Judicial practice on consumer protection
This summary was conducted in accordance with the work plan of the Supreme Court for the first half of 2018, in order to study judicial practice in civil cases arising from consumer protection disputes, identify problematic issues in the consideration of cases in this category, develop proposals for the formation of uniform judicial practice and improvement of legislation. The summary was carried out in accordance with the approximate list of issues developed by the Supreme Court and Methodological Recommendations for organizing and conducting summaries of judicial practice in civil cases, approved on June 20, 2005, based on a study of civil cases and judicial acts requested from the courts of the republic, certificates based on the results of generalizations by regional and equivalent courts. Earlier, the Almaty Regional Court conducted a summary on this topic on behalf of the Supreme Court in 2015 through the Information base "Torelik". The main regulatory legal acts regulating relations arising from consumer rights protection disputes are: the Constitution of the Republic of Kazakhstan, the Civil Code of the Republic of Kazakhstan, the Civil Procedure Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Consumer Rights Protection" dated May 4, 2010 with amendments and additions dated April 21, 2016, the regulatory resolution of the Supreme Court No. 7 of the Republic of Kazakhstan dated July 25, 1996 "On the practice of Application by Courts of Legislation on Consumer Rights protection", Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On the application by courts of certain norms of civil procedure legislation" dated March 20, 2003 No. 2, regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On the preparation of civil cases for trial" dated December 13, 2001 No. 21, Code of the Republic of Kazakhstan "On Taxes and Other mandatory payments to the Budget", The Code of the Republic of Kazakhstan dated September 18, 2009 No. 193-IV "On the health of the people and the healthcare system", as well as other regulatory legal acts of the Republic of Kazakhstan.
Judicial practice on consumer protection
Legislation on consumer protection disputes regulates the relationship between a citizen who intends to order or purchase or who orders, purchases or uses goods (works, services) exclusively for personal, family, household and other needs unrelated to entrepreneurial activity, on the one hand, and an organization or individual entrepreneur producing goods for sales to consumers who sell goods to consumers under a purchase and sale agreement, perform work and provide services to consumers under a paid agreement, on the other hand. The rights of consumers in the fields of financial, social, medical, tourism and other services, as well as issues of their protection, are established by special laws of the Republic of Kazakhstan. The provisions of the Law of the Republic of Kazakhstan "On Consumer Rights Protection" (hereinafter referred to as the Law "On Consumer Rights Protection") apply to these legal relations in the part not regulated by special laws. Relations with consumers, their rights and obligations, the procedure for exercising and protecting these rights, as well as the rights and obligations of sellers, manufacturers, performers of works and services, except for the above legal norms, are regulated by contracts and other transactions provided for by law or not contrary to it. It follows from the above statistics that the largest number of cases in this category have been completed by district and equivalent courts in East Kazakhstan (193), Karaganda (165) regions, Astana (124), and North Kazakhstan (114) regions. Thus, the courts of the Karaganda region received 185 cases and applications in total, of which 110 were considered with a decision. During the specified period, the courts of the East Kazakhstan region completed 85 cases with a decision, 201 cases and applications were received in total. During the specified period, the courts of the city of Astana considered 81 cases with a decision, 146 cases and applications were received. According to the generalized category, for the 12 months of 2017, the regional and equivalent courts of the republic reviewed a total of 143 civil cases on appeal, of which judicial acts remained unchanged in 121 cases, 4 were canceled, and 13 cases were changed. In the cassation procedure, the Supreme Court upheld 1 judicial act. Thus, the statistical data provided indicate a stable practice of considering civil cases of the generalized category.
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