12 march 2013
Official Government review of the draft law On Holding the Law of the USSR On Consumer Rights Protection Invalid in the Russian Federation
The draft law On Holding the Law of the USSR On Consumer Rights Protection Invalid in the Russian Federation was submitted by the Legislative Assembly of the Jewish Autonomous Area.
The Russian Government has reviewed the submitted draft federal law. The draft law would declare void, on the territory of the Russian Federation, the Law of the USSR On Consumer Rights Protection due to the fact that the aforesaid legislation is not being practiced.
According to Article 11 of the Agreement on Establishing the Commonwealth of Independent States of 8 December 1991, the legal acts of third states, including those of the USSR, may not be applied on the territories of the signee states.
According to Clause 4 of Article 15 of the Russian Constitution, international treaties of the Russian Federation are an integral part of its legal system.
Paragraph 2 of the resolution of the Supreme Council of the RSFSR of 12 December 1991 No 2014-I On Ratification of the Agreement on Establishing a Commonwealth of Independent States reads that until respective legislative acts of the RSFSR are adopted, legal norms of the former Union of the Soviet Socialist Republics are applicable where they do not contradict the legislation of the RSFSR and the aforementioned agreement.
Thus the law of the USSR On Consumer Rights Protection cannot be applied on the territory of the Russian Federation since legal relations governed by it are covered by the adopted law of the Russian Federation On Consumer Rights Protection.