The Legal Essence of a Gift Certificate: OOO “Bershka SNG” virsus the Office of Rospotrebnadzor for the city of Moscow (cases No. A40-A40-202419/17 and A40-226793/17)

Abstract

The article is devoted to examination and analysis of arbitration cases connected with the process of appealing acts of the Office of Rospotrebnadzor in the city of Moscow due to the administrative responsibility of one of the well-known retail organizations for including conditions infringing the rights and legitimate interests of consumers in the consumer agreement when distributing gift certificates (cards). The article contains excerpts from judicial acts issued during the consideration of cases, carries out detailed examination of issues related to the legal qualification of the gift certificate sold by entrepreneurs to consumers, and provides the author’s comment on possible ways of regulation when considering actually developing relations between retailers and consumers when they are making a contract, where the object is a gift certificate (card).