Article 42-3. Representatives of legitimate consumer interests The Law on Consumer Protection
1. Representatives of consumers in the protection of their rights and legitimate interests may act as:
1) public consumer associations, associations (unions);
2) legal consultants who are members of the Chamber of Legal Consultants in accordance with the Law of the Republic of Kazakhstan "On Advocacy and Legal Assistance";
3) lawyers;
4) other persons in accordance with the legislation of the Republic of Kazakhstan.
2. Representatives of the legitimate interests of consumers are obliged to perform their duties properly, taking the necessary measures to restore the violated rights and legitimate interests of consumers, and to compensate for the loss (harm) caused due to defects in the product (work, service).
3. Representatives of the legitimate interests of consumers are required to explain to the consumer the possible results and consequences of the representative services provided, including the nature and amount of financial costs.
The representation of the legitimate interests of consumers is made out in writing with mandatory indication of the terms, amount and conditions of return of the representative services provided, as well as the list of actions performed by the representative on behalf of the consumer.
The choice of measures for the provision of services to represent the legitimate interests of consumers should be based on the interests of the consumer.
4. Representatives of the legitimate interests of consumers, when performing their duties, take measures to prevent conflicts of interest.
5. A representative of the legitimate interests of the consumer is prohibited from providing representative services in the event of a conflict of interest.
The representative of the legitimate interests of the consumer is obliged to refuse to provide representative services in cases where:
1) there is a conflict of interests between the consumer and the representative, his close relatives, as well as in the presence of other circumstances that constitute a conflict of interest;
2) there are grounds provided for by the civil procedure legislation of the Republic of Kazakhstan.
6. Lawsuits filed by public associations of consumers, associations (unions) in the interests of consumers for consideration in court are not subject to state duty.
7. Public associations of consumers, associations (unions) and chambers of legal advisers also provide consumer advice within the framework of a state social order to provide advisory assistance to the public on consumer rights protection and representative services to consumers in restoring their violated rights and legitimate interests.
8. Consulting assistance on consumer protection issues and representative services are provided within the framework of the state social order.:
1) persons receiving special social services in accordance with the legislation of the Republic of Kazakhstan on social protection;
2) persons receiving targeted social assistance;
3) participants of the Great Patriotic War and persons equated in terms of benefits to participants of the Great Patriotic War;
4) veterans of military operations on the territory of other states;
5) persons with disabilities of the first and second groups;
6) elderly and persons with disabilities living in special social services centers;
7) mothers with many children who were awarded the "Altyn alka", "Kumis alka" pendants or who previously received the title of "Mother Heroine", as well as those awarded the "Maternal Glory" orders of I and II degrees;
8) other persons who are in a difficult social and financial situation.
The Law of the Republic of Kazakhstan dated May 4, 2010 No. 274-IV.
This Law defines the legal, economic and social foundations of consumer protection, as well as measures to provide consumers with safe and high-quality goods (works, services).
President
Republic of Kazakhstan
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