Article 6-2. State control over compliance with the legislation of the Republic of Kazakhstan on consumer protection The Law on Consumer Protection

Home / RLA / Article 6-2. State control over compliance with the legislation of the Republic of Kazakhstan on consumer protection The Law on Consumer Protection

1. State control over compliance with the legislation of the Republic of Kazakhstan on consumer protection is carried out by state bodies and their officials authorized to exercise state control in accordance with the Business Code of the Republic of Kazakhstan.

2. State control over compliance with the legislation of the Republic of Kazakhstan on consumer protection is carried out by the authorized body or its territorial divisions in the form of an unscheduled inspection in accordance with the Business Code of the Republic of Kazakhstan and preventive control without visiting the subject (object) of control in accordance with this Law.

3. Preventive control without visiting the subject (object) of control over compliance with the legislation of the Republic of Kazakhstan on consumer protection is carried out in order to restore violated rights and legitimate interests of the consumer, compensate for loss (harm), as well as increase the social and property responsibility of the subjects of control by reducing their administrative burden.

4. Preventive control without visiting the subject (object) of control is carried out by the authorized body or its territorial divisions on the basis of information and reports received from government agencies, subjects of pre-trial settlement of consumer disputes, representatives of legitimate consumer interests, including through the Unified Information System for Consumer Rights Protection, as well as through the mass media, based on the facts violations of the legislation of the Republic of Kazakhstan on consumer protection.

5. The subjects of state control are sellers (manufacturers, performers).

6. In case of detection of violations of the legislation of the Republic of Kazakhstan on consumer rights protection based on the results of consideration of information and reporting provided for in paragraph 4 of this article, a recommendation is sent to the subject of control on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control, without initiating proceedings on an administrative offense with mandatory explanation to the subject of control of the procedure for their elimination.

7. The recommendation on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control must be handed over to the subject of control personally against signature or in any other way confirming the facts of its sending and receipt. A recommendation to eliminate violations identified by the results of preventive monitoring without visiting the subject (object) of control, sent by one of the following methods, is considered to have been handed in the following cases:

1) on purpose – from the date of the mark in the receipt recommendation;

2) by mail – from the date of notification of receipt of the postal item by registered mail;

3) electronically – from the date of sending by the authorized body or its territorial subdivisions to the e-mail address of the control entity specified in the letter at the request of the authorized body or its territorial subdivisions.

8. The recommendation to eliminate violations identified by the results of preventive control without visiting the subject (object) of control must be executed within ten working days from the day following the day of its delivery (notification).

9. In case of disagreement with the violations specified in the recommendation on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control, the subject of control has the right to send an objection to the authorized body or its territorial divisions within five working days from the day following the day of delivery of the recommendation on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control.

10. Preventive monitoring without visiting the subject (object) of control is carried out no more than once every six months.

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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