Is a passport required when returning goods by the buyer and is this legal?

Passport for returning goods: Law of the Russian Federation

Such a situation, as a rule, needs to be considered both from the side of law and from the side of practice.

Considering this situation from the point of view of the law, i.e. provided for in Articles 18 and the Law of the Russian Federation “On the Protection of Consumer Rights”, it can be noted that the consumer not need to have a passport with him in order to exchange or return a product that did not meet certain parameters or was completely of inadequate quality.

The law talks about the safety of the marketable appearance, the presence of a sales receipt, and also specifies other requirements, but says absolutely nothing about the presence of a document identifying the consumer returning or exchanging the goods.

When can I return an item?

According to the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1 (hereinafter referred to as the PLPP), when buying and selling, a citizen can return the purchase if:

the goods were sold with defects (paragraph 6, paragraph 1, article 18 of the PPSA);
the buyer decided to exchange products of proper quality, but the seller did not have a similar one (paragraph 1, paragraph 2, article 25 of the LPA).

A return means transferring the purchase back to the store, which, in turn, returns the money to the buyer.

You can find out what consumer rights are when returning goods in general from the corresponding publication on our website. In this article, we will tell you how the seller should proceed in order to correctly return the money to the buyer, and what documents should be asked for.

ConsultantPlus has many ready-made solutions, including how to return a quality product. If you don't have access to the system yet, you can sign up for a free trial online! You can also get the current K+ price list.

Do I need a passport when returning goods?

From the practical side, everything is also quite interesting.

When processing the issuance of funds paid for returned goods in a certain amount, the seller still needs a passport.

A passport is needed not because the seller wanted it that way or decided to find fault with you (does not want to return your money), but because in addition to issuing funds, the seller also needs to fill out all the accompanying documentation about returning the goods.

Thus, when returning goods, a passport is necessary to identify the applicant and record data about him in the reporting documentation.

ATTENTION! How to file a complaint with the seller?

It should also be noted that judicial practice tends to favor the seller’s right to demand a passport from the buyer when returning funds to their cash register.

The court recognizes such actions of the seller as necessary in such a situation (for example, the ruling of the Pavlovo-Posad City Court of the Moscow Region dated November 22, 2013 in case No. 11-37/2013).

It is also impossible to recognize the seller’s demands as unlawful when he asks to indicate the buyer’s passport data in the return application (Resolution of the Armed Forces of the Russian Federation dated June 15, 2016 No. 25-AD15-3).

If you pay for goods by credit card, the funds must be returned to the bank card. The buyer does not need to have a passport; it is enough to present a cash receipt and the bank card from which the payment was made.

Reasons for deprivation

Driving a vehicle without license plates or false plates. In this case, the traffic police withdraws the license for 30 days or 1 year. Considered on an individual basis.
You cannot use special signals if they are not provided. For this you can lose your license for 6-24 months.
One of the main offenses is drunk driving. Deprivation of rights occurs immediately. The situation is aggravated if the driver obstructed the police and refused the examination procedure. For this they will be deprived of their rights for one and a half to three years.
A driver's license is confiscated if the speed limit is violated. The accepted norm is 60 km/h. The driver will not be able to drive a vehicle for 4-6 months.
If a car driver drives into the oncoming lane, he can say goodbye to his driver’s license for 4-6 months.
You need to be especially careful when crossing railway tracks; if the rules are violated, your license will be confiscated for 3-12 months.
You should definitely let cars with special signals (blue flashing light) through. The temporary residence permit is taken for 1-3 months.
Freight transportation is highlighted as a separate article. For example, rights are deprived for 2-6 months if there are no documents permitting transportation, the permissible size of the cargo is exceeded, or dangerous cargo is transported with violations in another city.
If there are victims in an accident, the driver is deprived of his driving license for 12-24 months.
When a driver leaves the scene of an accident, he automatically breaks the law. This act entails the seizure of the document for 12-18 months.

Also read: How to register for kindergarten through government services

Return methods

There is a new law in the Russian Code of Administrative Offenses that corrects the return of rights back to the owner. The changes also affected the issue of confiscation of human rights. A government representative no longer has the right to take them away on the spot. The driver can use them until a court hearing is scheduled.

Please remember that returns or exchanges can only be made at the store where the purchase was made. Even if it is a network mass market, it will not be possible to return the goods in any store. Also, if you bought an item online, it will not be accepted back in the offline store of this network.

Documents drawn up by the seller in case of returning goods after the closing of the cash register shift

In order to return a product, the buyer needs to be guided by only one law “On the Protection of Consumer Rights,” but the seller, in order to issue a return, must adhere to the requirements of a number of laws , such as:

Directive of the Bank of Russia dated March 11, 2014 N 3210-U (as amended on February 3, 2015) “On the procedure for conducting cash transactions by legal entities and the simplified procedure for conducting cash transactions by individual entrepreneurs and small businesses” (hereinafter referred to as Directive No. 3210-U);
“Methodological recommendations for accounting and registration of operations for receiving, storing and dispensing goods in trade organizations” (hereinafter referred to as the Recommendations);
Resolution of the State Statistics Committee of the Russian Federation dated August 18, 1998 N 88 (as amended on May 3, 2000) “On approval of unified forms of primary accounting documentation for recording cash transactions and recording inventory results” (hereinafter referred to as Resolution No. 88);
Directive of the Bank of Russia dated October 7, 2013 N 3073-U “On cash payments”;
“Regulations on the issue of payment cards and on transactions performed with their use” (approved by the Bank of Russia on December 24, 2004 N 266-P).

ATTENTION! How to draw up a statement of claim to protect consumer rights?

According to the requirements of the law, returns the goods to the seller, and the latter returns funds to the buyer as follows:

The seller accepts or returns defective goods at the request of the buyer (clause 10.3 of the Recommendations). When receiving goods from the buyer, an invoice is issued (code according to OKUD 0903016) in two copies, one of which is attached to the product report, and the other is handed over to the buyer. Such an invoice will be the basis for exchanging goods or receiving a sum of money for the returned goods;
An expense cash order is issued in the KO-2 form;
In accordance with paragraph. 2 clause 6.1 of instruction No. 3210-U, when issuing money from the cash register, the cashier has the right to issue money only after identifying the buyer using the presented passport or other document identifying the buyer.

The cashier can issue cash only to the person whose details are indicated in the cash receipt order form KO-2 (OKUD 0310002)

State fee refund procedure

A refund of state duty payment is possible only if the payer has all the necessary documents in hand. First of all, the payer must provide a statement indicating the grounds and reasons for the refund. This point is extremely important, since its success will depend on the validity of the applicant’s claims. Therefore, the application must be drawn up as competently as possible. The applicant must clearly state the reasons for the refund. In addition, the reasons for the return must be current at the moment.

Deadline for refund of state duty payment

The state fee is a mandatory payment for processing documents such as a national passport, international passport or driver's license. To make this payment, a receipt with details is required. It is using these details that the payment is made to the required bank account. However, it is not uncommon for a situation where payment of state duty is received to the wrong account number. This may be due to an error by the cashier or payer when filling out the details for the payment order. In addition, an error when paying state fees often occurs due to the presence of outdated details, which today can be found everywhere on the Internet.

The second stage is an application for the return of a driver’s license. He needs to be sent to the traffic police. This must be done no later than 30 days before the end of the deprivation of rights period. In the application, you can indicate which department the driver's license should be sent to.

Our specialists managed to help a lady driver who had been deprived of her license for driving while drunk. However, during the appeal of the magistrate's court ruling, it was possible to prove that the amount of alcohol in the exhaled air did not exceed the maximum permissible limit of 1.6 grams of vapor. The magistrate's ruling was overturned.

Case studies

However, practice shows that the traffic police often play it safe and insist on an exam. In order to challenge the demands of traffic police officers, it is worth seeking the help of traffic lawyers who specialize in such cases. They will help substantiate the car owner's claims.

24 Oct 2021 stopurist 59

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Documents drawn up by the seller in case of returning goods before the closing of the cash register shift

The refund process for returning goods before the checkout closes is a little simpler than described above.

In this case, the seller draws up only an act in form KM-3, approved by Resolution of the State Statistics Committee of the Russian Federation dated December 25, 1988 No. 132.

The seller also makes an entry in column 15 of the cashier-operator’s journal about the return of funds.

To perform these actions, it is not possible to enter the passport details of the person who receives the money for returning the goods.

Thus, in order to return money after the closing of the cash register shift, a written application from the buyer and an identification document will be required, but when returning money from the cash register before the closing of the shift, it is easier.

That is, you still need a passport when returning goods, but this is not a legal requirement. We'll talk about this further.

Is it possible to return goods without a passport?

Yes, you can return the goods without presenting your passport, but only if you used the card or returned the goods on the day of purchase.

Delivery of a purchase and transfer of money for it without demonstrating personalizing documents is possible in two cases:

When paying for goods by credit card.
If the product is returned on the same day it was purchased, i.e. before the closing of the corresponding cash register shift.

In the first situation, if we are guided by the letter of the Federal Tax Service for Moscow dated September 15, 2008 No. 22-12/087134, payment of the amount is carried out only by bank transfer to the buyer’s card. In this case, the latter should only have a check and the same payment card. For the seller, the procedure will be as follows:

if the buyer contacted on the day of purchasing the goods, then the transaction is simply canceled;
if the request occurred in subsequent days, the procedure for processing a return transaction is determined by the acquiring agreement.

In the second scenario (returning the goods on the same day), the seller should cancel the issued cash receipt (clauses 4.2, 4.3 of the “Standard Rules for the Operation of Cash Registers...”, approved by the Ministry of Finance of the Russian Federation on August 30, 1993 No. 104). To do this, authorized store employees should:

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Fill out an act on the return of funds to the buyer (form according to OKUD 0330103).
Make an appropriate note in the cashier-operator's journal (form according to OKUD 0310304).

None of the forms mentioned above require entering the consumer’s passport data. Consequently, the seller has no obligation to identify the individual and enter this information into its accounting documents.

What to do if you don’t have your passport with you or the ability to present it?

In all of the above cases, when it is necessary to present a document, identification to return money from the cash register does not at all mean that it can strictly be a passport.

In all such situations , identification documents other than a passport may be presented

ID card of a Russian military personnel;
military ID of a soldier, sailor, sergeant, sergeant major, warrant officer, midshipman and reserve officer;
temporary identity card of a citizen of the Russian Federation;
refugee certificate;
service ID of an employee of the prosecutor's office.

Other identification documents may also be presented.

In conclusion of this article, we conclude that the law does not establish a strict framework that the buyer must present a passport when returning the goods.

However, for the seller to prepare accounting and tax documents, it is necessary to indicate the personal data of the person in whose name the refund is made.

Such personal data is usually contained in an identity document.

Among other things, it is necessary to present to the regulatory authority a written confirmation of the issuance of funds for the return of the goods, which will be considered a written application from the buyer to return the goods and a copy of his passport.

Based on the foregoing , we can conclude that when analyzing the requirements of the law and established judicial practice, the seller’s requirement that the consumer must present a passport when returning the goods is acceptable.

I don’t have my passport – what should I do?

The inability to present a passport when returning goods implies the presentation of documents indicating personal data and photographs of the following type:

military ID with initials and photograph;
presence of a military ID for employees of various statuses (sailor, soldier, sergeant, lieutenant, reserve officer);
a document evidencing a person’s temporary identity card (in case of loss or replacement of a passport);
papers granting refugee status (if a person has crossed the border from the territory of a state where hostilities are taking place);
a certificate confirming the status of an employee of the internal affairs bodies or the prosecutor's office.

When making a return legally, in some cases it is necessary to present a passport, since filling out documents requires data such as the series and number of the passport.
In this case, it is impossible to hand over the goods without such an identification document! As supporting documents, the seller is also required to provide a written agreement on the return of money with a copy of the main pages of the passport.
Qualified consumer rights protection specialists recommend that the buyer, if he wishes to return the product, have a valid passport with him.

Many people are interested in whether a driver’s license is an identity document. Most stores and other retail establishments will easily make a return before the checkout closes, provided you have a driver's license.

When submitting documents for tax reporting, it is mandatory to provide passport data and copies of the main pages. Therefore, the implementation of the process depends on the time of the procedure.

Important! The product must be returned according to the established procedure in compliance with all provisions prescribed by current legislation.