RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 17, 2002 No. 1177

About approval of the Procedure for imposing of penalties for violation of the law about consumer protection

According to articles 23 and 26 of the Law of Ukraine "About consumer protection" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for imposing of penalties for violation of the law about consumer protection which is applied.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of April 14, 1994 No. 236 "About approval of the Regulations on procedure for imposing on business entities of the sphere of trade, public catering and services, including on citizens entrepreneurs, penalties for violation of the law about consumer protection" (the joint venture of Ukraine, 1994, No. 8, the Art. 198);

the resolution of the Cabinet of Ministers of Ukraine of October 31, 1995 No. 869 "About modification of the Regulations on procedure for imposing on business entities of the sphere of trade, public catering and services, including on citizens - entrepreneurs, penalties for violation of the law about consumer protection" (the joint venture of Ukraine, 1996, No. 3, the Art. 84);

Item of 9 changes and amendments to some resolutions of the Cabinet of Ministers of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of March 7, 1998 No. 283 (The Official Bulletin of Ukraine, 1998, No. 10, the Art. 383);

item 4 of changes which are made to acts of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of August 25, 1998 No. 1336 "About introduction of amendments to some acts of the Cabinet of Ministers of Ukraine concerning activities of the State Tax Service" (The Official Bulletin of Ukraine, 1998, No. 34, the Art. 1277);

Item of 3 changes and additions which are made to resolutions of the Cabinet of Ministers of Ukraine and questions of determination of financing sources of the public authorities approved by the resolution of the Cabinet of Ministers of Ukraine of March 16, 2000 No. 501 (The Official Bulletin of Ukraine 2000, No. 12, by the Art. 457).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 17, 2002 No. 1177

Procedure for imposing of penalties for violation of the law about consumer protection

1. This Procedure determines the procedure of imposing of penalties by authorized persons of Gosprodpotrebsluzhby and its territorial authorities) subjects of managing - the companies, organizations, the organizations (their branches, representations, departments) irrespective of pattern of ownership, foreign legal entities (their branches, representations, departments) and physical persons entrepreneurs who carry out economic activity in the territory of Ukraine, for violation of the law about consumer protection.

2. Collection in the form of penalty according to article 23 of the Law of Ukraine "About consumer protection" is imposed on subjects of managing.

3. Impose on subjects of managing penalties, stipulated in Item 2 it About, the Chairman Gosprodpotrebsluzhby, his deputies, chiefs of territorial authorities of Gosprodpotrebsluzhby and their deputies within their competence have the right.

4. The decision on imposing of penalties is made based on the corresponding inspection statements of the subject of managing and other materials connected with this check in the presence of the violations specified in Item 2 of this Procedure and drawn up by the resolution in form which is established by Ministry of Economics.

The question of imposing of penalty is considered with participation of the representative of the subject of managing. In case of its absence case can be considered only if despite the timely message of the subject of managing on the place and time of consideration of the case from it the petition for adjournment of consideration of the case did not arrive.

5. The resolution on imposing of penalty is constituted in triplicate. The first and second copies remain in Gosprodpotrebsluzhbe or its territorial authority which accepted the resolution on imposing of penalty, the third copy in 3-day term after its acceptance goes to the subject of managing or is issued to his representative on receipt.

6. The subject of managing transfers the penalty amount into the government budget in 15-day term after receipt of the resolution what within three days he in writing informs Gosprodpotrebsluzhbu or its territorial authority which imposed penalty, with indication of number and date of the payment order on. In case of appeal of the resolution the penalty shall be paid not later than in 15 days after the message on leaving of the claim without satisfaction.

7. The resolution on imposing of penalty is obligatory for accomplishment by the subject of managing.

In case of failure to carry out of the specified resolution the amount of penalty is levied in the procedure established by the legislation.

The resolution on imposing of penalty is not subject to accomplishment if it was not turned to accomplishment within one year from the date of acceptance.

8.  No. 239 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 10.03.2017

9. The resolution on imposing of penalty for violation of the law on consumer protection can be appealed by the subject of managing in Gosprodpotrebsluzhbu or court.

10.  No. 239 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 10.03.2017

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