consumer Rights Protection June 14, 2013 Improving the National System of Consumer Rights Protection 2 Improving the National System of Financial Consumer Rights Protection Provisions of the Article 9 of the Federal Law № 161-FZ (27 June 2011) “On the National Payment System” will come into effect since January 1, 2014. These provisions will establish additional protection of consumer economic interests, when using electronic payment instruments (bank transfers) Draft Federal Law № 105976-6 “On amendments to the Federal Law “On insolvency (bankruptcy)” and certain Legislative Acts of the Russian Federation as related to the regulation of rehabilitation procedures, applying to the debtors” Draft Federal Law “On telecommunication services” Draft Federal Law “On amendments to the Federal Law “On Consumer Rights Protection”” (merchandise, works, services payment, by cash or noncash payments and payment cards) Draft Federal Law “On amendments to the Criminal Code of the Russian Federation and certain Legislative Acts of the Russian Federation” (financial pyramid prohibition) Draft Federal Law “On consumer credit” 3 Financial Literacy and Institution of Financial Ombudsman in Russia One of the goals of Financial Education and Financial Literacy Project is to pilot a model of financial ombudsman as a mechanism of extrajudicial dispute resolution for Russian consumers of financial services. Since 2008 federal executive bodies cooperate with the World Bank, Russian bank associations and consumer unions in the field of the establishment of the institution of financial ombudsman for the Russian Federation 4 Improving the System of Consumer Rights Protection: Consumer Testing of Standard Regulations “The head of each federal agency whose activities bear significantly on consumer welfare designate a special assistant in his office to advise and assist him in assuring adequate and effective attention to consumer interests in the work of the agency, to act as liaison with consumer and related organizations, and to place increased emphasis on preparing and making available pertinent research findings for consumers in clear and useable form”. Special Message to the Congress on Protecting the Consumer Interest J.F. Kennedy, March 15, 1962 Draft bills, containing norms on consumer rights protection or influencing relations with customers, will be sent to the Rospotrebnadzor to evaluate impact on legal relations with consumer. This evaluation will assess compliance of the draft bill with the legislation on consumer protection in order to identify provisions that infringe consumer rights, or provide conditions for consumer rights infringement, or impede realization of these rights. Draft Decree of the Government of the Russian Federation “On amendments to the Protocol of the Government of the Russian Federation” 5 Broadening Executive Powers of Rospotrebnadzor in Consumer Rights Protection Rospotrebnadzor is: responsible for drafting and implementing public policy and legal regulation in the field of consumer protection exercises elaboration of strong requirements in the field of consumer protection carries out examination of adherence to technical regulations in accordance with the established procedure •Decree of the Government of the Russian Federation of April 6, 2004, № 154 “On the Issues of the Federal Supervision Agency for Customer Protection and Human Welfare”. • Decree of the Government of the Russian Federation of June 30, 2004 № 322 “On the Recognition of the Federal Service on Customers' Rights Protection and Human Well-being Surveillance” as amended by the Resolution of the Government of the Russian Federation on January 30, 2013, №65. 6 Development and Management of Public Information Resource in the Field of Consumer Rights Protection Rospotrebnadzor is authorized to develop and manage the public information resource in the field of consumer rights protection, as well as to coordinate the activities of authorized federal executive authorities exercising state control (supervision) over compliance with safety requirements, determined technical regulations, and customers non-governmental associations (their associations, unions), related to participation in the development of above-mentioned resource. • Item 8 Article 40 of the Law of the Russian Federation of February 7, 1992, № 2300-1 “On Consumer Rights Protection” • Decree of the Government of the Russian Federation of February 16, 2013, № 129 “On Public Information Resource in the field of Consumer Protection” 7 Rospotrebnadzor’s Methods for Improvement of Consumer Protection Civil law protection of the consumers Issue of injunctions to eliminate the violations for the banks Lections, open seminars, training, concourses Working with media Functioning of Consulting Council of Rospotrebnadzor Providing consumers with consultations: through public reception offices and telephone hotlines in consulting centers and consulting points for consumers in all regions of Russia 740 84 consulting centers in all subjects of Russia 521 consultants consulting points (Rospotrebnadzor staff) 8 March 15 – World Consumers Rights Protection Day. Rospotrebnadzor practice In 2013 Rospotrebnadzor experts performed more than 35 000 of information events for World Consumers Rights Protection Day in Russia: 3 500 of young people and 136 000 of students and schoolchildren 9 Example of organization of financial consumer protection – Tver region Consulting center in Tver 9 consulting points in the region TVER REGION 10 Growing number of Rospotrebnadzor’s consultations for financial consumers Source: Rospotrebnadzor regional offices’ data. 11 Administrative activities of regional Rospotrebnadzor offices on financial consumer protection Indicator 2008 2009 2010 2011 2012 INCREASE, % (2012 to 2008) Number of control activities performed 665 582 876 1390 1 388 108 Number of administrative investigations 199 273 658 804 898 351 Number of administrative reports issued 238 401 950 1219 1 494 528 Number of decisions about bringing to administrative account 197 326 720 1092 1 083 450 Number of decisions to dismiss the case 63 113 183 206 239 279 Number of decisions appealed by the banks 124 188 394 570 494 298 12 Conclusions given by Rospotrebnadzor for civil cases on financial consumer protection issues 13 Number of cases on financial consumer protection reviewed by the courts of general jurisdiction (in all consumer protection cases concerning services) Source: Supreme Court of the Russian Federation. 14 Improving the National System of Consumer Rights Protection: open analysis of the results Publication of the Government Report “On the Protection of Consumer Rights in the Russian Federation” is recommenced in 2013: the report is prepared by Rospotrebnadzor, published and would be brought in the Government of the Russian Federation before June 1 of the year, following the reporting year, the report is published as a separate edition and is submitted to the federal executive authorities and the federal authorities of the federal subjects of the Russian Federation, as well as posted on the official web-site of Rospotrebnadzor (its territorial bodies) in the Internet at: http://rospotrebnadzor.ru • Article 40 of the Law of the Russian Federation of February 7, 1992 № 2300-1 «On Consumer Rights Protection» • Decree of the Government of the Russian Federation of April 5, 2012, №28 «Governmental Report on Consumer Rights Protection in the Russian Federation» • Decree of the Government of the Russian Federation of February 16, 2013 № 129 «On Public Information Resource in the field of Consumer Rights Protection» 15 Rospotrebnadzor’s participation in international cooperation for better financial consumer protection Answers on FSB Questionnaire on Consumer Finance Protection were collected within the framework of Russia’s participation in international research on financial consumer protection conducted by Financial Stability Board. Report on the Status of Financial Consumer Protection has been prepared within the framework of a joint project of the Ministry of Finance of the Russian Federation and the World Bank “Financial Education and Financial Literacy Project for the Russian Federation”. It will be presented in English on the G20 Summit in September 2013. S.-Petersburg 16 Thank you for your attention! http://rospotrebnadzor.ru