LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 21, 2016 No. 504-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning consumer protection

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (General part) accepted by the Supreme Council of the Republic of Kazakhstan on December 27, 1994 (Sheets of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61, 63; No. 14, Art. 84; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79; No. 20-I, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115):

to state Item 2 of Article 80 in the following edition:

"2. Alienation by the member of limited liability partnership of the share (its part) to the third parties is allowed if other is not provided by constituent documents of partnership or legal acts.

Members of limited liability partnership have the right of purchase of share or its part, preferential before the third parties, except as specified, provided by this Code and the Law of the Republic of Kazakhstan "About partnerships with the limited and accessorial liability". If constituent documents or the agreement of participants of partnership do not provide other, the privilege of purchase of share (its part) is performed by participants in proportion to the sizes of their shares in the authorized capital of partnership.

In case of sale of share (its part) with violation of the privilege of purchase any member of limited liability partnership has the right within three months from the date of sale to require judicially transfer of the rights to it and obligations of the buyer.".

2. In the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 20-21, of Art. 89; 2010, No. 5, Art. 23; No. 7, Art. 32; No. 15, Art. 71; No. 24, Art. 149, 152; 2011, No. 1, Art. 2, 3; No. 2, Art. 21; No. 11, Art. 102; No. 12, Art. 111; No. 17, Art. 136; No. 21, Art. 161; 2012, No. 1, Art. 5; No. 3, Art. 26; No. 4, Art. 32; No. 8, Art. 64; No. 12, Art. 83; No. 14, Art. 92, 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 5-6, of Art. 30; No. 7, Art. 36; No. 9, Art. 51; No. 12, Art. 57; No. 13, Art. 62; No. 14, Art. 72, 75; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 7, Art. 37; No. 10, Art. 52; No. 11, Art. 65; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 1, Art. 2; No. 7, Art. 33; No. 10, Art. 50; No. 19-II, Art. 102; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 22-I, Art. 143; No. 22-V, Art. 156; No. 23-II, Art. 170):

1) in the subitem 53) of Item 1 of Article 7 of the word", dietary supplements to food" to exclude".;

Article 7-1 to add 2) with subitems 14-1) and 22-1) of the following content:

"To 14-1) determination of classes of danger of waste on extent of their impact per capita and the environment (on toxicity degree);";

"To 22-1) control of advertizing of dietary supplements to food;";

Item 1 of Article 18 to add 3) with part two of the following content:

"Advertizing of dietary supplements to food is performed according to the procedure, determined by state body in the field of sanitary and epidemiologic wellbeing of the population.";

Paragraph one of the subitem 1) of Item 12 of Article 21 to state 4) in the following edition:

"1) to prohibit import, application and realization in the territory of the Republic of Kazakhstan, including on epidemic significant objects, to products, held for use and applications by the population, and also in business and (or) other activity, in case of:".

3. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-I, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-I, Art. 140, 141, 143; No. 22-II, Art. 144, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9):

Table of contents to add 1) with heading of Article 715-1 of the following content:

"Article 715-1. Authorized body in the field of consumer protection";

Paragraph two of part two of Article 415 to state 2) in the following edition:

"attracts penalty on physical persons in the amount of forty five, on small business entities or non-profit organizations - in the amount of hundred twenty, on subjects of medium business - in the amount of two hundred, on subjects of big business - in the amount of four hundred monthly settlement indicators, with deprivation of the certificate of accreditation, certificates of experts-auditors in confirmation of conformity, accreditation, with suspension of operations or without that, with confiscation of products or without that.";

Paragraph two of part two of Article 425 to state 3) in the following edition:

"attracts penalty on physical persons in the amount of two hundred, on officials, small business entities or non-profit organizations - in the amount of three hundred, on subjects of medium business - in the amount of four hundred, on subjects of big business - in the amount of two thousand monthly settlement indicators, with suspension of operations or without that, with confiscation of products or without that.";

Part one of Article 701 to state 4) in the following edition:

"The bodies exercising control and supervision in the field of sanitary and epidemiologic wellbeing of the population consider cases on the administrative offenses provided by Articles 93 (parts two and heel), 151 (part one), 203, of 324, of 327, of 344, of 351, of 358, 425 (part one), 428, 430 (part one), 431, 464 (part one), 621 (parts one, the second), 637 (part twelve) of this Code.";

Part one of Article 715 to state 5) in the following edition:

"1. The bodies exercising the state control in the field of technical regulation and ensuring unity of measurements consider cases on the administrative offenses provided by Articles 203, 415 (part one), 417 (parts two, the third, fourth and fifth), 418, 419 (part one), 464 (part one), 638 (part one) of this Code.";

To add 6) with Article 715-1 of the following content:

"Article 715-1. Authorized body in the field of consumer protection

1. The authorized body in the field of consumer protection considers cases on the administrative offenses provided by Articles 193 (part one), 415 (subitems 1), 2), 3) of part one) of this Code.

2. Consider cases on administrative offenses and impose administrative punishments the head of authorized body in the field of consumer protection, his deputies, heads of territorial subdivisions and their deputies has the right.";

Part one of Article 804 to add 7) with the subitem 64) of the following content:

"64) authorized body in the field of consumer protection and its territorial authorities (Article 193 (part three), 415 (part two).".

4. In the Law of the Republic of Kazakhstan of April 22, 1998 "About partnerships with the limited and accessorial liability" (Sheets of Parliament of the Republic of Kazakhstan, 1998, No. 5-6, of Art. 49; 1999, No. 20, Art. 727; 2002, No. 10, Art. 102; 2003, No. 11, Art. 56; No. 24, Art. 178; 2004, No. 5, Art. 30; 2005, No. 14, Art. 58; 2006, No. 3, Art. 22; No. 4, Art. 24, 25; No. 8, Art. 45; 2007, No. 4, Art. 28; No. 20, Art. 153; 2008, No. 13-14, of Art. 56; 2009, No. 2-3, of Art. 16; 2010, No. 1-2, of Art. 2; 2011, No. 1, Art. 9; No. 5, Art. 43; No. 6, Art. 50; No. 24, Art. 196; 2012, No. 2, Art. 15; No. 21-22, of Art. 124; 2014, No. 4-5, of Art. 24; No. 23, Art. 143; 2015, No. 22-VI, Art. 159):

Item 3 of Article 30 to state 1) in the following edition:

"3. The restrictions set by this Article do not extend to cases of sale of the share belonging to the state or the state legal entity if such sale is performed according to the Law of the Republic of Kazakhstan "About state-owned property" by sale of share at the biddings.";

Article 31 to add 2) with Item 13 of the following content:

"13. Rules of this Article do not extend concerning sale of share of the state, national managing holdings, national holdings, the national companies and their affiliated and dependent organizations in limited liability partnerships which are subject to privatization or transfer to competitive environment according to the list determined by the Government of the Republic of Kazakhstan.".

5. In the Law of the Republic of Kazakhstan of December 19, 2003 "About advertizing" (Sheets of Parliament of the Republic of Kazakhstan, 2003, No. 24, Art. 174; 2006, No. 15, Art. 92; No. 16, Art. 102; 2007, No. 12, Art. 88; 2009, No. 17, Art. 79, 82; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 11, Art. 102; 2012, No. 3, Art. 25; No. 14, Art. 92; 2013, No. 8, Art. 50; No. 21-22, of Art. 115; 2014, No. 2, Art. 11; No. 11, Art. 65; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 8, Art. 44; No. 20-IV, Art. 113):

add Article 13 with Item 6 of the following content:

"6. The advertizing of the under construction, and also for the first time put into operation apartment house (residential building) which is not corresponding to its project documentation and classification of residential buildings provided by the state construction regulations and rules is forbidden.".

6. In the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity" (Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 6, Art. 44; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 23, Art. 141; 2009, No. 17, Art. 80; No. 18, Art. 84; No. 24, Art. 129; 2010, No. 15, Art. 71; 2011, No. 2, Art. 26; No. 11, Art. 102; 2012, No. 2, Art. 11, 14; No. 15, Art. 97; 2013, No. 14, Art. 75; No. 15, Art. 81; No. 21-22, of Art. 114; 2014, No. 1, Art. 4; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 11, Art. 52; No. 20-IV, Art. 113):

1) in Article 1:

state subitem 1-1) in the following edition:

"1-1) marked-down goods - the goods realized at reduced price in connection with availability of shortcoming or elimination of shortcoming;";

add with subitem 1-2) of the following content:

"1-2) quantitative restrictions of export and (or) import - measure for quantitative restriction of foreign trade in goods which can be entered by establishment of quotas;";

state subitems 4-1), 4-2) and 4-3) in the following edition:

"4-1) sale - sales of goods of proper quality at reduced prices;

4-2) import customs duty - the obligatory payment levied by customs authorities in case of commodity importation on customs area of the Eurasian Economic Union;

4-3) export customs duty - the obligatory payment levied by customs authorities of the Republic of Kazakhstan in case of commodity exportation from customs area of the Eurasian Economic Union;";

add with subitem 20-1) of the following content:

"20-1) exclusive export right and (or) import of separate types of goods - implementation of foreign trade activity concerning separate types of goods on the basis of the exclusive license;";

Article 12 to add 2) with Item 6 of the following content:

"6. The procedure for sale and realization of marked-down goods is established by rules of domestic trade.".

7. In the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" (Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 17, Art. 102; 2006, No. 3, Art. 22; No. 7, Art. 38; No. 13, Art. 87; No. 24, Art. 148; 2007, No. 19, Art. 148; 2008, No. 15-16, of Art. 64; No. 24, Art. 129; 2009, No. 13-14, of Art. 62; No. 15-16, of Art. 74; No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; No. 16, Art. 129; 2012, No. 3, Art. 21; No. 12, Art. 85; No. 14, Art. 92; No. 15, Art. 97; 2013, No. 4, Art. 21; No. 14, Art. 75; No. 15, Art. 79; 2014, No. 10, Art. 52; No. 12, Art. 82; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 11, Art. 57; No. 20-IV, Art. 113; No. 23-I, Art. 169):

to add Item 1 of Article 18 with parts four and heel of the following content:

"The power supplying organizations have no right to stop giving of heat energy to the consumer in the presence of debt on payment for the used electrical energy.

The power supplying organizations have no right to stop giving of electrical energy to the consumer in the presence of debt on payment for the used heat energy.".

8. In the Law of the Republic of Kazakhstan of July 21, 2007 "About safety of food products" (Sheets of Parliament of the Republic of Kazakhstan, 2007, No. 17, Art. 133; 2009, No. 18, Art. 86; 2011, No. 1, Art. 2, 7; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 2, Art. 16; 2013, No. 14, Art. 75; 2014, No. 1, Art. 4; No. 19-I, 19-II, Art. 96; No. 23, Art. 143; No. 20-IV, Art. 113):

1) in Article 6:

exclude Item 1;

state Item 2 in the following edition:

"2. In the field of sanitary and epidemiologic wellbeing of the population are within the competence of authorized body:

1) realization of state policy in the field of safety of the food products which are subject to sanitary and epidemiological surveillance;

2) representation of the Republic of Kazakhstan in the international organizations for safety of the food products which are subject to sanitary and epidemiological surveillance;

3) the organization, coordination and implementation of the state control of observance of the requirements established by the legislation of the Republic of Kazakhstan on safety of the food products which are subject to sanitary and epidemiological surveillance;

4) development of sanitary and epidemiologic rules and regulations, hygienic standard rates, technical regulations, regulating documents in the field of safety of the food products which are subject to sanitary and epidemiological surveillance;

5) approval:

expiration dates and storage conditions of food products;

drafts of the specifications and technical documentation in the field of safety of the food products which are subject to sanitary and epidemiological surveillance;

compliance of processes (stages) of development (creation), production (production), turnover, utilization and destruction of food products, compliance of the machines and the equipment, materials and products used in case of development (creation), production (production), turnover, utilization and destruction, to the requirements established by the legislation of the Republic of Kazakhstan on safety of food products with issue of the sanitary and epidemiologic conclusion;

6) implementation of sanitary and epidemiological surveillance of objects of production and objects of domestic trade for the purpose of identification and development of measures for non-admission of realization of the dangerous food products which are subject to sanitary and epidemiological surveillance;

7) control of activities of the physical persons and legal entities performing sanitary and epidemiologic examination of food products by determination of its safety;

8) state registration, re-registration and withdrawal of the decision on state registration of products of baby food, dietary supplements to food, genetically modified objects, dyes, materials and products contacting to water and food, chemicals, the separate types of products and substances making harmful effects on health of the person, placement of the State register of the substances and products allowed for use in the Republic of Kazakhstan on Internet resources;

9) the organization and implementation of sanitary and epidemiological surveillance behind compliance of food products in processes (at stages) its developments (creation), production (production), turnover and utilization, behind compliance of processes (stages) of development (creation), production (production), turnover, utilization and destruction of food products, behind compliance of the machines and the equipment, materials and products used in case of development (creation), production (production), turnover, utilization and destruction of food products, to the requirements established by the legislation on safety of food products;

10) issue of instructions about elimination of violations of requirements of this Law;

11) accounting and monitoring of objects of production and objects of domestic trade;

12) assignment of accounting numbers to objects of production of the food products which are subject to sanitary and epidemiological surveillance and maintaining their register;

13) work on evidence-based confirmation of safety of dietary supplements to food;

14) approval of procedure:

conducting sanitary and epidemiologic examination of food products by determination of its safety;

issues of balneology of the balneological conclusion by scientific centers on use of natural mineral waters;

turnover of dietary supplements to food;

state registration, re-registration and withdrawal of the decision on state registration of products of baby food, food and dietary supplements to food, genetically modified objects, dyes, materials and products contacting to water and food, chemicals, the separate types of products and substances making harmful effects on health of the person;

works on evidence-based confirmation of safety of dietary supplements to food;

15) implementation of other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Competence of territorial subdivisions of department of authorized body in the field of sanitary and epidemiologic wellbeing of the population on Frontier of the Republic of Kazakhstan and on transport is determined by the laws of the Republic of Kazakhstan.";

in item 4 of the word of "authorized body on consumer protection" shall be replaced with words "authorized body in the field of consumer protection";

"Authorized body in the field of sanitary and epidemiologic wellbeing of the population" shall be replaced with words 2) in Item 3 of Article 16 of the word "authorized body in the field of sanitary and epidemiologic wellbeing of the population";

"Authorized body in the field of sanitary and epidemiologic wellbeing of the population" shall be replaced with words 3) in part two of Item 1 of Article 23 of the word "authorized body in the field of sanitary and epidemiologic wellbeing of the population";

Shall be replaced with words 4) in Item 5 of Article 27 of the word "in the field of health care" "in the field of sanitary and epidemiologic wellbeing of the population".

9. In the Law of the Republic of Kazakhstan of May 4, 2010 "About consumer protection" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 9, Art. 43; 2011, No. 11, Art. 102; 2014, No. 1, Art. 4; No. 21, Art. 122; No. 22, Art. 128; No. 23, Art. 143; 2015, No. 22-VII, Art. 161):

1) in Article 1 subitems 5) to state 7), 9), 11), 15) and 16) in the following edition:

"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;";

"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;";

"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;";

"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;";

"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;";

add with the subitem 17) of the following content:

"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;";

To add 2) with Article 2-1 of the following content:

"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;

4) ensuring protection of legitimate interests of consumers;

5) participations of public associations of consumers in ensuring consumer protection;

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

Article 4 to add 3) with subitems 1-1) and 1-2) of the following content:

"1-1) at least two times a year considers questions of consumer protection at meetings;

1-2) annually no later than June 1 sends to the President of the Republic of Kazakhstan the annual statement about condition of consumer protection;";

Articles 5 and 6 to state 4) in the following edition:

"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 semi-annual, annual analysis of claims of consumers and the annual analysis of activities of state bodies concerning consumer protection;

6) makes the offer (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 and education of consumers;

8) initiates and considers proceedings on administrative offenses;

9) exercises the state control of observance of the requirements established by technical regulations;

10) 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;

11) annually no later than May 1 is sent to the Government of the Republic of Kazakhstan by the annual statement about condition of consumer protection;

12) participates in preparation of drafts of international treaties concerning consumer protection;

13) enables forming and the realization of the state social order on carrying out researches, on information and educational work and the consulting help to the population concerning consumer protection;

14) performs other powers provided by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 6. Competence of state bodies

State bodies within the competence:

1) is considered by appeals of physical persons or legal entities in the field of consumer protection;

2) is applied by responsibility measures to violators of the legislation of the Republic of Kazakhstan on consumer protection;

3) exercise control of compliance with law of the Republic of Kazakhstan about consumer protection;

4) is performed by informing, consultation and education of consumers;

5) inform consumers on goods (works, services) representing risk for their health and safety;

6) are represented to authorized body no later than March 1 of the year following after accounting year, annual and no later than September 1 of the current year semi-annual information on the arrived addresses on violations of the rights of consumers and activities in the field of consumer protection;

7) 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;

8) annually place in mass media statistical data according to the arrived addresses about violations of the rights of consumers, to results of their consideration and information on activities in the field of consumer protection;

9) analyze the legislation of the Republic of Kazakhstan regarding need of its enhancement concerning consumer protection and following the results of develop projects of regulatory legal acts;

10) is performed by other powers provided by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.";

To add 5) with Article 6-1 of the following content:

"Article 6-1. The organization and procedure of the state control of observance of the requirements established by technical regulations

The state control of observance of the requirements established by technical regulations is performed according to the Entrepreneurial code of the Republic of Kazakhstan.";

The subitem 2) of Item 1 of Article 7 to state 6) in the following edition:

"2) education in the field of consumer protection;";

To add 7) with Article 8-1 of the following content:

"Article 8-1. The conditions violating the rights of consumers in case of the conclusion of the agreement

1. The seller (the contractor, the manufacturer) shall not include in the contract with the consumer of condition which violate and (or) restrain the consumer's rights.

2. The conditions violating and (or) infringing the rights of consumers in case of the conclusion of the agreement:

1) release or the unreasonable liability limit of the seller (the contractor, the manufacturer) in case of damnification of life, to health and (or) property of the consumer;

2) exception or restriction of the rights of the consumer in case of complete or partial failure to carry out or inadequate accomplishment by the seller (the contractor, the manufacturer) of contractual commitments;

3) establishment of obligations of the consumer on the paid goods (works, services) imposed in addition by the seller (the contractor, the manufacturer);

4) establishment of the requirement for payment by the consumer of disproportionately large sum (over thirty percent of cost of goods, service, work) in case of failure to carry out of agreement obligations by it;

5) provision to the seller (the contractor, the manufacturer) it is right to change and terminate unilaterally the agreement without observance of regulations of the Civil code of the Republic of Kazakhstan on the bases and procedure for change and agreement cancelation;

6) provision to the seller (the contractor, the manufacturer) it is right not to return the paid sum of money for not provided goods (services, works) in case of agreement cancelation;

7) provision to the seller (the contractor, the manufacturer) of opportunity to increase the price without provision to the consumer of the right to terminate the agreement;

8) provision to the seller (the contractor, the manufacturer) of the right to determine goods compliance to terms of the contract or provision to it the rights of interpretation of the agreement;

9) the liability limit of the seller (the contractor, the manufacturer) according to obligations assumed by his representatives;

10) establishment of obligation of the consumer to fulfill all obligations if the seller (the contractor, the manufacturer) will not fulfill the obligations;

11) provision to the seller (the contractor, the producer) of the right to transfer the rights and obligations under the agreement to the third party without observance of regulations of the Civil code of the Republic of Kazakhstan about change of persons in the obligation;

12) other conditions violating and (or) infringing the rights and legitimate interests of consumers.

3. If as a result of application of the terms of the contract violating and (or) infringing the consumer's rights, to the consumer loss is caused, they shall be compensated by the perpetrator in full.

4. The consumer has the right to indemnification, put to it with the seller (the contractor, the manufacturer) in connection with use of benefits of the provision by the last.

5. Any prisoner between the seller (the contractor, the manufacturer) and the consumer the sales agreement of goods, performance of works, rendering services shall contain the conditions which are accurately formulated and excluding double interpretation not requiring for their understanding of special knowledge.";

To state Article 9 in the following edition:

"Article 9. The right of consumers to education in the field of consumer protection

The right of consumers to education in the field of consumer protection is provided by means of inclusion of relevant requirements in the state obligatory standards of education and educational programs, and also by means of the organization of system of informing consumers on their rights and about necessary actions for protection of these rights.";

Item 1 of Article 14 to state 9) in the following edition:

"1. The buyer has the right within fourteen days after the date of transmission to him nonfood goods if longer term is not announced by the seller (manufacturer) to exchange the purchased goods in the place of purchase or other places announced by the seller (manufacturer) for similar goods of other size, form, dimension, style, coloring, picking and so forth or for other goods by agreement of the parties, having made in case of difference in the price necessary recalculation with the seller.

Exchange is made according to article 30 of this Law.";

10) in Article 17:

state Item 2 in the following edition:

"2. If on goods the warranty period is established, the consumer has the right to impose requirements connected with goods shortcomings in case of detection of shortcomings of goods during warranty period.

The warranty period begins to be estimated with date of transmission of goods to the buyer if other is not provided by the agreement.

If on goods the warranty period or expiration date, requirements connected with goods shortcomings is not established can be shown by the consumer provided that shortcomings of the sold goods were found within two years from the date of transfer of goods to the consumer if longer terms are not established by the legislation of the Republic of Kazakhstan or the agreement.

In cases when the warranty period provided by the agreement constitutes less than two years and shortcomings of goods are found by the consumer after warranty period, but within two years from the date of transfer of goods to the consumer, the seller (manufacturer) bears responsibility if the consumer proves that shortcomings of goods arose before transfer of goods to the consumer or for the reasons which arose up to this point.

If other is not provided by the agreement, the warranty period for the component is considered equal to warranty period for the main product and begins to expire along with warranty period for the main product.

When replacing goods (component) the warranty period is estimated again if other is not provided by the agreement.

In case on the component and component of goods in the agreement the warranty period of smaller duration, than warranty period for the main product is established, the consumer has the right to impose requirements about shortcomings of the component and component of goods in case of their detection during warranty period for the main product.

If on the component in the agreement the warranty period of bigger duration, than warranty period for the main product is established, the consumer has the right to impose requirements about goods shortcomings if shortcomings of the component are found during warranty period for it, irrespective of the expiration of warranty period for the main product.

In case of sales of goods on samples, by mail, by electronic trading, and also in cases if the moment of the conclusion of the purchase and sale agreement and date of transmission of goods to the consumer do not match, the warranty period or term for identification of shortcomings of goods is estimated from the date of transfer (delivery) of goods to the consumer and if the goods need special installation (connection) or assembly, - from the date of its installation (connection) or assembly. If the consumer is deprived of opportunity to use goods on the circumstances depending on the seller (manufacturer), the warranty period or term for identification of shortcomings of goods is not estimated before elimination of such circumstances by the seller (manufacturer). If day of transfer (delivery), installation (connection) or assembly of goods, elimination of the circumstances depending on the seller owing to which the consumer cannot use goods for designated purpose it is impossible to determine, this term is estimated from the date of the conclusion of the purchase and sale agreement.

If day of transfer cannot be established, these terms are estimated from the date of production of goods.

If in date of production of goods only month and year or year of production of goods are specified, the last day of month or year is considered day of its production respectively.";

add with Item 3 following of content:

"3. The terms specified in this Article are brought to the attention of the consumer in information on goods provided to the consumer according to article 25 of this Law.";

Part the second Article 18 to state 11) in the following edition:

"Absence at the consumer of the document confirming the fact of purchase of goods does not deprive of it the right to refer to the testimony, and also documents and other evidentiary facts, including photo and (or) video fixing, in confirmation of the fact of purchase of goods.";

Article 23 to state 12) in the following edition:

"Article 23. The rights and obligations of the seller (the manufacturer, the contractor) on establishment of warranty period

1. The manufacturer (contractor) has the right to establish warranty period for goods (work, service) if other is not determined by the legislation of the Republic of Kazakhstan during which in case of detection of lack of goods (work, service) the manufacturer (contractor) shall meet the consumer requirements established by this Law.

2. The seller has the right to increase the warranty period established by the manufacturer (contractor), but has no right to reduce it.

3. The seller (the manufacturer, the contractor) has the right to assume obligations concerning the shortcomings of goods found after warranty period (the additional obligation).

Contents of the additional obligation of the manufacturer, effective period of such obligation and procedure by the consumer of the rights are determined by such obligation by the seller (the manufacturer, the contractor).

4. The seller shall establish warranty period for goods if the manufacturer (contractor) did not execute stipulated by the legislation obligation of the Republic of Kazakhstan on its installation or executed it in an inadequate way.

5. The warranty obligation does not stop in case of impossibility of accomplishment of such obligation in view of lack of materials, necessary for its accomplishment, component parts or spare parts.";

Article 24 to add 13) with parts five and the sixth the following content:

"The seller (manufacturer) shall sell, and the consumer has the right to purchase goods according to the specified cost which is drawn up by the label of the prices exposed in internal and (or) external show-windows of the shopping facility.

It is forbidden to the seller (the manufacturer, the contractor), except as specified, stipulated by the legislation the Republic of Kazakhstan to limit the rights of consumers concerning application photo, video filming.";

14) in Article 25:

state Item second in the following edition:

"2. The seller (manufacturer) shall report about the nonfood goods of proper quality which are not subject to exchange or return according to Item 1 of article 30 of this Law timely.";

add Item 3 with part two of the following content:

"Information on the goods realized by electronic trading is carried to the consumer by means of information technologies.";

add with Items 5, 6 and 7 following contents:

"5. The seller is not exempted from liability in case of non receipt by him from the manufacturer of the relevant information on goods.

6. Certificates of conformity or the declaration of conformity, including the import goods which are subject to obligatory confirmation of conformity shall be provided to the consumer.

7. Information provided in one language or in foreign language is considered not provided.";

Article 26 to add 15) with item 4 of the following content:

"4. The seller (the manufacturer, the contractor) shall inform the consumer the address and phone number of authorized body, sales term of goods (performance of works, rendering services), and also information on obligation of the seller in case of sale of goods (performance of work, rendering service) to issue the document confirming the fact of purchase of goods (performance of work, rendering service), having placed the specified information on sign in the Kazakh and Russian languages.";

Item 1 of Article 28 to state 16) in the following edition:

"1. The seller (the manufacturer, the contractor) shall provide to the consumer the free choice of goods (work, service) proper quality in time, convenient for the consumer, taking into account operating mode of the seller (the manufacturer, the contractor). It is forbidden to force the consumer to acquire goods (work, service) in quantity unnecessary it and (or) assortment.";

17) in Article 30:

add with Item 1-1 of the following content:

"1-1. The seller (manufacturer) shall provide exchange or return of the goods sold expired, not conforming to the requirements established by technical regulations, regulating documents on products, including issued with violation of intellectual property rights, irrespective of its use, preserving trade dress, consumer properties, seals, labels within thirty calendar days from the date of purchase of goods with return to the consumer of sum of money for the purchased goods.";

state Items 2 and 3 in the following edition:

"2. In case of detection by the consumer of shortcomings of goods and presentation of the requirement about its replacement to them the seller (manufacturer) shall replace it without delay, and in need of additional check (examination) of goods quality by the seller (manufacturer) - within thirty calendar days from the moment of presentation of the relevant requirement.

The goods of inadequate quality shall be replaced with new similar goods, that is with the goods which were not in the use.

If the seller (manufacturer) at the time of submission of demand has no goods, necessary for replacement, replacement shall be made within ten calendar days from the date of presentation of such requirement.

The cost of additional check (examination) of goods quality is paid by the seller (manufacturer). If as a result of check (examination) of goods it is determined that shortcomings of goods are absent or arose after transfer of goods to the consumer owing to violation of statutory rules of use, storage or actions of the third parties or force majeure by it, the consumer shall refund to the seller (manufacturer) expenses on conducting check (examination), and also expenses on transportation of goods connected with its carrying out.

The consumer has the right to take part in quality check and conducting examination of goods personally or through the representative, and also to perform (examination) of goods at own expense.

When replacing goods (component) the warranty period is estimated again from the date of transfer to his consumer if other is not provided by the agreement.

3. With the consent of the consumer the shortcomings found in goods shall be eliminated by the seller (manufacturer) within ten calendar days from the moment of presentation of the relevant requirement if other term is not established by the agreement.

The term of remedial action of goods determined by the agreement cannot exceed twenty calendar days. If during remedial action, found in goods, will become obvious that they will not be eliminated in time, the parties can sign the supplementary agreement about prolongation of term on remedial action of goods for ten calendar days. At the same time lack of spare parts, necessary for remedial action of goods (details, materials), the equipment, the specialist and another is not the basis for discharge of the manufacturer (seller) for violation of term of remedial action of goods.

In case of remedial action in goods the warranty period is prolonged for time during which the goods were not used. The specified time is estimated from the date of the address of the consumer with the requirement about remedial action until execution of consumer requirement.

In case of issue of goods the manufacturer (seller) shall provide in writing to the consumer information on prolongation of warranty period.";

18) in Article 31:

state item 4 in the following edition:

"4. Due to use of materials, the equipment, tools and other means in case of production of goods (performance of works, rendering services) irrespective of, allowed to reveal the level of scientific and technical knowledge of the manufacturer (contractor) their special characteristics and characteristics, the harm done owing to goods shortcomings (work, service), is subject to compensation.";

add with Items 5 and 6 of the following content:

"5. The seller (the manufacturer, the contractor) bears responsibility for the harm done to life, health and (or) property of the consumer, also if the goods are provided, sold, and the service is rendered gratuitously or at reduced price.

6. The seller (the manufacturer, the contractor) is exempted from liability in case of presentation of proofs that harm is done owing to actions of the third parties or force majeure or violation by the consumer of statutory rules of use, storage of goods (works, services).";

Article 32 to add 19) with Item 5 of the following content:

"5. The manufacturer (contractor) shall warn the consumer about fixed term of use (expiration date, services) goods (result of works, services) or its parts, compulsory provisions of its use and possible effects in case of their failure to carry out, and also about necessary actions upon termination of this term.";

Article 35 to add 20) with Items 6 and 7 of the following content:

"6. In cases when the warranty period provided by the agreement constitutes less than two years (five years on real estate) and shortcomings of work (service) are found by the consumer after warranty period, but within two years (five years on real estate), the consumer has the right to impose requirements, stipulated in Item 1 this Article if proves that such shortcomings arose before acceptance of result by it work (service) or on the reasons which arose up to this point.

7. In case of identification of essential shortcomings of work (service) the consumer has the right to impose on the contractor requirement about non-paid remedial action if proves that shortcomings arose before acceptance of result by it work (service) or on the reasons which arose up to this point. This requirement can be imposed if such shortcomings are found after two years (five years concerning real estate) from the date of acceptance of result of work (service), but within the warranty period established on result of work (service) or within ten years from the date of acceptance of result of work (service) by the consumer if the warranty period is not established.";

21) Article 36 to add with Item 3 following of content:

"3. In case of essential increase after the conclusion of the agreement of material cost and the equipment which shall be provided by the contractor and also of the services rendered to him by the third parties the contractor has the right to require increase in the established estimate, and in case of refusal of the consumer to fulfill this requirement - agreement cancelation.";

Item 1 of Article 38 to state 22) in the following edition:

"1. If work is performed fully or partially from the consumer's material, the contractor is responsible for safety of this material, its correct use.

In the agreement on performance of work (rendering service) or other document the exact name and the description of material of the consumer shall be specified.";

23) Article 40 to add with Item 3 following of content:

"3. Financing of public associations of consumers, and also their associations (unions) by subjects of private entrepreneurship is forbidden.";

Article 41 to state 24) in the following edition:

"Article 41. Rights of public associations of consumers, associations (unions)

1. Public associations of consumers, associations (unions) have the right:

1) to make suggestions for improvement of the legislation of the Republic of Kazakhstan on consumer protection in authorized body and other state bodies;

2) to address to state bodies for the purpose of assistance in consideration of the fact of violation of the rights of consumers;

3) to study consumer properties of goods, demand for it, to conduct population surveys for detection of public opinion about goods quality (works, services);

4) to perform reception of applications, claims;

5) to address to state bodies for the purpose of goods quality evaluation (work, service) in case of receipt of the statement, the claim of the consumer;

6) to represent consumer interests in state bodies, and also in other public associations according to the procedure, determined by the laws of the Republic of Kazakhstan;

7) to make claims in court in consumer interests, including for the benefit of uncertain circle of consumers;

8) to research and distribute information on problems and the rights of consumers in mass media;

9) to realize social programs, projects, and also the separate actions directed to the solution of social tasks concerning consumer protection on the basis of the state social orders;

10) to participate in development of the standards and regulating technical documents establishing mandatory requirements on safety of goods (works, services);

11) to study and send to the relevant state bodies information on observance of the rights of consumers in the field of trade, household and other types of servicing;

12) to address to the relevant state bodies for the purpose of taking measures within their competence of the relation of the persons which issued and realized goods (who performed works and rendered services), not conforming to the established requirements for safety and quality;

13) to make claims in the consumer interests which are not members of public associations of consumers in case of violation of their rights provided by the current legislation of the Republic of Kazakhstan;

14) to distribute information on results of researches of goods quality (works, services), and also other information which will promote realization of the rights and legitimate interests of consumers. The results of researches of goods quality (works, services) published by public associations of consumers (their associations, the unions) are not advertizing;

To bring 15) in the relevant state bodies and the organizations of the offer on taking measures to improvement of quality of goods (works, services);

16) to participate together with the relevant state bodies in the forming of open and public state information resources in the field of consumer protection, quality and safety of goods (works, services) according to the procedure established by the current legislation of the Republic of Kazakhstan;

17) to give legal and consulting aid to consumers;

18) to represent through the members consumer interests in the course of mediation in case of the conflict resolution between the consumer and the seller (the contractor, the manufacturer);

19) to take part in work of public councils according to the procedure, established by the Law of the Republic of Kazakhstan "About public councils".

2. Public associations of consumers, associations (unions) provide at the request of authorized body information about:

1) quantity and contents of claims of consumers;

2) the events held in the authorized purposes.".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication.

 

 

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