Consumer Rights Protection in International and Municipal Law: Problems and Perspectives

By Zharkenova, S. B.; Kulmakhanova, L. Sh. | European Research Studies, October 2015 | Go to article overview

Consumer Rights Protection in International and Municipal Law: Problems and Perspectives


Zharkenova, S. B., Kulmakhanova, L. Sh., European Research Studies


Introduction

At present under the conditions of forced economy industrialization, the government of Kazakhstan creates equal opportunities for all the parties of commodity-money relations regardless of their form of ownership. Laws of competition in the economy do not always stand for consumers. Chasing the profits, businesspeople tend to forget about the consumers' needs, and that is when the laws of consumer rights protection should be applied.

Civil legislation treats the parties as equal under a commercial treaty, so an entrepreneur as a seller and a consumer as a buyer may be regarded as partners. However, it is only a facade of these relations as it is the consumer who is a crucial party. As the consumer possesses purchasing power, the eventual outcome of manufacturer's activity depends on consumer's actions.

Many of the wold countries have initiated government measures of consumer protection in order not to allow a manufacturer to have a dominant position at the market, to protect a consumer from defective goods and lack of essential information about the manufacturer and the goods, to enable guaranteed equal conditions at the market for consumers. It was the squeezed position of consumers that made them actively protect their rights. In this way, the so-called consumer movement appeared which contributed to formation of modern consumer protection legislation.

All the living people are consumers regardless of their age, sex, complexion and creed [1, p.32].

Commercial organizations, manufacturers and performers of the work and services provide satisfaction of consumer demands for different goods and services. Beyond controversy, in Kazakhstan the development of market relations is primarily aimed at saturation of market with different goods and services. However, besides positive sides of market economy, it also has negative features: fraud, cheating on the weights, cheating in accounts, sale of adulterated and defective products, providing of inconsistent services. Under such conditions each consumer needs government support and protection from such negative phenomena. Kazakhstan asserts consumers' rights, forcing businesspeople to offer only high-quality goods, services and work. Consumers' rights are vested in different laws and regulations. Nevertheless, adoption and development of such laws does not reduce the quantity of consumers' rights infringements.

The problem of relations regulation between manufacturers and consumers as to the goods quality exists in all the countries. Having used global experience in this sphere, the government of Kazakhstan has also created quite effective legal framework for consumer rights protection.

A need to develop the framework for consumer rights protection in view of global trends is reflected in the Conception of Kazakhstan Legal Policy for 2010-2020. In this regard a new version of the law is a measure for enhancement of efficiency of consumer rights protection [2, 3].

At present Kazakhstan legal system for consumer rights protection is based on the Constitution the Republic of Kazakhstan and includes the Civil Code of the Republic of Kazakhstan (CC RK), the Consumer Rights Protection Act of the May 4, 2010 and other regulative acts of Kazakhstan. The laws of the Republic of Kazakhstan stipulate consumer rights in the spheres of finances, social relations, medicine, tourism and other services. In case there is an international treaty ratified by Kazakhstan, which establishes rules different from those established by the Consumer Rights Protection Act, the international rules prevail [3].

The Article No. 13 of the Constitution of RK states: "1. everyone shall have the right to be recognized as subject of the law and protect his rights and freedoms with all means not contradicting the law including self-defence. 2. Everyone shall have the right to judicial defence of his rights and freedoms. …

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