To date, the Majilis is considering a new bill on consumer protection. There are many innovations in this bill. But the main thing to note is that the consumer can immediately file a lawsuit if his rights are violated, for example, when buying a defective car or if household appliances are damaged as a result of voltage surges in the power grid. This is important because it keeps sellers in order.
Recall that now the consumer cannot immediately go to court. According to the current legislation, the consumer first tries to resolve the dispute before the court. Today in Kazakhstan there is a four-step algorithm for consideration of consumer complaints.
The new draft law on consumer protection, developed by the Ministry of trade and integration of the Republic of Kazakhstan, changes this four-step algorithm. Paragraph 1 of Article 49 of this draft law gives the consumer the right to choose measures to protect their violated rights and legitimate interests. In particular, it is at its discretion :
- to the seller (manufacturer, performer) ,
- Public Associations of Consumers, Associations (Unions),
- to the Ombudsman,
- to the authorized body, state bodies,
- to the subject of out-of-court settlement of a consumer dispute (in the presence of the consent of the seller (manufacturer, performer)),
- has the right to go to court.
At the same time, with the draft law, the consumer can apply to the authorized body within one month (no later) after the relevant claim is filed with the seller (paragraph 1 of Article 51 of the draft law).
It should be noted that during the discussion of the draft law, other information will be found in the Working Group of the Mazhilis. But the crucial moment, let's repeat it again, is the consumer's ability to go directly to court. However, it must be taken into account that this is a right, but not an obligation, of the consumer. He can first exercise the right to pre-trial settlement, and only then, if it does not help, file a claim in court.
It should be noted that during the discussion of the draft law in the Working Group of Majilis, other details are being disclosed. But the changing moment is increasing-it is an opportunity for the borrower to get involved in the water. It should be noted that this is the right choice, no obligation. He can come up with the right treatment, only with a pot, if he does not want to go to the water.
In this way, the state encourages the consumer not to immediately go to court, but to resort to a two-step algorithm. At the same time, in Article 54 of the draft law, the legislator establishes additional liability of sellers in this case. In particular, the amount of the fine depends on the amount collected and is from half of the claim amount to 20 MCI and up to 10 percent for filing a claim above 90 MCI.