Frequently Asked Questions
Protection of the Consumers’ Rights
- Who is a Consumer?
A Consumer isa Citizen (a Natural Person) purchasing (acquiring) or intending to acquire or order a commodity or work, a service with the aim of personal consumption (use) or for other purposes not connected with profit derivation.
- What Rights Consumers possess?
Consumers possess the Rights for:
- receipt of the trustworthy and complete information about a commodity (work, service), as well as a manufacturer (a performer, a seller);
- the free choice and the due quality of a commodity (work, service);
- safety of a commodity (work, service);
- compensation at full size of the material losses, moral harm caused by a commodity (work, service) with defects hazardous for life, health and property, as well as wrongful acts (inaction) on part of a manufacturer (a performer, a seller);
- application to a Court or other authorized State Bodies for protection of the violated Rights or Interests secured by the Law;
- creation of the Consumers’ Social Associations.
For particular groups of Consumers, attributed to the category of those needing the Social Protection, privileges and advantages at spheres of Trade, Consumer and other kinds of Services may be established by the Legislation.
- What kind of information about a manufacturer (a performer, a seller), rules of trade/sale and render of services shall be present (available)?
A manufacturer is obliged to get to a Consumer’s knowledge the name of its/his/her Enterprise and its location (a legal address). The said information shall be contained at a production mark or a trade mark or be delivered in other ways.
A seller (a performer) is obliged to get to a Consumer’s knowledge the company name of its organization, its location (a legal address) and operating regime. The said information shall be placed on a sign board.
Information stipulated by the Part II of the present Article shall be got to the Consumers’ knowledge also at performance of trade and render of a service at temporary room spaces, fairs, sales from stalls (stands) or in other cases, when the trade and render of services are being performed outside the constant location of a seller (a performer).
A seller (a performer) is obliged to provide a Consumer with complete information on the rules of the Commodities’ Trade, the Consumer and other kinds of Services
- What kind of information shall be about commodities (works, services)?
A manufacturer (a seller, a performer) is obliged to provide in-time a Consumer with the necessary, trustworthy and accessible information on goods (works, services) being sold (performed, rendered) by it/him/her.
Information on a commodity (a work, a service) shall compulsorily contain:
the indication of the regulatory documentation, to obligatory requirements of which a commodity (a work, a service) shall conform;
the list of main consumer qualities (characteristics) including the specific ones;
a price (a tariff) and terms of purchase;
date of manufacture related to certain types of goods;
guarantee obligations of a manufacturer (a performer);
rules and conditions of the effective and the safe usage;
serviceable (working, fitness) life (expiry date) and data on necessary actions on part of a Consumer upon expiry of that period, as well as possible consequences at non-performance of the said actions;
name and property form of a manufacturer (a seller, a performer), No of its registration and licensing certificate;
legal addresses of a manufacturer (a seller, a performer) and enterprises authorized by it/him/her for acceptance of claims from Consumers, as well as performing repair and technical service;
ways and rules of maintenance, utilization safety;
information on using audio / sound records at conduct of theatrical and concert arrangements (events).
Related to a commodity subject to compulsory certification, information on its certification shall be provided to a Consumer.
Absence of the necessary information on a commodity (a work, a service) entail suspension of sale of such a commodity (a work, a service) until its presentation upon a direction issued by the appropriate State Governance Body.
- What are the form and the order of payment to be done for goods (works, services)?
The form and the order of payment to be done for goods (works, services) shall be defined by an agreement between a Consumer and a seller (a manufacturer, a performer). Sale of goods on credit shall be performed in the order established by the rules of sale of goods on credit subject to approval by the Government of the Republic of Uzbekistan.
At performance of a sale-purchase, a cash voucher or a cash-memo shall be given to a Consumer.
Sale of a commodity without issue of a cash voucher or a cash-memo is prohibited.
- What rights a Consumer does possess at a sale of a commodity containing defects?
A Consumer to whom a commodity containing defects was sold, unless otherwise has been stipulated at conclusion of a contract, is entitled, by his/her own choice to demand:
- replacement by a good of a similar type (model, article) possessing the due qualities;
- replacement by a similar good of other type (model, article) with the appropriate recalculation of a purchase price;
- gratuitous removal of defects contained by a good or compensation of expenses caused by removal of defects by a Consumer or by a third party;
- proportionate reduction of a purchase price;
- dissolution of a contract with compensation of the suffered losses;
- warranty period or period of fitness of a good;
- six months related to goods in respect of which the warranty periods or periods of fitness have not been set;
- two year since a date of hand-over of a real property to a Consumer, unless the longer periods have been stipulated by a contract;
- a period set by the Government of the Republic of Uzbekistan for seasonal goods.
A Consumer can implement the abovementioned rights, if the defects were discovered within:
At detection by a Consumer of defects in the goods sold to him/her which, as independent elements, compose a part of sets, type face, assembly and possessing separate prices, he/she are entitled to present claims, foreseen by the Part I of the present Article, both in respect of a complete set, type face, assembly, and in respect of separate elements being part of them and having defects.
Demands set at the Part I of the present Article shall be presented by a Consumer to a seller.
Demands made by a Consumer shall be considered at his/her presentation of a cash voucher or a cash-memo, as for the goods related to which the warranty periods have been set, - the appropriately formalized technical passport or any other document replacing it.
In case of a loss by a Consumer of a technical passport, its restoration shall be performed in accordance with the legislation.
Defects detected in a commodity shall be removed by a manufacturer. Interrelations between a manufacturer and a seller shall be regulated by an agreement.
- Is the replacement of a commodity with defects performed? If yes, then in what way?
In case of detection by a Consumer of production design, prescription or other defects, a seller (manufacturer) is obliged within a seven days’ period replace it by a commodity of a similar type (model, article) and , in case of need in an additional inspection by a seller (manufacturer) of a commodity’s quality – within a twenty days’ period since a moment of presentation of a demand by a Buyer.
At absence of a commodity of a similar type (model, article), a Consumer’s demand for replacement shall be subject to satisfaction within a one month period since a moment of presentation of a demand. For desert and remote areas, areas of periodic delivery, the said demand made by a Customer shall be subject to satisfaction within a period necessary for performance of a next delivery of goods to those areas, but not longer than two months.
For each day of a delay in the said periods, a seller (a manufacturer) shall pay to a Consumer, simultaneously with giving out of a replaced commodity, a forfeit (a penalty) at size of one percent of a cost of a commodity.
By a Consumer’s consent, a seller is obliged to replace a commodity with defects by a similar one.
- What are the rights of a Consumer for replacement of a commodity having defects? The order of settlement of accounts with a Consumer in case of a sale to him of a commodity having defects?
A Consumer is entitled, within a ten days’ period since a date of a purchase made, to exchange a non-food product of the appropriate quality for a similar one by a seller, where it had been purchased and, in case of absence of such a commodity at sale – to receive a cash compensation.
The order of exchange and the list of the goods not being subject to exchange, shall be determined by the rules approved by the Government of the Republic of Uzbekistan.
Sometimes the sellers try to avoid from performance of replacement or exchange of a purchased good.
- What is the list of goods not being subject to return or exchange for a similar commodity?
1. Goods for prevention and treatment of diseases at home conditions (sanitary and hygienic items made of metal, rubber, textile and other materials, medical tools, devices and apparatus, hygienic items for oral cavity, lenses for spectacles, kids’ care items, pharmaceutical preparations).
2. Personal hygiene items (tooth brushes, combs, hairpins, hair rollers, wigs, chignons and other similar goods).
3. Perfumes and cosmetic goods.
4. Textile goods (cotton, linen, silk, woolen and synthetic clothes, goods made of molded fabric – bands, braid, laces and other); cable products (wires, cords, cables); construction and decoration materials (linoleum, films, carpet coverings and other) and other goods released by meterage (length).
5. Garments and knitted gods (underwear, stocking / socks and gloves’ garments and knitted goods),
6. Items and materials contacting with food-products, made of polymeric materials, including the disposable ones (tableware/dishes, kitchenware, vessels and packing materials for storage and transportation of food-products).
7. Home chemistry goods, pesticides and agrochemicals.
8. Furniture (furniture suites and assembled groups).
9. Items made of precious metals, precious stones, made of precious metals with inserts of semiprecious and synthetic stones, facet precious stones.
10. Cars, motorcycle and bicycle goods, trailers and numerated aggregates to them; mobile means of small mechanization of agricultural works, pleasure boats and other sailing means for domestic use.
11. Technically complicated goods for home application for which the warranty periods are set, (metal-cutting ans wood-processing machined for domestic use; electric machines and devices for domestic use; radio-electronic apparatus for domestic use, computing and copyprinter devices, photo- and motion-picture apparatus, phone apparatus, fax machines, electric-musical instruments, electronic toys).
12. Animals and plants.
- What is the List of goods to which does not apply a Buyers’ demand for free placing at his/her disposal during a period of repair or replacement of a commodity of a similar type (model, article)?
1. Cars, motorcycle and other kinds of motorized techniques, trailers and numerated aggregates to them, except the items designed for use by disabled persons, pleasure boats and other sailing means.
3. Electric devices for domestic use as toilette items and for medical purposes (electric shavers, electric hair-waving pincers, medical electric reflectors, electric heating pads, electric bandages, electric plaids, electric blankets).
4. Electric (household) appliance devices used for thermal processing of products and for preparation of meals, domestic microwave frequency stoves, toasters, electric water heaters, electric tea-pots, electric heaters and other goods).
- Who bears responsibility for harm caused in consequence of defects in a commodity (a work, a service)
Harm caused to life, health or property of a Consumer in consequence of design, production, prescription and other defects in a commodity (a work, a service), as well as application of materials, equipment, devices, tools, gadgets or other means which not provide safety of life, health or property of a Consumer, shall be subject to compensation by a seller (manufacturer, performer).
The right to demand compensation of harm, caused in consequence of defects in a commodity (a work, a service),shall be recognized caused to any victim independently whether he/she had been in a contractual relationship with a seller (manufacturer, performer) or not.
Harm caused to life, health or property of a Consumer, shall be subject to compensation, if it were caused within serviceable period (fitness period) stipulated by the normative documentation, in case if it were not set, - within a ten years’ period since a moment of manufacture of a product (acceptance of a work, of a service).
A seller (manufacturer, performer) shall be released from responsibility if he/she proves that harm was caused in consequence of force majeure or violation by a Consumer of the established rules of use, maintenance and transportation.
- Who pays for cause of a harm and in what order?
Moral harm caused to a Consumer in consequence of violation of his/her rights, shall be subject to compensation by a party who caused harm at presence of its/his/her guilt. Size of harm compensation shall be defined by a court.
Compensation of moral harm shall be performed independently of compensation of property harm and losses suffered by a Consumer.
- How the State protection of Consumers’ Rights is provided and to whom may one apply at violation of those rights?
The State guarantees to Consumers protection of their rights and interests secured by the Law at purchase and use of a commodity (a work, a service) by them.
The State protection of Consumers’ Rights is performed by the State Governance Bodies and Departments as well as the courts.
Specially authorized State Bodies for protection of Consumers’ Rights present being: the State Committee of the Republic of Uzbekistan for Privatization, Demonopolization and Development of Competition, the Uzbek Agency for Standardization, Metrology and Certification (further referred to as the “UzStandard”), Ministry of Public Health of the Republic of Uzbekistan, the State Committee of the Republic of Uzbekistan for Architecture and Construction, the State Committee of the Republic of Uzbekistan for Environment Protection; other State Governance Bodies, performing within a frame of their competence control over observance of the legislation on Protection of the Consumers’ Rights.
- What bodies perform control over safety and quality of goods (works, services) and what powers they possess?
With the aim to provide safety and quality of goods (works, services), the UzStandard Agency, Ministry of Public Health of the Republic of Uzbekistan, the State Committee of the Republic of Uzbekistan for Architecture and Construction, the State Committee of the Republic of Uzbekistan for Privatization, Demonopolization and Development of Competition, the State Committee of the Republic of Uzbekistan for Environment Protection; other State Governance Bodies, performing control over safety and quality of goods (works, services), within a frame of their competence:
Establish compulsory requirements on safety and quality of goods (works, services) and perform control over observance of those requirements;
send directions (orders) to manufacturers (performers, sellers) on removal of violations of requirements on safety and quality of goods (works, services), removal from production, cessation of output and sale of inferior goods(works, services), their recall from Consumers, as well as inform Consumers on that;
present to courts the claims against manufacturers (performers, sellers) in cases of violations by them of requirements on safety and quality of goods (works, services).
The Government of the Republic of Uzbekistan coordinates the activity of the State Governance Bodies performing control over safety and quality of goods (works, services).
- At some trade and render of services facilities they say about absence of payment terminals. Which facilities shall be provided by payment terminals?
Payment terminals shall be installed in a compulsory order* at the following facilities of retail trade and render of services performing monetary settlement of accounts with population:
- booking offices dealing with sale of air- and railway tickets;
- ticket office of bus stations;
- petrol filling stations;
- loan organizations (credit unions, micro-loan organizations, pawn shops), insurance organizations and other entities of the financial market;
- stationary trade points, including drugstores, (independent of an area occupied;
- public catering facilities;
- points of receipt of payments from population for utility services as well as telecommunication services, including services for the mobile phone services;
- places of temporary storage of auto-transportation means;
- postal (communication) branch offices;
- facilities rendering consumer (domestic) services as well as conducting mass cultural and entertainment events;
*) excluding the facilities possessing, in accordance with the legislation, the right to render monetary settlement of accounts with population without use of the cash registers.
- What requirements shall meet a Court Manager?
Persons possessing the higher education, record of service at length of not less than two years, as well as having gone through a Certification Test at a State Body authorized for Bankruptcy Affairs, may be assigned as Court Managers.
- What Bankruptcy Procedures are foreseen in accordance with the Law of the Republic of Uzbekistan “On Bankruptcy”
There are 5 Bankruptcy Procedures: - Surveillance, Court Reorganization, Voluntary Settlement, External Management, Liquidation Process.
- What shall be attributed to Bankruptcy Signs?
Signs of a Debtor’s Bankruptcy shall be recognized as being inability to satisfy creditors’ demands on monetary liabilities, and (or) perform duties on compulsory payments, if the according liabilities Признакамибанкротствадолжникапризнаетсянеспособностьудовлетворитьтребования and (or) duties were not carried out by it/him/her within a period of three months since a date of their receipt.
- What is the Register of the Creditors’ Demands?
At the Register of the Creditors’ Demands the data on each of creditors, established size of its/his/her demands on monetary liabilities, and (or) on compulsory payments, sequence (order of priority) of satisfaction of each of its/his/her demands, shall be indicated.
- How the satisfaction of the Creditors’ Demands is being performed?
Out of turn the court charges and expenses related to payment of compensation to Court Managers, current utility and exploitation charges, expenses related to insurance of a Debtor, as well as satisfaction of liabilities of a Debtor having arisen after opening of a Bankruptcy Case and demands of citizens before whom a Debtor bears responsibility for causing harm to life and health in accordance with the legislation, - shall be covered.
- In the first place - demands on payment (executive) documents foreseeing compulsory payments and release of cash means for payment of salaries, on executive documents foreseeing transfer or release of cash means from a bank account for satisfaction of demands on recovery of alimony, on payment of rewards for author's works, providing the equal degree of fulfillment of liabilities of a Debtor related to compulsory payments and requirements arising from labor legal relationship and those equal to it, as well as demand by the citizens on compensation of harm caused to their property by crime or administrative infringement of the law, - shall be satisfies.
- In the second place - demands on compulsory insurance, as well as bank loans and insurance of the bank loans, - shall be satisfied.
- In the third place - demands of creditors secured by a pledge, - shall be satisfied.
- In the fourth place - demands of creditors not secured by a pledge, - shall be satisfied.
- In the fifth place – demands of the Stocks (Shares) Owners, - shall be satisfied.
- In the sixth place – all other demands, - shall be satisfied.