Consumer Protection Agency
Consumer Protection Agency under the Antimonopoly Committee of the Republic of Uzbekistan
| O‘zbekiston Respublikasi Monopoliyaga qarshi kurashish qo‘mitasi huzuridagi Iste’molchilar huquqlarini himoya qilish agentligi | |
 | |
| Agency overview | |
|---|---|
| Formed | 2019 |
| Headquarters | Tashkent, Uzbekistan |
| Agency executive |
|
| Parent department | Antimonopoly Committee of the Republic of Uzbekistan |
| Website | https://consumer.gov.uz/ |
Consumer Protection Agency under the Antimonopoly Committee of the Republic of Uzbekistan (uzbek O‘zbekiston Respublikasi Monopoliyaga qarshi kurashish qo‘mitasi huzuridagi Iste’molchilar huquqlarini himoya qilish agentligi) is a statutory body with powers to enforce consumer protection and advertising laws in Uzbekistan.
Priority of consumer rights and interests
The priority of the rights and interests of the consumer is indicated in the Main Law of the country:
"The economy of Uzbekistan, evolving towards market relations, is based on various forms of ownership. The state shall guarantee freedom of economic activity, entrepreneurship and labour with due regard for the priority of consumers’ rights, equality and legal protection of all forms of ownership." Constitution of the Republic of Uzbekistan, Article 53.[1]
History
From 1996 to September 2019, the direction of consumer protection and regulation of the advertising market was carried out within the framework of the state system in the department of the same name of the Antimonopoly Committee.
Considering that in recent years in the process of globalization business has actively developed in the republic and the volume of trade relations has increased, the issue of raising consumer rights protection to a new level has arisen. The scale of goals and tasks to be solved in this sphere, the volume of appeals from consumers of goods and services required the creation of an authorized state body, which would implement a unified state policy and coordinate the activities of organizations in the sphere of consumer protection and regulation of the advertising market.[2]
The Consumer Protection Agency was created in accordance with Presidential Decree No. 5817, “On measures to fundamentally improve the legal and institutional system of protection of consumer rights”," dated September 11, 2019.[3][4]
Organization structure
The structure of the Agency is represented by the Central Office in Tashkent city and territorial offices in 14 regions of the country (including the Republic of Karakalpakstan and Tashkent city).
Agency tasks
The Agency is entrusted with a number of tasks. These include:
- development and implementation of a unified state policy in the field of consumer protection and regulation of the advertising market;
- ensuring consumer access to reliable and complete information about goods (works, services), their producers, performers and sellers;
- development and implementation of programs aimed at educating and improving the consumer literacy of the population;
- assisting consumers in protecting their rights and interests;
- State control over compliance with consumer protection legislation, as well as cooperation in controlling the safety and quality of goods (works, services)
- regulation of the advertising market in order to prevent unfair competition in advertising and suppression of inaccurate advertising;
- interaction with civil society institutions and other organizations in the field of consumer protection;
- study of prices on consumer markets, which are subject to state price regulation;
- cooperation with foreign organizations on consumer protection and regulation of the advertising market.[5]
Agency powers
The Consumer Protection Agency under the Antimonopoly Committee of the Republic of Uzbekistan and its territorial bodies within the limits of their powers:
- carry out the development and practical implementation of a unified state policy in the field of consumer rights protection;
- coordinate the activities of state bodies and organizations in the field of consumer protection;
- interact with civil society institutions and other organizations in the field of consumer protection;
- organize the control purchase of goods (works, services), their expertise (testing) together with the authorized state bodies in the field of technical regulation;
- conduct inspections (without interfering with the financial and economic activities) of business entities in the presence of violations of legislation on consumer protection;
- carry out an assessment of the regulatory impact of draft laws and regulations, as well as adopted regulations on consumers;
- carry out state control over the observance of the legislation on the protection of consumer rights;
- provide official explanations on the application of consumer protection legislation;
- request the necessary documents, explanations and other information from the manufacturer (performer, seller) in case of detection of signs of violation of the legislation on protection of consumer rights;
- send a prescription to the manufacturer (performer, seller) to eliminate deficiencies that violate consumer rights;
- assist in organizing pre-trial settlement of issues related to the violation of consumer rights;
- participate in court proceedings as a specialist in the protection of consumer rights in accordance with the established procedure;
- have the right to go to court to protect the rights of consumers (an indefinite number of consumers);
- exercise other powers in accordance with the legislation.[6]
Consumer protection
In order to exercise state control over compliance with consumer protection legislation, the Agency systematically conducts various kinds of studies in various sectors and areas.
For example, according to the latest market study, it was found that 52 percent of consumer appeals were related to public utilities, construction and transportation services, 23 percent to trade, 15 percent to telecommunications, banking, financial and social services, and 10 percent to advertising and other issues.[7]
At the beginning of December 2021, approximately 25,000 complaints were registered and examined, 826 investigations were carried out, and the number of consumers whose rights were restored was 6.8 million. As a result of reviews and examinations of appeals, the amount of damage caused to consumers was established at 150.5 billion uzbek soums (US$13.9 million).[8]
The Agency, based on the results of studies of consumer appeals, issues binding instructions to business entities. In cases where the entrepreneur fails to comply with the Agency's instructions, the next compulsory stage is the court, where the Agency acts as a plaintiff for the return of money paid as a down payment to consumers.
Consumer application review procedure
STEP 1
- The agency accepts consumer appeals:
- In writing
- Orally through the Agency's call center
- Through e-mail
- Through filling an online form on consumer.uz
- Other state bodies redirect consumer appeals to the Agency
STEP 2
- The Agency reviews consumer complaints:
- Specialists investigate the issue and check the actions for compliance with the law
- Gathering information from both parties
- Filing a case if consumer rights are violated
- Final verdict
STEP 3
Organization of execution of the order of the Agency's decision to restore the rights of consumers in court.[9]
"Control Purchase"
Presidential Decree No. 4887 "On additional measures to ensure healthy eating habits of the population," from November 11, 2020, identified the task of developing a procedure for control purchase of consumer goods in retail outlets and examination (laboratory tests) of goods (works, services);[10] the order was approved by Decree of the Cabinet of Ministers No. 59 "On additional measures to protect consumer rights and ensure effective organization in this direction of the cooperation of state bodies and organizations" from February 8, 2021.[11]
As part of the implementation of this task, the Agency has the right to carry out control purchases of goods and services in retail outlets and the provision of services, the organization of their examination (testing) for compliance with the legislation on the protection of consumer rights. These activities are carried out with the participation of the Uzbek Agency for Technical Regulation, as well as the Service of Sanitary and Epidemiological Welfare and Public Health.[12]
Information about the results of expert reviews is posted on the agency's official website consumer.gov.uz. At present, the Agency mainly deals with food products, but at the request of agencies conducts other expert reviews as well.
Market research
According to decree No. 5817, the Consumer Protection Agency is also tasked with studying the consumer market, price dynamics and pricing mechanisms for goods (works, services).[13]
Employees of territorial administrations of the Agency at the local level monitor (study) the prices of more than 35 food and non-food products, such as vegetable oil, flour, sugar, agricultural products, detergents and personal care products on a quarterly basis. As part of these activities, the movement of these products through the chain from producer to end consumer is also studied. Based on the results of the monitoring, proposals are made to stabilize prices by increasing supply, organization of direct deliveries bypassing intermediary organizations (e.g., fairs).
Advertising market regulation
The Agency conducts regular monitoring of local advertising for compliance with legal requirements, violations of which (inaccurate or distorted information in advertising) lead to misleading consumers.
One of the most recent surveys was conducted regarding Article 20 of the Law "On Advertising", which prohibits placing external advertising on objects of tangible cultural heritage.[14]
In 2021 the Agency carried out work on prevention of unfair competition and unfair advertising. About 27 thousand investigations were carried out, in more than 15 thousand of which various shortcomings were identified and measures were taken to eliminate them.[15]
Lawmaking
The Agency's tasks also include the improvement of the legal framework for the protection of consumers' rights and interests.
In order to assess the impact of regulatory acts on consumers, the Agency conducts inventories of existing acts and gives opinions on drafts of documents under preparation. Also, the Agency develops drafts of normative-legal acts regulating the control purchase and examination of goods, the purchase of pharmaceutical products, as well as the evaluation of the impact of normative documents on consumers.
Amendments to the Law "On Protection of Consumer Rights”
In 2020, the Agency was appointed as one of the responsible bodies for the implementation of paragraph 88 of the State Program 2017-2021 - amendments and additions to the Law of the Republic of Uzbekistan "On Protection of Consumer Rights".[16]
According to the mandate, the Agency has developed a draft law that includes internationally recognized consumer rights standards.
In November 2021, the Senate approved amendments to the law "On Protection of Consumer Rights" of the Republic of Uzbekistan.
The law provides increased seller liability and an expanded list of buyer's rights, including the right to compensation for material damage. The changes in the law also affected the observance of consumer rights in distance selling and provision of distance services. In addition, the rights and powers of the Consumer Protection Agency as the authorized state body were legislated.[17]
New edition of the Law "On Advertising"
The new version of the law on advertising was adopted by the Legislative Chamber on December 28, 2021, and approved by the Senate on March 17, 2022.
The new law establishes a number of requirements in the field of preparation, placement and distribution of advertising. The authorized body of state regulation in the field of advertising is the Consumer Protection Agency, as well as establishes the powers of state bodies and non-governmental organizations to regulate the advertising sphere.[18]
Improving consumer literacy
Another task of the Agency is to organize events to improve consumer literacy of the population with a special focus on young people.
The Agency conducts information campaigns on various topics, such as the fight against environmental pollution, financial literacy, as well as various consumer literacy programs for children.[19] [20]
International cooperation
The Agency maintains relations with the state bodies of foreign countries and international organizations in the field of consumer protection and advertising.
August 24, 2020 - the Agency became a full member of the CIS Advisory Council on Consumer Protection.[21]
June 29, 2021 - a Memorandum of Understanding was signed remotely between the Korea Consumer Protection Agency and the Consumer Protection Agency, identifying future joint activities.[22]
December 21, 2021 - the Agency and the German Sparkassenstiftung for International Cooperation signed a Memorandum of Understanding on Consumer Protection in Finance and a Joint Protocol to establish a training fund for training and professional development in consumer protection.[23]
References
- ↑ "Constitution of the Republic of Uzbekistan". constitution.uz. Retrieved 2022-07-16.
- ↑ "Антимонопольный контекст проводимых реформ". review.uz (in русский). Retrieved 2022-07-16.
- ↑ "УП-5817-сон 11.09.2019. О мерах по коренному совершенствованию правовой и институциональной системы защиты прав потребителей". lex.uz. Retrieved 2022-07-16.
- ↑ "Cоздается Агентство по защите прав потребителей". Norma.uz Информационно-правовой портал (in русский). Retrieved 2022-07-16.
- ↑ "УП-5817-сон 11.09.2019. О мерах по коренному совершенствованию правовой и институциональной системы защиты прав потребителей". lex.uz. Retrieved 2022-07-16.
- ↑ "221-I-сон 26.04.1996. О защите прав потребителей". lex.uz. Retrieved 2022-07-16.
- ↑ "Как обеспечивается на практике защита потребителей?". yuz.uz (in русский). Retrieved 2022-07-18.
- ↑ "Свыше 26 тысяч обращений: Агентство по защите прав потребителей подводит итоги 2021 года". Агентство по защите прав потребителей (in русский). 2022-02-10. Retrieved 2022-07-18.
- ↑ Assalom, O'zbekiston! 15.03.2020, retrieved 2022-07-18
- ↑ "ПП-4887-сон 10.11.2020. О дополнительных мерах по обеспечению здорового питания населения". lex.uz. Retrieved 2022-07-18.
- ↑ "ПП-4887-сон 10.11.2020. О дополнительных мерах по обеспечению здорового питания населения". lex.uz. Retrieved 2022-07-18.
- ↑ "Защищая права потребителей". review.uz (in русский). Retrieved 2022-07-18.
- ↑ "УП-5817-сон 11.09.2019.О мерах по коренному совершенствованию правовой и институциональной системы защиты прав потребителей". lex.uz. Retrieved 2022-07-18.
- ↑ "На исторических объектах Бухары самовольно расклеили рекламные баннеры". uznews.uz (in русский). Retrieved 2022-07-18.
- ↑ "Свыше 26 тысяч обращений: Агентство по защите прав потребителей подводит итоги 2021 года". Агентство по защите прав потребителей (in русский). 2022-02-10. Retrieved 2022-07-18.
- ↑ "УП-5953-сон 02.03.2020.О Государственной программе по реализации Стратегии действий по пяти приоритетным направлениям развития Республики Узбекистан в 2017 — 2021 годах в «Год развития науки, просвещения и цифровой экономики»". lex.uz. Retrieved 2022-07-18.
- ↑ "Усилена защита прав потребителей". yuz.uz (in русский). Retrieved 2022-07-18.
- ↑ "Сенат одобрил новый закон о рекламе. Что изменится". Spot – Деловое издание Узбекистана (in русский). 2022-03-17. Retrieved 2022-07-18.
- ↑ Узбекистан, Sputnik (2022-03-04). "В Узбекистане взялись за повышение финансовой грамотности школьников". Sputnik Узбекистан (in русский). Retrieved 2022-07-18.
- ↑ Узбекистан, Sputnik (2022-05-16). "Узбекистанцам объяснили, как защитить свои потребительские права". Sputnik Узбекистан (in русский). Retrieved 2022-07-18.
- ↑ "Узбекистан вступил в Консультативный совет СНГ по защите прав потребителей". Агентство по защите прав потребителей (in русский). 2020-08-28. Retrieved 2022-07-18.
- ↑ "Korea Consumer Agency signs MOU with Uzbekistan counterpart, holds conference | ICPEN". icpen.org. Retrieved 2022-07-18.
- ↑ The Memorandum of Understanding Signing Ceremony (MOU), retrieved 2022-07-18
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