LAW OF THE REPUBLIC OF BELARUS

of January 9, 2002 No. 90-Z

About consumer protection

Accepted by the House of Representatives on December 5, 2001

Approved by Council of the Republic on December 20, 2001

Chapter 1. General provisions

Article 1. Main terms and their determinations

In this Law the following main terms and their determinations are applied:

safety of goods (work, service) - set of properties and characteristics of goods (work, service) in case of which the goods (work, service) are not harmful and does not pose hazard to life, health, heredity, property of the consumer and the environment in case of usual conditions of use of goods (result of work, service), storages, transportations and utilizations of goods (result of work);

warranty period - the calendar term established in days, months, years, or the operating time established in hours, cycles of operations, kilometers of run or other similar indicators during which the goods (result of work, service) shall conform to the requirements to its quality determined according to the procedure, established by the legislation;

the document confirming the fact of purchase of goods (performance of work, rendering service), - the cash register receipt, other payment document according to the legislation, the receipt to the cash receipt order, the sales receipt, the document (maps checks, the check, etc.) confirming making payment by means of bank payment cards, electronic money, systems of remote banking, the automated information system of single settlement and information space, the travel document (ticket), other document confirming payment of goods (performance of work, rendering service) according to the legislation, properly drawn up technical data sheet, the maintenance instruction, the user's guide, other document containing data on the name of the seller (contractor), the name, the goods price (works, services);

expensive goods - goods which cost in four hundred and more times exceeds the size of basic size established on the date of realization to the consumer of goods;

manufacturer – the organization, the individual entrepreneur making goods for realization to the consumer and also other physical person performing production of goods within craft activity or making goods which realization by such person in the market or in other place established by local executive and administrative organ is not prohibited according to the legislation, for subsequent their realization, including one-time, in the specified places (further – the physical person making goods);

the contractor - the organization, the individual entrepreneur performing works or rendering services to the consumer and also other physical person performing works or rendering services within craft activity or rendering services in the field of agroecotourism (further - the physical person performing works, rendering services);

goods quality (works, services) - set of the properties and characteristics of goods (work, service) determining goods compliance (works, services) to such requirements established and (or) usually shown to goods (work, service) (safety, functional suitability, operational characteristics, reliability, economic, information and esthetic requirements, etc.);

goods quantity (result of work) - the weight, amount, length, the area or quantity of commodity units (result of work);

large-size goods - goods which size in the amount of three results of measurements (height, width, length) exceeds 150 centimeters;

lack of goods (work, service) - discrepancy of goods (work, service) to the regulating documents establishing quality requirements of goods (work, service), to other legislation or terms of the contract;

the regulating documents establishing quality requirements of goods (work, service), - technical regulatory legal acts in the field of technical regulation and standardization, the sanitary standards and rules, hygienic standard rates, other technical regulatory legal acts establishing quality requirements of goods (work, service), and also technical regulations of the Customs union, technical regulations of the Eurasian Economic Union;

object of servicing - capital structure (the building, construction), the isolated room or its part (parts) or temporary design, including portable, not being capital structure (the building, construction) isolated by the room or its part (parts) in which are performed activities for performance of works or rendering services in the presence of the consumer, and (or) booking, and (or) issue of results of works, and (or) the conclusion of agreements, and (or) implementation of tickets;

the supplier - the organization, the individual entrepreneur performing in the territory of the Republic of Belarus sales activity of the acquired goods to other organizations, individual entrepreneurs, other physical persons for its use in business activity or in other purposes which are not connected with personal, family, home and other similar use including the organization, the individual entrepreneur performing activities for commodity importation on the territory of the Republic of Belarus for its subsequent realization in the territory of the Republic of Belarus;

the consumer - the physical person having the intention to order or acquire or ordering acquiring goods (work, service) or using goods (result of work, service) only for the personal, family, house and other needs which are not connected with implementation of business activity;

the representative of manufacturer, the seller, the supplier, the contractor (further - the representative) - the organization, the individual entrepreneur performing activities based on the agreement with the manufacturer (the seller, the supplier, the contractor) and authorized by it on acceptance and (or) satisfaction of consumer requirements concerning goods (result of work, service) of inadequate quality;

the seller – the organization, the individual entrepreneur, and also other physical person enabling sales of goods within craft activity or realization, including one-time in the market or in other place of goods established by local executive and administrative organ which realization by such person in the specified places is not prohibited according to the legislation (further if other is not provided by this Law, – the physical person enabling sales of goods within craft activity or sales of goods in the market), the implementing goods to the consumer under the agreement of retail purchase and sale;

the repair organization - the organization, and also for the purpose of this Law the individual entrepreneur, authorized by the manufacturer (the seller, the supplier) on carrying out quality check of goods, remedial action of goods and (or) maintenance of goods;

expiration date - the term after which the goods (result of work) are considered unsuitable for proper use;

service life - the calendar term established in days, months, years or the operating time established in hours, cycles of operations, kilometers of run or other similar indicators proceeding from functional purpose of goods (result of work) during which the manufacturer (contractor) shall provide to the consumer possibility of use of goods (result of work) to destination and to bear responsibility for the shortcomings which arose through his fault;

storage duration - the term during which the goods (result of work) in case of observance of the established storage conditions keep the properties and characteristics specified in the regulating documents establishing quality requirements of goods (work, service), and (or) in the agreement;

the essential lack of goods (work, service) - unremovable shortcoming, or shortcoming which cannot be eliminated without disproportionate expenses (in the amount of thirty and more percent from the goods cost (work, service) determined at the time of elimination of shortcoming) or the disproportionate costs of time (exceeding the most allowable costs of time established by technical regulatory legal acts on elimination of similar shortcoming) either comes to light repeatedly, or is shown after its elimination again, or other similar shortcomings.

Article 2. Coverage of this Law

1. Operation of this Law extends to the relations between consumers and manufacturers, sellers, suppliers, representatives, contractors, the repair organizations arising from agreements of retail purchase and sale, the contract, lease, insurance, storage, power supply, the commission, transportation of the passenger, cargo hauling, paid rendering services and other similar agreements.

2. Consumer protection, connected with the relations following from the agreement of creation of object of shared-equity construction is performed according to this Law and other consumer protection law in the part which is not contradicting regulatory legal acts of the President of the Republic of Belarus.

3. Consumer protection of the services rendered by banks, the non-bank credit and financial organizations, other organizations in case of banking operations according to the legislation, the microfinancial, leasing institutions is performed according to this Law if other is not provided by the bank law, the legislation regulating procedure for provision and attraction of microloans, the legislation on leasing activities.

Article 3. Legal regulation of the relations in the field of consumer protection

1. The relations in the field of consumer protection are governed by the Civil code of the Republic of Belarus, this Law and other legislation, international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian Economic Union.

2. State bodies have no right to adopt the regulatory legal acts contradicting provisions of this Law including regulatory legal acts which can limit the rights of consumers and reduce guarantees of their protection in comparison with provided by this Law if other is not established by the Constitution of the Republic of Belarus or regulatory legal acts of the President of the Republic of Belarus.

3. The government of the Republic of Belarus has no right to charge to adopt to the state bodies subordinated to it the regulatory legal acts containing regulations about consumer protection if other is not established by this Law and (or) regulatory legal acts of the President of the Republic of Belarus.

Article 4. International agreements

If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 5. Consumer's rights

1. The consumer has the right on:

1.1. education in the field of consumer protection;

1.2. information on goods (works, services), and also on their manufacturers (sellers, suppliers, contractors);

1.3. free choice of goods (works, services);

1.4. proper goods quality (works, services), including safety of goods (works, services), proper completeness, proper goods quantity (result of work);

1.5. compensation in full the losses, harm caused owing to goods shortcomings (work, service), including on compensation of moral harm;

1.6. the state protection of the rights, including to appeal to the court and other authorized state bodies behind protection of the violated rights or interests protected by this Law and other legislation;

1.7. public protection of the rights;

1.8. creation of public associations of consumers.

2. The consumer has also other rights provided by this Law and other legislation.

3. The state guarantees protection of the rights and legitimate interests of consumers.

Article 6. Providing the right of the consumer to education in the field of consumer protection

The consumer's right to education in the field of consumer protection is provided by means of informing by state bodies, public associations of consumers, sellers, contractors, manufacturers of the consumer about its rights and necessary actions for protection of these rights, including by means of attraction of financial resources of mass information to promotion and systematic illumination of questions of consumer protection, inclusion of questions on bases of consumer knowledge in educational and program documentation of educational programs of general secondary, vocational education.

Article 7. Information on goods (works, services)

1. The manufacturer (the seller, the supplier, the representative, the contractor) shall provide timely to the consumer the necessary and reliable information about the offered goods (works, services) corresponding the established this Law, other acts of the legislation, technical regulations of the Customs union, technical regulations of the Eurasian Economic Union and to the requirements to content and methods of provision of such information which are usually shown in retail trade, household and other types of consumer service. By separate types of goods (works, services) the list and methods of bringing information to the consumer are established by the Government of the Republic of Belarus if other is not established by the President of the Republic of Belarus.

2. Information on goods (works, services) without fail shall contain (except for information, stipulated in Item 8th this Article):

2.1. description of goods (works, services);

2.2. types and features of the offered works (services);

2.3. specifying on the regulating documents establishing quality requirements of goods (work, service) (for the goods (work, service) issued according to such regulating documents) if other is not provided by technical regulations of the Customs union, technical regulations of the Eurasian Economic Union;

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