Law of the Republic of Belarus

Law of the Republic of Belarus

No. 90-Z of January 9, 2002

[Amended as of October 29, 2015]

 

On Protection of the Rights of Consumers

 

Adopted by the House of Representatives on December 5, 2001

Approved by the Council of Republic on December 20, 2001

 

CHAPTER 1

GENERAL PROVISIONS

 

Article 1. Basic Terms and Their Definitions

In this Law the following basic terms and their definitions are used:

safety of goods (works, services) – the whole set of properties and characteristics of the goods (works, services) at which the goods (works, services) are not harmful and dangerous for the life, health, heredity, property of the consumer and environment at common conditions of usage of the goods (result of work, services), storage, transportation and utilization of the goods (result of work);

guarantee period – a calendar period set in days, months, years or operating time set in hours, action cycles, kilometers of run or other analogous indicators provided by the legislation or contract during which the goods (result of work, service) shall comply with the requirements to their quality determined in the order established by the legislation;

document confirming the fact of purchase of goods (executing work, rendering service) – cash (commodity) check or receipt to the receipt cash voucher, receipt to the coupon, appropriately drawn technical passport, instruction to exploitation, users’ manual, other document containing the information on the name of goods (work, service), price of the goods (work, service), date of the goods acquiring (term of executing work, rendering service), seller (executor), drawn in the order approved by the Ministry of Trade of the Republic of Belarus unless another order provided for by normative legal acts of the President of the Republic of Belarus;

expensive goods – goods the price of which exceeds four hundred or more times the size of the base unit established as of the day of sale of goods to the consumer;

manufacturer – organization, its affiliate, representative office, another separate subdivision situated out of the place of location of the organization, individual entrepreneur, manufacturing goods for realization to consumer, and also another natural person carrying out fabrication of goods within the framework of handicraft activity or manufacturing goods realization of which by such a person at a market place or at another place established by the local executive and administrative body is not prohibited in accordance with the legislation for subsequent realization thereof, including one-time realization, at mentioned places (later on– natural person manufacturing goods);

executor – organization, its affiliate, representation, other separate subdivision situated out of the place of location of the organization, individual entrepreneur executing works or rendering services to consumer, and also other natural person executing works or rendering services within the framework of handicraft activity or rendering services in the sphere of agro-ecotourism (further – natural person executing works, rendering services);

quality of goods (work, service) – the whole set of properties and characteristics of the goods (works, services) referred to their ability to satisfy established and (or) supposed needs of the consumer (safety, functional aptitude, exploitation characteristics, reliability, economic, information and esthetic requirements and other);

quantity of goods (result of work) – weight, volume, length, area or quantity of items of the goods (result of work);

large-dimension goods – goods the size of which exceeds 150 centimeters in the sum of three dimensions (height, width, length):

defect of goods (work, service) – incompliance of goods (work, service) to normative documents establishing requirements to the quality of goods (work, service), other legislation or terms of the contract;

normative documents establishing requirements to the quality of goods (work, service) – technical normative legal acts in the sphere of technical regulation and standardization, sanitary norms, rules and hygienic normatives, other technical normative legal acts establishing requirements to the quality of goods (works, services);

supplier – organization, individual entrepreneur carrying out the activity in the territory of the Republic of Belarus on realizing the purchased goods to other organizations, individual entrepreneurs, other natural persons for using them in entrepreneur activity and for other purposes being not connected with personal, family, domestic or other similar usage, including organization, individual entrepreneur carrying out activity on importation of the goods into the territory of the Republic of Belarus for their further realization in the territory of the Republic of Belarus (further – importer);

consumer – natural person having the intention to order or purchase or the one who order, purchase the goods (work, service) or use the goods (result of work, service) exclusively for personal, family, domestic and other needs being not connected with carrying out the entrepreneur activity;

representative of manufacturer, seller, supplier (further – representative) – organization, its affiliate, representation, other separate subdivision situated out of the place of location of the organization, individual entrepreneur carrying out the activity on the basis of the contract with manufacturer (seller, supplier) and the ones authorized by it/him/her to accept and (or) satisfy demands of consumers in respect of the goods (result of work, service) of inadequate quality; 

seller – organization, its affiliated society, representative office or another separate subdivision situated out of the place of location of the organization, individual entrepreneur, and also another natural person carrying out realization of goods within the framework of handicraft activity or realization, including one-time realization, at a market place or at another place established by the local executive and administrative body is not prohibited in accordance with the legislation (later on, unless otherwise provided for by this Law, – natural person carrying out realization of goods in the framework of handicraft activity or one-time selling goods at the market);

repair organization – organization, its affiliate, representation, other separate subdivision situated out of the place of location of the organization, and also for the purposes of this Law individual entrepreneur carrying out elimination of defects of a good, including during the guarantee period, other natural person carrying out repair of the goods within the frameworks of handicraft activity;

validity period – period on the expiry of which the good (result of work) is considered to be unusable;

service life – calendar period set in days, months, years or operating time set in hours, action cycles, kilometers of run or other analogous indicators provided by the legislation or contract on the basis of functional purpose (result of work) within which the manufacturer (executor) is obliged to provide the consumer with the possibility to use the goods (result of work) according to their purpose and bear responsibility for the defects appeared under his/her/its fault;

storage period – the period within which the goods (result of work) at observance of established conditions of storage preserve qualities and characteristics indicated in normative documents establishing the requirements to the quality of goods (work, service) and (or) in the contract;

essential defect of goods (work, service) – unrepairable defect or defect that cannot be eliminated without incommensurable expenses (in the amount of thirty and more percent from the goods’ cost (work, service) which is determined as of the moment of defect’s elimination) or incommensurable expenditure of time (which exceeds maximum allowed expenditure of time established by technical normative legal acts for elimination of analogous defect) or is detected repeatedly or appears again after its elimination or other similar defects.

 

Article 2. Scope of the Law

1. This Law is applied to relations between consumers and manufacturers, sellers, suppliers, representatives, executors and repair organizations arising from retail sale-purchase contract, works contract, contracts of lease, insurance, bailment, energy conservation, commission, carriage of passenger and his/her luggage, cargo carriage, onerous rendering services and other similar contracts.

2. Protection of the consumers’ rights connected with relations arising from the contract of creation of the shared construction object is carried out in accordance with this Law and other legislation on protection of consumers’ rights in the part not contradicting normative legal acts of the President of the Republic of Belarus.

 

Article 3. Legal Regulation of Relations in the Sphere of Protection of Consumers’ Rights

1. Relations in the sphere of protection of consumers’ rights are regulated by the Civil Code of Republic of Belarus, by this Law and other legislation.

2. State bodies have no right to adopt normative legal acts contradicting the provisions of this Law, including normative legal acts that can limit the rights of consumers and reduce the guarantees of their protection compared to those provided by this Law, unless otherwise established by the Constitution of the Republic of Belarus or normative legal acts of the President of the Republic of Belarus.

3. The Government of the Republic of Belarus has no right to entrust the state bodies subordinate to it to adopt normative legal acts containing the norms on protection of consumers’ rights, unless otherwise established by this Law and (or) normative legal acts of the President of the Republic of Belarus.

 

Article 4. Treaties

If a treaty of the Republic of Belarus establishes other rules than those provided by this Law the rules of the treaty shall be applied.

 

Article 5. Consumer’s Rights

1. A consumer has the right to:

1.1. enlightenment in the sphere of protection of consumers’ rights;

1.2. information on goods (works, services) and also on their manufacturers (sellers, suppliers and executors);

1.3. free choice of goods (works, services);

1.4. proper quality of goods (works, services), including safety of goods (works, services), proper completeness of set, proper quantity of goods (result of work);

1.5. compensation at a full amount of the damages, harm caused in consequence of the goods’ (works’, services’) defects, including compensation of moral harm;

1.6. state protection of his/her rights, including the right to applying to the court and other authorized state bodies for protection of violated rights or interests protected by this Law and other legislation;

1.7. public protection of his/her rights;

1.8. creation of consumers’ public associations.

2. A consumer has also other rights provided by this Law and other legislation.

3. The state guarantees the protection of the rights and legal interests of the consumers.

 

Article 6. Securing of the Consumer's Right to Enlightenment in the Sphere of Protection of Consumers’ Rights

The right of consumer to enlightenment in the sphere of protection of consumers’ rights is secured by informing consumer by state bodies, consumer’s public associations, sellers, executors, manufacturers on his/her rights and necessary actions on protection of these rights, including by inclusion of the issues on basics of consumers’ knowledge into the curriculum documentation of educational programs of the general secondary and special education.

 

Article 7. Information on Goods (Works, Services)

1. Manufacturer (seller, supplier, representative, executor) is obliged to timely provide the consumer with necessary and valid information on the goods (works, services) offered which complies with the requirements to content and means of delivery of such information established by the legislation and commonly demanded from the retail trade, consumer services and other kinds of services of the consumers. The list and means of bringing such information to the consumers’ notice on certain kinds of goods (works, services) are established by the Government of the Republic of Belarus unless otherwise established by the President of the Republic of Belarus.

2. Information on goods (works, services) shall obligatory contain (except for the information provided by clause 8 of this article):

2.1. name of goods (work, service);

2.2. kinds and peculiarities of the works (services) offered;

2.3. indication of normative documents establishing the requirements to the quality of goods (work, service) (for the goods (work, service) manufactured under such normative documents;

2.4. information on the main consumer properties of goods (results of works, services) and in relation to the food products – on the content, nutrition value (for the products intended for children’s, medical and diet nourishment – calorie value, presence of vitamins and other indicators about which it is necessary to inform the consumer according to the legislation), indication of the fact that the food product is genetically modified if genetically modified ingredients (components) are used in it, and also in case and in order determined by the Government of the Republic of Belarus information on presence of substances harmful to life and health of the consumer, comparison (correlation) of this information with the requirements of normative documents establishing the requirements to the quality of goods (work, service), on indications for application by certain age groups;

2.5. price and terms of payment for goods (works, services);

2.6. guarantee period, if it is established;

2.7. recommendations on cooking of food products, if it is required according to the specific character of such products;

2.8. date of manufacturing and (or) service life and (or) validity period and (or) storage period of goods (results of works) established in accordance with clauses 1 and 2 of article 13 of this Law, indication of the conditions of storage of goods (results of works), if they are different from common conditions of storage of corresponding goods (results of works) or require special conditions of storage, and also information on necessary actions of the consumer after expiration of the mentioned periods and possible consequences at non-fulfillment of such actions, if the goods (results of work) after expiration of the mentioned periods are dangerous to life, health, heredity and property of the consumer and environment or become invalid for usage according to their purpose;

2.9. name (firm name), place of location of the manufacturer (seller, executor) and in the case of their presence – of importer, representative, repair organization authorized by the manufacturer (seller, supplier, representative) to eliminate defects of the goods and (or) to technically maintain the goods; if the manufacturer (seller, importer, representative, executor, repair organization) is individual entrepreneur – surname, name, patronymic and place of residence of the individual entrepreneur;

2.10. information on confirmation of conformity of goods (works, services) subject to obligatory confirmation of conformity to the requirements of technical normative legal acts in the sphere of technical rate setting and standardization;

2.11. indication of the concrete person that will execute the work (render service) and information about him/her, if it is important because of the character of work (service);

2.12. quantity or completeness of goods (result of work);

2.13. identification bar code if obligatory marking of goods by such code is provided by the legislation;

2.14. necessary information on the rules and conditions of effective and safe usage of goods (results of works, services), including on care for them and other information that is obligatory for giving to the consumer according to the legislation or according to corresponding contracts, including information related to corresponding contract and which is given upon the consumer’s request;

2.15. indication of usage of phonograms at rendering entertainment services by performers of music compositions;

3. At sale non-food products to the consumer the service life and (or) storage period of which have expired (except for remedies) but selling of which is permitted in accordance with clause 3 of article 13 of this Law the information on expired service life and (or) storage period of goods, on date and number of permission for further selling them and the period during which the goods can be used shall be submitted to the consumer.

4. At selling goods to the consumer (executing works, rendering services) on samples, descriptions of the goods (works, services) contained in catalogues, prospectuses, advertisement, booklets or represented in photos and other information sources, including in global computer network Internet, the seller (executor) shall submit to the consumer:

4.1. before the moment of concluding contract – information provided by sub-clauses 2.1.– 2.12 and 2.15 of clause 2 of this article and also information on the term of delivery of the goods (executing work, rendering service), the price and conditions of payment for the goods delivery;

4.2. at delivery of the goods ­– also the information provided by sub-clauses 2.13 and 2.14 of clause 2 of this article.

5. At rendering catering services to the consumer the information on the composition of food products, dishes, culinary products indicated in menu, methods of culinary processing them shall be submitted to the consumer upon his/her request.

6. If the goods acquired by the consumer were previously used or a defect (defects) was eliminated in them, the consumer shall be notified about it. In case of acquiring of such goods the information on presence of the defect (defects) shall be indicated in the document proving the fact of purchase.

7. At selling confiscated goods or the goods turned to the state income by other means the information that the goods are confiscated or turned to the state income by other means shall be submitted to the consumer.

8. In the case the seller (executor) is a natural person carrying out selling goods in the frameworks of handicraft activity or selling goods at the market (executing works, rendering services) to the consumer there shall be submitted to the consumer the information on the name, price of goods (work, service), on conditions of storage of goods (result of work), using goods (result of work, service) if they differ from common conditions of storage of goods (results of works), using goods (results of works, services) or require special conditions of storage, using.

9. Information provided by clauses 1–8 of this article is brought to consumer’s notice in Russian or Belarusian languages in the documentation enclosed to the goods (works, services), on consumer container (package), labels or by other means customary for the certain kinds of goods (works, services). Information reported or delivered in foreign language is considered to be not presented except for the cases, when it was reported or delivered in foreign language upon the consumer’s request.

At selling goods to the consumer (executing works, rendering services) on samples, descriptions of the goods (works, services) contained in catalogues, prospectuses, advertisement, booklets or represented in photos and other information sources, including in global computer network Internet, before the moment of concluding contract the information provided by sub-clauses 2.1, 2.5, 2.6 and 2.9 of clause 2 of this article and also the information on the term of delivery of the goods (executing work, rendering service), the price and conditions of payment for delivery of the goods is brought to the notice of the consumer in these information sources, including in global computer network Internet. Other information provided by sub-clauses 2.2-2.4, 2.7, 2.8, 2.10-2.12 and 2.15 of clause 2 of this article before the moment of concluding contract can be brought to the notice of the consumer in oral form.

10. While selling food products and other goods filled and packed into the consumer’s tare (package) not at the place of their manufacture except for information specified in clause 2 – 4, 6 and 7 of this Article, the consumer must be submitted and information on filler and packer.

11. While selling good (carrying out the work, rendering service) to the consumer, the seller (executor) is obliged to give a cash (commodity) check or another document conforming the payment of the good (carrying out the work, rendering service). Requirement of this clause do not cover cases when the seller (executor) is a natural person performing the selling of goods within the framework of handicraft activities or selling goods at the market (carrying out works, rendering services).

 

Article 8. Information on Manufacturers (Executors, Sellers)

1. Manufacturer (executor, seller) – organization, its affiliate, representation, another separate subdivision situated out of the place of location of the organization is oblige to bring to consumer’s notice its name (firm name), place of location and working hours, as well as the name of trade object or the object of service in which selling of goods (carrying out of works, rendering services) is performed to the consumer, unless such a name coincide with name (firm name) of the organization and other necessary data in accordance with legislation.

Manufacturer (executor, seller) – individual entrepreneur shall submit to the consumer an information on their surname, name, patronymic, place of residence, working hours, name of trade object or the object of service in which selling of goods (carrying out of works, rendering services) is performed to the consumer (at the presence of such name), as well as on the state registration and name of the body which carried out its state registration in the capacity of individual entrepreneur, and other necessary data in accordance with legislation.

Manufacturer (executor, seller) – natural person manufacturing goods (performing selling of goods with in the framework of handicraft activities or one-time selling goods at the market, carrying out works, rendering services) shall submit to the consumer an information on their name, surname, patronymic.

2. If type (types) of activities to be carried out by the manufacturer (executer, seller) is subject to licensing, the consumer shall be submitted an information about the number of special permit (license), term of its validity, state body or state organization which have issued that special permit (license), as well as upon the request of the consumer and in other cases provided for by the legislation, the possibility of acquaintance with the original or a copy of special permit (license) drawn up in the prescribed order shall be submitted.

3. Manufacturer (executer, seller) places the information provided for by the clause 1 of this Article at the signboard or by other accessible way accepted in trade, domestic and other kinds of consumers` service, and the information provided for by the clause 2 of this Article – by accessible way at the place of location or place of residence of the manufacturer (executor, seller).

The information provided for by clause 1 and 2 of this Article shall be brought to consumer’s notice also while performing traveling trade, trade on fair, at the market, as well as in the other cases, if retail trade, domestic service and other kinds of consumers` service are performed out of the place of location or place of residence of the manufacturer (executor, seller).

While selling goods (carrying out works, rendering services) to the consumer according to patterns, descriptions of goods (works, services) containing in catalogues, prospectuses, posters, booklets or representing by means of photos or other informational sources including the global computer network Internet, the information provided for by clauses 1 and 2 of this Article shall be brought to the consumer’s notice in those catalogues, prospects, posters, booklets or submitted by means of photos or other informational sources including the global network Internet.

4. The information provided for by clauses 1 and 2 of this Article is brought to the consumer’s notice in Belarusian or Russian languages. Information reported or submitted in foreign language is deemed to be not given with the exception of the cases when it was reported or conveyed on foreign language at the consumer’s request.

 

Article 9. Working Hours of the Seller (Executor)

1. Working hours of the seller (executor) is fixed upon agreement with local executive and administrative bodies and shall conform to the working hours declared.

2. Requirements of this Article do not cover cases when seller (executor) is a natural person performing selling of goods within the framework of handicraft activities or selling goods at the market (carrying out works, rendering services), as well as other cases provided for by the legislation.

 

Article 10. Right of Consumer to Free Choice of Good (Work, Service)

1. Consumer has the right to free choice of good (work, service) of proper quality and at convenient for him/her time with regard of working hours of the seller (manufacturer, executor).

2. Seller (manufacturer, executor) is obliged to render assistance to the consumer in his/her free choice of the good (work, service).

3. Certain categories of consumers may be granted privileges and advantages in trade, domestic and other kinds of consumer consumers` service in the order established by the legislation.

4. Establishment of any other advantages, direct and indirect restrictions while choosing good (work, service) is not allowed with the exception of the advantages or restrictions provided for by the legislation.

 

Article 11. The Right of Consumer to Proper Quality of Good (Work, Service), Completeness, Quantity of Good (Result of the Work)

1. If the legislation envisages obligatory requirements to the quality of good (work, service), the seller (manufacturer, executor) is obliged to hand good (carry out work, render service) to the consumer which satisfies these requirements.

2. Consumer has the right to check the quality of good (work, service),completeness, quantity of good (result of the work), to hold at his/her presence demonstration of workability, due and safe use of good (result of the work), if it is not excluded because of the character of goods.

Seller (executor) is obliged to demonstrate the workability of good (result of the work) and hand to the consumer good (carry out f work, render service) the quality of which conform to the submitted information about good (work, service), requirements of the legislation and conditions of the contract, as well as upon the request of the consumer to grant him/her necessary control tools of dimensions provided for by the rules of retail trade, with valid certificates on checking tools of dimension and signs of dimensions` tool check, documents certifying quality of a good (result of the work, service), its completeness and quantity.

3. At the absence in legislation and (or) contract of the conditions on quality of a good (work, service), the consumer is obliged to hand to the consumer good (carry out work, render service) which corresponds with usually presented requirements and suits for the purposes the good (result of the work, service) of such kind is usually used for.

4. If the seller (executor) the conclusion of the contract has been notified about concrete purposes of acquiring a good (carrying out the work, rendering service), the consumer (executor) is oblige to hand good (carry out work, render service) of the proper quality to the consumer which suites for the use according to these purposes.

5. While selling goods (carrying out works, rendering services) according to patterns, descriptions of goods (works, services) containing in the catalogues, prospects, posters, booklets and presented by means of photos or other informational sources including the global computer network Internet, the seller (executor) is oblige to hand good (carry out work, render service) to the consumer the quality of which conforms to such patterns descriptions, as well as to the requirements of the legislation.

6. Consumer has the right for a good (result of the work, service) to be safe for life, health, heredity, property of the consumer and environment under the established conditions of using good (result of the work, service), storage, transportation and utilization of the good (result of the work). The requirements which must provide with safety of the good (work, service) are obligatory and established in accordance with legislation.

7. It is prohibited to sell good (carry out work, render service) with defects the presence of which is a breach of the established by the legislation requirements on its safety.

 

Article 12. Duties of the Manufacturer (Executor, Seller) under the Protection of Good (Work, Service)

1. Manufacturer (executor, seller) is obliged to protect good (result of the work) within the established service life or validity period of the good (result of the work).

If the manufacturer (executor) did not establish the service life for the good (result of the work) and the selling of such a good is allowed without such a period, he/she is obliged to protect good (result of the work) within ten days after the day of selling the good (result of the work) to the consumer.

2. Manufacturer (executor, seller) is obliged to inform the consumer about possible risk and also about the conditions of safe use of a good (result of the work, service) with a help of the respective signs accepted in the Republic of Belarus and (or) under the international practice. Even so, if the safe use of a good (result of the work, service), storage, transportation or utilization of a good (result of the work) requires an observation of the special rules, the manufacturer is obliged to specify it in the documentation to be enclosed to the good (result of the work, service), at the label or by other accessible (known) and understandable to the consumer way which allows him/her to get acquainted with those rules, and the seller (executor) is obliged to bring these rules to the consumer’s notice.

3. Conditions for realization of produce harvested in the territories affected by radioactive pollution as a result of the catastrophe at the Chernobyl power plant are regulated by Article 29 of the Law of the Republic of Belarus of May 26, 2012 “On legal regime of territories affected by radioactive pollution as a result of the catastrophe at the Chernobyl power plant.

4. It is not allowed to sell good (carry out work, render service) subject to hygienic regulation and registration and (or) obligatory confirmation of compliance with the requirements of technical normative legal acts in the field of technical regulation and standardization, without respective certifications on state hygienic registration and (or) the documents about estimation of the compliance with requirements of technical normative legal acts in t the field of technical regulation and standardization to be issued in the established order.

5. If the consumer observes rules established for usage of a good (result of the work, service), storage, transportation or utilization of the good (result of the work) he/she causes or may cause harm to life, health, heredity, property of the consumer and environment, the manufacturer (executor, seller) shall immediately suspend its manufacturing (selling) prior to the elimination of causes of the harm. If the causes of harm are impossible to eliminate, the manufacturer (executor, seller) shall take out such a good (work, service) of manufacturing (selling) and inform the respective state bodies about it in time, take all necessary measures for timely informing of the customer about possible danger for his/her life, health, heredity, property and environment by means of mass media, for withdrawal of a good (work, service) from the turnover and revocation from the consumer.

The informing of the consumer about the goods (work, services) constituting danger for his/her life, health, heredity, property and environment, is implementing at the cost of the manufacturer (executor, seller).

6. At non-fulfillment by the manufacturer (executor, seller) of the duties provided for by clause 5 of this Article, the taking out good (work, service) of manufacture, withdrawal thereof from the turnover and revocation from the consumer are performed upon the prescription of the respective state body, as well as by the decision of the court.

The damages caused to the consumer in connection with non-execution of those duties by the manufacturer (executor, seller) are subject to compensation in full amount by the respective manufacturer (executor, seller).

The damages caused to the consumer in connection with revocation of a good (work, service) are subject to compensation in full amount.

 

Article 13. Rights and Duties of Manufacturer (Executor, Seller) under the Establishment of Service Life, Validity Period, Storage Period of a Good (Result of the Work), as well as Warranty Term for a Good (Result of the Work, Service)

1.Manufacturer (executor) is obliged to set service life of a good (result of the work) of long-term use including the component products and component parts of the basic product, which may be dangerous to life, health, heredity, property of the consumer and environment, upon the expiration of certain period. The list of such goods (results of works) is established by the Government of the Republic of Belarus.

2. For the food products, perfume make-up goods, medicaments or other similar goods (results of works) consumer properties of which may get worse, the manufacturer (executor) is obliged to set validity period and or storage period.

Goods (results of works) for which validity period and (or) storage period are established, the seller (manufacturer) is obliged to transfer to the consumer with consideration of the fact of using its according to the purpose prior to expiration of the validity period and (or) storage period.

3. Selling of good (result of the work) upon the expiration of the established validity period and (or) storage period, service life, as well as a good (result of the work) for which the service life, validity period and (or) the storage period must be established, but it does not so, is to be prohibited. Selling of certain non-food goods, service life and (or) storage period are terminated (except for medicaments) may be permitted in the order established by the Government of the Republic of Belarus according to the results of performing the respective examination of those goods. The permission for further selling, the service life and (or) the storage period of which are expired, shall contain indication for term within of which the goods is possible to use.

4. Manufacturer (executor) is obliged to establish for good (result of the work, service) a validity term in the case and on the terms provided for by the legislation.

A validity term for the good to be produced outside the Republic of Belarus shall be not less than the validity term provided for by the legislation of the Republic of Belarus for an analogous goods to be produced outside the Republic of Belarus. If manufacturer of the good to be produced outside the Republic of Belarus has established a warranty term of less duration than the validity term provided for by the legislation for analogous goods to be produced outside the Republic of Belarus, the supplier is obliged to establish for such a good the validity term provided for by the legislation.

5. Seller is obliged to establish for good a validity term, if the manufacturer (supplier) did not fulfill the obligation on establishment thereof provided for by the legislation or did not fulfill it improperly.

Seller is obliged to establish for good an additional validity term over the validity term provided for by the legislation and (or) established by the manufacturer (supplier), as well as the validity term for the good for which the validity term is not established by the manufacturer (supplier) and the obligation on the establishment thereof is not provided for by the legislation.

Seller is not entitled to establish or declare a validity term for a good less than the validity term established by manufacturer (supplier).

6. Requirements provided for by part one of clause 2, clause 4, part one of clause 5 of this Article do not cover cases when the seller (manufacturer, executor) is a natural person performing the selling of goods within the frameworks of handicraft activities or selling of goods at the market (manufacturing goods, fulfilling works, rendering services).

 

Article 14. Duties of the Manufacturer (Seller, Supplier, Executor) under the Ensuring of Possibility to Use Good (Result of the Work) According to the Purpose, Repair thereof and Technical Maintenance

1. Manufacturer (supplier, executor) is obliged to ensure the possibility of using a good (result of the work) according to the purpose within the service life thereof.

2. Manufacturer (executor) ensures possibility of renovation and technical maintenance of a good (result of the work), production and delivery of spare parts to the trade and repair organizations in the volumes and assortment necessary for renovation and technical maintenance within the term of manufacturing good (fulfilling work), after its taking out from the manufacture (terminating the fulfillment of work) - within the service life of a good (result of the work) and at the absence of such a term – within ten years after the day of selling the good (fulfilling the work) to the consumer.

3. Seller ensures possibility of technical maintenance (except for immovable property) and renovation of a good within the warranty term, but if the warranty term is not established or is less then two years – within two years after the day of selling a good to the consumer, unless longer terms established by the legislation and (or) by a contract.

4. The requirements of this Article do not cover cases when the seller (manufacturer, executor) is a natural person carrying our selling of goods within the frameworks of handicraft activities or selling goods at the market (manufacturing goods, carrying outworks).

 

CHAPTER 2

CIVIL LEGAL LIABILITY FOR THE BREACH OF RIGHTS OF THE CONSUMER

 

Article 15. Civil Legal Liability of the Seller (Manufacturer, Supplier, Representative, Executor, Repair Organization) for the Breach of Rights of the Consumer

1. For the breach of rights of the consumer, the seller (manufacturer, supplier, representative, executor, repair organization) bears liability in accordance with legislation and (or) a contract.

2. Damages inflicted to the consumer are subject to compensation in full amount above the forfeit established by the legislation and (or) a contract.

3. Payment of the forfeit and compensation of damages do not exempt seller (manufacturer, supplier, representative, executor, repair organization) from execution of obligations entrusted to him/her in kind before the consumer.

4. Seller (manufacturer, supplier, representative, executor, repair organization) is exempted from liability for non-fulfillment or unduly execution of obligations if he/she proves that non-fulfillment or unduly fulfillment occurred as a result of irresistible force, as well as under other grounds that exclude liability and are provided for by this Law or other legislative acts.

5.  Seller (supplier) is entitled to demand replacement of the improper quality good returned by the consumer from the manufacturer or supplier which has sold there to such a good, as well as compensation of damages incurred by seller (supplier) in connection with restoration of the infringed consumer’s right, unless otherwise provided for by the normative legal acts of the President of the Republic of Belarus or a contract. In that case the manufacturer or the supplier selling the good to the seller (supplier) are exempted from liability if they proves that the defects of the good appeared upon the reasons which have arisen after transferring good to the seller (supplier).

 

Article 16. Civil Legal Liability of the Seller (Manufacturer, Supplier, Representative, Executor) for Improper Information about a Good (Work, Service)

1. If the consumer is not given an opportunity at the place of selling a good (fulfilling work, rendering service) to immediately get the necessary and adequate information about the good (work, service), the consumer is entitled to demand from the seller (manufacturer, supplier, representative, executor) a compensation of damages produced by ungrounded evasion from conclusion of a contract, and if the contract has been concluded –at reasonable time demand from the seller (executor) dissolution of the contract and return of the monetary sum paid for the good (work, service) or demand from the manufacturer (supplier, representative) a return of monetary sum paid for the good, as well as compensation of other damages.

At the dissolution of the contract and (or) return to the consumer a monetary sum paid for the good (work, service) in accordance with part one of this clause, the consumer is obliged to return good (result of the work, if it is possible due to the character thereof) to the seller (manufacturer, executor).

If while selling to the consumer goods according to patterns, descriptions of goods containing in the catalogues, prospects, posters, booklets or presented as photos or other informational sources including the global network Internet, the consumer is not given the opportunity to get necessary and adequate information about the good at the moment of delivery thereof, the consumer is entitled to refuse to purchase good without compensation to the seller costs connected with delivery of such a good.

2. Consumer is entitled to raise to the seller (manufacturer, supplier, representative. executor) which did not give to consumer the opportunity to get necessary and adequate information about good (work, service) the demands provided for by clauses 1-3, 5 and 6 of Article 20 and clauses 1, 3 and 4 of Article 31 of this Law and for those defects of the good (result of the work, service) to the consumer in relation to which the consumer proves that it has arisen in connection with the lack of such information.

3. If non-submission (inadequate and insufficient submission) of information about good (work, service) has entailed infliction of harm to life, health, heredity or property of the consumer, he/she is entitled to raise the demands to seller (manufacturer, executor) in accordance with Article 17 of this Law.

4. While considering consumer’s requirements on compensation of damages inflicted under the non-submission of necessary and adequate information about good (work, service), it should be proceeded from the assumption on consumer’s lack of special knowledge about properties and features of the good (work, service).

5. At the occurrence between a consumer and a seller (manufacturer, supplier, representative, executor) of the dispute on authenticity of submitted information about good (work, service) the seller (manufacturer, supplier, representative, executor) is obliged to examine the authenticity of information on own account in the order established by the Government of the Republic of Belarus. Place and time for the examination shall be notified to the consumer in written. The consumer is entitled to take part in examination by self or through its representative, as well as to dispute conclusion of the examination by court. If the lack of violations on the part of the seller (manufacturer, supplier, representative, executor) will be established, the consumer is obliged to compensate to the seller (manufacturer, supplier, representative, executor) costs for examination.

 

Article 17. Compensation of Harm Inflicted in Consequence of the Defects of a Good (Work, Service)

1. The harm inflicted to life, health, heredity or property of the consumer in consequence of constructive or prescribed defects of good (work, service) as well as in consequence of inadequate and insufficient information about the good (work, service) is subject to compensation in full amount by the seller (manufacturer, executor) regardless of fault thereof and of contractual relations the consumer was therewith or not.

2. The harm inflicted in consequence of defects of the good (result of the work, service) is subject to compensation if it arose within the established term of validity or service life of the good (result of the work), and at the absence of which – within ten years after day of manufacturing good (fulfilling work, rendering service).

3. If in defiance of the requirements of legislation the validity term or service life of the good (result of the work) are not established or the person to whom the good is sold (for whom the work is done) was not notified about necessary actions upon the expiration of the validity term or service life of the good (result of the work) and possible consequences at the non-fulfillment of specified actions, the harm is subject to compensation regardless of time of infliction thereof.

4. The harm inflicted in consequence of the defects of a good is subject to compensation by the seller or good’s manufacturer according to the choice of consumer.

5. The harm inflicted in consequence of the defects of a work or a service is subject to compensation by the executor.

6. Manufacturer (executor) bears liability for the harm inflicted to life, health, heredity or property of the consumer in connection with usage of materials, equipment, tools and other means while manufacturing goods (fulfilling works, rendering services) regardless of the fact whether or not the level of scientific and technical knowledge of the manufacturer (executor) allows to detect its specific properties and characteristics.

7. Manufacturer (executor, seller) is exempted from liability in case if he/she proves that the harm arose in consequence of infringement by the consumer of established rules for using good (result of the work, service), storing, transporting good (result of the work) or actions of third parties or irresistible force.

 

Article 18. Compensation of Moral Detriment

1. Compensation of moral detriment inflicted to the consumer in consequence of violation by the manufacturer (seller, supplier, representative, executor, repair organization) of the consumer’s rights provided for by the legislation, is performed by the tortfeasor under his/her fault, unless otherwise provided for by the legislative acts.

2. Compensation of moral detriment is performed regardless of property harm which is subject to compensation. Compensation of moral detriment is performed in monetary form.

3. The amount of moral detriment compensation is determined by the court depending on the character of physical and moral suffering inflicted to the consumer, as well as on the degree of fault of the tortfeasor in the case when his/her fault is a basis for compensation of the detriment. At the determination of the amount of compensation of moral detriment the requirements of reasonableness and justice should be accounted.

4. The character of physical and moral suffering inflicted to the consumer is evaluated by the court with regard of actual circumstances under which detriment was inflicted and individual peculiarities of the consumer.

 

Article 19. Invalidity of Contract’s Conditions that Restrict the Rights of Consumer

1. Conditions of a contract which restrict the rights of consumer as compared with the rights established by this Law and legislation in the sphere of consumer’s rights protection are deemed to be null.

2. Setting conditions for purchasing good (work, service) with obligatory purchasing other goods (works, services) is to be prohibited. Damages inflicted to the consumer in consequence of violation of his/her right to free choice of a good (work, service) are compensated by the seller (executor) in full amount.

3. Seller (executor) is not entitled without the content of the consumer to do additional works (services) too be rendered at a charge. The consumer is entitled to refuse payment of such works (services), but in the case it has been paid – to demand from the seller (executor) return of the sum paid.

 

CHAPTER 3

PROTECTION OF THE RIGHTS OF CONSUMER WHILE SELLING GOODS TO THE CONSUMER

 

Article 20. Rights of the Consumer in the Case of Selling to Him/Her a Good of Improper Quality

1. Consumer to whom a good of improper quality has been sold, and the defects thereof have been stipulated by the seller, is entitled according to his/her own choice to demand:

1.1. change of inferior good by a good of proper quality;

1.2. proportional decrease of the purchase price of good;

1.3. immediately unpaid elimination of good’s defects;

1.4. compensation of costs under the elimination of the defects of good.

2. Consumer is entitled to demand change of highly technical good or an expensive good in the case of detection of essential defect thereof. The list of such highly technical goods is approved by the Government of the Republic of Belarus.

In the case of detection of defects of the good the properties of which do not allow to eliminate those defects (food products, goods of household chemistry and other), the consumer is entitled according to his/her own choice to demand change of such good by the good of proper quality or proportional decrease of the purchase price.

3. Instead of the submission of requirements specified in clause 1 and 2 of this Article, the consumer is entitled to dissolve a retail sale and purchase contract and demand return of the monetary sum paid for the good in accordance with clause 4 of Article 27 of this Law. In this case, the consumer shall return upon the request and at the seller’s cost the purchased good of improper quality. The consumer is entitled to return such a good without a consumer tare (package).

At the return of monetary sum paid for the good to the consumer, the seller is not entitled to withhold from it the sum to which the cost of the good is reduced because of full or partial use of the good, loss of a salable condition thereof or other similar circumstances.

4. The requirements specified in clause 1-3 of this Article are raised to a seller by the consumer.

5. The consumer is entitled to raise requirements specified in clauses 1.1, 1.3 and 1.4 of clause 1 of this Article to the manufacturer.

Instead of rising the requirements specified in part one of this clause, the customer is entitled to demand from the manufacturer a return of the monetary sum paid for the good in accordance with clause 4 of article 27 of this Law. In this case the consumer shall return, upon the request and at the manufacturer’s cost, the purchased good of a proper quality. The consumer is entitled such a good without a consumer tare (package).

6. In the case of economical insolvency (bankruptcy) of a seller (manufacturer), suspension or termination of its activities, consumer’s lack of the reliable data about the seller (manufacturer), in the case of a place of location or place of residence of the manufacturer outside the Republic of Belarus, the consumer is entitled to raise requirements specified in sub-clauses 1.1, 1.3 and 1.4 of clause 1 of this Article to a supplier, a representative.

At non-fulfillment by the supplier, representative of the requirements of the consumer, raised in accordance with part one of this clause, the consumer is entitled to return the good of improper quality accordingly to the supplier, representative and to demand return of the monetary sum paid for the good in accordance with clause 4 of Article 27 of this Law. The consumer is entitled to return such a good without a consumer tare (package).

7. The consumer is entitled to raise a demand on immediately unpaid elimination of defects of the good to a repair organization authorized by the manufacturer (seller, supplier, representative) for elimination of defects of the good within the warranty term.

8. Absence of the consumer’s document certifying the fact of purchasing good is not a basis for refusal in his/her demands.

To confirm the fact of purchasing good, the witness testimonies, elements of consumer tare (package) which have marks confirming the fact of purchase at the particular seller may be used, as well as the documents and other sources of proving that specify purchase of the good at the particular seller.

9. Seller (manufacturer, supplier, representative) is obliged to accept good of a proper quality from the consumer, and in the case of necessity – to perform inspection of good’s quality. The seller (manufacturer, supplier, representative) is oblige to inform the consumer about his/her right to participate in inspection of good’s quality, or if such inspection can not be performed immediately – about place and time for performing inspection of good’s quality.

At the origin between a consumer and a seller (manufacturer, supplier, representative) of the dispute about presence of the good and causes of origin thereof, the seller (manufacturer, supplier, representative) is obliged to perform examination of the good at its own cost in the order established by the Government of the Republic of Belarus. Place and time for performing examination shall be notified to the consumer in written.

Cost of the examination is paid by the seller (manufacturer, supplier, representative). If in the result of the examination is established that defects of the good are absent or arise after transferring good to the consumer in consequence of his/her infringement of the established rules of using, storing, transporting good and actions of third parties or irresistible force, the consumer is obliged to compensate to the seller (manufacturer, supplier, representative) expenses for performance of the examination as well as expenses connected with its performance for transporting good.

Consumer is entitled to take part in the inspection of good’s quality and in the performance of good’s examination personally or through his/her representative, to dispute conclusion of the good’s examination in court, as well as to perform examination of the good at his/her own cost.

10. In the case when the defects of the good are revealed by a consumer during the warranty term, the seller (manufacturer, supplier, representative) is responsible for the good’s defects if he does not prove the fact it arose after the transferring good to the consumer in consequence of his/her infringement of established rules for using, storing transporting good and of third parties` actions or an irresistible force.

In the case when a validity period is less than two years and the defects of the good are revealed by the consumer upon the expiration of the warranty term, but within the two years after the day of transferring good to the consumer, the seller (manufacturer, supplier, representative) is responsible for the good’s defects if the consumer does not prove that the defects arose prior to its transferring to the consumer or by the reasons which have arisen prior to the moment of transferring thereof.

Seller (manufacturer, supplier, representative) is responsible for the good’s defects for which the warranty term is not established, if the consumer proves that the defects arose prior to its transferring to the consumer or by the reasons having arisen prior to the moment of transferring thereof.

11. Return of large-sized goods or goods of improper quality weighing more than five kilograms to the seller (manufacturer, supplier, representative). as well as delivery of such goods for repair, proportional decrease of purchase price, replacement and return thereof to the consumer are carried out by forces and at the cost of the seller (manufacturer, supplier, representative). In the case of non-execution of that obligation, as well as if the seller (manufacturer, supplier, representative) has no its own place of location (place of residence) and subsidiaries or representations, other separated subdivisions in a settlement being the place of residence of the consumer, the delivery and return of specified goods may be carried out by the consumer. In this case, the seller (manufacturer, supplier, representative) is obliged to compensate to the consumer expenses connected with a delivery and return of goods specified.

 

Article 21. Terms for Rising Demands by the Consumer According to Defects of a Good

1. Consumer is entitled to raise the demands provided for by the Article 20 of this Law to the seller (manufacturer, supplier, representative) according to the defects of the good within a warranty term or a validity period of the good. If the warrant period is established by the seller in accordance with part two of clause 5 of Article 13 of this Law, the demands according to the defects of the good revealed within the specified warranty term are raised by the consumer to the seller.

In regard to the goods for which warranty terms or validity periods are not established either warranty terms are less than two years, the consumer is entitled to raise specified demands, if the defects are revealed within the two years after the day of transferring such goods to the consumer, and in regard to the immovable property – within three years after its transferring to the consumer, unless more long terms established by the legislation and (or) the contract.

2. Warranty term of a good is calculated from the moment of transferring good to the consumer, unless otherwise provided for by clauses 3 and 4 of this Article, another legislation or a contract. If it is impossible to determine the moment of transferring good, that term is calculated from the day of manufacturing good. If the date of manufacturing good specifies a month or a year only, the last day of a month or a year is deemed respectively to be the day of manufacturing thereof.

3. For seasonal goods (clothes, fur products and etc.) the warranty terms are calculated from the moment of coming a respective season: from April 1 - for the goods of spring-summer assortment and from the October 1 – for the goods of autumn-winter assortment. For the shoes of seasonal purpose the warranty terms of wearing are calculated: for winter – from November 15, for spring and autumn – from March 1 and September 15 respectively, for summer - from May 1.

Rules of calculation of the warranty terms for seasonal goods having another seasonal classification are established by the legislation. Duration of a warranty term is discontinued at coming another season. If the seasonal good during the exploitation thereof reveals defects prior to coming a respective season, the warranty term is calculated from the day of the beginning of usage of such a good declared by the consumer.

4. While selling to the consumer goods according to patterns, descriptions of goods containing at the catalogues, prospects, posters, booklets or presented by the means of photos or other informational sources including in the global computer network Internet, with a delivery of goods while using parcels, wrappers and other postings, as well as in the case if the moment of conclusion of the contract and the moment of transferring good to the consumer are not coincide, the warranty term is calculated from the day of delivering good to the consumer, and when the good needs a special installation (hook-up) or an assembly – from the day of its installation (hook-up) or the assembly. If the consumer is deprived of possibility to use a good according to the circumstances dependent on a seller (when a good needs a special installation (hook-up) or an assembly, which are obliged to be performed by the seller or the organization (individual entrepreneur) authorized by the seller in accordance with the contract, or the good has defects and may not be used by the consumer by other reasons), the warranty term is not calculated prior to elimination by the seller of such circumstances. If the day of delivery, installation (hook-up) or assembly of the good, elimination of circumstances dependent on the seller in the consequence of which the consumer is not able to use a good according to the purpose, is impossible to determine, that term is calculated from the day of conclusion of the contract.

5. Warranty terms may be established for component products and component parts of the basic product. Warranty terms for component products and component parts of the basic product are calculated in the same order as the warranty term for the basic product.

Unless otherwise provided for by the contract, the warranty terms for a component product and a component part of the basic product (with the exception of the component product and the component part of the basic product which are subject to periodic replacement) are deemed to be established at the same duration as the warranty term for the basic product.

In the case when for component product, component part of the basic product (with the exception of the component product and the component part of the main product which are subject to periodic replacement) the warranty terms of less duration have been established in the contract, than for the basic product, the consumer is entitled to raise demands connected with defects of the component product, the component part, at the reveal thereof within the warranty term for the basic product, unless otherwise provided for by the contract.

If for a component product, component part of the basic product the warranty terms of greater duration than the warranty term for the basic product are established, the consumer is entitled to raise demands connected with the defects of good if the defects of the component product, component part of the basic product have been revealed within the warranty terms therefore regardless of expiration of the warranty term for the basic product.

6. In the case revealing industrial, prescriptional and other defects not connected with deterioration, ageing and other physical process inside of the good upon the expiration of the two years from the day of transferring good to the consumer, and in regard to the immovable property – upon expiration of the three years from the day of transferring thereof to the consumer, unless more long terms established by the legislation and (or) a contract, the consumer is entitled to raise to the manufacturer demands provided for by clauses 1.1, 1.3 and 1.4 of clause 1 and part 2 of clause 5 of Article 20 of this Law, if he/her proves that the defects have been arisen prior to selling the good or by the reasons having arisen prior to that moment. The specified demands may be raised, if the defects inside of the good are revealed within the established good’s service life or within the ten years from the day of selling the good to the consumer if the service life is not established. In the case of economical insolvency (bankruptcy) of the manufacturer, suspension or termination of activities thereof, lack of consumer’s adequate data about the manufacturer and in the case of the place of location or the place of residence of the manufacturer outside the Republic of Belarus the consumer is entitled to raise the demands provided for by sub-clauses 1.1, 1.3 and 1.4 of clause 1 of Article 20 of this Law, as well as to the supplier, representative within the service established for the good or within the ten years from the day of selling good to the consumer if the service life is not established. At the non-fulfillment by the supplier, representative of specified demands, the consumer is entitled to return the good of improper quality to the supplier, representative respectively and to demand return of the monetary sum paid for the good in accordance with clause 4 of Article 27 of this Law. The consumer is entitled to return such a good without a consumer tare (package).

7. The service life and the validity period are calculated from the moment of manufacturing good. If the moment of manufacturing and the moment of readiness of the good for usage are not coincide, the service life and the validity period of the good are calculated from the moment of readiness of the good for usage that shall be informed to the consumer.

 

Article 22. Gratuitous Elimination of Defects of the Good by the Seller (Manufacturer, Supplier, Representative, Repair Organization)

1. Defects revealed inside of the good shall be eliminated by the seller (manufacturer, supplier, representative, repair organization) gratuitously and immediately. In the case if it is impossible to immediately eliminate defects, a maximal term for its elimination should not exceed fourteen day from the day of raising demand about elimination of the defects to the consumer.

2. In the case of gratuitous elimination of the defects inside of the good of long-term use, the consumer is entitled to raise a demand to the manufacturer or seller about granting an analogous good to the consumer within a repair period gratuitously into the temporary use. The manufacturer or the seller are obliged to satisfy a demand of the consumer within the three-day term from the day of rising thereof, as well as to ensure the delivery of such good to the consumer at own cost. The order of granting such goods, as well as the list of goods of long-term use which do not cover the specified requirement, are established by the Government of the Republic of Belarus.

The requirements of this clause do not cover the cases when the seller (manufacturer) is a natural person carrying out the selling of goods within the frameworks of handicraft activities or selling goods at the market (manufacturing goods).

3. In the case of gratuitous elimination of defects of a good, its warranty term is prolonged for the period within thereof the good was not used. The specified period is calculated from the day of raising the demand about gratuitous elimination of good’s defects prior to day of dispensing thereof upon the termination of the repair.

4. At the gratuitous elimination of defects of a good by means of replacement of component product or a component part of the basic product for which the warranty terms are established by a new component product or a component part of the basic product, the warranty terms of the same duration as for the replaced ones are established and are calculated from the day of dispensing such a good to the consumer upon the termination of the repair.

 

Article 23. Replacement of a Good of Improper Quality

1. In the case of reveal of the defects of a good by the consumer and raising the demand to replace such a good, the seller (manufacturer, supplier, representative) is obliged to immediately replace such a good, and in the case it is required an additional inspection of quality of such a good by the seller (manufacturer, supplier, representative) – to replace it within fourteen days from the day of raising the specified demand.

At the lack of the good necessary for replacement at the seller (manufacturer, supplier, representative) on the day of raising a demand about replacement thereof, the seller (manufacturer, supplier, representative) shall replace such a good within a month after the day of raising the specified demand. In the case of lack of the good of that model (mark, type, аrticle and etc.) by the reasons regardless of the seller within a month after the day of raising the demand by the consumer, the seller (manufacturer, supplier, representative) is obliged to grant an analogous good of another model (mark, type, article and etc.) to the consumer with his/her consent.

2. Consumer is entitled to raise a demand to the seller or manufacturer about granting to the consumer an analogous good gratuitously into the temporary use for a period of replacement. Seller or manufacturer are obliged to satisfy a demand of the consumer within three days from the day of raisin thereof, as well as ensure delivery to the consumer of such a good at own account.

The order of granting such goods, as well as the list of goods of long-term use which do not cover the specified requirement, are established by the Government of the Republic of Belarus.

The requirements do not cover cases when the seller (manufacturer) is a natural person performing the selling of goods within the frameworks of handicraft activities or selling goods at the market (manufacturing goods).

3. The good of improper quality must be replaced by a new one that is the good which has not been used.

4. While replacing good, the warranty term is recalculated from the day of transferring good to the consumer.

 

Article 24. Rights of the Consumer while Violating Terms of Transfer of Preliminary Paid Good by the Seller

1. A contract providing for the duty of the consumer to preliminarily pay for a good shall contain a condition on the term of transferring good to the consumer.

2. In the case if the seller which has been gotten a sum of preliminary payment does not execute duties under the transfer of good to the consumer at the established by the contract term, the consumer according to his/her own choice is entitled to demand:

2.1. transfer of the paid good at the established by him/her new term;

2.2. return of the sum of preliminary payment for the good not transferred by the seller.

3.  The consumer is also entitled to demand full compensation of damages inflicted to him/her in consequence of violation of the term of transferring preliminary paid good established by a contract.

4. In the case of violation of the term of transferring preliminary paid good established by the contract, the seller is obliged to pay out to the consumer interests to the sum of preliminary payment at the amount of the National bank refinancing rate established for the day of paying interests or for the day of pronouncing a court judgment, unless the demand about paying interests was voluntarily satisfied.

Interests are paid out after the day when the transfer of good to the consumer according to the contract shall be performed prior to the day of transferring good to the consumer or prior to the day of return of the sum of preliminary payment for the good unless the contract establishes more short term for charging interests.

5. Demands of the consumer on the return of the sum of preliminary payment for a good and full compensation of damages are subject to satisfaction by the seller immediately. In the case if it is impossible to immediately satisfy demands of the consumer, the maximum term for satisfying demands of the consumer may not exceed seven days after the day of raising the respective demand.

6. Demands of the consumer established by clauses 2 and 3 of this Article are not subject to satisfaction if the seller proves that violation of the terms of transferring preliminary paid good has been occurred by the fault of the consumer or in consequences of third parties` actions either of irresistible force.

 

Article 25. Terms of Satisfying Certain Terms of the Consumer in the Case of His/Her Purchasing Good of Improper Quality.

1. Demands of the consumer about proportional decrease of the purchase price of the good of improper quality, compensation of costs for the elimination of good’s defects by the consumer or the third party, dissolution of the retail sale-purchase contract and (or) return of the monetary sum paid for the good of improper quality are subject to satisfaction by the seller (manufacturer, supplier, representative) immediately. In the case if it is impossible to immediately satisfy demands of the consumer, the maximum term for satisfying demands of the consumer may not exceed seven days after the day of raising the respective demand, and in the case of necessity of holding examination – may not exceed fourteen days.

2. Demands of the consumer about compensation of damages inflicted to him/her in connection with the defects of a good and (or) dissolution of the retail sale-purchase contract or with return of the good of improper quality to the seller (manufacturer, supplier, representative), are subject to satisfaction by the seller (manufacturer, supplier, representative) immediately or if it is impossible to immediately satisfy demands of the consumer – within seven days after the day of confirmation of damages` extent by the consumer.

 

Article 26. Liability of the Seller (Manufacturer, Supplier, Representative, Repair Organization) for Delay in Fulfilling Demands of the Consumer in the Case of Purchase by Him/Her of the Good of Improper Quality

1. For breach of the terms provided for by clause 1 and part one of clause 2 of Article 22, by clause 1 and part one of cause 2 of Article 23, by clause 5 of Article 24, Article 25 of this Law, as well as for non-fulfillment (arrears in non-fulfillment) of the demand of the consumer to grant him/her for a period of repair (replacement) of analogous good, the seller (manufacturer, supplier, representative, repair organization) which has been committed such violations, pays a forfeit at the amount of one percent from the good’s price to the consumer for every day of delay.

A price of the good is determined on the basis of the price of the good of analogous model (mark, type, article and etc) available at the moment of payment of the forfeit by the seller (manufacturer, supplier, representative, repair organization) or at the day of pronouncing a court judgment, unless the demand was satisfied voluntarily. If at the day of selling a good to the consumer the price thereof was higher than the price of analogous good at the moment of payment of the forfeit or at the day of pronouncing a court judgment, the amount of forfeit is determined on the basis of the price of a good at the day of the selling thereof to the consumer.

2. In the case of the non-fulfillment of demands of the consumer at the terms provided for by clause 1 and part one of clause 2 of Article 22, by clause 1 and part one of clause 2 of Article 23, by clause 5 of Article 25 of this Law, the consumer is entitled at own choice to raise other demands provided for by clauses 1-3, 5-7 of Article 20 of this Law.

 

Article 27. Settlements with the Consumer in the Case of Purchase by Him/Her of the Good of Improper Quality

1. At the replacement of good of improper quality by the good of an analogous model (mark, type, article and etc.) the recalculation of the price is not to be performed.

2. At the replacement of good of improper quality by the same good of another model (mark, type, аrticle and etc.) in the case if the price of the good which is subject to the replacement is lower than the price of the good granted instead, the consumer shall pay the remaining variation in price. In the case if a price of the good which is subject to the replacement is higher than the price of the good granted instead, the consumer is paid the variation in price. The price of the good which is subject to the replacement is determined at the moment of the replacement and if a demand of the consumer is not satisfied by the seller (manufacturer, supplier, representative), the price of the good replaced and the price of the good granted instead are determined at the moment of pronouncing a court judgment on replacement of good.

3. In the case of raising demand to the consumer about the proportional decrease of purchase price of the good, the price of the good is taken into account at the moment of raising such a demand by the consumer, and if it is not voluntarily satisfied – at the moment of pronouncing a court judgment about the proportional decrease of purchase price.

4. At the dissolution of a contract the consumer is entitled to demand return of the monetary sum paid for the good, as well as compensation of variation between the price of good established by the contract and the price of the respective good at the moment of voluntary satisfaction of the consumer’s demand, and if the demand is no satisfied voluntarily – at the moment of pronouncing judgment by the court.

5. In the case of dissolution of the contract, the consumer to whom the good was sold on credit, is returned the sum paid for the good at the amount of the credit, repaid to the good’s return day, as well as the payment for granting the credit and variation between the price of the good established by the contract and the price of the respective good a the moment of voluntary satisfaction of his/her demand are to be compensated, and if the demand is not voluntarily satisfied – at the moment of pronouncing judgment by the court.

 

Article 28. Right of the Consumer to Replacement and Return of the Good of a Proper Quality

1. Consumer is entitled within fourteen days after the moment of transfer to him/her of the non-product good, unless more long term declared by the seller, at the place of purchase or other places declared by the seller, to return good of a proper quality or replace it by an analogous good of another size, form, dimension, fashion, coloring and packaging having performed recalculation with the seller in the case of the variation in price.

2. The demand of the consumer about replacement or return of a good is subject to satisfaction, unless good was used, consumer properties of the good have been kept and there are proves of the purchase at particular seller.

3. The list of non-product goods of a proper quality which are not subject to replacement and return is approved by the Government of the Republic of Belarus.

4. At the return of the good of a proper quality by the consumer, the demand of the consumer about the return of the monetary sum paid for the good is subject to satisfaction by the seller immediately. In the case if it is impossible to immediately satisfy demands of the consumer, the maximum term for satisfying demands of the consumer may not exceed seven days. For the breach of the specified terms the seller pays forfeit to the consumer for every day’s delay at the amount of one percent from the good’s price at the day of selling thereof to the consumer.

5. Food products of a proper quality are not subject to replacement and return

6. Requirements of this Article do not cover cases when the seller is a natural person who performs the selling of goods within the framework of handicraft activities or selling goods at the market.

 

CHAPTER 4

PROTECTION OF RIGHTS OF THE CONSUMER WHILE CARRYING OUT WORKS (RENDERING SERVICES)

 

Article 29. Terms of Carrying out Works (Rendering Services)

1. Executor is obliged to carry out work (render service) in term established by a contract, unless otherwise provided for by the legislation.

2. The term of carrying out the work (rendering service) is determined by the date (period) to which carrying out the work (rendering service) shall be finished, and (or) by the date (period) according to which the executor shall start to fulfill work (render service). Upon the agreement of parties the contract may also provide for the terms for beginning and finishing certain stages of the fulfillment of work (rendering service).

 

Article 30. Consequences of Breach of the Terms of Fulfilling Works (Rendering Services) by the Executor

1. If the executor has breached the terms of fulfilling works (rendering services), certain stages of fulfillment of work (rendering service), as well as other terms provided for by the contract, or during the fulfillment of work (rendering service) is gotten obviously that it will not be done in time, the consumer is entitled by own choice:

1.1. to set new term for the executor;

1.2. to entrust fulfillment of work (rendering service) to the third parties for the reasonable price or to fulfill it by his/her own forces and to demand compensation of the costs incurred from the executor;

1.3. to demand a proportional decrease of the established price for the fulfillment of work (rendering service);

1.4. to dissolve contract for fulfilling work (rendering service).

2. The consumer is also entitled to demand full compensation of damages inflicted on him/her in connection with breach of the terms of fulfilling work (rendering service).

3. New terms for fulfilling work (rendering service) fixed by the consumer are specified in the contract for fulfilling work (rendering service).

In the case of delay of new terms the consumer is entitled to raise to the executor other demands provided for by clause 1 of this Article.

4. Monetary sum to be returned to the consumer while dissolving the contract for fulfilling work (rendering service), as well as the price of the work fulfilled (rendered service) to be counted at the satisfaction of the demand of the consumer about the proportional decrease thereof, are determined at the moment of raising the demand by the consumer, and if it has not been voluntarily satisfied – at the moment of pronouncing the respective judgment by the court.

5. At the dissolution of the contract for fulfilling work (rendering service) the executor is not entitled to demand compensation of his/her costs made in the process of fulfilling work (rendering service), as well as the payment for already fulfilled work (rendered service), with the exception of the cases when the consumer has accepted fulfilled work (rendered service).

6. In the case of breach of the established terms of fulfilling work (rendering service) or new terms fixed by the consumer on the basis of clause 1 of this Article, the executor pays a forfeit to the consumer at the amount of one percent from the price of fulfilling work (rendering service) for every day (hour, if the term is determined in hours) of delay, but if the price of fulfilling work (rendering service) is not determined by the contract for fulfilling works (rendering services) – at the extent of one percent from the common price of the order. The contract for fulfilling works (rendering services) may establish extent of forfeit between consumer and executor.

The forfeit for breaching the terms of the beginning of fulfillment of work (rendering service), stage thereof is charged for every day (hour, if the term is determined in hours) of delay right up to the beginning of the fulfillment of work (rendering services) or raisin by the consumer demands provided for by clause 1 of this Article.

The forfeit for breaching the terms of the finishing of fulfillment of work (rendering services), stage thereof is charged for every day (hour, if the term is determined in hours) of delay right up to the finishing of the fulfillment of work (rendering services) or raisin by the consumer demands provided for by clause 1 of this Article.

An extent of the forfeit is determined on the basis of the price of fulfilling work (rendering service), and if the specified price is not determined – on the basis of common price of the order which had been existed at the moment of voluntarily satisfaction of such demand by the executor or at the day of pronouncing court judgment, if the demand of the consumer was not voluntarily satisfied.

7. The demands of the consumer provided for by clause 1 of this Article are not subject to satisfaction if the executor proves that the breach of terms of fulfilling work (rendering services) has been occurred by the fault of the consumer or in the consequence of third parties` actions either irresistible force.

 

Article 31. Rights of the Consumer while Revealing Defects of the Fulfilled Work (Rendered Service)

1. At the reveal of deviations from contract’s conditions which have worsened the result of work (service) or of other defects of the fulfiller work (rendered service), the consumer is entitled to demand by his/her own choice:

1.1. gratuitous elimination of defect of the fulfilled work (rendered service);

1.2. proportional decrease of established price of the fulfilled work (rendered service);

1.3. gratuitous manufacturing of another thing from the homogeneous material of the same quality or repeated fulfillment of work (rendering service) if it is possible. In that case, the consumer is obliged to return thing which has been earlier transferred to him/her by the executor;

1.4. compensation of costs incurred by him/her under elimination of defects of the fulfilled work (rendered service) by his/her own forces or by third parties.

2. Satisfaction of the demands of consumer on gratuitous elimination of defects, on manufacturing another thing or about the repeated fulfillment of work (rendering services) does not exempt the executor from liability in the form of forfeit for breaching the term of the finishing of fulfillment of work (rendering service).

3. Consumer is entitled to dissolve the contract on fulfilling work (rendering service) and to demand return of the monetary sum paid for the fulfilled work (rendered service), unless the defects of fulfilled work (rendering service) are eliminated within the terms established by clause 1 of Article 32 of this Law or by the contract.

The consumer is also entitled to dissolve the contract on fulfilling work (rendering service) and to demand return of the monetary sum paid for the fulfilled work (rendered service), if he/she reveals essential defects of the fulfilled work (rendered service) or deviations from contract’s conditions which have worsened result of the work (service).

4. Consumer is also entitled to demand full compensation of damages inflicted to him/her in connection with defects of the fulfilled work (rendered service) and (or) with dissolution of the contract on fulfilling (rendering service) and return of the monetary sum paid for the fulfilled work (rendered service) and with payment of the forfeit, if deviations from the contact’s conditions which have worsened result of the work (service) or other defects of the fulfilled work (rendered service) are essential or was not eliminated in the term established by the contract.

5. Monetary sum to be returned to the consumer at the dissolution of the contract on fulfilling work (rendering services), as well as the price of the fulfilled work (rendered service) to be counted at the satisfaction of the demand of the consumer about a proportional decrease thereof, are determined at the moment of raising the demand by the consumer, but if it is not voluntarily satisfied – at the moment of pronouncing the respective judgment by the court.

6. Demands connected with the defects of fulfilled work (rendered service) may be raised while accepting fulfilled work (rendered service) or, if it is impossible to reveal defects while accepting fulfilled work (rendered service) within the terms established by this clause, as well as clauses 7-10 of this Article.

At the raising of the demands connected with the defects of fulfilled work (service) by the consumer, the executor shall perform inspection of quality of the result of fulfilled work (rendered service, if it is possible according to the character of the service).

At the arising of the dispute between consumer and executor concerning the defects of fulfilled work (rendered service) or causes thereof, the executor is obliged to perform examination of quality of the result of fulfilled work (rendered service, if it is possible according to the character of the service) by its own account in the order established by the Government of the Republic of Belarus. Place and time for performing examination shall be notified to the consumer in written. The consumer is entitled to participate in the inspection of quality and in the performance of examination of the result of fulfilled work (rendered service) personally or through his/her representative.

Consumer is entitled to dispute conclusion of the examination of the result of fulfilled work (rendered service) in court.

If in the result of the examination the lack of defects by the executor’s part or a casual connection between actions of the executor and revealed defects is established, the consumer is obliged to compensate costs under the performing of the examination to the consumer.

The consumer is entitled to raise demands connected with the defects of fulfilled work (rendered service) if it was revealed within the warranty term, and if it is not established – within the two years after the day of accepting fulfilled work (rendered service) or within the three years in relation to the defects in immovable property.

7. The demand on gratuitous elimination of the defects of fulfilled work (rendered service) which may constitute danger for life health, heredity, property of the consumer and the environment, may be raised by the consumer or his/her successor within the ten years from the moment of accepting result of the work (service), unless more long terms (service lives) provided for in the order established by legislation. Such a term may be raised regardless of the fact when the defects were revealed including the reveal thereof after expiration of the warranty term.

8. The executor answers for the defects of fulfilled work (rendered service) for the result of which a warranty term is not established, if the consumer proves, that those defects arose prior to acceptance thereof or by the reasons that have arisen prior to that moment.

With regard of fulfilled work (rendered service) for the result of which a warranty term is established, the executor answers for the defects thereof, unless it proves that those defects have arisen after the acceptance of work (service) by the consumer in consequence of his/her breach of the rules for using result of work (service), storage, transportation of the result of work or third parties` actions either irresistible force.

9. In the case when the term for result of work (service) established by the contract constitutes less than two years (for immovable property – less than three years) and the defects of fulfilled work (rendered service) were revealed upon expiration of the warranty term, but within the limits of two years (for immovable property – three years), the consumer is entitled to raise demands provided for by clause 1 of this Article, if he/she proves that the defects have been arisen prior to accepting result of work (service) by the consumer or by the reasons which have been arisen prior to that moment.

10. In the case of reveal of essential defects of fulfilled work (service), the consumer is entitled to raise to the executor one of the demands provided for by clause 1 of this Article, if he/she proves that the defects arose prior to acceptance by the consumer of the result of work (service) or by the reasons which have been arisen prior to that moment. Such a demand may be raised, if the specified defects are revealed upon expiration of two years (for immovable property – three years) from the day of accepting result of the work (service), but within the limits of service life established for the result of the work (service) or within ten years after the day of accepting result of the work by the consumer if a service life is not established.

11. Warranty term of the result of work (service) is calculated from the moment of transferring result of the work to the consumer (of the finishing of rendering service).

12. Service life of the result of work is calculated after the day of the finishing of rendering service.

 

Article 32. Terms of Elimination of Defects of Fulfilled Work (Rendered Service)

1. Defects of fulfilled work (rendered service) shall be eliminated by the executor within fourteen days, unless more long term stipulated by parties` agreement.

2. For the breach of terms for elimination of the defects of fulfilled work (rendered service) established by clause 1 of this Article, the executor pays forfeit to the consumer for every day (hour, if the term is determined in ours) of delay at the amount of one percent from the price of fulfilling work (rendering service), but if the price of fulfilling work (rendering service) is not determined by the contract on fulfilling work (rendering service) – at the extent of one percent from common price of the order. The contact for fulfilling works (rendering services) may establish more high extent of forfeit between consumer and executor.

3. In the case of breach of the specified terms, the consumer is entitled to raise to the executor other demands provided for by clauses 2 and 3 of Article 31 of this Law.

 

Article 33. Terms of Satisfaction of Certain Demands of the Consumer While Fulfilling Works (Rendering Services)

1. Demands of the consumer about proportional decrease of price for fulfilled work (rendered service), about compensation of expenses on elimination of the defects of fulfilled work (rendered service) by his/her own forces or by third parties either on fulfilling work (rendering service) by his/her own forces or by third parties in connection with executor’s infringement of the terms provided for by the contract, as well as about dissolution of the contract on fulfilling work (rendering service) and return of the monetary sum paid for fulfilled work (rendered service), are subject to satisfaction within seven days from the day of raising the respective demand.

2. Demands of the consumer about gratuitous manufacturing another thing from homogenous material of the same quality or about a repeated fulfillment of work (rendering service) are subject to satisfaction in the term established for an urgent fulfillment of work (rendering services), and in the case, if that term is not established – at the term provided for by the contract on fulfilling work (rendering service), which was duly executed.

3. Demands of the consumer for compensation of damages inflicted to him/her in connection with the infringement of terms of fulfilling work (rendering service), with the defects of fulfilled work (rendered service) and (or ) dissolution of the contract on fulfilling work (rendering service) and return of the monetary sum paid for fulfilled work (rendered service), with the exception of the demands for compensation of expenses provided for by clause one of this Article, are subject to satisfaction within seven days from the day of confirmation of the extent of damages by the consumer.

4. For the breach of terms provided for by clauses 1 – 3 of this Article, for satisfaction of certain demands of the consumer, the executor pays a forfeit to the consumer for every day (hour, if the term is determined in hours) of delay at the extent of one percent from the price of fulfilling work (rendering service), but if the price for fulfilling work (rendering service) is not determined – at the extent of one percent from a common price of the order. The contact for fulfilling works (rendering services) may establish more high extent of forfeit between consumer and executor.

5. . In the case of breach of the terms provided for by clauses 1 – 3 of this Article, the consumer is entitled to raise to the consumer other demands provided for by clause 1 of Article 30 and clauses 1 and 3 of the Article 31 of this Law.

 

Article 34. Estimate and Calculation to Fulfilling Work (Rendering Service)

1. To the fulfillment of work (rendering service) provided for by the contract on fulfilling work (rendering service), a firm or approximate estimate either calculation may be worked out. Working out of such estimate or calculation by the demand of consumer or executor is obligatory.

2. Executor is not entitled to demand increase of firm estimate, and executor – decrease thereof, including the cases when the moment of concluding contract excepted the possibility to provide for a full volume of works (services) subject to fulfillment (rendering) or the expenses necessary therefor, unless otherwise established by this Article, as well as by laws and normative legal acts of the President of the Republic of Belarus on shared construction of dwellings.

3. At the essential increase of the value of materials and equipment which shall be submitted by the executor, as well as of services to be rendered thereto by third parties, which were impossible to provide for while concluding contract, the executor has the right to demand increase of the established firm estimate, and at the refusal of the consumer to fulfill that demand – dissolution of the contract in court.

4. If the necessity to perform additional works (rendering additional services) has been arisen and therefore an approximate estimate is essentially increased, the executor is obliged to timely notify the consumer about that in written. If the consumer has not give consent for exceeding approximate estimate, he/she is entitled to dissolve the contract. In that case the executor may demand the consumer’s payment for the fulfilled part of work.

The executor which did not timely notified the consumer about the necessity of exceeding approximate estimate is obliged to fulfill the contact having maintained the right to payment for work (service) within the limits of approximate estimate.

 

Article 35. Fulfillment of Work (Rendering Service) from the Executor’s Material

1. Executor is obliged to fulfill work (render service) determined by the contract on fulfilling work (rendering service) from its material and by own means, unless otherwise established by a contact.

The executor, which has granted the material for fulfilling work (rendering service), answers for its proper quality according to rules of seller’s liability for the goods of a proper quality.

2. A material of the executor is paid by the consumer while concluding specified contract in full or a the extent determined by the contract on fulfilling work (rendering service), providing the final computation while getting result of the fulfilled executor’s work (rendered service) by the consumer, unless another order of computations for an executor’s material provided for by parties` agreement.

3. In the cases provided for by the contact on fulfilling work (rendering service), the material may be granted by the executor to the consumer for a credit. Further changing of price of the material granted for credit by the executor, does not entail recomputation.

4. Material of the executor and technical means, tools and other things necessary for fulfillment of work (rendering service) are delivered to the place of fulfilling work (rendering service) by the executor, unless otherwise provide for by a contract.

 

Article 36. Fulfillment of Work (Rendering Service) from the Material (with a Thing) of the Consumer

1. If the fulfillment of work (rendering service) is carried out fully or partially from the material (with a thing) of consumer, the executor answers for the safety of that material (thing) and its economical and thrifty usage.

2. The contract on fulfilling work (rendering service) or any other document which confirms the fact of fulfilling work (rendering service) shall specify a precise name, description and price of material (thing) of the consumer to be determined by the parties agreement.

3. The executor is obliged:

3.1.to warn the consumer about impropriety or bed quality of the material (thing) transferred by the consumer;

3.2. to submit report about the expenditure of material and to return its remainder or with the consumer’s consent to decrease price (estimate) of the work with regard of value of the remaining unused executor’s material.

4. In the case of full or partial loss (damage) of the material (thing) accepted from the consumer, the executor is obliged within three days to replace it by homogenous material (thing) of analogous quality and by the will of the consumer to manufacture article from the homogenous material (thing) in the concerted term, and in the case of impossibility – to compensate to the consumer a double price of lost (damaged) material (thing), as well as expenses incurred by the consumer.

5. The price of lost (damaged) material (thing) is determined on the basis of the price of material (thing) that existed at the place where the demand of the consumer must be satisfied by the executor, at the day of voluntarily satisfaction of such demand of the Republic of Belarus at the day of pronouncing a court judgment, unless the demand of the consumer was voluntarily satisfied.

6. Executor is exempted from the liability for full or partial loss (damage) of the material (thing), which was accepted by the executor from the consumer, if it proves that consumer was warned by the executor about special properties and features of the material (thing) which may entail its full or partial loss (damage).

Executor is not exempted from the liability in case the level of scientific and technical knowledges did not allow reveal the special properties and features of the material (thing).

 

Article 37. Duty of the Executor to Inform the consumer about Circumstances which May Influence on the Quality of the Work Fulfilled (Service Rendered) or Entail Impossibility to Finish it in Time

1. Executor is obliged to inform the consumer timely and in written about the fact that observation of consumer’s instructions and other circumstances dependent on the consumer, may decrease quality of the work fulfilled (service rendered) or entail impossibility to finish it in time.

2. If the consumer in spite of the executor’s timely and grounded informing, does not replace an unfit material or material of a bed quality at the concerted term, does not change instructions according to way of fulfilling work (rendering service) or does not eliminate other circumstances which may decrease quality of the work fulfilled (service rendered), the executor is entitled to dissolve the contract on fulfilling (rendering services) and to demand compensation of damages inflicted thereto.

 

Article 38. The Order of Computations for Fulfilled Work (Rendered Service)

1. The order of computations for fulfilled work (rendered service) is determined by the contract between consumer and executor.

2. Consumer is obliged to pay for work (service) fulfilled (rendered) by the executor in full after the acceptance thereof by the consumer. Consumer is entitled to pay for work (service) by means of issuing advance or in full while concluding the contract.

 

Article 39. Rules of Customer and Other Kinds of Consumers` Services

Rules of a customer service and other kinds of consumers` services (fulfilling certain kinds of works, rendering certain kinds of services) are approved by the Government of the Republic of Belarus, unless otherwise established by the President of the Republic of Belarus.

 

Article 40. Regulation of Fulfilling Certain Kinds of Works (Rendering Certain Kinds of Services)

Peculiarities of mutual relations between consumers and executors under the contracts on fulfilling works (rendering services) which do not characteristically fall under the effect of this Chapter, as well as the circumstances of non-executing or improper executing such contracts, are determined by the legislation.

CHAPTER 5

STATE PROTECTION OF THE RIGHTS OF CONSUMERS

 

Article 41. State Bodies Carrying out Protection of Rights of the Consumer

State protection of rights of the consumer and control over the observation of the legislation on protection of the rights of consumers are carried out by authorized state bodies within the competence thereof.

 

Article 42. Powers of the Ministry of Trade of the Republic of Belarus in the Field of Protection of the Rights of Consumers

1. The Ministry of Trade of the Republic of Belarus:

1.1. directs proposals into the bodies of state administration on cancellation or changing normative legal acts which contradict the legislation on protection of the rights of consumers.

1.2. directs prescriptions to the manufacturers (sellers, suppliers, representatives, executors, repair organizations) on stopping infringements of the rights of consumers;

1.3. at the reveal of the cases of selling goods (works, services) to consumers without furnishing necessary and reliable information, or with expired validity terms and (or) terms of storage, service lives of goods (results of the work), or without indication of such terms, if its establishment is obligatory, directs prescriptions to the manufacturers (sellers, suppliers, representatives, executors, repair organizations) about suspension of manufacturing and (or) selling to the consumers such goods (works, services) either about termination of selling to the consumers such goods (works, services) prior to elimination of committed violations;

1.4. directs data into the bodies authorized to draw up protocols on administrative offences and (or) bring criminal cases according to the elements of crime connected with breach of the rights of consumer provided for by this Law, at the reveal of the data specifying the elements of administrative offence or crime connected with breach of rights of the consumer;

1.5. has a right to sue the court for protection of rights of indefinite circle of consumers in the case of breach of the rights of consumers;

1.6. directs data on breaching the rights of consumer into the state bodies and state organizations that have issued special permissions (licenses) for carrying out the respective type of activities, for the solving of issue on suspending validity of the special permission (license) prior to the elimination of committed violations either about the termination of the respective permission (license);

1.7. carry out control over in the sphere of protection of the rights of consumers;

1.8. exercise other rights on protection of the rights of consumers provided for by the legislation.

2. The officials of the Ministry of Trade of the Republic of Belarus, while executing their official duties in the field of protection of consumers` rights, have the right in the established order to unhumperedly visit state bodies and other state organizations, as well as individual entrepreneurs with regard of the work schedule thereof.

3. State bodies and other organizations, as well as individual entrepreneurs are obliged upon the demand of the Ministry of Trade of the Republic of Belarus in the established order submit information necessary for implementing powers provided for by this Law by that ministry.

4. Rulings on protection of rights of the consumer to be taken by the Ministry of Trade of the Republic of Belarus within its competence are obligatory for all state bodies, as well as organizations, individual entrepreneurs and other natural persons.

 

Articles43. Powers of Local Executive and Administrative Bodies in the Field of Protection of the Rights of Consumers

With a view to protect the rights of consumers, local executive and administrative bodies shall:

consider applications of consumers in accordance with the legislation on applications of citizens and legal persons;

arrange explanation of the legislation and render legal assistance to the people on issues concerning protection of the rights of consumers;

at the reveal of goods (works, services) of improper quality, as well as those dangerous for life , health, heredity, property of the consumer and the environment, immediately inform about that republican bodies of state administration (territorial bodies thereof) according to their competence;

direct prescriptions to the manufacturers (sellers, suppliers, representatives, executors, repair organizations) on termination of violations of the rights of consumers;

at the reveal of the cases of selling goods (works, services) to consumers without furnishing necessary and reliable information, or with expired validity terms and (or) terms of storage, service lives of goods (results of the work), or without indication of such terms, if its establishment is obligatory, directs prescriptions to the manufacturers (sellers, suppliers, representatives, executors, repair organizations) about suspension of manufacturing and (or) selling to the consumers such goods (works, services) either about termination of selling to the consumers such goods (works, services) prior to elimination of committed violations;

directs data into the bodies authorized to draw up protocols on administrative offences and (or) bring criminal cases according to the elements of crime connected with breach of the rights of consumer provided for by this Law, at the reveal of the data specifying the elements of administrative offence or crime connected with breach of rights of the consumer;

sue the court for protection of the rights of consumer;

implement other functions on protection of the rights of consumers provided for by the legislation.

 

Article 44. Juridical Protection of the Rights of Consumers

1. Protection of the rights of consumers in court is implemented in accordance with legislative acts.

2. In the case of satisfaction of the claim connected with violation of rights of the consumer, if the local executive and administrative body or a public association appeals a statement of claim for protection of rights of the consumer, the court recovers a fine for non-observing a voluntary order of satisfaction of the demand of consumer from the manufacturer (seller, supplier, representative, executor, repair organization) into the local budget at the place of considering claim in the amount of one hundred percent of the sum imposed by the court in favor of the consumer.

If the public association appeals a statement of claim for protection of rights of the consumer, the specified association is transferred ten percents from the sum of the fine.

3. In the case of satisfaction of the claim connected with violation of the rights of indefinite circle of consumers, the court obliges the manufacturer (seller, supplier, representative, executor, repair organization) to bring to the consumers` notice the decision of the court in determined term by means of mass media or in other way.

 

Article 45. Appeal Against Prescriptions and Decisions of Authorized State Bodies on Protection of Rights of the Consumer

1. Manufacturers (sellers, suppliers, representatives, executors, repair organizations) are entitled to apply to the court with application for recognition of prescriptions and decisions to be invalid full or partially (which are not normative legal acts) of the Ministry of Trade of the Republic of Belarus and other bodies implementing state protection of the rights of consumers within the competence thereof.

2. Appeal against prescriptions and decision in the established order and in terms provided for by the legislation suspends its execution.

CHAPTER 6

PUBLIC PROTECTION OF RIGHTS OF THE CONSUMER

 

Article 46. The Right of Consumers to Establishment of Public Associations of Consumers

Consumers are entitled associate on a voluntarily basis into the public associations of consumers, which carry out its activities in accordance with legislation.

 

Article 47. Rights of Public Associations of the Consumers

1. Public associations have the right:

1.1. to participate in working out drafts of normative legal acts that set requirements for quality of good (work, service), drafts of laws and other normative legal acts regulating relations in the field of consumers’ rights protection;

1.2. to study consumer properties of good (work, services), demand therefore, perform surveys of population for revealing public opinion about the quality of goods produced (works fulfilled, services rendered);

1.3. to perform examination of goods (works, services) according to the fact of violation of the rights of consumer or in favor of indefinite circle of consumers, as well as for the purpose of checking the reliability of information about good (work, seller) submitted by the seller (manufacturer, executor) in the order established by the Government of the Republic of Belarus, as well as to participate in performing such examinations;

1.4. to submit into republican bodies of state administration, local executive and administrative bodies proposals on measures for improvement of good’s (work’s, service’s) quality, observation of pricing rules, taking out from manufacture, withdrawal of goods (works, services) that are dangerous for life, health, heredity, property of the consumer and the environment from the turnover, about the prohibition of improper advertising and the information misleading the consumer, about termination of selling goods (works, services) to the consumers by illegally exceeded prices;

1.5. to carry out informational and enlightening activities in the field of protection of the rights of consumers;

1.6. to consult a consumer on the issues of his rights protection on a gratuitous basis;

1.7. to direct data into the state bodies in accordance with the competence thereof for bringing to the responsibility of persons guilty of producing and selling to the consumers goods (fulfilling works, rendering services) not corresponding to the requirements established for quality of goods (works, services) as well as the data on breaching the rights of consumer provided for by the legislation;

1.8. to apply to the prosecutor’s office with the proposals on lodging protests against the acts of state bodies that contradict the legislation on protection of the rights of consumers;

1.9. to apply on a commission from the consumer with a reclamation to manufacturer (seller, supplier, representative, executor, repair organization) on elimination of the violations and on compensation of the damages inflicted to the consumer by that violations;

1.10. to sue the court for protection of rights of the consumer, to present and to protect rights and legal interests of the consumer (indefinite circle of consumers) in court;

1.11. to sue the court for recognition of actions of the manufacturer (seller, supplier, representative, executor, repair organization) to be illegal and of conditions of the contract to be invalid in relation to an indefinite circle of consumers and for termination of those actions.

2. Public associations of the consumers may have other rights provided for by legislative acts.

 

Article 48. Peculiarities of Realization of Certain Rights of Public Associations of Consumers

1. The Public Association of Consumers applies, on instructions of a consumer, with a reclamation to a manufacturer (seller, supplier, representative, executor, repair organization) on elimination of the violations and on compensation of the damages inflicted to the consumer by the violations, goes to the court with an action for protection of rights of the consumer, presents and protects rights and legitimate interests of the consumer in court on the basis of the contract of gratuitous rendering of services, concluded with the consumer in writing.

2. Expenses incurred by the Public Association of the Consumers connected with applying with a reclamation to a manufacturer (seller, supplier, representative, executor, repair organization) on elimination of the violations and on compensation of the damages inflicted to the consumer by the violations, going to the court with an action on protection of rights of the consumer, representing and protecting rights and legitimate interests of the consumer in court, are to be compensated by the manufacturer (seller, supplier, representative, executor, repair organization):

upon a written demand of the Public Association of the Consumers after the manufacturer (seller, supplier, representative, executor, repair organization) satisfied the reclamation applied by Public Associations of the Consumers on instructions of the customer, or after the court took decision in favour of the consumer, unless the Public Association of the Consumers presented this claim while going to the court with the action on protection of rights of the consumer;

according to the court decision made on the action on protection of rights of the consumer lodged by the Public Association of the Consumers.

In the instances provided by indent 2 of part 1 of the current clause, a manufacturer (seller, supplier, representative, executor, repair organization) is obliged to satisfy the reclamation of the Public Association of the Consumers for compensation of expenses within 14 days from the day of its receipt.

Expenses incurred by the Public Association of Consumers provided by part 1 of the current clause shall be compensated by a manufacturer (seller, supplier, representative, executor, repair organization), if the consumer, before applying to the Public Association of Consumers, presented a demand to the manufacturer (seller, supplier, representative, executor, repair organization) on restoration of the infringed consumer’s right and there is a confirmation of a refusal to satisfy the demand.

The confirmation of a refusal of the manufacturer (seller, supplier, representative, executor, repair organization) to satisfy a consumer’s demand is:

a written answer of the manufacturer (seller, supplier, representative, executor, repair organization) which contains a refusal to satisfy a consumer’s demand;

a copy of a written consumer’s application to the manufacturer (seller, supplier, representative, executor, repair organization) with a return receipt, or with a note of receipt by the manufacturer (seller, supplier, representative, executor, repair organization) if this written application was not considered within the time limits provided for by the legislation;

a note about reasons of refusal to satisfy a consumer’s demands and (or) suggestions, set forth in the book of remarks and suggestions;

a remark and (or) a suggestion in the book of remarks and suggestions if such a demand and (or) a suggestion was not considered within the time limits provided for by the legislation;

another confirmation of a refusal of the manufacturer (seller, supplier, representative, executor, repair organization) to satisfy a consumer’s demand.

3. The Public Association of Consumers has the right to consult a consumer on the issue of his rights protection, to apply, on instructions of a consumer with a reclamation to a manufacturer (seller, supplier, representative, executor, repair organization) on elimination of the violations and on compensation of the damages inflicted to the consumer by that violations, to go to the court with an action on protection of rights of the consumer, to present and to protect rights and legitimate interests of the consumer (non-limited set of consumers) in court, provided that a specialist of the Public Association of Consumers realizing these rights of the Public Association of Consumers has the attestation certificate. The attestation of a specialist of the Public Association of Consumers is carried out for the purpose of examination on knowledge of the legislation on protection of the rights of consumers in the order established by the Government of the Republic of Belarus.

4. A model form of a contract of gratuitous rendering of services, composition of expenses of the Public Association of Consumers to be compensated by a manufacturer (seller, supplier, representative, executor, repair organization) are established by the Ministry of Trade of the Republic of Belarus.

 

* unofficial translation *

 

 

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