Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 4, 2010 No. 274-IV ZRK

About consumer protection

(as amended on 29-12-2021)

This Law determines legal, economic and social basis of consumer protection, and also measure for providing consumers with safe and high-quality goods (works, services).

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) manufacturer - the physical person or legal entity making goods for realization;

2) expiration date - period of time after which the goods are considered unsuitable for proper use;

3) work - the activities directed to requirements satisfaction of consumers which results have material expression;

4) shortcoming - discrepancy of goods (work, service) to mandatory requirements of technical regulations, documents on standardization, terms of the contract, and also information on goods (work, service) provided by the seller (the manufacturer, the contractor);

5) warranty period - the period of time established by the seller (the manufacturer, the contractor), the legislation of the Republic of Kazakhstan or the agreement in days, months, years or the operating time established in hours, cycles of operations, kilometers of run or other similar indicators which are estimated from the date of production of purchase of goods (work, service) during which the seller (the manufacturer, the contractor) guarantees goods quality (works, services), on condition of its proper use and storage;

6) service - the activities directed to requirements satisfaction of consumers which results have no material expression;

7) service life - the period of time established in days, months, years or the operating time established in hours, cycles of operations, kilometers of run or other similar indicators, stipulated by the legislation or the agreement proceeding from functional purpose of goods (result of work) during which it is possible to use goods (result of work) for designated purpose;

8) the contractor - the physical person or legal entity performing work or rendering service in the agreement;

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

10) the seller - the physical person or legal entity realizing goods according to the civil legislation of the Republic of Kazakhstan;

11) goods - the product (products) of activities of the manufacturer (contractor) intended for the personal, family, home or other use which is not connected with business activity;

12) safety of goods (work, service) - lack of the unacceptable risk connected with possibility of damnification of life, to health and (or) property of the consumer, and also the environment in case of usual conditions of use, storage, transportation, utilization of goods or in the course of performance of work (rendering service);

13) goods quality (works, services) - set of the characteristics of goods (work, service) relating to its capability to satisfy needs of the consumer;

14) the document confirming the fact of purchase of goods (performance of work, rendering service), - the control (commodity) check or the receipt issued in paper or electronic form to the cash receipt order, the receipt to the detachable coupon, properly drawn up technical data sheet, other document containing data on the name, goods cost (works, services), date of acquisition, the seller (the manufacturer, the contractor);

14-1) technically difficult goods - nonfood goods with technically difficult internal device which include set of the structural and (or) diverse elements forming the single whole allowing to use it for designated purpose, determined by being of connection to whom vehicles, agricultural machinery, water and aircrafts belong only;

14-2) essential lack technically of difficult goods - unremovable shortcoming or lack technically of difficult goods which cannot be eliminated without disproportionate expenses or costs of time including waiting time of delivery of the spare part, exceeding the term established by the law or so dragging on that for the consumer relevance of such elimination is already lost or make impossible use of goods on purpose, or shortcoming which can lead to damnification of life, health and (or) property of the consumer, the environment;

15) the consumer - the physical person having the intention to order or acquire or ordering acquiring and (or) using goods (work, service) only for the personal, family, home or other use which is not connected with business activity;

16) public association of consumers - the organization created as a result of voluntary consolidation of citizens for the purpose of protection of the rights and legitimate interests of consumers;

16-1) Interdepartmental council on consumer protection - the advisory advisory body created under the Government of the Republic of Kazakhstan for the purpose of development of offers and recommendations about questions of consumer protection;

16-2) association (union) of public associations of consumers (further - association (union) - the voluntary consolidation of public associations of consumers created for ensuring coordination of activities of the members and protection of their common interests;

17) authorized body in the field of consumer protection (further - authorized body) - the state body performing management and cross-industry coordination in the field of consumer protection.

Article 2. Legislation of the Republic of Kazakhstan on consumer protection

1. The legislation of the Republic of Kazakhstan on consumer protection is based on the Constitution of the Republic of Kazakhstan and consists of the Civil code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. The rights of consumers in spheres of financial, social, medical, tourist and other services, and also questions of their protection are established by the laws of the Republic of Kazakhstan.

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

Article 2-1. Basic principles of consumer protection

Consumer protection is performed on the basis of the principles:

1) assistance to economic consumer interests and protection of these interests;

2) availability and accuracy of the information about the goods (works, services) offered by the seller (the manufacturer, the contractor);

3) educations of consumers, increases in legal literacy of the consumer in questions of protection of the rights and legitimate interests;

4) providing effective system of the protection of the rights and legitimate interests of consumers based on the sequence of the actions providing their protection;

4-1) ensuring protection of legitimate interests of consumers in electronic commerce at least the level of protection, provided in other forms of trade;

5) participations of public associations of consumers, associations (unions) in ensuring protection of the rights and legitimate interests of consumers;

6) providing consumers with safe and high-quality goods (works, services).

Chapter 2. State regulation in the field of consumer protection and the state control of compliance with law of the Republic of Kazakhstan about consumer protection

Article 3. State regulation in the field of consumer protection

State regulation in the field of consumer protection is performed according to this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the orders of the Government of the Republic of Kazakhstan.

Article 4. Competence of the Government of the Republic of Kazakhstan in the field of consumer protection

Government of the Republic of Kazakhstan:

1) develops the main directions of state policy in the field of consumer protection;

1-1)  No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018;

1-2) No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018;

1-3) creates Interdepartmental council on consumer protection;

2) performs other functions assigned to it by the Constitution, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 5. Competence of authorized body

Authorized body:

1) provides realization of state policy in the field of consumer protection;

2) makes offers in the Government of the Republic of Kazakhstan in the main directions of state policy in the field of consumer protection;

3) performs cross-industry coordination of activities of state bodies for ensuring realization of state policy in the field of consumer protection;

Develops 4) and approves regulatory legal acts in the field of consumer protection;

5) is carried out by the analysis of claims of the consumers including arriving by means of the Unified information system of consumer protection, activities of state bodies concerning consumer protection and subjects of pre-judicial settlement of consumer disputes;

6) makes offers (recommendations) to state bodies about cancellation of the decisions made by them with violation of this Law and other regulatory legal acts in the field of consumer protection;

7) is performed by informing, consultation, education, increase in legal literacy of consumers in questions of protection of the rights and legitimate interests;

8) more than ten consumers on the same question take a legal action concerning protection of the rights of uncertain circle of consumers in cases of violation of the rights and legitimate interests;

9) is performed by international cooperation in the field of consumer protection;

10) enables forming, the realization, monitoring of realization and assessment of results of the state social order on carrying out researches, information and educational work, to rendering the consulting help to the population concerning consumer protection and representative services to consumers in recovery of their violated the rights and legitimate interests;

11) exercises the state control of compliance with law of the Republic of Kazakhstan about consumer protection;

Develops 12) and approves rules on forming, maintaining and use of the Unified information system of consumer protection;

13) is annually represented by the report to the Government of the Republic of Kazakhstan about the results of the carried-out work on questions of consumer protection discussed on Interdepartmental council on consumer protection which is placed in mass media;

14) is provided by activities of Interdepartmental council for consumer protection;

Develops 15) and approves the list of subjects of pre-judicial settlement of consumer disputes;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.