02.10.2023, 12:55 33266

The bill «On Protection of Consumer Rights» was presented in the Majilis

Majilis deputies began work on the draft law «On Protection of Consumer Rights» in a new version. In the House Committee on Economic Reform and Regional Development under the chairmanship of Nurtay Sabilyanov held a presentation of the main and related bills. The meeting was attended by representatives of the Institute of Parliamentarism, expert organizations and public associations, as well as political parties not represented in the Parliament, press service of the Ministry of Trade and Integration reports.

Speaking before the deputies, Vice Minister of Trade and Integration Kairat Balykbayev noted that in the development of draft laws took into account the results of analysis and monitoring of citizens' appeals, proposals of public institutions for the protection of consumer rights, the results of sociological research, as well as international experience.

According to the Vice-Minister, the bill proposes to change the current four-stage sequential bureaucratic algorithm for consideration of consumer complaints.

«I remind you that at the first stage, the consumer has to address the entrepreneur directly with a claim about the violation of his consumer rights. If the negotiations are not successful and the entrepreneur does not agree with the claim, the consumer must go through the second step - it is obligatory to apply to a mediator or arbitrator. The third step is an appeal to a public body. The administrative state body has no authority to resolve the dispute between the parties, as private disputes are resolved exclusively by civil courts. This situation created red tape for ordinary citizens», - explained Kairat Balykbayev.

The bill proposes to eliminate an illogical and mandatory sequence, which is inconsistent with the constitutional provision for unconditional judicial protection. With the adoption of these amendments, the consumer will have a free choice of ways to protect their rights, including the ability to directly file a lawsuit in court or in the presence of an administrative offense to the state body for prosecution under the Code of Administrative Offenses of the Republic of Kazakhstan.

In addition, it is proposed to introduce the institution of the Consumer Rights Protection Ombudsman, who would deal with complaints, counseling, coordinate public institutions in this area and participate in the development of draft regulatory legal acts.

It is also proposed to extend consumer protection rules to the spheres of housing and communal services, communications, tourism, culture, trade and transportation.

The bill provides for the introduction of civil legal liability of the entrepreneur, imposed in the form of a fine by the court in favor of the consumer whose rights were violated and not resolved at the pre-trial stage when applying to entrepreneurs. The amount of the fine ranges from 10 to 50% of the amount of the consumer's claim. The smaller the amount of the claim, the larger the amount of the fine, within the limits specified above.

A separate norm concerns online commerce. Speaking about it, the Vice-Minister noted that for 6 months of 2023 the number of consumer complaints about the e-commerce segment increased by 411% (4,795 pcs.) compared to the same period of 2022 (937 pieces). Taking this into account, the bill proposes to fix the inadmissibility in contracts of conditions that violate and infringe on the rights and legitimate interests of consumers, as well as to equate Internet resources used for the sale of goods to «trading facilities». This will make it possible to hold business entities administratively liable.

The accompanying bill amends the Civil and Civil Procedure Codes, laws on transportation, tourism, regulation of trade activities, access to information and natural monopolies.

After the presentation, the Vice-Minister answered the questions of the Majilis deputies and other participants of the meeting. During the discussion various opinions and proposals of the deputies and representatives of the public were voiced, which will be considered in the working group headed by the deputy Murat Abenov.
 

This information may not be reproduced without reference to Kazakhstan Today. Copyright of materials of News Agency Kazakhstan Today.


Found an error in the text?

Select the error and press Ctrl + Enter at the same time.

relevant news