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• 吉尔吉斯斯坦共和国消费者权益保护法（英）

  The Law of the KR “On protection of consumer rights”  THE LAW OF THE KYRGYZ REPUBLIC Bishkek, as of December 10, 1997, No. 90 On protection of consumer rights (As amended by the Laws of the KR as of March 20, 2002 No. 42, February 17,  2003 No. 37, July 18, 2008 N 158, December 8, 2009 No. 307, February 13,  2013 N 15, July 30, 2013 N 178, August 3 2013 N 185, January 21, 2015 N 22,  January 31, 2015 N 29, February 21, 2015 N 38, July 2, 2015 N 142, July 24,  2015 N 188) See the Resolution of the Plenum of the Supreme Court of the Kyrgyz Republic as of December 24,  1993 N 11-04 on judicial practice for consumer rights protection This Law regulates relations that arise between consumers and manufacturers, performers, sellers upon sale of goods (performance of work, rendering services), establishes the rights of consumers to purchase goods (works, services) of proper quality and safe for life and health of consumers, obtain information about goods (works, services) and their manufacturers (performers, sellers), education, state and public protection of their interests, and also determines the mechanism for realization of these rights.  The Law protects society from creation and development of monopolies in trade, and also encourages and supports competition under the conditions that prohibit illegal and discriminatory practices, which result in fair and honest competition coming to naught and face hurdle.  (Paragraphs 3-14 are repealed in accordance with the Law of the Kyrgyz Republic as of February 21, 2015 No. 38) (As amended by the Laws of the KR as of March 20, 2002 No. 42, February 21, 2015 No. 38) Chapter I General provisions (The title of the chapter in the version of the Law of the KR of March 20, 2002 No. 42) Article 1. Legal regulation of relations in the field of consumer rights protection 1. The relations in the field of consumer rights protection are regulated by the Civil Code of the Kyrgyz Republic, this Law and other laws and regulations of the Kyrgyz Republic adopted in accordance therewith.  2. The Government of the Kyrgyz Republic shall not have the right to instruct ministries and departments to adopt acts containing provisions on consumer rights protection.  Article 1-1. Main definitions The following main definitions are used in this Law: consumer- a citizen who intends to order or acquire or ordering, acquiring or using goods (works,  services) exclusively for personal (household) needs, not related to making profit; manufacturer - the organization, regardless of ownership form, as well as the individual entrepreneur who produce goods for sale to consumers; performer - an organization, regardless of ownership form, as well as an individual entrepreneur who performs works or provides services to consumer based on a reimbursable contract; seller - the organization, regardless of ownership form, as well as the individual entrepreneur who sells goods to consumers under a contract of sale, as well as any person who performs work, restores or improves any personal property belonging to another person; стр. 1 из 25The Law of the KR “On protection of consumer rights”  certificate of conformity - a document certifying that the product or design processes (including surveys), production, construction, installation, commissioning, storage, transportation, sale, operation,  disposal, work and service comply with the established requirements of technical regulations, provisions of standards, codes of practice or conditions of the contract; standard- a document developed on the basis of consensus, in which the rules, general principles,  characteristics of products or design processes (including surveys), production, construction, installation,  commissioning, storage, transportation, sale, operation, utilization, performance are established for voluntary repeated use, works, services. The standard may also contain requirements for terminology,  symbolism, packaging, marking and / or labeling; defect in goods (work, services) or goods of inadequate quality - non-compliance of the goods (works, services) with the standard, contract provisions or usually required quality requirements for the goods (works, services); substantial defect in goods (works, services) - is a defect that makes it impossible or unacceptable to use the goods (works, services) in accordance with their intended purpose, or it cannot be corrected, or manifests itself again after correction, or to correct which the heavy expenses are required, or due to which the consumer is largely deprived of what he was entitled to expect when concluding the contract; safety of goods (work, services) - safety of goods (work, services) for life, health, property of the consumer and the environment under normal conditions of its use, storage, transportation and disposal,  as well as safety of the process of performing works (providing services); subject of trade includes, but not limited to, any goods, products, services or release of trade services; purchase and sale agreement - an agreement between the seller (the performer) and the consumer on quality of goods, time, price and other conditions of sale and purchase, performance of works, provision of services; state administrative body exercising state supervision - a state body authorized by the Government of the Kyrgyz Republic to oversee compliance with the requirements of technical regulations and other regulatory legal acts.  (As amended by the Law of the Kyrgyz Republic of February 21, 2015 No. 38) Article 2. International treaties of the Kyrgyz Republic If the international treaty ratified by the Parliament of the Kyrgyz Republic establishes other rules on protection of consumer rights than those provided for by this Law, the rules of the international treaty shall apply.  Article 3. 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 ensured by including relevant requirements in state educational standards, general education and professional programs, and also by organizing a consumer information system about their rights and necessary actions to protect these rights.  Article 4. Quality and quantity of goods (works, services) 1. The seller (performer) is obliged to transfer the goods to the consumer (to perform the works, to render the services), the quality and quantity of which comply with the contract.  2. In the absence of conditions on quality of goods (works, services) in the contract, the seller (performer) is obliged to transfer to the consumer the goods (perform works, render services) suitable for the purposes for which the goods (works, services) of this kind are usually used.  3. If the seller (performer) upon conclusion of the contract was informed by the consumer of specific goals for the acquisition of goods (performance of works, provision of services), the seller (performer) is obliged to transfer to the consumer the goods (to perform works, to render services) suitable for use in accordance with these purposes.  стр. 2 из 25The Law of the KR “On protection of consumer rights”  4. When selling goods based on the model and (or) description, the seller is obliged to transfer the goods that correspond to the sample and (or) description to the consumer.  5. If the standard provides for quality requirements for goods (works, services), the seller (performer) is obliged to transfer the goods to the consumer (perform works, provide services) that meets these requirements.  6. The consumer pays for actually received quantity of goods (works, services) in cash and / or by electronic funds transfer. In cases provided for by the legislation of the Kyrgyz Republic or by agreement of the parties, payment for goods, works and services can be made by advance payment.  The accounting of the goods (works, services) actually received by the consumer is carried out,  provided by the seller (manufacturer, performer) according to the indications of weights, instruments,  devices, meters and other measuring devices of the approved type that have been verified in accordance with the legislation in the field of uniformity of measurements.  The above and other measuring devices of individual accounting of quantity of goods (works,  services) received by the consumer are the property of the seller (manufacturer, performer) and are maintained by him. If the seller (manufacturer, performer) has transferred to the consumer a smaller quantity of goods (works, services) than it was stipulated by the contract, then the seller (manufacturer, performer) is obliged, unless otherwise provided by the contract, to compensate in full for losses incurred by the consumer.  (As amended by the Laws of the KR as of March 20, 2002 No. 42, February 13, 2013 No. 15,  January 31, 2015 No. 29, February 21, 2015 No. 38) Article 5. Rights and obligations of the manufacturer (performer, seller) in the field of establishing the service life, the expiry date of goods (works), as well as the warranty period for the goods (works) 1. For goods (works) intended for long-term use the manufacturer (performer) shall have the right to determine the service life - the period during which the manufacturer (performer) undertakes to provide the consumer with an opportunity to use the goods (works) for the intended purpose and to bear responsibility for significant deficiencies arising by his fault.  2. The manufacturer (performer) is obliged to establish a service life for durable goods (works), including component parts (parts, assemblies, units) that after a certain period may pose danger to life,  health of the consumer, damage his property or the environment. The list of such goods (works) shall be established by the Government of the Kyrgyz Republic.  See the List of durable goods, including components (parts of assemblies, units) that, after a certain period, may pose a threat to life, health of the consumer, cause damage to his property or the environment and for which the manufacturer is obliged to establish a service life (approved by the Resolution of the Government of the Kyrgyz Republic as of October 12, 1998 No. 667) 3. The service life of goods (works) can be calculated in units of time, as well as in other units of measurement (kilometers, meters and other units) based on the functional purpose of the product (result of works).  4. The manufacturer (performer) is obliged to determine the expiry date for food products,  perfumes and cosmetics, medicines, household chemical goods and other similar goods (works), the period after which the goods (works) are considered unfit for their intended use and are not subject to sale to consumers. The Government of the Kyrgyz Republic shall approve the list of such goods (works).  See the list of goods that after the expiry date are considered unsuitable for use as intended and are not subject to sale to consumers (approved by the Resolution of the Government of the Kyrgyz Republic as of October 12, 1998, No. 667) 5. The sale of goods (performance of works) after expiry of the established shelf life, as well as the goods (performance of works) for which service life or expiration date must be established, but it is not established, shall be prohibited.  стр. 3 из 25The Law of the KR “On protection of consumer rights”  6. The manufacturer (performer) is obliged to fix the warranty period for the goods (works) - the period during which in case of detection of defect in the goods (works) the manufacturer (performer, seller) is obliged to satisfy the demands of the consumer specified in Articles 17 and 38 of this Law.  7. In case of detection of a defect in goods during the additional warranty period established by the seller, the seller must satisfy the demands of the consumer provided by Articles 17 and 38 of this Law.  (As amended by the Laws of the KR as of March 20, 2002 No. 42, February 21, 2015 No. 38) Article 6. The right of consumer to safety goods (works, services) 1. The consumer shall have the right to be sure that the goods (works, services) under normal conditions of use, storage, transportation and disposal are safe for life, health of the consumer, the environment, and also do not cause damage to the property of the consumer. Requirements that must ensure safety of goods (works, services) for life and health of the consumer, the environment, as well as prevention of harm to the property of the consumer, shall be mandatory and established in the manner prescribed by law.  2. The manufacturer (performer) is obliged to ensure safety of goods (works, services) during the established service life or before expiry date of the goods (works).  Any harm caused to life, health or property of the consumer by failure to ensure safety of goods (works) shall be subject to reimbursement in accordance with Article 13 of this Law.  3. If special rules (hereinafter referred to as rules) must be observed for safe use of the product (work, service), its storage, transportation and disposal, the manufacturer (performer) must describe these rules in the accompanying documentation for the goods (works, services), on the label, marking or otherwise, and the seller (performer) is obliged to bring these rules to the attention of the consumer.  4. The goods (works, services) for which technical regulations establish requirements that ensure safety of life, health of consumer, environmental protection and prevention of harm to the property of the consumer, as well as the means ensuring safety of life and health of the consumer, shall be subject to mandatory confirmation of conformity in accordance with established procedure. The Government of the Kyrgyz Republic shall approve the lists of goods (works, services) subject to mandatory certification.  See the Resolution of the Government of the KR as of December 28, 2000 No. 760 “On the list of products subject to mandatory certification for safety Indicators”  5. If it is established that upon observation by the consumer of all rules established for use, storage or transportation of product (work), it causes or may cause damage to life, health and property of the consumer or the environment, then the manufacturer (performer, seller) must immediately suspend its production (sale) until causes of damage are eliminated, and, if necessary, take measures to withdraw it from circulation and recall from the consumer (consumers). If the causes of harm cannot be eliminated, the manufacturer (performer) must remove such goods (works, services) from production. If the manufacturer (performer) fails to fulfill this obligation, the removal of goods (works, services) from production, withdrawal from circulation and recalling from consumers shall be carried out at the request of the government body (its territorial body) that exercises state supervision over safety of goods (works, services).  The manufacturer (performer) shall compensate losses in full caused to the consumer in connection with recall of goods (works, services).  6. If it is established that the seller (performer) sells the goods (performs works), which pose danger to life, health and property of consumers, such goods (works) shall be withdrawn from the seller (performer) in the manner prescribed by law.  (As amended by the Laws of the KR as of March 20, 2002 No. 42, February 21, 2015 No. 38) Article 7. The right of consumer to information about the manufacturer (performer, seller) and on goods (works, services) 1. The consumer shall have the right to demand provision of necessary and reliable information about the manufacturer (performer, seller), the mode of its operation and the goods (works, services) sold.  2. The information specified in paragraph 1 of this article shall be brought to consumers in a clear and accessible form, when concluding purchase and sale contracts and contracts for performance of стр. 4 из 25The Law of the KR “On protection of consumer rights”  works (provision of services) in ways common in certain areas of consumer service in the state and official languages using the words of ordinary and everyday knowledge, the font of acceptable size or ink clearly visible on paper.  (As amended by the Law of the KR as of December 8, 2009 No. 307) Article 8. Information on the manufacturer (performer, seller) 1. The manufacturer (performer, seller) is obliged to bring to the attention of the consumer the firm name (name) of its organization, its location (legal address) and the mode of its operation. The seller (performer) places the indicated information on the signboard.  The manufacturer (performer, seller) - an individual entrepreneur must provide the consumer with information about the state registration and the name of the body that registered him.  2. If the type (s) of activity carried out by the manufacturer (performer, seller) is subject to licensing, the information on the license number, the term of its validity, as well as at the request of the consumer the information about the authority that issued the license shall be provided to the consumer.  3. The information provided for in paragraphs 1 and 2 of this article shall be communicated to the consumers also when carrying out trade, domestic and other types of consumer services in temporary premises, at the fairs, from stands and in other cases, if the trade, domestic and other types of servicing of the customers are carried out outside the permanent location of the seller (performer).  Article 9. Information on goods (works, services) 1. The manufacturer (performer, seller) must timely provide the necessary and reliable information about goods (works, services) to the consumer assuring the possibility for their correct choice. For certain types of goods (works, services) the list and methods of bringing information to the consumer are established by the Government of the Kyrgyz Republic. Information on goods (works, services) shall be provided in state and official languages of the Kyrgyz Republic, and as appropriate, in foreign languages.  2. Information on goods (works, services) in all cases must contain: indication of standards, to which mandatory requirements the goods (works, services) must comply; information on the main consumer properties of goods (works, services), and with respect to foodstuffs - information on the composition (including a list of other food products and food additives used during their manufacturing), information (labeling) on presence of components in food products obtained with the use of genetically engineered modified organisms, weight and volume, caloric value of food, the content of harmful substances in them in comparison with mandatory standards, and counter indications for consumption with certain types of diseases. The list of goods (works, services), the information about which must contain counter indications for consumption with certain types of diseases, shall be approved by the Government of the Kyrgyz Republic; price, commission charges and tariffs in national currency and (or) in percentage points, as well as the conditions for acquisition of goods (works, services); warranty period, if it is established in accordance with this Law; rules and conditions for effective and safe use of goods (works, services); the period of service or the shelf-life expiry date for goods (works) which is established in accordance with this Law, as well as information about the necessary actions of the consumer after the expiration of the specified periods and possible consequences resulting from their non-fulfillment, if the goods (works) after the expiration of the indicated periods pose danger to life, health and property of the consumer or become unsuitable for intended use; location (legal address) of the manufacturer (performer, seller) and the location of the organization (s) authorized by the manufacturer (seller) to accept claims from consumers and repair and maintain the goods (work); information on certification of goods (works, services) subject to mandatory certification; information on the rules for sale of goods (works, services).  стр. 5 из 25The Law of the KR “On protection of consumer rights” If the goods purchased by the consumer were in use or the defect (defects) was corrected in it, the consumer should be provided with information about this.  3. The information provided for in paragraph 2 of this article shall be brought to consumers in technical documentation attached to the goods (works, services), on labels, by labeling or otherwise adopted for certain types of goods (works, services). Information on confirmation of conformity of goods (works, services) is presented in the form of marking in accordance with established procedure and the information on certification or declaration (certificate number or declaration of conformity) should be indicated. If the technical documentation (technical passport, operational manual and etc.) for goods are made in a foreign language, then it is required to present its translation into state and official languages.  Food products packaged or prepacked on the territory of the Kyrgyz Republic must be provided with the information on place of their production and about the manufacturer.  (As amended by the Laws of the KR as of March 20, 2002 No. 42, July 18, 2008 No. 158,  December 8, 2009 No. 307, January 21, 2015 No. 22, February 21, 2015 No. 38) Article 10. Working hours of the seller (performer) 1. Working hours of state, municipal trade organizations, household and other types of consumer services shall be established by the decision of the relevant local governments.  2. Working hours of organizations engaged in activities in the areas of trade, domestic and other types of consumer services and not specified in paragraph 1 of this article, as well as of individual entrepreneurs is established by them independently.  3. Working hours of the seller (performer) is to be brought to the attention of consumers and must comply with the established hours.  Article 11. Responsibility of the manufacturer (performer, seller) for inadequate information about the goods (works, services), about the manufacturer (performer, seller) 1. The manufacturer (performer, seller) shall be liable in accordance with effective legislation of the Kyrgyz Republic for provision of false information about the goods, certification, price, sponsorship.  2. If provision of improper, i.e. unreliable or insufficiently complete information about the goods (works, services), as well as about the manufacturer (performer, seller) entailed: purchase of goods (work, services) that do not possess the required properties, then the consumer shall have the right to terminate the contract and demand a full refund of the amount paid for the goods and compensation for the losses incurred. At the same time, the consumer is obliged to return the goods (work performed) to the manufacturer (performer, seller); upon impossibility to use the acquired goods (works, services) for the intended purpose, then the consumer has the right to demand to provide him with the information as soon as reasonably possible. If the information is not provided within the agreed time, the consumer has the right to terminate the contract and demand a full refund of the amount paid for the goods and compensation for the losses incurred. At the same time, the consumer is obliged to return the goods (work performed) to the manufacturer (performer, seller); appearance of defects in the goods (works) after transferring it to the consumer, then he has the right to lodge demand to the seller (manufacturer) provided for in paragraphs 1 to 4 of Article 17 of this Law or to lodge demands to the contractor provided for in paragraph 1 of Article 18 of this Law; causing damage to life, health and property of the consumer, then he is entitled to demand compensation from the manufacturer (performer, seller) in accordance with the procedure provided for by Article 13 of this Law, and also to demand full compensation for damages caused to natural objects owned by the consumer.  3. When considering the consumer claims for damages caused by inaccurate or insufficient information about the product (work, service), it is necessary to proceed from the assumption that the consumer does not have any special knowledge of the properties and characteristics of the product (work,  service).  (As amended by the Law of the KR as of March 20, 2002 No. 42) стр. 6 из 25The Law of the KR “On protection of consumer rights”  Article 12. Responsibility of the seller (manufacturer, performer) for violation of consumer rights 1. The seller (manufacturer, performer) shall be liable under the law or the contract for the violation of consumer rights.  2. Losses caused to the consumer shall be compensated in full amount in excess of the fine established by this Law or the contract.  3. Payment of penalties (fine) and compensation of damages do not release the seller (manufacturer, performer) from fulfilling the obligations before the consumer, imposed on the seller.  4. The seller (manufacturer, performer) shall be released from responsibility for non-fulfillment of obligations or for improper performance of obligations if he proves that failure to fulfill the obligations or their improper performance occurred due to force majeure, as well as on other grounds stipulated by this Law.  (As amended by the Law of the KR as of March 20, 2002 No. 42) Article 13. Property liability for damage caused by defects in the goods (works, services) 1. The harm caused to life, health or property of the consumer because of constructive, production,  prescription or other defects in the goods (works, services) shall be subject to compensation in full.  2. The right to claim compensation for damage caused by defects in the goods (works, services) shall be recognized for any victim, regardless of whether he was in contractual relations with the seller (performer) or not.  3. The harm caused to life, health or property of the consumer shall be subject to compensation if it is caused during the established service life or the shelf life of the goods (works). If the manufacturer (performer) must establish the service life or the shelf life for goods (works) in accordance with this Law, but they were not established or if the consumer, to whom the goods were sold (the work was performed), was not informed about the required actions after service life or shelf life expiration, and about possible consequences of non-fulfillment of the said actions, then the harm shall be subject to compensation irrespective of the time of its causation. If, in accordance with paragraph 1 of article 5 of this Law, the manufacturer (performer) has not established the service life for the goods (works), the damage shall be compensated in case of its causation within ten years from the date of transfer of the goods (works) to the consumer, and if it is impossible to establish the transfer date, - from the date of goods manufacturing (completion of the works). The damage caused by defects in the goods shall be subject to compensation by the seller or the manufacturer of the goods at the discretion of the victim.  The damage caused by defects in works or services shall be subject to compensation by the performer.  4. The manufacturer (performer) shall be responsible for harm caused to life, health or property of the consumer in connection with the use of materials, equipment, tools and other means necessary for production of goods (works, services), whether the level of scientific and technical knowledge allowed to reveal their special properties or not.  5. The manufacturer (performer, seller) shall be released from liability if they prove that the damage was caused due to force majeure or violation of established rules for use, storage or transportation of goods (works, services) by the consumer.  Article 14. Compensation for moral damage Moral damage caused to a consumer as a result of violation of consumer rights stipulated by the laws and regulations of the Kyrgyz Republic regulating relations in the field of consumer protection by the manufacturer (performer, seller) or an organization that fulfills the functions of the manufacturer (seller) based on agreement with him, shall be compensated by the wrongdoer in the presence of his guilt. The amount of compensation for moral damage shall be determined by court.  Compensation for moral damage is carried out irrespective of compensation for property damage and losses incurred by the consumer.  стр. 7 из 25The Law of the KR “On protection of consumer rights”  See the Resolution of the Plenum of the Supreme Court of the Kyrgyz Republic as of November 4,  2004 No. 11 “On some issues of judicial practice of applying legislation on compensation for moral damage”  Article 15. Invalidity of contract terms that prejudice consumer rights 1. The terms of the contract that infringe upon the rights of the consumer and are contrary to the regulatory legal acts of the Kyrgyz Republic in the field of consumer protection shall be recognized invalid. If as a result of contract performance that prejudice consumer rights the consumer incurred losses, they shall be subject to compensation by the manufacturer (performer, seller) in full.  2. It shall be prohibited to precondition the acquisition of certain goods (works, services) by mandatory acquisition of other goods (works, services). The losses caused to a consumer because of violation of his right to free choice of goods (works, services) shall be reimbursed by the seller (performer) in full.  3. The seller (performer) shall not be entitled to provide additional paid services without prior consent of the consumer. The consumer has the right to demand from the seller (performer) to return the amounts paid for provision of additional services without his consent.  (As amended by the Law of the KR as of August 3, 2013 N 185) Article 16. Judicial, administrative and public protection of consumer rights 1. Consumer rights protection shall be carried out by court.  2. The claims for protection of consumer rights shall be filed in court in accordance with the rules established by Article 28 of the Civil Procedure Code of the Kyrgyz Republic.  3. The state antimonopoly authority, state administration bodies that control quality and safety of goods (works, services), local governments, public associations (unions) of consumers exercise pre-trial protection within their powers, and have the right to take legal action in defense of consumer interests.  4. The consumers in relation to claims on violation of their rights, as well as the state antimonopoly body, government bodies that control quality and safety of goods (works, services), local governments,  public associations (unions) of consumers in relation to claims instituted in consumer interests (a group of consumers, consumers at large) shall be exempt from payment of official fee.  5. When the court in accordance with this Law satisfies the claim of consumer (groups of consumers, consumers at large), public associations (unions) of consumers, local governments, state bodies, the court shall be entitled to make the decision to recover from the seller (manufacturer,  performer) violating the rights of the consumer a fine to the republican budget the amount sued for non-  observance of the voluntary procedure of satisfaction of consumer demands. If public associations (unions) of consumers or local governments file a lawsuit in court in defense of consumer rights (groups of consumers, consumers at large), then fifty percent of the collected amount shall be transferred to the specified associations (unions) or to local governments.  6. When local governments (commissions) consider the facts of consumer rights violations and impose administrative fines on perpetrators, then 30 percent of fines imposed based on evidence presented by public associations (unions) of consumers shall be transferred to the budgets of these public associations (unions).  (As amended by the Law of the Kyrgyz Republic as of January 31, 2015 No. 29) Chapter II Protection of consumer rights in the sale of goods to consumers Article 17. Consequences of sale of goods of inadequate quality 1. The consumer who purchased goods of inadequate quality, if the seller has not informed about it,  shall be entitled at his choice to claim: correction of defects in the goods for free or compensation of expenses for their стр. 8 из 25The Law of the KR “On protection of consumer rights”  correction by the consumer or by the third party; commensurable reduction of purchase price; substitution for the same goods of a similar brand (model, article); substitution for goods of another brand (model, article) with corresponding recalculation of purchase price; termination of purchase and sale contract and claim recovery of the amount paid for the goods,  having returned the goods of inadequate quality to the seller. In this case, the consumer shall also have the right to demand full compensation for losses caused to him by sale of goods of inadequate quality. The losses shall be reimbursed within the time limits established by this Law to satisfy the relevant claims of the consumer.  With respect to technically complex products, the consumer claims specified in paragraphs four to six of this article shall be satisfied in case of detection of substantial defects in the goods. The Government of the Kyrgyz Republic shall approve the list of such goods.  See the List of technically complex products, in respect of which the claim of the consumer to substitute them are to be satisfied in case of detection of substantial defects in the goods (approved by the Government of the Kyrgyz Republic as of October 12, 1998 N 667) With respect to goods purchased by the seller under a commission agreement for subsequent sale to consumers, the consumer claims specified in paragraphs two and four of this clause shall be subject to satisfaction with the seller’s consent.  2. The claims specified in paragraph 1 of this article shall be lodged by the consumer to the seller or an organization performing the functions of the seller based on agreement.  3. The consumer has the right to lodge claims specified in items 2 and 4 of paragraph 1 of this article to the manufacturer or an organization that fulfills the functions of the manufacturer based on agreement with him. Instead of lodging claims the consumer has the right to return goods of inadequate quality to the manufacturer and claim to return the amount paid for it.  4. If the consumer purchases goods of inadequate quality for which the expiration date is established, the seller is obliged to substitute this product with a good quality product or return the amount paid to the consumer if the defects are found in the product before the expiration date.  5. The claims of the consumer shall be considered when the consumer presents a sales check or sales receipt or a document confirming payment for goods in non-cash form, and with respect to goods for which warranty period is specified, a technical specification or another document substituting it.  The seller must give the consumer a receipt or another document certifying the fact of purchase.  The seller (manufacturer) or the organization that performs the functions of the seller (manufacturer) based on contract with him, must accept the goods of inadequate quality from the consumer, and, if necessary, conduct a quality check of the goods. The consumer has the right to participate in inspection of goods quality. In the event of a dispute over the causes of defects occurrence in the goods, the seller (manufacturer) or the organization that performs the functions of the seller (manufacturer) based on contract with him must conduct expert examination of the goods at their own expense. Expert examination of goods (works, services) shall be carried out within ten working days, and for technically complex goods (works, services) - within one month from the date of receipt of the case for examination.  The consumer has the right to be present during the examination of the goods, to challenge the opinion of such an examination through legal proceedings. If, as a result of expert examination of the goods it is found that the defects emerged after the transfer of the goods to the consumer as a result of a violation of the established rules for operation,  storage or transportation of the goods, actions of third parties or force majeure, the consumer must compensate the seller (manufacturer) or the organization performing the functions of the seller (manufacturer) based on contract with him, the costs of expert examination, as well as the costs associated with storage and transportation of the goods.  стр. 9 из 25The Law of the KR “On protection of consumer rights”  The seller (manufacturer) or the organization performing the functions of the seller (manufacturer) based on contract with him, is obliged to satisfy the claims of the consumer if they fail to prove that the defects in the goods emerged after its transfer to the consumer as a result of violation by him of the established rules for operation, storage or transportation of goods, third parties or force majeure.  6. The delivery of large-sized goods and goods weighing more than five kilograms for repairs, price mark-down, substitution and returning them to the consumer shall be made by means and at the expense of the seller (manufacturer) or the organization performing the functions of the seller (manufacturer) based on contract with him. In the event of non-fulfillment of this obligation, as well as in the absence of the seller (manufacturer) or the organization performing the functions of the seller (manufacturer) at the location of the seller the consumer may carry out the delivery and return of the specified goods on the basis of contract with him. At the same time, the seller (manufacturer) or the organization that performs the functions of the seller (manufacturer) based on contract with him, shall reimburse to the consumer the costs related to delivery and return of the said goods.  (As amended by the Laws of the KR as of March 20, 2002 No. 42, January 31, 2015 No. 29, July 24, 2015 No. 188) Article 18. Terms for lodging claims by consumer for defects in goods 1. The consumer shall have the right to lodge claim as set forth in Article 17 of this Law in respect of defects in the goods if they are found during the warranty period or before the expiration date established by the manufacturer in accordance with Article 5 of this Law.  With respect to goods for which warranty periods or expiration dates have not been established, the consumer shall have the right to lodge claims if the defects in the goods are discovered within six months from the date of their transfer to the consumer, while in respect of real property - within no more than two years from the date of its transfer to the consumer, if longer periods are not provided for by law or the contract.  2. Warranty period for goods, as well as its service life are calculated from the date of sale of the goods to the consumer. If the day of goods sale is impossible to establish, these terms are calculated from the manufacture date of the goods.  For seasonal goods (footwear, clothing and others), these terms are calculated from the moment of season beginning, the term of which is determined by the Government of the Kyrgyz Republic on the basis of climatic conditions at the location of the consumer.  When selling goods based on samples, by mail, or in cases where the moment of conclusion of purchase and sale contract and the moment of transfer of the goods to the consumer do not coincide, these terms are calculated from the day of goods delivery to the consumer, and if the goods require special installation (connection) or assembly, - from the day of its installation (connection) or assembly. If the day of delivery, installation (connection) or assembly of goods cannot be established, these terms are calculated from the date of conclusion of the contract of sale.  With respect to immovable property, the warranty period and the term of service are calculated from the moment of state registration of the contract of sale of real property.  Shelf life of the goods is determined by the period calculated from the date of goods manufacture,  during which it is suitable for use, or the date before which the goods are usable.  The shelf life of the goods must comply with the mandatory goods safety requirements established by technical regulations.  3. Warranty periods may be established for component parts and component elements of the main product. The warranty periods for component parts and component elements are calculated in the same manner as the warranty period for the main product.  Warranty period for component parts and elements of the main product cannot be less than the warranty period for the main product. If a warranty period for the component part is of longer duration than the warranty period established for the main product, the consumer shall have the right to lodge claims for defects in the goods, provided that the defects in the component part are found during the warranty period for this product, regardless of the expiration of the warranty period for the main product.  стр. 10 из 25The Law of the KR “On protection of consumer rights”  4. The terms specified in this article shall be communicated to the consumer in the information on the goods provided to the consumer in accordance with Article 9 of this Law.  5. In case of detection of substantial defects in the goods by fault of the manufacturer, the consumer shall have the right to lodge claim against the manufacturer requesting free correction of defects in the goods after the expiration of the terms specified in item 2 of paragraph 1 of this article. The said claims can be lodged within the established term of service of the goods or within ten years from the date of transfer of the goods if the service life of the goods is not established. If this claim is not satisfied within twenty days from the date of lodging such claim by the consumer, the consumer shall have the right at his choice to file other claims against the manufacturer specified in paragraph 3 of Article 17 of this Law.  (As amended by the Law of the Kyrgyz Republic as of February 21, 2015 No. 38) Article 19. Defect correction in the goods by the manufacturer (seller) 1. The defects found in the goods must be corrected by the manufacturer (seller) or the organization performing the functions of the manufacturer (seller) based on contract with him, within twenty days from the date of consumer demand to correct defects in the goods.  2. With respect to durable goods, the manufacturer (seller) or the organization that performs the functions of the manufacturer (seller) based on contract with him, are obliged to supply similar product without compensation to the consumer within seven days providing delivery at his own expense. The Government of the Kyrgyz Republic shall establish the list of durable goods for which this requirement shall not apply.  3. In case of defect correction in the goods the warranty period for it shall be extended for the period during which the goods were not used. The specified period is calculated from the date of consumer demand to remove the defects in the goods until the day of issuance of the product upon completion of repair.  4. In case of defect correction in the goods by replacement of component part or constituent part of the main product for which warranty periods are established, the warranty period for a new component product or a component part of the main product is calculated from the date of issue of this product to the consumer upon completion of repair.  Article 20. Replacement of goods of inadequate quality 1. If consumer detects defects in the goods and claims replacement of such goods, the seller (manufacturer) or the organization that performs functions of the seller (manufacturer) based on contract with him must replace this product within seven days from the date of consumer claim; if it is required to carry out additional quality control of such goods by the seller (manufacturer) or the organization performing the functions of the seller (manufacturer) based on contract with him - within twenty days from the date of submission of the above demand. In the absence with the seller (manufacturer) or the organization performing functions of the seller (manufacturer) based on contract with him of goods necessary for replacement as of the day of submission of the said demand, the seller (manufacturer) or the organization performing functions of the seller (manufacturer) shall replace such goods within a month from the date of submission of the above demand. At the request of the consumer, the seller (manufacturer) or the organization that performs functions of the seller (manufacturer) based on contract with him shall provide and deliver similar durable goods to the user for free for temporary use for a period of replacement. This rule shall not apply to the goods the list of which is established in accordance with paragraph 2 of Article 19 of this Law.  For the areas with seasonal transportation of goods, the consumer demand for replacement of the goods shall be subject to fulfilling at the demand of the consumer within the term required for next delivery of the relevant goods to these areas in the absence of necessary goods for replacement with the seller (manufacturer) or the organization performing functions of the seller (manufacturer) based on contract with him as of the day when customer demand is submitted.  2. The product of improper quality should be replaced by a new product, that is, a product in new condition.  стр. 11 из 25The Law of the KR “On protection of consumer rights”  When replacing the goods its warranty period shall be recalculated from the day when the goods are transferred to the consumer.  Article 21. Terms for fulfilling individual consumer demands Consumer demand regarding proportionate reduction in purchase price of the goods,  compensation for costs related to defect correction in the goods by the consumer or a third party, as well as compensation for losses caused to the consumer by termination of purchase and sale contract (return of goods of inadequate quality to the manufacturer) shall be subject to fulfilling by the seller (manufacturer) or organization, performing functions of the seller (manufacturer) based on contract with him within ten days from the date of the relevant demand.  Article 22. Responsibility of the seller (manufacturer) for the delay in fulfilling consumer demands 1. For violation of terms stipulated in Articles 19, 20 and 21 of this Law, as well as for failure to fulfill (delay of fulfillment) consumer demand to provide him with a similar product for the period of repair (replacement) of a similar product, the seller (manufacturer) or the organization performing functions of the seller (manufacturer) based on contract with him that committed such violations shall pay fine to the consumer for each day of delay in the amount of one percent of goods price.  The price of the goods shall be determined based on its price existing at place where the consumer demand had to be fulfilled by the seller (manufacturer) or the organization performing functions of the seller (manufacturer) based on contract with him on the day of voluntary fulfillment of such demand or on the day of court decision, if the demand was not voluntarily fulfilled.  2. In case of failure to fulfill consumer demand within the time period provided for in Articles 19-21 of this Law, the consumer has the right to file another demand specified in Article 17 of this Law at his choice. Article 23. Settlements with the consumer in case of purchase goods of inadequate quality by him 1. When replacing goods of inadequate quality for a product of a similar brand (model, article), the price of the goods shall not be recalculated.  2. When replacing goods of inadequate quality with the same goods of another brand (model,  article) in the event that the price of the goods to be replaced is lower than the price of the goods provided in substitution, the consumer must pay a difference in prices; in the event that the price of the goods to be replaced is higher than that of the goods provided in substitution, the difference in prices is paid to the consumer. In these calculations, in case of increase in the price of the goods to be replaced, the price existing as of the day of consumer demand shall be applied, while in the event of a price drop – as of the day of its purchase by the consumer.  3. Upon termination of the contract of sale or return of goods of inadequate quality to the manufacturer, or upon fulfilling consumer demand to reduce purchase price, settlements with the consumer shall be made in the event of an increase in the price of goods - based on the price of goods as of the day of fulfilling the consumer demand for termination of purchase and sale agreement or return inadequate quality goods to the manufacturer, or for reduction in the purchase price, whereas in the event of reduction in the price of the goods - based on the price of the goods as of the day of purchase.  4. The amount of credit repaid on the day of goods return along with payment for granting the credit shall be paid to the consumer to whom the goods were sold on credit, in case of termination of purchase and sale agreement.  Article 24. Consumer right to exchange goods of adequate quality 1. The consumer shall be entitled to exchange non-food goods of adequate quality for similar goods from the seller from whom the goods were purchased, if the specified goods did not suit in terms of shape, size, style, color or otherwise cannot be used by the consumer for intended purpose.  The consumer has the right to exchange non-food goods of adequate quality during fourteen days not counting purchase day.  стр. 12 из 25The Law of the KR “On protection of consumer rights”  Exchange of non-food goods of adequate quality shall be made if the said goods were not in use, its marketable condition, consumer properties, seals, factory labels, as well as sales receipt or cash receipt issued to the consumer along with the sold goods were kept.  The Government of the Kyrgyz Republic shall approve the list of goods not subject to exchange on the grounds specified in this article.  See the List of non-food goods of adequate quality that cannot be exchanged for a similar goods (approved by the Resolution of the Government of the Kyrgyz Republic as of October 12, 1998 No. 667) 2. If similar product is not available for sale on the day when the consumer applies to the seller, the consumer has the right to terminate purchase and sale contract at his discretion and demand refunding of the amount paid for the specified product or exchange it for a similar product when the corresponding product appears for sale. The seller is obliged to inform the consumer demanding exchange of non-food goods of adequate quality about its availability for sale.  Article 24-1. Distance selling of goods 1. The contract of retail purchase and sale of goods may be concluded based on familiarization of the consumer with goods description offered by the seller through catalogs, circulars, booklets,  photographs, communication equipment (television, postal, radio communication and others), the Internet or other way that exclude the possibility of direct examination of goods or goods sample by the consumer when entering into such a contract (distance selling of goods). Before conclusion of the contract, the seller (manufacturer) must provide consumer with the information about basic consumer properties of the goods, the address (location) of the seller, the place of goods manufacture, full name of the seller (manufacturer), price and terms of purchase of the goods, their delivery, service life, validity and warranty period, payment procedure, as well as the period during which the proposal to enter into the contract is valid.  2. At the moment of goods delivery the consumer must be provided with written information about the goods, procedure and terms for goods return provided for by this Law.  3. The consumer shall have the right to reject goods at any time prior to its transfer and within five days after goods transfer. If the information on the procedure and terms for returning goods of adequate quality was not provided in writing at the time of delivery, the consumer has the right to reject goods within three months from the date of goods delivery.  Return of adequate quality goods shall be possible if its marketable condition, consumer properties are preserved, as well as a document confirming the fact and conditions for purchase of the said goods.  Absence of a document confirming the fact and conditions of goods purchase shall not deprive the consumer of an opportunity to refer to other evidence of goods purchase from this seller. If the consumer rejects goods, the seller must return the amount paid by the consumer under the contract not later than ten days after filing relevant demand by the consumer.  (As amended by the Law as of the Kyrgyz Republic of January 31, 2015 No. 29) Article 25. Rules of certain types of purchase and sale contracts The Government of the Kyrgyz Republic shall approve the rules for certain types of purchase and sale contracts along with the rules for sale of certain types of goods.  Chapter III Protection of consumer rights from illegal trading activities Article 26. Illegal trade restriction The seller (manufacturer, performer) or a group of sellers may not directly or indirectly perform the following actions: concertation with a view to fix the price or regulate production of the commodity; in order to create or introduce any restriction in trade, to carry out: a) limitation of production; стр. 13 из 25The Law of the KR “On protection of consumer rights”  b) increase or decrease in the price of goods and products; c) hinder competition in distribution or sale of goods; d) setting prices, whereby the prices of items of trade intended for sale, use or consumption will be controlled in any case; e) agreement on addition to the proposed price established by a percentage ratio or otherwise with a view to refund or share with any other buyer; f) refunding a part of any amount added to the proposed price by collusion among buyers to any person; g) creation of a monopoly in production, sale or transportation of any item of trade; h) entering into an agreement that obliges any person not to produce, sell or transport any item of trade below normal price, or to keep such goods or transport it at a fixed or final price, or to set a price for such a trade item so as to hinder unrestricted competition; use the name of public official on whose behalf certain sanctions may be implemented; advertise goods or services, deliberately not satisfying the expected demand of the population,  unless advertising includes information on a limited number of advertised goods and services; advertise or present goods or services with the intention not to sell these goods and services in the form in which they were presented or shown in advertising.  (As amended by the Law of the Kyrgyz Republic as of February 21, 2015 No. 38) Article 27. Prohibited actions in trade The seller (manufacturer, performer) shall not be entitled to: sell products that do not meet the requirements of effective technical regulations in the territory of the Kyrgyz Republic; sell products subject to confirmation of conformity in the territory of the Kyrgyz Republic, without certificates of conformity or declarations of compliance; supply goods or services and pass an invoice for payment in case of actual absence of request on the part of consumer; assert that because of any defect in the consumer household, health, safety or life of the consumer and his family are at risk if any product or service is not purchased when in fact there is no damage in the household or when the goods or services can not eliminate the danger; declare free or concessional provision of goods or services or use words with a similar meaning without clear specification of conditions for obtaining them; conceal from consumer any material fact, the absence of which leads to delusion and deceit and which the consumer could not know; (paragraph 8 became invalid in accordance with the Law of the Kyrgyz Republic as of February 21,  2015 No. 38) create a situation in which the client will receive a discount or other benefits as an incentive to enter into a transaction, but the benefits depend on the event that will occur at the conclusion of the transaction; take advantage of the consumer inability to protect his interests due to disability, illiteracy or inability to understand the language used for agreement by the counterparty to the agreement that knows or has reasons to know about this client’s inability; allow for large discrepancies between oral presentation and written version of the agreement of the same transaction or use the inability of the counterparty to the transaction to provide the benefits promised; declare the fact of transaction in such a way that the person has reasons to believe that the presented or alleged state of affairs is different from what it actually is; conceal facts that are significant in the transaction, but the absence of which caused decent presentation of the goods; impose acquisition of new license plates, instrumentation and other means used in the process of human life without technical justification for their replacement and wish of consumer; стр. 14 из 25The Law of the KR “On protection of consumer rights” limit the buyer in choosing method of payment for goods (work, services) in electronic funds transfer using hardware peripherals in the manner established by the legislation of the Kyrgyz Republic.  The list of trade and service enterprises, as well as the criteria under which trade and service enterprises are required to establish POS-terminals for receiving and servicing bank payment cards shall be determined by the Government of the Kyrgyz Republic in coordination with the National Bank of the Kyrgyz Republic.  (As amended by the Laws of the Kyrgyz Republic as of February 21, 2015 No. 38, July 24, 2015,  No. 188) See: The Resolution of the Government of the KR as of December 2, 2015 N 869 “On measures of consumer rights protection”  Article 28. Illegal competition in sale Actions that limit or impede the competition of any entrenched seller of any item of commerce, or create obstacles for any seller who, with honest intentions, tries to become such a seller shall be considered illegal.  Article 29. Illegal competition in procurement 1. Any actions of commercial enterprise shall be recognized illegal and prohibited if they with the objective to create a monopoly in procurement restrict or discourage the competitiveness of any other person having honest intentions and attempts to become such a seller; discriminate among individuals and individual territories of the Republic by purchasing any item of trade at a higher price in one area than in another after determining the difference in the actual cost of transportation from the place of purchase to the place of production, sale, storage or distribution, as well as differences in grade and quality of such item of trade.  2. The evidence that a person paid for any item of trade at a higher price in one area than in another area shall be considered proof of the violation sufficient in the absence of rebut.  Article 30. Forced sale at a price not based on costs When establishing the value of goods or product presented to a distributor or seller, the invoice value of goods or product acquired under duress, bankruptcy, sale and other types of sales outside the usual trade channels shall not be used as a justification for a price that is lower than the price based on replacement cost.  The provision of this article shall not apply to: goods or product that is stored separately from goods purchased through conventional trade channels; goods or product that has been advertised or sold as property acquired under duress, bankruptcy,  sale or ways that exclude conventional trade channels, and such advertising determines the conditions under which the goods were purchased, and more property must be sold or offered for sale.  Article 31. Exceptions for certain sales Article 30 of this Law shall not apply to the sale: carried out upon liquidation in good faith of the owner’s stock or part thereof in order to stop his trade; seasonal goods; perishable goods; when the goods are spoiled and damaged and the consumer is notified thereof; and at attempt to correspond to the lawful prices of the competitor selling the same item of trade in the same district or a trading zone.  Article 32. Illegal destruction of food стр. 15 из 25The Law of the KR “On protection of consumer rights” It shall be illegal for any seller to destroy or withhold from sale (to prevent it) after the expiration of the established shelf life of any fish, poultry, animal products, vegetables and other foodstuff, if they are considered consumable and usable by the relevant authorities.  Article 33. Illegal change of invoice It shall be recognized illegal for a person to modify, alter, replace or counterfeit an invoice if these actions could damage the competitor, destroy competition or mislead the court or government authorities.  Such action is an unfair trade practice, and the person resorting to such trade practices is the offender.  Article 34. Responsible persons Any person who, as a director, employee or representative of a case or as a representative of a person, helps or contributes directly or indirectly to violations shall be responsible for violation of the provisions of this section of the law.  Article 35. Evidence of unlawful action In judicial consideration of the case of illegal trading activities it shall be sufficient to confirm and prove the wrongful intent of the person or transaction.  Chapter IV Protection of consumer rights in performance of work (rendering services) Article 36. Terms for execution of works (services) 1. The contractor shall perform the works (render services) within the period established by the rules for performance of certain types of works (rendering certain types of services) or the contract for performance of works (rendering services). The agreement on performance of works (rendering services) may provide for the deadline for completion of works (provision of services), if it is not specified by the rules, as well as a period of shorter duration than the period established by these rules.  2. The term for performance of works (provision of services) may be determined by the date (period) by which the works (services) should be completed, or (and) the date (period) by which the contractor must begin to perform the works (provide services). If performance of works (provision of services) is carried out in parts (delivery of periodicals, maintenance) during the term of agreement on performance of works (provision of services), partial terms (periods) of performance of works (provision of services) should be specified.  Article 37. Consequences of violation of terms for performance of works (provision of services) by the contractor 1. If the contractor failed to start the works (services) in a timely manner, or if it became obvious during performance of works (provision of services) that performance of works (provision of services) will not be completed on time, and also in case of delay in performing the works (providing services) the consumer has the right at his choice: fix a new term to the contractor during which the contractor must start the works (provision of services) and (or) complete the works (services) and demand a reduction in the price for performing the works (provision of services); entrust performance of works (provision of services) to third parties at a reasonable price or perform it on his own and require the contractor to reimburse the costs incurred; demand price reduction for performance of works (provision of services); terminate the contract for performance of works (provision of services).  Also, the consumer shall have the right to demand full compensation for losses caused to him in connection with violation of the terms of commencement and (or) completion of performance of works (provision of services). Losses shall be reimbursed within the time limits established to meet the relevant demands of the consumer.  стр. 16 из 25The Law of the KR “On protection of consumer rights”  2. The new terms fixed by the consumer during which the contractor must start the works (provide services) and finish the work (services) shall be specified in the contract for performance of works (provision of services). In case of delay beyond a new time limit the consumer shall have the right to lodge other demands specified in paragraph 1 of this article to the contractor.  3. The price of the works performed (services provided) returned to the consumer upon termination of the contract for performance of works (provision of services), as well as taken into account when the price of works performed (services provided) is reduced, shall be determined in accordance with paragraph 3 of Article 23 of this Law.  4. Upon termination of the contract on performance of works (provision of services) if the contractor did not start to perform the works (provide services) in a timely manner or performs the work (provides services) so slowly that performance of works (provision of services) becomes impossible by the fixed date, the contractor shall not have the right to demand reimbursement of his expenses incurred in the process of performing the works (providing services), as well as payment for the work already made (services provided).  The specifics of the procedure for settlements between the consumer and the contractor in such cases may be established by the rules for performance of certain types of works (provision of services).  5. In case of violation of fixed terms for beginning and completion of the works (services) or the new terms fixed by the consumer based on paragraph 1 of this article, the contractor shall pay to the consumer for each day (hour, if the period is specified in hours) of delay, a fine of three percent of the price of performance of works (services), and if the price of performance of works (provision of services) is not determined by the agreement on performance of works (provision of services) - the total price of the order. A contract for performance of works (provision of services) between the consumer and the contractor may establish higher amount of the forfeit (fine).  The forfeit (fine) for violation of the terms of commencement of works (services) shall be collected for each day (hour if the period is specified in hours) of delay until the beginning of the works (services) or lodging the demand specified in paragraph 1 of this article by the consumer.  The forfeit (fine) for violation of the terms of completion of works (services) shall be collected for each day (hour if the period is specified in hours) of delay until the completion of works (services) or lodging the demand specified in paragraph 1 of this article by the consumer.  The amount of the forfeit (fine) recovered by the consumer cannot exceed the price of a particular type of works (services) or the total price of an order, if the price of performing a particular type of works (services) is not determined by the agreement on performance of works (services).  The amount of the forfeit (fine) shall be determined based on the price of the works (services), and if the specified price is not determined, - based on the total price of the order that existed at the place where the consumer demand should be satisfied by the contractor on the day of voluntary satisfaction of such demand or on the day of adjudication, if the consumer demand was not satisfied voluntarily.  6. The demands of the consumer specified in paragraph 1 of this article shall not be subject to satisfaction if the contractor proves that violation of the deadlines for performing the works (rendering the services) occurred due to force majeure or through the fault of the consumer.  Article 38. Consumer rights upon detection of defects in the works performed (services rendered) 1. The consumer, upon detection of defects in the works performed (services rendered), shall have the right to demand: free of charge correction of defects in the works performed (services provided); corresponding reduction in the price of the works performed (services provided); gratuitous manufacturing of another item from similar material of the same quality or re-  performance of works. In this case, the consumer is obliged to return the item previously transferred to him by the contractor; reimbursement of expenses incurred by him to correct the defect in the works performed (services provided) on his own or by third parties.  стр. 17 из 25The Law of the KR “On protection of consumer rights”  Consumer demand for free correction of defects, for manufacture of another item or re-  performance of works (provision of services) may be accompanied by a demand to reduce the price of works performed (services provided).  The consumer shall have the right to terminate the contract on performance of works (provision of services) and demand full compensation for losses, if, within the time period specified by the contract, the defects in the works performed (services rendered) were not corrected by the contractor. The consumer also shall have the right to terminate the contract on performance of works (provision of services), if he finds significant defects in the works performed (services rendered) or other significant deviations from the terms of the contract.  Also, the consumer shall have the right to demand full compensation for losses caused to him in connection with the defects in the works performed (services provided). The losses shall be reimbursed within the time limits established to satisfy the relevant demands of the consumer.  2. Price of the works performed (services provided) to be returned to the consumer upon termination of the contract for performance of works (services), and also taken into account when the price of works performed (services provided) decreases, shall be determined in accordance with paragraph 3 of Article 23 of this Law.  3. The demands specified in paragraph 1 of this article may be lodged in case of detection of defects upon acceptance of works performed (services provided) or in the course of performing the works (providing services), and in case of impossibility to detect defects when accepting the works performed (services provided) during the warranty period or within six months from the date of acceptance of the works performed (services provided) - in the absence of a warranty period. The demands regarding the defects in the structure or in other real estate that cannot be found when accepting the works performed (services provided) can be lodged if there are defects in the works performed (services provided) within ten years from the date of acceptance of the works performed (services provided).  4. In case of detection of substantial defects in the works performed (services provided) committed through the fault of the contractor, the consumer shall have the right to lodge the demand against him for free of charge correction of defects in the works performed (services provided) after the warranty period established for the works performed (services provided) by the contractor, or after the expiration of the periods specified in paragraph 3 of this article. This consumer demand may be lodged within the established service life of the works performed (services provided) or within ten years from the day of acceptance of the works performed (services provided) if the service life of the works performed (services provided) is not established. If this demand is not satisfied within the terms established by Article 39 of this Law, the consumer at his discretion shall have the right to demand: corresponding reduction in the price of the works performed (services provided); reimbursement of expenses incurred by him to correct the defect in the works performed (services provided) on his own or by third parties; termination of the contract on performance of works (provision of services) and compensation for damages.  (As amended by the Law of the KR as of March 20, 2002 No. 42) Article 39. Terms to correct defects in the works performed (services provided) Defects in the works performed (services provided) detected during performance of works (service delivery) shall be corrected within a reasonable period of time fixed by the consumer.  Defects in the works performed (services provided) must be corrected within twenty days from the date of customer demand, unless a shorter period is established by the contract (agreement of the parties) when accepting the works performed (services provided) or by the rules for performing certain types of works (provision of certain types of services).  The term for defects correction fixed by the consumer or established by the contract (agreement of the parties) shall be specified in the contract or in another document signed by the parties.  For violation of the deadlines for correction of defects in the works performed (services provided) stipulated in this article the contractor shall pay fine to the consumer for each day of delay, which amount and calculating procedure shall be determined in accordance with paragraph 5 of Article 37 of this Law стр. 18 из 25The Law of the KR “On protection of consumer rights” In case of violation of the specified terms, the consumer has the right to lodge other demands to the contractor stipulated by paragraphs 1 and 4 of Article 38 of this Law.  Article 40. Terms for satisfaction of individual demands of the consumer 1. The demands of the consumer concerning price reduction for the works performed (services provided) regarding reimbursement of expenses for correction of defects in the works performed (services provided) on his own and by the third parties, as well as compensation for losses caused by termination of the contract for performance of works (provision of services) stipulated by paragraph 1 of Article 37 and paragraphs 1 and 4 of Article 38 of this Law shall be subject to satisfaction within ten days from the date of lodging the relevant demand.  2. The demands of the consumer for manufacturing another item from similar material of the same quality or the repeated performance of works (provision of services) free of charge shall be subject to satisfaction within the time period established for performance of works (provision of services) within the fixed period, and if such period is not established, within the term provided by the contract for performance of works (provision of services) which was improperly executed.  3. For violation of the terms for satisfying the individual demands of the consumer provided for in this article, the contractor shall pay fine to the consumer for each day of delay, which amount and calculating procedure shall be determined in accordance with paragraph 5 of Article 37 of this Law. In case of violation of the terms specified in paragraphs 1 and 2 of this article, the consumer has the right to lodge other demands to the contractor stipulated by paragraph 1 of Article 37 and paragraphs 1 and 4 of Article 38 of this Law.  Article 41. The right of the consumer to terminate the contract for performance of works (provision of services) The consumer has the right to terminate the contract for performance of works (provision of services) at any time by paying the contractor a portion of the price proportionally to the part of the works performed (services provided) before receiving notice of termination of the said contract. The consumer is also obliged to compensate the contractor for losses caused by termination of the contract for performance of works (services) within the difference between the part of the price paid for the works performed before receiving the notice of contract termination and the price of all works performed (services provided).  Article 42. Cost estimate for performance of works (provision of services) 1. Fixed or approximate cost estimate may be prepared for performance of works (provision of services), as provided for in the contract for performance of works (provision of services).  Preparation of such cost estimate at the request of the consumer or contractor shall be mandatory.  2. The contractor shall not have the right to demand payment for performance of works (provision of services) and additional expenses not included in the fixed budget, unless the consumer has agreed to perform such works (provide such services) or has not instructed the contractor to perform such works (provide such services). If it became necessary to exceed the approximate cost estimate, the contractor is obliged to immediately notify the consumer. In this case, the consumer shall have the right to refuse to fulfill the contract on performance of works (provision of services) by reimbursing the contractor for the expenses incurred by him and related to the works performed (services provided) according to original cost estimate. If the contractor has not informed the consumer about the excess of approximate estimate, the contractor is obliged to perform the works (to provide services) within the limits of initial approximate cost estimate.  Article 43. Performance of work from the material of the contractor 1. The contractor is obliged to perform the works determined by the contract on performance of works from his material and by his own means, if the consumer does not require the work to be done from his material.  Contractor performing the works from his material shall be responsible for adequate quality of this material.  стр. 19 из 25The Law of the KR “On protection of consumer rights”  2. The material of the contractor is paid by the consumer at conclusion of the specified contract in full or in the amount specified in the rules for performance of certain types of works or in the contract for performance of works with the condition of final calculation upon acceptance by the consumer of works performed by the contractor, unless another procedure for payments for the material of the contractor is provided for by the agreement of the parties.  3. In cases stipulated by these rules or the contract for performance of works the material may be provided by the contractor to the consumer on credit. The subsequent change in the price of material provided by the contractor on credit shall not entail recalculation.  4. The material of the contractor and the necessary technical equipment, tools, etc., shall be delivered to the place of work performance by the contractor.  Article 44. Performance of works from the material (with the item) of the consumer 1. If the work is performed in whole or in part from the material (with the item) of the consumer, the contractor shall be responsible for safety of this material (item) and its correct use.  The contractor shall: inform the consumer about the unsuitability or poor quality of material (item) transferred by the consumer; submit the report on material used up and return the rest material. In case of complete or partial loss (damage) of material (item) taken from the consumer, the contractor is obliged to replace it with a similar material of a similar quality within three-day period and, at the consumer’s request, to make a product from similar material (item) within a reasonable time; and in the absence of similar material (item) of similar quality - to compensate double price of lost (damaged) material (item) to the consumer as well as the costs incurred by the consumer.  2. The price of lost (damaged) material (item) shall be determined based on the price of material (item) that existed in the place where the consumer demand should to be satisfied by the contractor on the day of voluntary satisfaction of such a demand or on the day of court decision, if the consumer demand was not satisfied voluntarily.  The price of material (item) transferred to the contractor shall be determined by the consumer and specified in the contract for performance of works or in another document (receipt, order) confirming its conclusion.  3. The contractor shall be exempt from liability for full or partial loss (damage) of the material (item) taken by him from the consumer, if the consumer was informed by the contractor about special properties of material (item) that may entail its full or partial loss (damage). Ignorance of the contractor of special properties of material (item) shall not release him of responsibility.  Article 45. Obligation of the contractor to inform the consumer about the circumstances that may affect quality of the works performed (services provided) The contractor is obliged to timely inform the consumer that compliance with the instructions of the consumer and other circumstances depending on the consumer may reduce quality of the works performed (services provided). If the consumer, despite of timely and reasonable informing by the contractor, within a reasonable time does not replace unsuitable or poor quality material, does not change the instructions on how to perform the works (services) or does not eliminate other circumstances that may reduce quality of the works performed (services provided), the contractor shall have the right to terminate the contract for performance of works (provision of services) and demand full compensation for damages.  Article 46. The procedure for settlements for the works performed (services provided) The procedure for settlements for the works performed (services provided) shall be determined by the contract between the consumer and the contractor.  The consumer is obliged to pay for the works performed (services provided) by the contractor in full at its completion, unless otherwise provided for by the legislation or other regulatory legal acts of the Kyrgyz Republic or the contract between the consumer and the contractor.  стр. 20 из 25The Law of the KR “On protection of consumer rights”  Article 47. Rules for household services and other types of consumer services Rules for household services and other types of consumer services (rules for performance of certain types of works and the rules for provision of certain types of services) shall be approved by the Government of the Kyrgyz Republic.  See the Rules of consumer services in the Kyrgyz Republic (approved by the Resolution of the Government of the Kyrgyz Republic as of October 29, 1997 N 638) Article 48. Regulation of provision of certain types of services The consequences of violation of the terms of contracts for provision of certain types of services, if such contracts by their nature are not subject to this chapter, shall be determined by law.  Chapter V State and public consumer rights protection Article 49. Powers of the state antimonopoly body The state antimonopoly body within the limits of the antimonopoly policy shall carry out state control over observance of laws and other regulatory legal acts of the Kyrgyz Republic regulating relations in the field of consumer rights protection.  This body, within its competence, shall issue instructions to manufacturers (performers, sellers) on termination of violations of consumer rights.  Article 50. Obligation of the manufacturer (performer, seller) to provide information to the state antimonopoly body At the request of the state antimonopoly authority the manufacturer (performer, seller) is obliged to provide reliable documents, explanations in written and oral forms, information required by Articles 8-10 of this Law, necessary for the state antimonopoly authority to exercise powers provided for in this Law.  (As amended by the Law of the KR as of August 3, 2013 N 185) Article 51. Powers of state authorities exercising control over goods (works, services) quality and safety 1. To ensure safety of goods (works, services) the state body for standardization, metrology and certification, the state body for sanitary and epidemiological surveillance, the state body for environmental protection and natural resources and other public authorities that exercise control over the quality and safety of goods (works, services), within the limits of their competence shall: monitor compliance with safety requirements for goods (works, services); issue orders to eliminate violations of safety requirements for goods (works, services), to remove such goods (works, services) from production, to stop production and sale of such goods (work, services), to stop sale of goods with expired shelf life and goods (works) for which the expiry dates or service periods should be established, but were not established, on suspension of sale of goods (works, services) in the absence of reliable and sufficient information on goods (works, services), on withdrawing them from consumers and informing consumers about it; bring suits against manufacturers (performers, sellers) in case of violation by them of safety requirements for goods (works, services).  2. To ensure safety of goods (works, services), the state body for standardization, metrology and certification, the state body of sanitary and epidemiological supervision and other public administration bodies that monitor quality and safety of goods (works, services) within their competence shall establish mandatory safety requirements for goods (works, services) and monitor compliance with these requirements.  3. Coordination of operation of government bodies that monitor quality and safety of goods (works,  services), as well as organization and performance of works on mandatory certification of goods (works,  services) shall be entrusted to the state body for standardization, metrology and certification.  (As amended by the Law of the KR as of July 30, 2013 N 178) стр. 21 из 25The Law of the KR “On protection of consumer rights”  Article 52. Sanctions imposed by the state antimonopoly body, state body for standardization, metrology and certification and other public authorities that monitor quality and safety of goods (works, services) 1. The state antimonopoly body shall be entitled to impose a fine on the manufacturer (performer,  seller) for avoiding execution or for late execution of its orders on termination of violations of consumer rights and illegal trading practices in accordance with current legislation.  The fine is imposed by an official of the state antimonopoly authority.  2. The state body for standardization, metrology and certification and other government bodies that monitor quality and safety of goods (works, services), within the limits of their competence, shall be entitled to impose a fine in the following cases: avoidance of execution or untimely execution of their legal instructions by the manufacturer (performer, seller); causing damage to consumers by goods (works, services) that do not meet safety requirements for goods (works, services); sales of goods (works, services), including imported ones, without certificates of conformity of goods (works, services) with mandatory standards; violation of the rules of mandatory certification of goods (works, services) by certification bodies, as well as providing unreliable testing results for goods (works, services) by testing laboratories (centers) upon their mandatory certification.  3. The amount of fines in each particular case shall be determined in accordance with the Code of the Kyrgyz Republic on administrative liability.  Penalties provided for in paragraphs 1 and 2 of this article imposed on manufacturers (performers,  sellers), as well as on certification bodies, testing laboratories (centers), with the exception of a fine for an individual entrepreneur, shall be applied within thirty days from the date of making appropriate decisions on recovery of fines.  The manufacturer (performer, seller) can appeal against the decision of an official who imposed a fine to a higher authority or take legal action. In case of confirmation of the legality of actions of an official, the manufacturer (performer, seller) shall pay a fine and the amount of damage based on refinancing rate of the National Bank of the Kyrgyz Republic.  Penalties provided for in item 1 and items 2 and 3 of paragraph 2 of this article imposed on individual entrepreneurs shall be applied within thirty days from the date of receipt of appropriate decisions on fine imposition. If individual entrepreneurs refuse to pay a fine within the established period or if the fine is not paid in full, the bodies specified in paragraphs 1 and 2 of this article shall be entitled to apply to court for recovery of the corresponding amounts of fines from individual entrepreneurs, as well as penalties in the amount of one percent of the amount of forfeit imposed or its unpaid part for each day of delay.  Penalties provided for in items 4 and 5 of paragraph 2 of this article and imposed on individual entrepreneurs shall be applied in accordance with administrative legislation.  4. The amounts of fines collected in accordance with paragraphs 1 and 2 of this article shall be transferred to the republican budget.  5. The manufacturers (performers, sellers) of goods (works, services), certification bodies, testing laboratories (centers) shall have the right to apply to court for declaring invalid all or part of the orders of the state antimonopoly body, state body for standardization, metrology and certification and other government bodies that monitor quality and safety of goods (works, services), or on cancellation or modification of the relevant regulations on imposition of fines.  Orders and decisions on imposition of administrative fines by public administration bodies or local governments (commissions) for protection of consumer rights may be appealed within ten days from the date of their issuance.  (As amended by the Laws of the KR as of March 20, 2002 No. 42, July 30, 2013 N 178, August 3,  2013 N 185) стр. 22 из 25The Law of the KR “On protection of consumer rights”  Article 53. Implementation of consumer rights protection by local governments To protect the rights of consumers in the territory of Aiyl Aymak, city, the local governments within the state powers delegated to them shall be entitled to: examine consumer complaints, advise them on consumer protection issues; review contracts concluded by sellers (performers, manufacturers) with consumers, in order to identify conditions that infringe upon the rights of consumers; upon detection of goods (works, services) of inadequate quality, as well as the ones dangerous for life, health, property of consumers, violation of trade rules, domestic and other consumer services, impose penalties on manufacturers (sellers, performers) in accordance with administrative legislation; in cases when sale of goods (performance of work, provision of services) is not accompanied by reliable and sufficient information, or with expired shelf life, or no expiration dates, if these terms are mandatory, suspend sale of goods (work, services) until provision of the information or stop selling goods (works, services); take legal action to protect consumer rights (consumers at large).  The state powers to protect consumer rights shall be delegated to local governments in accordance with the law on the procedure for delegating certain state powers to local governments.  (As amended by the Laws of the KR as of March 20, 2002 No. 42, July 2, 2015 No. 142) Article 54. Rights of public associations (unions) of consumers 1. The citizens shall have the right to unite on a voluntary basis in public associations (unions) of consumers that carry out their activities in accordance with the legislation of the Kyrgyz Republic in the field of non-profit organizations and with their charters.  2. Public associations (unions) of consumers in cases stipulated by the charters of the said associations (unions) shall be entitled to: participate in development of draft technical regulations that establish mandatory safety requirements for goods (works, services), other regulatory legal acts that regulate relations in the field of consumer protection; carry out an independent examination of quality and safety of goods (works, services) (based on orders placed to the relevant organizations or upon availability to their own laboratories provided they are accredited for technical competence by the relevant government authorities); check observance of consumer rights and the rules of trade, household and other types of consumer services, on behalf of consumers participate when conducting expert examinations upon violations of consumer rights; submit proposals to state administration bodies, organization to improve quality of goods (works,  services), to remove from production, to withdraw from circulation goods (works, services) that are hazardous to life, health, property of consumers and the environment; participate jointly with government authorities in the process of control over the regulated prices application, conduct an independent examination of tariffs established by government agencies for services rendered to the population (consumers); submit materials to the prosecutor's office and government bodies to bring to justice those individuals who are responsible for release and sale of goods (works, services) that do not meet the established safety and quality requirements for goods (works, services), as well as in violation of consumer rights established by laws or other regulatory legal acts of the Kyrgyz Republic; appeal to the prosecutor’s office requesting to appeal on repealing acts of public authorities and local government that contradict the laws governing relations in the field of consumer protection; take legal action to protect consumer rights (consumers at large).  (As amended by the Laws of the KR as of March 20, 2002 No. 42, January 31, 2015 No. 29,  February 21, 2015 No. 38) Article 55. Protection of interests of consumers at large стр. 23 из 25The Law of the KR “On protection of consumer rights”  The state antimonopoly authority, public administration bodies that control quality and safety of goods (works, services), local governments, public associations (unions) of consumers shall have the right to take legal action to recognize actions of sellers (manufacturers, performers) or organizations performing functions of sellers (performers) based on contracts with them, unlawful with respect to consumers at large and demand termination of these actions.  Attention! In a view of absence in part 1 of this article of the wording “public administration bodies (their territorial units) that implement control over quality and safety of goods (works, services)”  amendments provided for by paragraph 11 of article 1 of the Law of the KR as of February 21, 2015 N 38,  are not included.  When satisfying such a claim, the court obliges the offender to communicate court decision to the consumers through mass media or otherwise within the term fixed by the court.  The court decision that entered into legal force recognizing actions of the seller (manufacturer,  performer) or the organization that performs the functions of seller (manufacturer) based on contract with him illegal in relation to consumers at large, shall be binding for the court that considers consumer claim about civil consequences of the actions of the seller (manufacturer, performer) or an organization that performs the functions of seller (manufacturer) based on contract with him, regarding the questions,  whether these actions took place and whether they were committed by particular persons.  Simultaneously with satisfaction of the claim filed by public association (union) of consumers in the interests of consumers at large or an individual consumer, the court shall decide on reimbursement to public associations (unions) of consumers of court costs related to consideration of the case, including expenses related to involvement of experts in the case.  Article 55-1. Partnership in the field of consumer protection To implement coordinated actions of public administration bodies (their territorial bodies) that exercise state supervision over goods (works, services) safety, local governments, public associations (unions) of consumers in the field of consumer protection and competition development, republican and regional coordination councils may be created consisting of the representatives of the above-mentioned bodies, public associations and officially designated representatives of business associations. In their activities these coordination councils shall be guided by this Law, the nationwide concept of consumer protection and competition development elaborated by the Government of the Kyrgyz Republic and relevant provisions, Resolutions of the Government of the Kyrgyz Republic.  (As amended by the Laws of the KR as of March 2, 2002 N 42, February 21, 2015 N 38) Article 56. Introduction of this Law into effect 1. This Law shall enter into force from the date of its publication.  Published in “Erkin-Too” newspaper as of December 24, 1997 N 114-115 2. The provisions contained in paragraphs 2 and 4 of Article 5, item 1 of paragraph 4 of Article 6 and item 8 of paragraph 1 of Article 17 of the Law of the Kyrgyz Republic “On protection of consumer rights” shall enter into force on the day of approval of the relevant lists by the Government of the Kyrgyz Republic.  3. To recognize repealed the following: The Law of the Kyrgyz Republic “On protection of consumer rights” (Bulletin of the Supreme Council of the Republic of Kyrgyzstan, 1992, N 3, Art. 83); The Law of the Kyrgyz Republic “On amendments and additions to the Law of the Kyrgyz Republic “On protection of consumer rights” (Bulletin of the Parliament of the Kyrgyz Republic, 1994, N 3, art.101).  4. The Government of the Kyrgyz Republic shall: develop regulatory legal acts provided for by the Law of the Kyrgyz Republic “On protection of consumer rights”; bring its regulatory legal acts in line with this Law.  (As amended by the Law of the KR as of February 17, 2003 N 37) стр. 24 из 25The Law of the KR “On protection of consumer rights” стр. 25 из 25 The President of the Kyrgyz Republic  A.Akayev Adopted by the Legislative Assembly of the Parliament of the Kyrgyz Republic  November 13, 1997

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