The situation where a customer is asked to present a fiscal receipt upon leaving a store is familiar to many. However, is such a requirement legal, and does security have the right to detain a client who does not have proof of payment in hand? Lawyer and Master of Law Yevhen Bulyimenko answered these questions in a comment to RBC-Ukraine.
Ownership transfers immediately after payment
The lawyer explained that current Ukrainian legislation does not provide for the obligation of a buyer to show a receipt upon request by store employees. According to the law, ownership of goods in retail trade transfers to the buyer at the moment of payment. In this case, the fiscal receipt serves only as a document confirming the fact of the transaction.
Security powers: where is the line drawn?
The expert emphasized that checking for the presence of a receipt can be carried out exclusively with the consent of the buyer themselves. Security personnel are not endowed with the powers of law enforcement agencies and do not have the right to forcibly inspect the belongings of individuals. Any action going beyond the scope of voluntary cooperation is a violation.
What to do in case of illegal detention?
Supermarket security has the right to detain a person only in the event that they have committed an offense, for the purpose of subsequent transfer to the police. If store employees demand to see a receipt and do not let the buyer out of the premises, the lawyer recommends calling the police immediately. This is necessary to record the offense committed against the client.
Digitalization of purchases
It is worth noting that the process of confirming purchases in Ukraine is becoming increasingly digital. Earlier, the country launched a pilot project "eChek", which allows integrating electronic receipts for goods and services directly into bank mobile applications. This simplifies the storage of payment confirmations and makes them accessible at any time.
It is important to remember that this material is for informational purposes only and does not constitute legal advice. In complex legal situations, it is recommended to contact qualified specialists.
