Елена Самтынова
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Инициатива Правительства РФ предусматривает внесение изменений в Закон РФ от 7 февраля 1992 г. № 2300-I «О защите прав потребителей» (далее – Закон № 2300-I). В частности, в ст. 16.1 Закона № 2300-I, которая устанавливает порядок и форму оплаты при продаже товаров, выполнении работ, оказании услуг, предлагается1 обязать субъекты предпринимательской деятельности обеспечить возможность оплаты товаров (работ, услуг) с использованием национальных платежных инструментов в рамках национальной системы платежных карт, если их выручка за предшествующий год превысила 20 млн руб. Сегодня такое требование касается тех лиц, выручка которых за предыдущий год составила свыше 40 млн руб. Кроме того, планируется распространить это правило, независимо от полученной суммы выручки, и на владельцев агрегаторов информации о товарах и услугах.
Действие закона в случае его принятия авторы законопроекта предлагают распространять поэтапно. Для предпринимателей (в том числе для владельцев агрегаторов информации о товарах и услугах), заработок которых от прямой деятельности превышает:
40 млн руб. – с 31 декабря 2019 года;30 млн руб. – с 1 сентября 2020 года;20 млн руб. – с 1 января 2021 года.
Как следует из пояснительной записки к законопроекту, такие меры преследуют цель создания правовых условий при оплате гражданами товаров (работ, услуг) путем безналичного расчета, в том числе через Интернет. Кроме того, указывается, что это позволит установить контроль за реализацией товаров, так как значительная доля продажи контрафактной продукции осуществляется именно фирмами-однодневками (чаще всего по Интернету), использующих наличную форму расчетов, создавая неравные условия конкуренции для добросовестных предпринимателей. Ожидается, что принятие закона будет стимулировать дальнейшее расширение инфраструктуры приема национальных платежных инструментов, повысит прозрачность дистанционной торговли и защитит права потребителей.
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1 С текстом законопроекта № 861571-7 «О внесении изменений в статью 16-1 Закона Российской Федерации «О защите прав потребителей» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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