of June 24, 2010 No. 4
About practice of application by courts of the legislation by hearing of cases on consumer protection
Having discussed materials of studying of court practice on cases on consumer protection, for the purpose of the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus decides:
1. Draw the attention of courts that the relations in the field of consumer protection are governed by the Civil code of the Republic of Belarus (further – group of companies), the Housing code of the Republic of Belarus (further – ZhK), the laws of the Republic of Belarus of January 9, 2002 No. 90-Z "About consumer protection" (further – the Law "About Consumer Protection") and of July 16, 2008 No. 405-Z "About consumer protection of housing and communal services" (further – the Law "About Consumer Protection of Housing and Communal Services"), other regulatory legal acts, and also regulations of international treaties of the Republic of Belarus.
The consumer protection law is applied to the relations in the field of consumer protection of housing and communal services which are not settled by the Law "About Consumer Protection of Housing and Communal Services".
The regulatory legal acts adopted by state bodies cannot limit the rights of consumers and reduce guarantees of their protection in comparison with established by the Law "About Consumer Protection" 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 (item 2 of Art. 3 of the Law "About Consumer Protection").
2. Explain to courts that the consumer protection law extends to the relations under the agreement between the physical person - the consumer having intention to order or acquire or ordering, acquiring goods (work, service) or using goods (result of work, service) only for the personal, family, house or other needs which are not connected with implementation of business activity - on the one hand, and the organization, the individual entrepreneur, other physical person realizing goods, performing works or rendering services within craft activity, or rendering services in the field of agroecotourism or enabling one-time sales of goods on trade places in the markets and (or) other places on which trade can be performed according to the legislation, - on the other hand.
The consumer protection law does not extend to contractual relations between physical persons if they do not follow from implementation of business, craft activity or activities in the field of agroecotourism, on the relations which arose in connection with purchase of goods for implementation of business activity and also on the relations on purchase of goods, performance of works and rendering services for needs of the organizations.
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