The Ombudsman for the protection of consumer rights will appear in Kazakhstan

The Committee for Consumer Rights Protection has developed the concept of the draft law "On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on consumer rights protection", which provides for several innovations.

In particular, the draft law provides for the institutional strengthening of the consumer protection system through the activities of a single organization for the protection of consumer rights and the introduction of the institution of an ombudsman for the protection of consumer rights.

In this connection, it is proposed to introduce appropriate amendments and additions to the law "On Consumer Rights Protection".

Thus, it is planned to create a Single association for the protection of consumer rights.

Therefore, it is proposed to lay the legislative basis for the functioning of such an organization in the form of an Association of Legal Entities (consumer associations) in the organizational and legal form of a non-profit organization based on the principles of membership, by analogy with the National Chamber of Entrepreneurs, but at the same time blindly not copying its structure and principle of activity.

The goals and objectives of the unified organization for the protection of consumer rights will be:

* assistance in the promotion and protection of consumer rights through interaction with the state and consumer associations in the development, adoption, and implementation of state policy in the field of consumer protection;

* promotion and clarification of consumer rights, as well as participation in the creation and operation of information exchange systems in the field of consumer protection.

Principles of operation of a single organization:

* independence from the state and business in carrying out its activities, even taking into account the mandatory state financing of its activities;

* legality of activity and competence in matters of promotion and protection of consumer rights;

* the non-commercial nature of the activity, including the lack of a profit-making goal;

* the obligation of its participation in the development and implementation of state policy in the field of consumer protection, coordination of regulatory legal acts concerning the interests of consumers;

* if possible, representation in all regions of the country, ensuring membership in a single organization of a wide range of consumer associations and expressing the opinions of the largest possible range of consumer groups;

* transparency and publicity of the activities of a single organization and its use of financial resources.

According to the introduction of the institution of the Ombudsman for consumer protection, it is said that the institution of the Ombudsman has already become an integral part of the modern model of effective public administration, the creation of which becomes a collective process that takes into account the interests of all parties.

It is planned that the institution of the Ombudsman will deal with issues related to the protection of the rights and legitimate interests of consumers.

It is proposed to select or appoint an ombudsman for consumer protection from among experienced and reputable public activists in this field. It seems that the appointment of an ombudsman should be within the competence of the Government of the Republic of Kazakhstan, - the developers of the document note.

The task of the Ombudsman will be to protect consumers not only from violations of rights, abuses by retail trade entities and the provision of services, but also from inaction, systemic errors and unfair decisions when considering consumer appeals from state bodies.

The activities of the Ombudsman will help to improve public administration and make the State power more transparent and accountable. The institution of the Ombudsman may also have a narrow specialization, not covering the entire sphere of consumer protection, the committee believes.

The main functions of the Ombudsman will be:

1. reception and consideration of complaints from consumers if the issues reflected in them have not been resolved by state bodies and consumer associations;
2. monitoring the general situation with consumer rights in the country and informing the society and the state about it;
3. request from state bodies and business entities for the information necessary for the consideration of consumer complaints;
4. making proposals to the relevant state bodies on improving the legislation affecting the rights of consumers;
5. providing the population with relevant reports on the results of their activities;
6. making recommendations on consumer protection issues within its competence;
7. identification and analysis of existing systemic problems that need appropriate solutions to prevent their recurrence;
8. participation in the settlement of disputable (conflict) situations between consumers and businesses, offering the parties mutually satisfying legal ways to resolve problems;
9. representing the interests of consumers at all sites and taking measures to protect their violated rights.

You can view the concept in full on the Open NPAs website, where it is posted for public discussion until July 15.

A source: https://www.zakon.kz/5074345-ombudsmen-po-zashchite-prav.html