The lawyer spoke about the new amendments to the Law on Consumer Protection

Amendments to the Law on Consumer Protection will come into force in February 2026, which will adjust the current model of dispute resolution and provide businesses with more opportunities for protection. The legislator is actually reviewing the approach, in which the entrepreneur often turned out to be a "weak" party, and the sanctions many times exceeded the actual damage. Arkady Kolpashchikov, managing partner of the De-Cons Law Center, told Izvestia on January 31.

"Business protection is now becoming more predictable, provided there is a sound strategy and active pre-trial work. The key change is the refusal to unconditionally collect a consumer fine. Now the courts are required to analyze the causal relationship between the seller's actions and the resulting consequences, as well as take into account the behavior of the parties," he explained.

The fine will not be applied if the violation occurred due to the fault of the consumer himself or due to the actions of a reliable counterparty of the seller.

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The approach to financial sanctions is changing significantly. The maximum penalty is now limited to the value of the goods, and the court gets the direct right to reduce it if it is clearly disproportionate to the consequences of the violation. This legalizes a practice that was previously applied by courts in an unsystematic manner.

"The amendments also affect the procedure for the return of technically complex goods: when calculating compensation, the degree of wear and the year of manufacture of the goods will be taken into account, which will bring the refund closer to market realities, although it may require an expert examination," Kolpashchikov said.

To combat abuse by "professional consumers," a ban is being imposed on the assignment of penalties and fines before they are awarded by the court. This rule undermines the market for speculative consumer claims, returning disputes to their original purpose — to protect real, rather than artificial interests.

The law encourages pre-trial settlement: if the parties have concluded a mediation agreement before going to court, a consumer fine is not applied. At the same time, the balance is maintained — in case of non-fulfillment of the agreement due to the fault of the seller, a fine is levied in the general order.

"In addition, in 2026, the Russian government will have the right to establish special rules for the fulfillment of obligations and the application of liability for certain categories of goods, which opens up space for flexible industry regulation, taking into account the economic situation," the expert concluded.

On January 21, Russian President Vladimir Putin, at a meeting with members of the government, demanded that excessive tax increases for entrepreneurs be avoided. He noted that this sector of the economy should be able to make a comfortable transition to new taxation systems, and it is important to avoid an excessive increase in the burden on entrepreneurs.

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