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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 26, 2025 No. 1030

About approval of the Evaluation procedure of application by subjects of managing dishonest commercial practician

According to part four of article 24 of the Law of Ukraine of June 10, 2023 "About consumer protection" the Cabinet of Ministers of Ukraine decides No. 3153-IX:

1. Approve the Evaluation procedure of application by subjects of managing dishonest commercial the practician who is applied.

2. This resolution becomes effective at the same time with entry into force of the Law of Ukraine of June 10, 2023 No. 3153-IX "About consumer protection".

Prime Minister of Ukraine

Yu. Sviridenko

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 26, 2025, No. 1030

Evaluation procedure of application by subjects of managing dishonest commercial practician

1. This Procedure determines assessment mechanism Gosprodpotrebsluzhboy of application by subjects of managing dishonest commercial the practician concerning consumers.

2. In this Procedure the terms "commercial practice", "consumer", "subject of managing" are used in the value given in the Law of Ukraine of June 10, 2023 No. 3153-IX "About consumer protection" (further - the Law).

3. The Gosprodpotrebsluzhba the practician when implementing actions of the state supervision (control) in the field of consumer protection according to article 32 of the Law and the Law of Ukraine of April 5, 2007 carries out assessment of application by subjects of managing dishonest commercial No. 877-V "About the basic principles of the state supervision (control) in the field of economic activity".

Within the actions of the state supervision (control) among other violations of requirements of the legislation violations concerning application by subjects of managing dishonest commercial the practician by application of the unified act form are fixed.

Commercial practice is estimated as dishonest if from the list of questions on implementation of action of the state supervision (control) by officials at least one sign of dishonest commercial practice according to articles 26-29 of the Law is established.

4. The Gosprodpotrebsluzhba establishes accessory of commercial practice:

to the commercial practice misleading according to articles 26 and 27 of the Law;

to aggressive commercial practice according to articles 28 and 29 of the Law.

5. In case of availability assessment at commercial practice of signs of dishonest commercial practice of Gosprodpotrebsluzhba establishes:

accessory of consumers concerning whom commercial practice, to vulnerable categories is performed;

availability caused (perhaps caused) commercial practice damage to economic consumer interests or misstatement by such commercial practice of economic consumer behavior concerning certain products.

In case of establishment that consumers belong to the vulnerable categories, Gosprodpotrebsluzhba according to the legislation estimates accounting by the subject of managing of special characteristics of such customer group and probability of implementation by consumers of such group of the unconscious choice or assumption of mistake during transaction concerning the circumstances having essential value.

6. For the purpose of factual determination of application by the subject of managing dishonest commercial the practician officials of Gosprodpotrebsluzhby have the right to receive free of charge from subjects of managing which are checked copies of documents, materials, references, etc. which matter for consideration of question of application by the subject of managing dishonest commercial the practician.

 

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