Ministry of Justice
Republic of Tajikistan
of August 14, 2007 No. 294
Approved by the Order of the Ministry of Economic Development of the Republic of Tajikistan of June 13, 2007, No. 11
This procedure is developed according to Articles 38, 40 and 43 Laws of the Republic of Tajikistan "About consumer protection" and establishes the procedure and terms of hearing of cases by the authorized body performing the antimonopoly policy (further authorized body) and its territorial administrations, (further territorial administrations) on signs of violation of the law of the Republic of Tajikistan about consumer protection and acceptances on them relevant decisions.
1. Proceedings on signs of violation of the law of the Republic of Tajikistan on consumer protection are initiated and considered based on statements of physical persons and legal entities, bodies of authority and management, societies and consumers unions, representation of prosecutor's office and at the initiative of authorized body.
The authorized body (territorial administration) considers cases on own initiative in case of receipt of the data by his officials testimonial of signs of violation of the law of consumer protection, from physical persons and legal entities, through mass media, by results of the performed and other legitimate sources of information.
2. The application is submitted in authorized body (territorial administration) in writing with application of documents (in the original or properly verified copies), violations of the law, testimonial of the facts, about consumer protection.
Documents in foreign languages are submitted with appendix of certified translation.
The statement shall contain the following data:
- information about the applicant;
- the name of business entity concerning which the application is submitted;
- the description of violation of the law about consumer protection;
- being of requirements and offers.
The documents and statements containing trade secret are not subject to disclosure.
3. The authorized body considers the arrived application in 15-day time from the date of its receipt. In case of the insufficiency or failure of evidence allowing to come to conclusion about availability or lack of signs of violation of the law about consumer protection additional data can be requested from the applicant.
Authorized body for collection and the analysis of the corroborating evidences having the right to extend the term of consideration of the application up to three months from the moment of its receipt.
4. In the absence of signs of violation of the law about consumer protection, the authorized body shall notify in writing the applicant in the terms established by the item 3 presents of procedure.
5. Cases on signs of violation of the law on consumer protection are considered by authorized body, the relevant territorial administrations in the place of making of offense and central office of authorized body.
Hearing of cases is performed according to the procedure established by the Section the second this procedure.
6. All preparatory work on consideration of the applications, acts (protocols) on signs of violation of the law of consumer protection is conducted by the relevant structural divisions of authorized body.
7. The head (the supervising deputy) of authorized body, chiefs of territorial administrations (further - the Head of authorized body) in fifteen-day time after consideration of the application, based on conclusions (in writing) of the relevant structural divisions of authorized body, takes out determination about initiation of proceeedings on signs of violation of the law about consumer protection which goes to party litigants the letter with the assurance of receipt, or is handed to their confidential representatives on receipt. At the same time the mail or other documents testimonial of obtaining join case papers.
Determination form of initiation of proceedings - appendix 1.
8. During preparation of consideration of the case structural divisions of authorized body have the right to request necessary documents for acquaintance, written explanations on case, on the facts which were the cause for consideration of the case, including at their heads (officials), to recruit in the case of specialists (experts).
9. Cases on violations of the law on consumer protection is considered in a month, from the moment of removal of determination about initiation of proceedings on signs of violation of the law about consumer protection.
In some cases the specified term of consideration can be extended by term for month.
10. Final consideration of the application (the act, the protocol) and adoption of decisions on it is made by the head (deputy) of authorized body in the presence of the applicant, the violator or their confidential representatives, and also interested persons. Consideration of the case is fixed in the protocol which is signed by the head (deputy) of authorized body.
Protocol form - appendix No. 2.
Consideration of the case is conducted by the head (deputy) so that to provide the most complete and comprehensive analysis and assessment of the facts of the case, elimination and the warning of violations of the law of consumer protection, observance of the rights and legitimate interests of persons participating in case.
11. Consideration of the case can be postponed (with indication of term) or is suspended:
- in connection with the motivated petition of party litigant for adjournment of consideration of the case which is connected with impossibility of appearance of the representative on meeting on the reasonable excuse supported by the relevant documents;
- with need to obtain corroborating evidences;
- with attraction to participation in case of experts or other persons whose participation in case is obligatory;
- in view of stay on consideration in authorized body, court, investigating bodies of another matter on which conclusions will matter for results of consideration;
- need of conducting examination or receipt of the conclusion of the specialist of independent organization;
- in other cases when permission of case is impossible in this meeting.
12. In case of adjournment or suspension of consideration of the case the determination signed by the head (deputy) of authorized body which copy goes to three-day time to party litigants, and also other interested persons is taken out.
Determination form of case adjournment - appendix No. 3
Determination form of case suspension - appendix No. 4
13. At meeting party litigants, and also persons participating in case on the decision of authorized body are heard.
Party litigants, and also persons participating in case have the right:
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