Rules for the provision of paid veterinary services. Legal regulation of paid veterinary services
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Ministry Agriculture Russian Federation
FSBEI HPE "Novosibirsk State Agrarian University"
Institute correspondence education and advanced training
Faculty of Veterinary Medicine
abstract
Subject "Veterinary legislation"
On the topic: "The procedure for the provision of paid and free veterinary services»
Novosibirsk 2013
Introduction
1. Procedure for the provision of paid services
2. Procedure for the provision of free services
List of used literature
Introduction
Among the diversity that exists today in the market of services, an independent group stands out - veterinary services, which differs from the rest in a special object of influence, which is an animal. The relevance of this topic is due to the fact that at present, despite the increase in the number of veterinary services provided, the problem of legal relations on this issue is not sufficiently covered in the legal literature.
In recent years, the need of the population for the provision of veterinary services has increased. In particular, this is due to the growth in the well-being of significant segments of the population, the increase in the number of pets and the concern of people about the health of their pets.
Veterinary services are provided for the treatment of domestic, neglected and wild animals in conditions of restriction of their freedom (zoos, nature reserves, circuses), as well as for the treatment of productive and unproductive animals.
Animal health protection is carried out on the basis of developments in the relevant field of human knowledge - veterinary medicine. Animal health is protected in much the same way as human health, because its protection also includes preventive, curative and clinical measures.
1. The procedure for the provision of paid services
Paid veterinary services include:
- clinical, treatment and prophylactic, veterinary and sanitary, therapeutic, surgical, obstetric and gynecological, anti-epizootic measures, immunization (active, passive), disinfection, disinsection, deratization, deworming;
All types of laboratory research, veterinary and sanitary examination of food raw materials and food products animal origin, food products of animal and plant origin non-industrial production, intended for sale in food markets, as well as low-quality and veterinarily hazardous food products of animal origin;
- research and other veterinary activities related to the sale of breeding animals, with their participation in exhibitions and competitions;
- determination of pregnancy and pregnancy of all types of animals, obtaining and transplantation of embryos and other activities related to the reproduction of animals, birds, fish, bees and their transportation;
- registration and issuance of veterinary documents (veterinary passage certificates, certificates, certificates, passports, registration certificates, etc.);
- consultations (recommendations, advice) on the issues of diagnosis, treatment, prevention of diseases of all types of animals and the technology of their maintenance;
- cremation, euthanasia and other veterinary services.
When providing paid veterinary services, the contractor is obliged to inform the consumer of the trade name (name) of the organization, its location (legal address) and mode of operation. The contractor places the specified information on the sign.
The contractor - an individual entrepreneur must provide the consumer with information on state registration and the name of the body that registered it.
The contractor is obliged to provide the consumer with information in a clear and accessible form about the veterinary services provided (works performed). This information should be in a convenient place for viewing and must contain:
- a list of the main types of paid veterinary services (works) and the forms of their provision;
- price lists for veterinary services;
- samples of drugs, medicines, etc.;
- means of veterinary use used in the provision of paid veterinary services;
- samples of standard contracts, receipts, tokens, receipts, coupons and other documents certifying the performance and payment for services (works);
- information about the benefits provided for certain categories of consumers (disabled people, participants in the Great Patriotic War, etc.) in accordance with the legislation of the Russian Federation;
- regulatory documents on veterinary services for animals;
- information about the body for the protection of consumer rights;
- information about the location (legal address) of the contractor and the location of the organization authorized to accept claims from consumers;
- an indication of the specific person who will provide the veterinary service, and information about him, if it matters based on the nature of the veterinary service.
As part of the provision of paid veterinary services, the contractor:
- ensures the use of medicines and methods that exclude the negative impact on animals in the diagnosis, treatment and prevention, highly effective veterinary drugs and methods of veterinary exposure;
- guarantees the safety of veterinary measures for the health and productivity of animals, the life and health of the consumer, as well as the environment. veterinary service provision paid
When receiving paid veterinary services, the consumer must:
- provide the performer, at his request, with animals for examination, immediately report all cases related to the sudden death or simultaneous mass disease of animals, or their unusual behavior;
- take measures to isolate animals suspected of having a disease before the arrival of the performer;
- to sell meat, milk, meat and dairy products, eggs and other livestock products strictly after conducting a veterinary and sanitary examination and obtaining the contractor's conclusion on their suitability for use for food purposes;
- deliver the corpses of dead animals, as well as products of domestic slaughter of livestock and poultry, unsuitable for human and animal food (confiscates), to veterinary and sanitary recycling plants or animal burial grounds for destruction;
- ensure the appropriate maintenance and feeding of animals in accordance with zoohygienic requirements, as well as the implementation of mandatory therapeutic and preventive measures within the time limits specified by instructions, instructions, recommendations for keeping animals.
The Contractor accepts orders for paid veterinary services (works) corresponding to the profile of his activity.
Paid veterinary services are provided by the contractor on the basis of the conclusion of an agreement, registration of subscription services or the issuance of a token, coupon, cash receipt, receipt or other documents of the established form.
The Contractor is obliged to inform the consumer in a timely manner that compliance with the consumer's instructions and other circumstances depending on the consumer may reduce the quality of the veterinary service provided or make it impossible to complete it on time.
If the consumer, despite timely and justified information from the contractor, does not replace the unsuitable or poor-quality material within a reasonable time, does not change the instructions on the method of providing veterinary services, or does not eliminate other circumstances that may reduce the quality of the service provided, the contractor has the right to terminate the contract for the performance of work ( service) and demand full compensation for damages.
Forms of payment for the services provided are determined by agreement between the consumer and the contractor.
2. Byline of free services
Veterinary services may be provided free of charge in accordance with the requirements of an administrative act. To date, there is a provision on free services that are provided within the framework of veterinary supervision. The List includes free veterinary services veterinary services performed at the expense of the budget (vaccination, diagnostics, treatment) for especially dangerous diseases of animals, birds, fish. IN this case legal relations for the provision of veterinary services arise either on the basis of an administrative act or on the basis of an agreement between state authorities and veterinary organizations, while payment is made at the expense of the budget of the corresponding level.
Veterinary services provided at the expense of the budget (vaccination, diagnosis, treatment) for especially dangerous diseases of animals, birds, fish, include the following diseases:
- diseases common to several types of animals: foot-and-mouth disease (all types of viruses), anthrax (except ascolization of raw hides), rabies, tuberculosis and brucellosis (scheduled preventive studies), vesicular stomatitis, Q fever, trichinosis, leptospirosis;
- diseases of cattle: plague, contagious pleuropneumonia;
- diseases of camels: plague;
- diseases of small ruminants: smallpox, infectious arthritis, plague, scrapie;
- swine diseases: African plague, classical plague, vesicular disease, Teschen's disease;
- diseases of horses: African plague, contagious metritis, encephalomyelitis, glanders;
- diseases of birds: influenza, psitacosis (ornithosis), Newcastle disease;
- diseases of fur animals and rabbits: tularemia, mink encephalopathy, viral hemorrhagic disease of rabbits;
- fish diseases: carp hemorrhagic septicemia, salmon furunculosis.
In cases of infectious diseases not mentioned above and not previously registered on the territory of the Russian Federation, the entire range of veterinary measures is carried out at the expense of the budget.
In addition to the above, there are regional benefits for the provision of veterinary services.
The State Veterinary Service of the city of Moscow provides veterans of the Great Patriotic War benefits for the provision of veterinary services (free initial outpatient admission of animals, including clinical examination and advice on the care and maintenance of pets), as well as provides benefits for the provision of veterinary services (free initial outpatient admission of animals, including clinical examination and advice on the care and maintenance of pets). animals) disabled people of the first group and families raising disabled children under the age of 23 years. The State Veterinary Service of the city of Moscow provides free medical care guide dogs belonging to the visually impaired.
List andused literature
1. List of paid and free services provided budget organizations and state institutions veterinary service Ministry of Agriculture of the Russian Federation. Approved Order No. 2-27-145 dated January 20, 1992
2. Decree of the Government of the Russian Federation "On approval of the rules for the provision of paid veterinary services" dated 06.08.1998 No. 898.
3. Decree of the Government of Moscow dated November 17, 2005 No. 2309-RP "On the provision of benefits for paying for veterinary services to certain categories of citizens."
4. Decree of the First Deputy Mayor of Moscow in the Government of Moscow dated January 25, 2006 No. 9-RZM “On the procedure for granting benefits to veterans of the Great Patriotic War for paying for veterinary services”.
5. Decree of the Government of Moscow dated September 8, 2009 No. 2350-RP "On the provision of benefits for paying for veterinary services to disabled people of the first group and families raising disabled children."
6. Decree of the First Deputy Mayor of Moscow in the Government of Moscow dated December 9, 2009 No. 103-RZM “On the organization of the provision of benefits for paying for veterinary services to disabled people of the first group and families raising children with disabilities”.
7. Decree of the Government of Moscow dated March 30, 2007 No. 566-RP "On the provision of benefits for paying for veterinary services for guide dogs owned by visually impaired people."
8. Federal Service for Veterinary and Phytosanitary Surveillance. Official site // http://www.fsvps.ru/fsvps/laws/class/3.
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Ministry of Agriculture of the Russian Federation
Department of Science and Technology Policy and Equipment
Federal State Budgetary Educational Institution of Higher Education "Volgograd State Agrarian University"
Department of Obstetrics and Therapy
Discipline "Organization of veterinary business"
Topic "Legal regulation of paid veterinary services"
Performed:
Levina Valeria
Group: VS-11
Checked by: Associate Professor
Ushakov Maxim Alexandrovich
Volgograd 2017
Introduction…………………………………………………………………………...4
The procedure for organizing paid veterinary services…………………………...5
Legal regulation of paid veterinary services………………………..6
Approximate terms of the contract for the provision of veterinary services………………7
The procedure for concluding an agreement…………………………………………………….10
The procedure for providing reports on the work performed .....……………….11
The rights of consumers of veterinary services…………………..………………….13
Literature………………………………………………………………………….14
Introduction
According to the Law of the Russian Federation “On Veterinary Medicine” dated May 14, 1993 No. 4979-1, veterinary medicine is understood as the area of scientific knowledge and practice aimed at preventing animal diseases and their treatment, producing full-fledged and veterinarily safe livestock products and protecting the population from diseases common to humans and animals.
Veterinary specialists with higher or secondary veterinary education have the right to engage in veterinary activities. In his professional activity specialists in the field of veterinary medicine are guided by the veterinary legislation of the Russian Federation and are controlled by the relevant management bodies of the State Veterinary Service of the Russian Federation.
The rates for veterinary services provided by institutions of the state veterinary service to individuals and legal entities have been repeatedly developed and approved. However, these rates in many subjects of the Russian Federation do not have sufficient scientific justification and do not provide proper state regulation of paid veterinary services.
The procedure for organizing paid veterinary services
When providing paid veterinary services, state veterinary institutions conclude an agreement with agricultural enterprises and other owners of animals, products of animal origin, enterprises processing products of animal origin, trading organizations.
According to the Civil Code of the Russian Federation, any state veterinary institution in the area of \u200b\u200bits activity concludes a contract for veterinary services. Such an agreement is paid, since the consumer of veterinary services must pay for the services. The contract is public, as veterinary activities are carried out publicly. Refusal to conclude a public contract is not allowed (Civil Code of the Russian Federation, Art. 426).
As for the section "health care and the provision of social services" of the All-Russian classifier of types economic activity, approved by the Decree of the State Committee of the Russian Federation for Standardization and Metrology of November 6, 2001 N 454-st, then veterinary activity includes:
Activities related to the treatment and control of the health of farm animals
Activities related to the treatment and monitoring of the health of pets
Ambulance activities for animals. These activities are carried out by qualified veterinarians in veterinary clinics, as well as when visiting farms, kennels or animal shelters, in private doctor's or operating rooms or in other places.
Legal regulation of paid veterinary services
Paid services in veterinary public institutions permitted by the order of the Council of Ministers of the Russian Federation of October 30, 1991, which granted the right to the Ministry of Agriculture of the Russian Federation, in agreement with the Ministry of Finance of the Russian Federation, to approve the list of free and paid veterinary services provided by state veterinary institutions and organizations of the Ministry of Agriculture of the Russian Federation; right to authorities executive power subjects of the Russian Federation to approve prices and tariffs; allowed budgetary organizations and institutions of the Ministry of Agriculture of the Russian Federation to create a single fund of financial resources. Generated from proceeds from various sources, with its subsequent use for wages, production and social needs of labor collectives.
The Ministry of Agriculture of the Russian Federation, in agreement with the Ministry of Finance of the Russian Federation, on January 28, 1992, approved a list of paid and free veterinary services.
Veterinary services provided at the expense of the budget (vaccination, diagnostics, treatment) include measures for especially dangerous diseases of animals, including birds and fish.
Paid veterinary services provided to productive and unproductive animals in farms and enterprises, regardless of subordination and ownership, include:
- clinical, treatment-and-prophylactic and veterinary-sanitary measures: therapeutic, surgical, obstetric-gynecological, anti-epizootic and immunization (except for especially dangerous diseases), sanitary-hygienic, disinfection, disinsection, deratization, deworming;
- all types of laboratory research (except for research on special dangerous diseases, studies to establish the role of objects under the control of the state veterinary supervision in the occurrence of human diseases and planned radiological studies from control points);
Veterinary and sanitary examination of food products,
research and other veterinary activities related to supplies for breeding, exhibitions, competitions, exports and other commercial purposes (including especially dangerous animal diseases);
pregnancy testing, receiving and transplantation of embryos and other activities,
- issuance of veterinary documents (veterinary certificates, certificates, passports and registration certificates);
- consultations on diagnostics, treatment, prevention, technology of keeping animals;
- training and retraining of personnel, issuance of licenses for the right to engage in veterinary activities;
- production of therapeutic and prophylactic, hygienic, disinfectant and other veterinary preparations;
- cremation, euthanasia and other services.
The Rules for the provision of paid veterinary services, subject to amendments and additions, provide for the main provisions of this activity.
Approximate terms of the contract for the provision of veterinary services
The subject matter of the agreement may include:
Veterinary care for animals on the farm.
Carrying out special veterinary activities.
Implementation of veterinary control over compliance with production technologies.
Implementation of veterinary and sanitary measures.
Conducting veterinary and sanitary examination of products.
Veterinary and sanitary examination of construction products. livestock buildings, processing enterprises and other facilities controlled by veterinary institutions.
Obligations of the consumer of veterinary services:
Creation of the necessary production conditions for veterinary work.
Allocation of auxiliary workers for fixing animals.
Renting apartments for veterinarians.
Selection land plot for vegetable gardens, orchards.
Sale of animals, feed and other necessary materials.
This contract is concluded, as a rule, in writing, by drawing up two copies, for each of the parties. It is considered concluded if the parties, in the form required in the relevant cases, have reached an agreement on all essential conditions contracts (Article 432 of the Civil Code of the Russian Federation).
In accordance with paragraph 1 of Art. 162 of the Civil Code of the Russian Federation, non-observance of a simple written form of a transaction deprives the parties of the right in the event of a dispute to refer to evidence of the transaction and its conditions, but does not deprive them of the right to provide written and other evidence.
The parties to the contract for the provision of services for a fee are the contractor and the customer, both individuals and legal entities. Service providers must:
be business entities
be registered with tax authorities, which is confirmed by the data on state registration.
The cost of work and the procedure for settlements are determined either in the proposed protocol-agreement on the contractual price, or the wording "on presentation of an invoice", payment of which is made in the prescribed manner quarterly in equal installments on January 15, April 15, July 15, October 15.
Other conditions: in the event of epizootics, all activities are carried out in accordance with the decisions of the executive authorities municipality district at the expense state budget: with an increase in the incidence of non-communicable diseases in animals, additional costs are reimbursed by the consumer of veterinary services; with an increase in the case (depending on the conditions and reasons), the cost of treatment is compensated either equally between the veterinary institution and the consumer of veterinary services. Or by the consumer of veterinary services: in case of poor provision of animals with feed, all costs for additional veterinary measures are carried out at the expense of the consumer.
The procedure for concluding an agreement
The veterinary institution sends an offer to the agricultural enterprise. The agricultural enterprise sends an acceptance.
Change and termination of the contract are possible by agreement of the parties; by court decision, if the veterinary institution violates the contract, which causes damage to the owner of the animals; if it is impossible to change the circumstances of the organization of veterinary services.
When servicing farmers, peasants, cooperatives, subscription cards are issued, which are a special form of offer. The subscription cards contain the name and address of the veterinary institution; surname, name, patronymic, address of the animal owner; list of animals subject to veterinary care; prices for veterinary services; the cost of veterinary care; notes on payment for services indicating the amount and date; guarantees of a veterinary institution (carrying out veterinary measures at the optimum time, effective means, timely provision of veterinary care, consultations, application of achievements of science and technology); the obligations of the animal owner to follow the instructions of veterinary specialists, to comply with veterinary and sanitary standards, to use good-quality feed.
Payment for veterinary services is carried out in cash or by bank transfer. During the veterinary and sanitary examination of products in the markets, the treatment of sick animals, the loading of animals into wagons, ships, aircraft, etc. accepting payment in cash. In other cases - by transfer through banking institutions.
The procedure for submitting reports on the work performed
The veterinary institution provides statistical veterinary reporting in due time to higher veterinary organizations and the consumer of veterinary services.
The term of the contract is, as a rule, 3-5 years and depends on how stable the consumer will be engaged in animal husbandry.
The terms of the agreement also include the legal addresses of the parties and the numbers of settlement accounts; signatures and seals of the veterinary institution and the consumer of veterinary services.
Rights of consumers of veterinary services
The rights of consumers of veterinary services in our country are regulated by the Law of the Russian Federation "On Protection of Consumer Rights" dated February 7, 1992 No.
In accordance with this law, the consumer of veterinary services are citizens, enterprises, organizations, institutions that use veterinary services for personal and collective needs.
Guided by this law, veterinary institutions that occupy a dominant position in the market are obliged to conclude a contract with the consumer for the provision of veterinary services. The mode of operation of state veterinary institutions is established by decision of the local administration, and veterinary institutions of other forms of ownership are determined by the owner.
The procedure for veterinary services for animal husbandry and other industries is approved by the Government of the Russian Federation, the governments, the administration of the autonomous region, autonomous regions, territories, regions, districts and cities.
A veterinary institution does not have the right to refuse a consumer to conclude a contract for the provision of veterinary services. If, as a result of an unjustified refusal, the consumer has suffered losses, then the veterinary institution that refused is obliged to compensate the consumer for losses.
A veterinary institution carrying out veterinary activities on the basis of any form of ownership is obliged to perform veterinary services within the time period established by the rules (instructions, instructions) for the performance of certain types of work or by the contract. In some cases, the contract may provide for a more specified period for the performance of certain types of work. In case of violation of the deadlines for the performance of veterinary work, the consumer has the right, at his choice: to appoint a new deadline for the veterinary institution-executor; entrust the performance of this work to another veterinary specialist; demand a reduction in remuneration for work; terminate the contract and claim damages.
In case of detection of shortcomings in the performed veterinary work, the consumer has the right, at his discretion, to demand: free elimination of shortcomings in the work performed; a corresponding reduction in remuneration for work performed; re-performing work (for example, disinfection of premises, etc.); reimbursement of expenses incurred by him to correct deficiencies with his own funds or by a third party. At the same time, the shortcomings of the work discovered in the course of its implementation must be eliminated within a proportionate period appointed by the consumer.
For the performance of veterinary work provided for by the contract, an estimate is drawn up, according to which the entire amount of work performed by the veterinary institution is paid.
Veterinary establishments are required to comply determined by the treaty work with his own means, if the consumer does not require work to be performed using his materials for veterinary purposes. Veterinary establishments are responsible for the quality of their veterinary drugs and funds.
If the work is carried out in whole or in part using consumer materials, veterinary institutions are responsible for their preservation and proper use.
The form of payment (cash or non-cash) for the performed veterinary work is determined by agreement between the consumer and the veterinary institution. As a rule, payment for work performed in enterprises different forms property is carried out in a non-cash manner, and in peasant, farming and personal households of citizens - in cash. The consumer is obliged to pay for the veterinary work for the delivery of its entire volume, unless otherwise established by the legislation of the Russian Federation or the contract.
It should be emphasized that the quality of the performed veterinary work must meet the requirements of the veterinary legislation of the Russian Federation. Veterinary services must be safe for the life and health of the consumer, for the health of animals and the environment. natural environment. In the process of work, veterinary institutions should inform the consumer about the measures taken, the drugs used, about their preventive and therapeutic effectiveness.
For violation of the rights of a consumer of veterinary services, veterinary institutions and specialists shall be liable under the legislation of the Russian Federation or an agreement between the consumer and the veterinary institution.
Losses caused to the consumer as a result of poor veterinary care, unqualified provision of veterinary services, are subject to compensation.
In accordance with the law, the rights of the consumer of veterinary services are protected by state authorities, as well as public organizations consumers.
Literature
Law of the Russian Federation "On Veterinary" dated May 14, 2003 No. 4979-1.
Nikitin I.N., Shaykhamanov M.Kh., Voskoboinik V.F. Organization and economics of veterinary business. - 3rd ed., revised. and additional – M.: Colossus, 1996. – 272 p.
Nikitin I.N., Apalkin V.A. Organization and economics of veterinary business. – 5th ed., revised. and additional - Mu: KolosS, 2006. - 368 p.: ill.
Law of the Russian Federation "On Protection of Consumer Rights" dated February 7, 1992 N 2300-1
Rosselkhoznadzor / Regulations
federal service for veterinary and phytosanitary supervision
Territorial administrations ... TU on Altai Territory and the Republic of Altai TU for Amur region TU for the Belgorod region TU for the Bryansk and Smolensk regions TU for the Vladimir region TU for the Voronezh and Lipetsk regions TU for Moscow, Moscow and Tula regions TU according to Trans-Baikal Territory TU according to Irkutsk region and the Republic of Buryatia TU for the Kabardino-Balkarian Republic and the Republic North Ossetia- Alanya T.U. Kaliningrad region TU according to Kaluga region TU for the Kamchatka Territory and Chukotka Autonomous Region TU for the Kirov Region and the Udmurt Republic TU for the Kostroma and Ivanovo Regions TU for Krasnodar Territory and the Republic of Adygea Krasnoyarsk Territory TU for the Kurgan region TU for the Magadan region TU for Murmansk region TU for the Nizhny Novgorod region and the Republic of Mari El TU for the Novgorod and Vologda regions TU for Novosibirsk region TU for the Omsk region TU for the Orenburg region TU for the Oryol and Kursk regions TU for Perm region TU in Primorsky Krai and Sakhalin region TU for the Republics of Khakassia and Tyva and Kemerovo region Technical specifications for the Republic of Bashkortostan Technical specifications for the Republic of Dagestan Technical specifications for the Republic of Ingushetia Technical specifications for the Republic of Karelia, Arkhangelsk region and Nenets a.o. Technical specifications for the Republic of Komi Technical specifications for the Republic of Crimea and the city of Sevastopol Samara region Technical specifications for St. Petersburg, Leningrad and Pskov regions Technical specifications for the Saratov region Technical specifications for the Sverdlovsk region Technical specifications for the Stavropol Territory and the Karachay-Cherkess Republic Technical specifications for the Tver region about. TU according to Khabarovsk Territory and the Jewish Autonomous Region Chelyabinsk region Specification for the Chechen Republic Specification for the Chuvash Republic and Ulyanovsk region TU according to Yaroslavl region
| Regulations |
This section contains the current versions of regulatory legal acts (laws, orders, decrees, decisions Supreme Court RF, etc.), which are of interest to specialists in the field of veterinary medicine and phytosanitary.
Additional information You can get it by asking a question in the "Electronic Reception" section.
Decree of the Government of the Russian Federation of 08/06/1998 N 898 (as amended on 12/14/2006)
"On approval of the rules for the provision of paid veterinary services"
Section I
Decree of August 6, 1998 N 898 on the approval of the rules for the provision of paid veterinary services
In accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 3, Art. 140), the Government of the Russian Federation decides:
- Approve the attached Rules for the provision of paid veterinary services.
- Recognize invalid the Decree of the Government of the Russian Federation of July 9, 1994 N 815 "On approval of the Rules for the provision of veterinary services" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1994, N 13, art. 1521).
Section II
Rules for the provision of paid veterinary services
Article 1. General provisions
1. These Rules are developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" and the Law of the Russian Federation "On Veterinary Medicine" and govern relations arising between consumers and contractors in the provision of paid veterinary services.
The following basic concepts are used in these Rules:
"consumer" - a citizen who intends to order or order, acquire or use veterinary services solely for personal, family, household and other needs not related to business activities;
"executor" - an organization, regardless of its organizational and legal form, as well as individual entrepreneur providing veterinary services to consumers under a reimbursable contract.
(clause 1 as amended by Decree of the Government of the Russian Federation of September 25, 2003 N 596)
2. Paid veterinary services include:
- clinical, treatment and prophylactic, veterinary and sanitary, therapeutic, surgical, obstetric and gynecological, anti-epizootic measures, immunization (active, passive), disinfection, disinsection, deratization, deworming;
- all types of laboratory research, carrying out veterinary and sanitary examination of food raw materials and food products of animal origin, food products of animal and vegetable origin of non-industrial production, intended for sale in food markets, as well as poor-quality and veterinarily dangerous foods of animal origin;
(as amended by Decree of the Government of the Russian Federation of 16.04.2001 N 295) - research and other veterinary activities related to the sale of breeding animals, with their participation in exhibitions and competitions;
(as amended by Decree of the Government of the Russian Federation of September 25, 2003 N 596) - determination of pregnancy and pregnancy of all animal species, obtaining and transplantation of embryos and other activities related to the reproduction of animals, birds, fish, bees and their transportation;
- registration and issuance of veterinary documents (veterinary passage certificates, certificates, certificates, passports, registration certificates, etc.);
- consultations (recommendations, advice) on diagnostics, treatment, prevention of diseases of all animal species and technology of their maintenance;
paragraph is excluded. - Decree of the Government of the Russian Federation of September 25, 2003 N 596; - cremation, euthanasia and other veterinary services
3. The effect of these Rules does not apply to the implementation of therapeutic and preventive measures in the prevention, diagnosis and elimination of diseases that are especially dangerous for humans and animals, as well as in the implementation of state veterinary supervision.
Article 2. Information on paid veterinary services, the procedure for filling out contracts and paying for services
4. The contractor is obliged to bring to the attention of the consumer the company name (name) of the organization, its location (legal address) and mode of operation. The contractor places the specified information on the sign.
(clause 4 as amended by Decree of the Government of the Russian Federation of September 25, 2003 N 596)
5. The contractor - an individual entrepreneur must provide the consumer with information on state registration and the name of the body that registered it.
(clause 5 as amended by Decree of the Government of the Russian Federation of September 25, 2003 N 596)
6. The contractor is obliged to provide the consumer with information in a clear and accessible form about the veterinary services provided (works performed). This information should be in a convenient place for viewing and in without fail contain:
- a list of the main types of paid veterinary services (works) and the forms of their provision;
- price lists for veterinary services;
(as amended by Decree of the Government of the Russian Federation of September 25, 2003 N 596)
paragraph is invalid. - Decree of the Government of the Russian Federation of December 14, 2006 N 767; - drug samples, medicines and etc.;
- veterinary products used in the provision of paid veterinary services;
- samples standard contracts, receipts, tokens, receipts, coupons and other documents certifying the performance and payment for services (works);
- information about benefits provided for certain categories consumers (disabled people, participants of the Great Patriotic War, etc.) in accordance with the legislation of the Russian Federation;
- regulatory documents on veterinary services for animals;
- information about the consumer protection authority;
- information about the location (legal address) of the contractor and the location of the organization authorized to accept claims from consumers;
- an indication of the specific person who will provide the veterinary service, and information about him, if it matters based on the nature of the veterinary service.
(the paragraph was introduced by Decree of the Government of the Russian Federation of September 25, 2003 N 596)
Article 3. Procedure for the provision of paid veterinary services
7. Performer:
- ensures the use of medicines and methods that exclude the negative impact on animals in the diagnosis, treatment and prevention, highly effective veterinary drugs and methods of veterinary exposure;
- guarantees the safety of veterinary measures for the health and productivity of animals, the life and health of the consumer, and environment.
8. The consumer is obliged:
- provide the performer, at his request, with animals for examination, immediately report all cases related to the sudden death or simultaneous mass disease of animals, or their unusual behavior;
- take measures to isolate animals suspected of having a disease before the arrival of the performer;
- to sell meat, milk, meat and dairy products, eggs and other livestock products strictly after a veterinary and sanitary examination and obtaining the contractor's conclusion on their suitability for use for food purposes;
- deliver the corpses of dead animals, as well as products of home slaughter livestock and birds unsuitable for human and animal food (confiscated) to veterinary and sanitary recycling plants or cattle burial grounds for destruction;
- ensure appropriate maintenance and feeding of animals in accordance with zoohygienic requirements, as well as the implementation of mandatory therapeutic and preventive measures within the time limits specified by instructions, instructions, recommendations for keeping animals.
Article 4. Acceptance and execution of orders for paid veterinary services (works)
9. The contractor accepts orders for paid veterinary services (works) corresponding to the profile of his activity.
10. Paid veterinary services are provided by the contractor on the basis of concluding an agreement, issuing a subscription service or issuing a token, coupon, cash receipt, receipts or other documents of the established form.
11. The contractor is obliged to inform the consumer in a timely manner that compliance with the consumer's instructions and other circumstances depending on the consumer may reduce the quality of the veterinary service provided or make it impossible to complete it on time.
(Clause 11 as amended by Decree of the Government of the Russian Federation of September 25, 2003 N 596)
12. If the consumer, despite timely and reasonable informing the contractor, does not replace the unsuitable or poor-quality material within a reasonable time, does not change the instructions on the method of providing veterinary services, or does not eliminate other circumstances that may reduce the quality of the service provided, the contractor has the right to terminate the contract for the performance work (rendering a service) and demand full compensation for losses.
(Clause 12 as amended by Decree of the Government of the Russian Federation of September 25, 2003 N 596)
13. Has expired. - Decree of the Government of the Russian Federation of September 25, 2003 N 596.
Article 5. Procedure and forms of payment for services (works)
14. Forms of payment for the services provided are determined by agreement between the consumer and the contractor.
(as amended by Decree of the Government of the Russian Federation of September 25, 2003 N 596)
15. For the provision of veterinary services provided for by the contract for the provision of services, a firm or approximate estimate may be drawn up.
Drawing up such an estimate at the request of the consumer or contractor is mandatory.
The contractor is not entitled to demand an increase in a fixed estimate, and the consumer - its reduction, including in the case when at the time of the conclusion of the contract it was impossible to provide for the full amount of veterinary services to be provided or the costs necessary for this.
The Contractor has the right to demand an increase in a fixed estimate with a significant increase in the cost of materials and equipment provided by the Contractor, as well as services provided to him by third parties that could not be foreseen at the conclusion of the contract. If the consumer refuses to comply with this requirement, the contractor has the right to terminate the contract in court.
If, when providing a paid veterinary service, it became necessary to provide additional veterinary services and for this reason a significant excess of the approximate estimate, the contractor is obliged to warn the consumer in a timely manner.
If the consumer has not agreed to exceed the approximate estimate, he has the right to refuse to perform the contract. In this case, the contractor may require the consumer to pay the price for the veterinary service provided.
The Contractor, who did not warn the consumer in a timely manner about the need to exceed the approximate estimate, is obliged to fulfill the contract, while retaining the right to pay for veterinary services within the approximate estimate.
(Clause 15 as amended by Decree of the Government of the Russian Federation of September 25, 2003 N 596)
16. For non-compliance or violation of these Rules, as well as the Laws of the Russian Federation "On the Protection of Consumer Rights" and "On Veterinary Medicine" or other regulatory legal acts of the Russian Federation, the contractor and the consumer shall be liable under the legislation of the Russian Federation.
In accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 3, Art. 140), the Government of the Russian Federation decides:
1. Approve the attached Rules for the provision of paid veterinary services.
2. Decree of the Government of the Russian Federation of July 9, 1994 N 815 "On Approval of the Rules for the Provision of Veterinary Services" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1994, N 13, Art. 1521) shall be declared invalid.
Chairman of the Government of the Russian Federation
S. Kiriyenko
Rules for the provision of paid veterinary services(approved by Decree of the Government of the Russian Federation of August 6, 1998 N 898
(as amended April 16, 2001, September 25, 2003)
I. General provisions
1. These Rules are developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" and the Law of the Russian Federation "On Veterinary Medicine" and govern relations arising between consumers and contractors in the provision of paid veterinary services.
The following basic concepts are used in these Rules:
"consumer"- a citizen who intends to order or order, acquire or use veterinary services solely for personal, family, household and other needs not related to entrepreneurial activities;
"executor"- an organization, regardless of its organizational and legal form, as well as an individual entrepreneur providing veterinary services to consumers under a reimbursable contract.
2. Paid veterinary services include:
clinical, treatment and prophylactic, veterinary and sanitary, therapeutic, surgical, obstetric and gynecological, anti-epizootic measures, immunization (active, passive), disinfection, disinsection, deratization, deworming;
all types of laboratory research, carrying out veterinary and sanitary examination of food raw materials and food products of animal origin, food products of animal and vegetable origin of non-industrial production, intended for sale in food markets, as well as poor-quality and veterinarily dangerous foods of animal origin;
research and other veterinary activities related to the sale of breeding animals, with their participation in exhibitions and competitions;
determination of pregnancy and pregnancy of all types of animals, obtaining and transplantation of embryos and other activities related to the reproduction of animals, birds, fish, bees and their transportation;
registration and issuance of veterinary documents (veterinary passage certificates, certificates, certificates, passports, registration certificates, etc.);
consultations (recommendations, advice) on diagnostics, treatment, prevention of diseases of all animal species and technology of their maintenance;
cremation, euthanasia and other veterinary services.
3. The effect of these Rules does not apply to the implementation of therapeutic and preventive measures in the prevention, diagnosis and elimination of diseases that are especially dangerous for humans and animals, as well as in the implementation of state veterinary supervision.
II. Information about paid veterinary services, the procedure for filling out contracts and paying for services
4. The contractor is obliged to bring to the attention of the consumer the company name (name) of the organization, its location (legal address) and mode of operation. The contractor places the specified information on the sign.
5. The contractor - an individual entrepreneur must provide the consumer with information on state registration and the name of the body that registered it.
6. The contractor is obliged to provide the consumer with information in a clear and accessible form about the veterinary services provided (works performed). This information should be in a convenient place for viewing and must contain:
- a list of the main types of paid veterinary services (works) and the forms of their provision;
- price lists for veterinary services;
- license to carry out activities for the provision of paid veterinary services *;
*According to federal law dated July 2, 2005 N 80-FZ, veterinary activities are excluded from the list of activities for which licenses are required - samples of drugs, medicines, etc.;
- veterinary products used in the provision of paid veterinary services;
- samples of standard contracts, receipts, tokens, receipts, coupons and other documents certifying the performance and payment for services (works);
- information about the benefits provided for certain categories of consumers (disabled people, participants in the Great Patriotic War, etc.) in accordance with the legislation of the Russian Federation;
- regulatory documents on veterinary services for animals;
- information about the consumer protection authority;
- information about the location (legal address) of the contractor and the location of the organization authorized to accept claims from consumers;
- an indication of the specific person who will provide the veterinary service, and information about him, if it matters based on the nature of the veterinary service.
III. The procedure for providing paid veterinary services
7. Performer:
- ensures the use of medicines and methods that exclude the negative impact on animals in the diagnosis, treatment and prevention, highly effective veterinary drugs and methods of veterinary exposure;
- guarantees the safety of veterinary measures for the health and productivity of animals, the life and health of the consumer, as well as the environment.
8. The consumer is obliged:
- provide the performer, at his request, with animals for inspection, immediately report all cases related to the sudden death or simultaneous mass disease of animals, or their unusual behavior;
- take measures to isolate animals suspected of having a disease before the arrival of the performer;
- to sell meat, milk, meat and dairy products, eggs and other livestock products strictly after a veterinary and sanitary examination and obtaining the contractor's conclusion on their suitability for use for food purposes;
- deliver the corpses of dead animals, as well as products of domestic slaughter of livestock and poultry, unsuitable for human and animal food (confiscates), to veterinary and sanitary recycling plants or animal burial grounds for destruction;
- ensure appropriate maintenance and feeding of animals in accordance with zoohygienic requirements, as well as the implementation of mandatory therapeutic and preventive measures within the time limits specified by instructions, instructions, recommendations for keeping animals.
IV. Receiving and processing orders for paid veterinary services (works)
9. The contractor accepts orders for paid veterinary services (works) corresponding to the profile of his activity.
10. Paid veterinary services are provided by the contractor on the basis of the conclusion of an agreement, registration of subscription services or the issuance of a token, coupon, cash receipt, receipt or other documents of the established form.
11. The contractor is obliged to inform the consumer in a timely manner that compliance with the consumer's instructions and other circumstances depending on the consumer may reduce the quality of the veterinary service provided or make it impossible to complete it on time.
12. If the consumer, despite timely and reasonable informing the contractor, does not replace the unsuitable or poor-quality material within a reasonable time, does not change the instructions on the method of providing veterinary services, or does not eliminate other circumstances that may reduce the quality of the service provided, the contractor has the right to terminate the contract for the performance work (rendering a service) and demand full compensation for losses.
13. Has expired.
V. Procedure and forms of payment for services (works)
14. Forms of payment for the services provided are determined by agreement between the consumer and the contractor.
15. For the provision of veterinary services provided for by the contract for the provision of services, a firm or approximate estimate may be drawn up.
Drawing up such an estimate at the request of the consumer or contractor is mandatory.
The contractor is not entitled to demand an increase in a fixed estimate, and the consumer - its reduction, including in the case when at the time of the conclusion of the contract it was impossible to provide for the full amount of veterinary services to be provided or the costs necessary for this.
The Contractor has the right to demand an increase in a fixed estimate with a significant increase in the cost of materials and equipment provided by the Contractor, as well as services provided to him by third parties that could not be foreseen at the conclusion of the contract. If the consumer refuses to comply with this requirement, the contractor has the right to terminate the contract in court.
If, when providing a paid veterinary service, it became necessary to provide additional veterinary services and for this reason a significant excess of the approximate estimate, the contractor is obliged to warn the consumer in a timely manner.
If the consumer has not agreed to exceed the approximate estimate, he has the right to refuse to perform the contract. In this case, the contractor may require the consumer to pay the price for the veterinary service provided.
The Contractor, who did not warn the consumer in a timely manner about the need to exceed the approximate estimate, is obliged to fulfill the contract, while retaining the right to pay for veterinary services within the approximate estimate.
16. For non-compliance or violation of these Rules, as well as the laws of the Russian Federation "On the Protection of Consumer Rights" and "On Veterinary Medicine" or other regulatory legal acts of the Russian Federation, the contractor and the consumer shall be liable under the legislation of the Russian Federation.
rules
provision of paid veterinary services
(approved by Decree of the Government of the Russian Federation of August 6, 1998 N 898)
(as amended April 16, 2001, September 25, 2003)
I. General provisions
1. These Rules are developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" and the Law of the Russian Federation "On Veterinary Medicine" and govern relations arising between consumers and contractors in the provision of paid veterinary services.
The following basic concepts are used in these Rules:
"consumer" - a citizen who intends to order or order, acquire or use veterinary services solely for personal, family, household and other needs not related to business activities;
"performer" - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur providing veterinary services to consumers under a reimbursable contract.
2. Paid veterinary services include:
clinical, treatment and prophylactic, veterinary and sanitary, therapeutic, surgical, obstetric and gynecological, anti-epizootic measures, immunization (active, passive), disinfection, disinsection, deratization, deworming;
all types of laboratory research, carrying out veterinary and sanitary examination of food raw materials and food products of animal origin, food products of animal and vegetable origin of non-industrial production, intended for sale in food markets, as well as poor-quality and veterinarily dangerous foods of animal origin;
research and other veterinary activities related to the sale of breeding animals, with their participation in exhibitions and competitions;
determination of pregnancy and pregnancy of all types of animals, obtaining and transplantation of embryos and other activities related to the reproduction of animals, birds, fish, bees and their transportation;
registration and issuance of veterinary documents (veterinary passage certificates, certificates, certificates, passports, registration certificates, etc.);
consultations (recommendations, advice) on diagnostics, treatment, prevention of diseases of all animal species and technology of their maintenance;
cremation, euthanasia and other veterinary services.
3. The effect of these Rules does not apply to the implementation of therapeutic and preventive measures in the prevention, diagnosis and elimination of diseases that are especially dangerous for humans and animals, as well as in the implementation of state veterinary supervision.
II. Information about paid veterinary services, the procedure for filling out contracts and paying for services
4. The contractor is obliged to bring to the attention of the consumer the company name (name) of the organization, its location (legal address) and mode of operation. The contractor places the specified information on the sign.
5. The contractor - an individual entrepreneur must provide the consumer with information on state registration and the name of the body that registered it.
6. The contractor is obliged to provide the consumer with information in a clear and accessible form about the veterinary services provided (works performed). This information should be in a convenient place for viewing and must contain:
a list of the main types of paid veterinary services (works) and the forms of their provision;
price lists for veterinary services;
a license to carry out activities for the provision of paid veterinary services;
According to the Federal Law of July 2, 2005 N 80-FZ, veterinary activities are excluded from the list of activities for which licenses are required
Samples of drugs, medicines, etc.;
veterinary products used in the provision of paid veterinary services;
samples of standard contracts, receipts, tokens, receipts, coupons and other documents certifying the performance and payment for services (works);
information about the benefits provided for certain categories of consumers (disabled people, participants in the Great Patriotic War, etc.) in accordance with the legislation of the Russian Federation;
regulatory documents on veterinary services for animals;
information about the consumer protection authority;
information about the location (legal address) of the contractor and the location of the organization authorized to accept claims from consumers;
an indication of the specific person who will provide the veterinary service, and information about him, if it matters based on the nature of the veterinary service.
III. The procedure for providing paid veterinary services
7. Performer:
ensures the use of medicines and methods that exclude the negative impact on animals in the diagnosis, treatment and prevention, highly effective veterinary drugs and methods of veterinary exposure;
guarantees the safety of veterinary measures for the health and productivity of animals, the life and health of the consumer, as well as the environment.
8. The consumer is obliged:
provide the performer, at his request, with animals for inspection, immediately report all cases related to the sudden death or simultaneous mass disease of animals, or their unusual behavior;
take measures to isolate animals suspected of having a disease before the arrival of the performer;
to sell meat, milk, meat and dairy products, eggs and other livestock products strictly after a veterinary and sanitary examination and obtaining the contractor's conclusion on their suitability for use for food purposes;
deliver the corpses of dead animals, as well as products of domestic slaughter of livestock and poultry, unsuitable for human and animal food (confiscates), to veterinary and sanitary recycling plants or animal burial grounds for destruction;
ensure appropriate maintenance and feeding of animals in accordance with zoohygienic requirements, as well as the implementation of mandatory therapeutic and preventive measures within the time limits specified by instructions, instructions, recommendations for keeping animals.
IV. Receiving and processing orders for paid veterinary services
(work)
9. The contractor accepts orders for paid veterinary services (works) corresponding to the profile of his activity.
10. Paid veterinary services are provided by the contractor on the basis of the conclusion of an agreement, registration of subscription services or the issuance of a token, coupon, cash receipt, receipt or other documents of the established form.
11. The contractor is obliged to inform the consumer in a timely manner that compliance with the consumer's instructions and other circumstances depending on the consumer may reduce the quality of the veterinary service provided or make it impossible to complete it on time.
12. If the consumer, despite timely and reasonable informing the contractor, does not replace the unsuitable or poor-quality material within a reasonable time, does not change the instructions on the method of providing veterinary services, or does not eliminate other circumstances that may reduce the quality of the service provided, the contractor has the right to terminate the contract for the performance work (rendering a service) and demand full compensation for losses.
13. Has expired.
See the text of paragraph 13
V. Procedure and forms of payment for services (works)
14. Forms of payment for the services provided are determined by agreement between the consumer and the contractor.
15. For the provision of veterinary services provided for by the contract for the provision of services, a firm or approximate estimate may be drawn up.
Drawing up such an estimate at the request of the consumer or contractor is mandatory.
The contractor is not entitled to demand an increase in a fixed estimate, and the consumer - its reduction, including in the case when at the time of the conclusion of the contract it was impossible to provide for the full amount of veterinary services to be provided or the costs necessary for this.
The Contractor has the right to demand an increase in a fixed estimate with a significant increase in the cost of materials and equipment provided by the Contractor, as well as services provided to him by third parties that could not be foreseen at the conclusion of the contract. If the consumer refuses to comply with this requirement, the contractor has the right to terminate the contract in court.
If, when providing a paid veterinary service, it became necessary to provide additional veterinary services and for this reason a significant excess of the approximate estimate, the contractor is obliged to warn the consumer in a timely manner.
If the consumer has not agreed to exceed the approximate estimate, he has the right to refuse to perform the contract. In this case, the contractor may require the consumer to pay the price for the veterinary service provided.
The Contractor, who did not warn the consumer in a timely manner about the need to exceed the approximate estimate, is obliged to fulfill the contract, while retaining the right to pay for veterinary services within the approximate estimate.
16. For non-compliance or violation of these Rules, as well as the laws of the Russian Federation "On the Protection of Consumer Rights" and "On Veterinary Medicine" or other regulatory legal acts of the Russian Federation, the contractor and the consumer shall be liable under the legislation of the Russian Federation.