ORDER OF THE CABINET OF MINISTERS OF UKRAINE

of March 29, 2017 No. 217-r

About approval of the Concept of state policy in the field of consumer protection for the period till 2020

1. Approve the Concept of state policy in the field of consumer protection for the period till 2020 which is applied.

2. To the Ministry of economic development and trade together with other interested central executive bodies to develop and to submit to the Cabinet of Ministers of Ukraine in accordance with the established procedure the actions plan on implementation of the Concept approved by this order in a month.

3. Declare invalid the order of the Cabinet of Ministers of Ukraine of June 5, 2013 No. 777 "About approval of the Concept of state policy in the field of consumer protection" (The Official Bulletin of Ukraine, 2013, No. 81, the Art. 3005).

Approved by the Order of the Cabinet of Ministers of Ukraine of March 29, 2017 No. 217-r

The concept of state policy in the field of consumer protection for the period till 2020

The problem requiring the solution

From the moment of finding of independence by Ukraine obsolete approach to creation and development of system of consumer protection when in the respective sphere control and supervising functions of the state with fixing of actual position concerning violation of the rights of consumers in the domestic market prevail actually remained. At the same time preventive approach is applied to non-admission and the prevention of such violations. Responsibility of subjects of managing for violation of the rights of consumers does not provide the prevention of further violations of such rights. The consumer is also defenseless in the relations which arise in the market which is in condition of natural monopoly and in the adjacent markets in the field of heat supply and centralized water supply and water disposal, conversion and burial of household waste.

Consumers in Ukraine are not protected by the state and the law owing to declarative nature of the proclaimed rights and lack of mechanisms of their realization and recovery.

Lack of complete system of the state supervision (control) leads to emergence of competitive advantages for unfair business. Therefore, the domestic consumer market more risk and dangerous to consumers which violation of the rights acquired mass nature. Most of subjects of managing (producers) lose the competitiveness as within the country, and in the market, joint with the EU. Distribution in the domestic market of dangerous products and products of inadequate quality becomes more and more threatening for health and population life.

At the national level the system of realization of the European principle of presumption of innocence of the consumer, available and transparent system of pre-judicial consideration of claims and response to results of independent consumer researches is not created.

Besides, in Ukraine the role of civil society, in particular public associations of consumers is underestimated. At the same time in the European practice actions for the state support of activities of non-governmental organizations are successfully performed that allows to use more effectively resources in the solution of questions of informing, consultation, consumer education, determination of threats, market monitoring, control of accomplishment of the functions by public authorities, preventions of emergence of corruptogenic factors.

The system of consumer protection in the European countries occupies one of the leading places in the course of forming of economic and social policy. The European approaches to stimulation of civil activity of consumers and involvement of independent consumer organizations reside in the center of attention of the European Commission and the governments of EU countries. The consumers informed, informed and given the real rights are the engine of economic changes, their choice stimulates implementation of innovations and development of economy.

The purpose of realization of consumer policy of the EU determines stable development of the domestic market of the EU and the current influence of the European Commission on everyday life of citizens of the EU which is performed by ensuring priority of needs of consumers.

Therefore in case of development and adoption of legal acts it is necessary to consider the following international documents concerning consumer protection, such as Guidelines of the UN for consumer protection, the Charter of basic rights of the European Union, the directive of the EU on urgent problems of consumer protection.

Purpose and terms of implementation of this concept

Having signed the Agreement on association between Ukraine, on the one hand, and the European Union, European Atomic Energy Community and their states - members, on the other hand, ratified by the Verkhovna Rada of Ukraine in September, 2014 (further - the Agreement on association), Ukraine undertook obligations to provide the high level of consumer protection and to reach compatibility between systems of consumer protection of Ukraine and the EU.

The purpose of this Concept is creation and implementation of effective system of consumer protection in Ukraine on the basis of the EU taking into account the best the practician of EU countries.

The main objectives of this Concept are:

harmonization of system of consumer protection in Ukraine with the principles, approaches and practicians of the EU;

adaptation in full the national legal system concerning consumer protection to the legislation of the EU according to the obligations of Ukraine provided by the Agreement on association;

providing the constitutional security guarantees and quality of consumption, including by prevention of decrease in the reached level of consumer protection;

creation of conditions for implementation and development of consumer formation of all levels, increase in level of consumer literacy;

ensuring implementation of transparent and effective mechanisms of interaction of state bodies, local government bodies, public associations of consumers, representatives of business in the field of implementation of consumer protection;

enhancement of information for consumers on goods and services in the consumer market which shall be available, objective, reliable and timely, including information provided with use of the Internet for the warning of potential risks and danger of consumption;

ensuring transparency of feedback between consumers and all executive bodies according to addresses and claims of consumers, compensation of the harm done to consumers in case of violation of their rights;

creation of conditions for effective pre-judicial (alternative) settlement of consumer disputes;

ensuring participation of consumers in processes of forming and realization of state policy in the field of consumer protection, reforming of system of consumer protection, standardization, information and analytical providing and monitoring of activities of state bodies, local government bodies and public associations in the field of consumer protection;

assistance to development of system of independent researches of the quality level and safety of goods, works and services in the consumer market;

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