Russian law has known about the concept of prepaid financial products for a long time. In accordance with the instructions of the Central Bank of Russia of 3 July 1998 n 276 – U Prepaid Financial Products – are the money obligations of companies that, as part of their circulation process, replace the rights of legal persons (or persons) with regard to the payment of goods or services, including monetary obligations in electronic form. In other words, it is a debt instrument that can perform a payment function and is used for the payment of goods, works and services. However, at present, the order of the Central Bank of Russia has been cancelled. In addition, only credit institutions have the right to issue prepaid financial products. Document certifying property rights There is also another opinion: the transfer of the gift certificate to a third party by the purchaser (future certificate holder) involves the transfer of property rights (right to receive property, works, services). To accept this view, it is necessary to determine how the purchaser of the certificate obtains this right of ownership. The reason may be the actual sales contract, with the goods being handed over to the certificate holder. However, as has already been mentioned, it is necessary, for the conclusion of the contract, to agree on a minimal purpose, whereas the certificate does not always allow the provision. We can also assume that the issuer sells the right to itself as a result of a unilateral transaction found by the issuer.
It unilaterally undertakes to transfer all goods it has put up for sale, at the face value of a certificate, to the property of a certificate holder. However, this assumption is contrary to the provisions of the Russian BGB that a retail contract is a public contract and that any potential buyer has the right to purchase goods from a retail store; he does not need a gift certificate to own that right. Signs of Legitimation Gift certificates are very narrow signs of legitimation – documents attesting to the right to prepaid service under a particular contract (lottery tickets, tickets, warehouse tokens, etc.). What if they were gift certificates for service delivery (for example. B membership card at the fitness center or skydiving certificate), the gift certificate should be considered as a sign of legitimization. However, in the case of a gift certificate for receiving goods, this position does not reflect the essence of these relationships. For example, buying a ticket for transportation, we can buy both tickets for the month, that is, without limiting the number of trips and tickets, for example for 60 trips. You have the right to use all 60 trips, use fewer trips or not all use the ticket. When the ticket expires, unused travel will be cancelled and the money will not be refunded.