
The Minister of trade and integration Bakhyt Sultanov at the plenary session of the Majilis presented a draft law of the Republic of Kazakhstan "On amendments and additions to some legislative acts on issues of protection of consumer rights".
The draft law is developed by the Ministry of trade and integration of the Republic of Kazakhstan represented by the Committee for consumer protection.
According to the Minister, the draft law is based on a mixed model of consumer protection of the Organization for economic cooperation and development (OECD). Its essence is the implementation of "smart" administration by the state, where institutions of pre-trial regulation are engaged in restoring violated rights.
Presenting the bill, B. Sultanov focused on the main problems of consumer protection. This is the lack of a coherent and effective system for consumer protection, a lack of understanding by unscrupulous entrepreneurs of their responsibility to consumers, and a lack of a simple and clear algorithm for consumer protection.
In this regard, the developers of the bill suggest:
The first is the introduction of a three-stage complaints system.
Level I - consideration of the complaint by the seller independently or through pre-trial dispute resolution institutions.
The main purpose of creating this institution is to restore violated rights, compensation for moral and material damage to the consumer.
At the same time, as part of the pre-trial settlement of the dispute, the priority of the initiative remains with the consumer.
Level II-sending a complaint to the authorized body.
According to the results of a sociological study, 64% of the population do not defend their rights due to the impunity of unscrupulous entrepreneurs. In this regard, the authorized body is assigned the function of state control with the application of administrative measures against unscrupulous sellers who refused to independently eliminate violations.
At the same time, before applying sanctions, the authorized body will once again offer the seller to eliminate violations on a voluntary basis.
Level III-filing a complaint to the court. At the same time, compliance with the FIRST two levels will reduce the burden on the judiciary.
Thus, the main stream of complaints will be considered in a pre-trial procedure, providing for the restoration of violated rights, compensation for damages and compensation for moral damage.
The second is the creation of a Unified information system for receiving complaints in the field of consumer protection on the principle of "one window".
The concentration of all "consumer advocates" in the EIS will make it possible to simplify and reduce the cost of procedures for preparing complaints, monitoring the quality of their consideration, generating objective statistics and implementing an analytical reporting system.
The results of the analysis of complaints will be reviewed by the Interdepartmental Council for consumer protection, which will allow you to immediately change the problem NPA, and ensure proper control over the effectiveness of decisions taken by state agencies.
Third , support for non-governmental organizations in the field of consumer protection.
In particular, the subject of the state social order has been expanded. It will be provided to public organizations to provide representative services to socially vulnerable segments of the population, who will be able to receive free legal protection.
In addition, public associations of consumers will be able to exercise public control.
Press service of the consumer protection Committee of the Ministry of trade and integration of the Republic of Kazakhstan