of December 10, 1997 No. 90
About consumer protection
Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on November 13, 1997
This Law governs the relations arising between consumers and manufacturers, contractors, sellers in case of sales of goods (performance of works, rendering services), establishes the rights of consumers to purchase of goods (works, services) of proper quality corresponding to the specified marking and safe for life and health of consumers, receipt of information on goods (works, services) and their manufacturers (contractors, sellers), education, the state and public protection of their interests and also determines the mechanism of realization of these rights.
The paragraph of preamble of the second spent force according to the Law of the Kyrgyz Republic of 22.07.2020 No. 84
The paragraph third preambles of ceased to be valid according to the Law of the Kyrgyz Republic of 21.02.2015 No. 38
The paragraph the fourth preambles of ceased to be valid according to the Law of the Kyrgyz Republic of 21.02.2015 No. 38
The paragraph the fifth preambles of ceased to be valid according to the Law of the Kyrgyz Republic of 21.02.2015 No. 38
The paragraph of the sixth preamble of ceased to be valid according to the Law of the Kyrgyz Republic of 21.02.2015 No. 38
The paragraph of the seventh preamble of ceased to be valid according to the Law of the Kyrgyz Republic of 21.02.2015 No. 38
The paragraph of the eighth preamble of ceased to be valid according to the Law of the Kyrgyz Republic of 21.02.2015 No. 38
The paragraph the ninth preambles of ceased to be valid according to the Law of the Kyrgyz Republic of 21.02.2015 No. 38
The paragraph the tenth preambles of ceased to be valid according to the Law of the Kyrgyz Republic of 21.02.2015 No. 38
The paragraph the eleventh preambles of ceased to be valid according to the Law of the Kyrgyz Republic of 21.02.2015 No. 38
The paragraph the twelfth preambles of ceased to be valid according to the Law of the Kyrgyz Republic of 21.02.2015 No. 38
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1. The relations in the field of consumer protection are governed by the Civil code of the Kyrgyz Republic, this Law and other laws and regulatory legal acts of the Kyrgyz Republic adopted according to them.
2. The Cabinet of Ministers of the Kyrgyz Republic has no right to charge to the ministries and departments to adopt the acts containing regulations about consumer protection.
In this Law the following basic concepts are used:
the consumer - the citizen having intention to order or acquire or ordering, acquiring or using goods (works, services) only for the personal (household) needs which are not connected with generation of profit;
manufacturer - the legal entity or physical person registered as the individual entrepreneur including the foreign manufacturer, the production or production and sales of products performing on its own behalf and responsible for its compliance to requirements of technical regulations;
the contractor - the organization, irrespective of pattern of ownership, and also the individual entrepreneur, the performing works or the rendering services to consumers under the paid agreement;
the seller - the organization irrespective of its form of business, the individual entrepreneur and in the cases established by the civil legislation of the Kyrgyz Republic, the citizen (physical person), the implementing goods and the rendering services in the purchase and sale agreement (about performance of works, rendering services);
the certificate of conformity - the document certifying that products or design processes (including researches), productions, constructions, installation, adjustment, storage, transportation, realization, operation, utilizations, work and service conform to the established requirements of technical regulations, provisions of standards, sets of rules or terms of the contract;
the standard - the document developed on the basis of consensus in which are established for voluntary reuse of the rule, the general principles, product characteristics or design processes (including researches), productions, constructions, installation, adjustment, storage, transportation, realization, operation, utilization, performance of works, rendering services. The standard may contain also requirements to terminology, symbolics, packaging, marking and/or labeling;
lack of goods (work, service) or goods of inadequate quality - discrepancy of goods (work, service) to the standard, terms of the contract or usually qualifying standards to goods quality (works, services);
the essential lack of goods (work, service) - shortcoming which makes impossible or inadmissible use of goods (work, service) according to its purpose either cannot be eliminated or is shown after elimination again, or for elimination of which big costs or owing to which the consumer substantially loses what he had the right to expect in case of the conclusion of the agreement are required;
safety of goods (work, service) - safety of goods (work, service) for life, health, property of the consumer and the environment in case of usual conditions of its use, storage, transportation and utilization, and also safety of process of performance of work (rendering service);
the subject of trade includes, but does not limit, any goods, products, services or release of services of trade;
the purchase and sale agreement - the agreement between the seller (contractor) and the consumer on goods quality, term, the price and other purchases and sale terms, performance of works, on rendering services;
the authorized state bodies exercising the state control (supervision) - the state bodies authorized by the Cabinet of Ministers of the Kyrgyz Republic exercising control (supervision) of observance of requirements of technical regulations and the legislation of the Kyrgyz Republic in the field of ensuring unity of measurements;
authorized body - the state body authorized by the Cabinet of Ministers of the Kyrgyz Republic performing cross-industry coordination in the field of consumer protection;
the state antimonopoly authority - the state body authorized by the Cabinet of Ministers of the Kyrgyz Republic exercising the state control in the field of consumer protection in case of purchase of goods (works, services).
the virtual asset - the data set in electronic and digital form having cost, being digital expression of value and (or) means of the certificate of the property and (or) non-property rights which is created, stored and addresses with use of technology of the distributed registers or similar technology and is not monetary unit (currency), instrument of payment and security;
paragraph of ceased to be valid;
monitoring - process of observation, collection, fixing, the analysis of activities of subjects of entrepreneurship which is carried out by means of photo and video surveillance and is directed to identification and elimination of violations of the regulations established by this Law is not check and cannot form the basis for conducting checks. In case of identification by results of monitoring of violations of regulations of the consumer protection law by the state antimonopoly authority the prevention on elimination of the revealed violations is issued. In case of repeated identification following the results of monitoring of violations of requirements of the consumer protection law by the state antimonopoly authority the instruction about elimination of the revealed violations which execution is obligatory is taken out.
If the international treaty ratified by Jogorku Kenesh of the Kyrgyz Republic establishes other rules about consumer protection, than those which are provided by this Law are applied rules of the international treaty.
The right of consumers to education in the field of consumer protection is provided by means of inclusion of relevant requirements in the state educational standards, general education and professional programs, and also by means of the organization of system of consumer information about their rights and about necessary actions for protection of these rights.
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