Last modification: 12.05.21 06:22:44
(The Official Bulletin of the Verkhovna Rada of the Ukrainian SSR (BVR), 1991, No. 30, Article 379)
{Enacted by the Resolution of the Verkhovna Rada No. 1024-XII of 12 May 1991, BVR, 1991, No. 30, Article 380}
{As revised by Law No. 3682-XII of 15 December 1993, BVR, 1994, No. 1, Article 1}
{As amended by Laws
No. 82/95-VR of 2 March 1995, BVR, 1995, No. 14, Article 90
No. 230/95-VR of 20 June 1995, BVR, 1995, No. 23, Article 182
No. 365/97-VR of 18 June 1997, BVR, 1997, No. 35, Article 219
No. 783-XIV of 30 June 1999, BVR, 1999, No. 34, Article 274 —
this version shall enter into force upon the enactment of the
Law on the State Budget of Ukraine for 2000
No. 2438-III of 24 May 2001, BVR, 2001, No. 31, Article 150
No. 2779-III of 15 November 2001, BVR, 2002, No. 9, Article 68
No. 2949-III of 10 January 2002, BVR, 2002, No. 17, Article 120
No. 1252-IV of 18 November 2003, BVR, 2004, No. 11, Article 137}
{As revised by Law No. 3161-IV of 1 December 2005, BVR, 2006, No. 7, Article 84}
{As amended by Laws
No. 1779-VI of 17 December 2009, BVR, 2010, No. 9, Article 84
No. 2741-VI of 2 December 2010, BVR, 2011, No. 18, Article 123
No. 3390-VI of 19 May 2011, BVR, 2011, No. 47, Article 531
No. 3530-VI of 16 June 2011, BVR, 2012, Nos. 2–3, Article 3
No. 3610-VI of 7 July 2011, BVR, 2012, No. 7, Article 53
No. 3674-VI of 8 July 2011, BVR, 2012, No. 14, Article 87
No. 3795-VI of 22 September 2011, BVR, 2012, No. 21, Article 197}
{For an official interpretation of the Law, please refer to the Decision of the Constitutional Court No. 15-rp/2011 of 10 November 2011}
{As amended by Laws
No. 4652-VI of 13 April 2012, BVR, 2013, No. 21, Article 208
No. 5284-VI of 18 September 2012, BVR, 2013, No. 37, Article 488
No. 5312-VI of 2 October 2012, BVR, 2013, No. 38, Article 500
No. 5463-VI of 16 October 2012, BVR, 2014, No. 4, Article 61
No. 1314-VII of 5 June 2014, BVR, 2014, No. 30, Article 1008
No. 1315-VII of 5 June 2014, BVR, 2014, No. 31, Article 1058
No. 1602-VII of 22 July 2014, BVR, 2014, Nos. 41–42, Article 2024
Nos. 77–VIII of 28 December 2014, BVR, 2015, No. 11, Article 75
No. 124–VIII of 15 January 2015, BVR, 2015, No. 14, Article 96
No. 675-VIII of 3 September 2015, BVR, 2015, No. 45, Article 410
No. 1734-VIII of 15 November 2016, BVR, 2017, No. 1, Article 2
No. 1791-VIII of 20 December 2016, BVR, 2017, No. 4, Article 42
No. 2628-VIII of 23 November 2018, BVR, 2018, No. 49, Article 399
No. 2704-VIII of 25 April 2019, BVR, 2019, No. 21, Article 81
No. 2740-VIII of 6 June 2019, BVR, 2019, No. 28, Article 116
No. 122-IX of 20 September 2019, BVR, 2019, No. 4, Article 278
No. 124-IX of 20 September 2019, BVR, 2019, No. 46, Article 295
No. 128-IX of 20 September 2019, BVR, 2019, No. 46, Article 296
No. 286-IX of 12 November 2019, BVR, 2020, No. 2, Article 10
No. 465-IX of 16 January 2020, BVR, 2020, No. 30, Article 206 — shall enter into force after the enactment of Law No. 128-IX of 20 September 2019 in terms of applying
programme cash registers in the sphere of trade, public catering and services — refer to paragraph 2, clause 1 of Section II
No. 720-IX of 17 June 2020, BVR, 2020, No. 47, Article 408}
{Also refer to Law No. 2264-VIII of 21 December 2017, BVR, 2018, No. 10, Article 53}
This Law shall regulate relations between consumers of goods, works and services and manufacturers and sellers of goods, work contractors and service providers of different forms of ownership, as well as determine the mechanism of protecting them and basic implementation of the state policy on the protection of consumer rights.
For the purposes of this Law, the following definitions shall apply:
1) safety of the products shall mean the absence of any risk for life, health, property of a consumer and environment under regular conditions of using, storing, transporting, manufacturing and disposing of the products;
2) putting products into circulation shall mean actions of a business entity aimed at manufacturing or importing into the customs territory of Ukraine the products and subsequent direct or indirect sale thereof in Ukraine;
3) contractor shall mean a business entity, which performs works or provides services;
4) manufacturer shall mean a business entity, which: manufacturers goods or declares itself as the manufacturer of such goods that are manufactured to order by placing its name, trademark or another element identifying such business entity on the goods and/or on the package or in supporting documents; or imports such goods;
5) warranty period shall mean a term within which the manufacturer (seller, contractor or any other person) undertakes to repair or replace relevant products due to putting them into circulation on a free of charge basis;
6) office premises shall mean any premises (building, etc.) where the business entity or its branch, or its structural subdivision, or representative office is located;
7) agreement shall mean an oral or written transaction between a consumer and a seller (contractor) concerning the quality, terms, price and other conditions under which the products are sold. It shall be confirmed that an oral transaction has been conducted by executing a receipt, voucher, settlement document provided for by the Law of Ukraine “On the Use of Cash Registers in the Sphere of Trade, Public Catering and Services” or other documents (hereinafter referred to as the “settlement document”);
{Clause 7, part 1 of Article 1 as revised by Law No. 128-IX of 20 September 2019}
8) distance agreement shall mean an agreement entered into by and between a seller (contractor) and a consumer using telecommunication facilities;
9) agreement entered into outside the trading or office premises shall mean an agreement entered into personally with a consumer at a place other than the trading or office premises of a seller;
10) electronic notification shall mean information provided to a consumer via the telecommunication networks, which can be electronically reproduced or saved by a consumer in any manner;
11) telecommunication facilities shall mean telecommunication networks, mail service, television, information networks, in particular the Internet, which may be used for entering into distance agreements;
12) material defect shall mean a defect, which makes it impossible or unacceptable to use the goods according to its designated purpose, and which emerged due to the fault of a manufacturer (seller, contractor), and once eliminated it is detected again due to reasons beyond the consumer’s control and, at the same time, contains at least one of the following characteristics:
a) it cannot be eliminated at all;
b) elimination thereof requires over fourteen days;
c) it makes the goods essentially different from those provided for by an agreement;
13) proper quality of the goods, work or service shall mean a property of products meeting the requirements set for this category of products by the regulatory acts and terms and conditions of an agreement with a consumer;
{Clause 13, part 1 of Article 1 as amended by Law No. 124-IX of 20 September 2019}
14) unfair business practices shall mean any business activity or inactivity, which are contrary to the rules, trade or other fair customs and affects or may affect the economic behaviour of a consumer in respect of the products;
15) defect shall mean any failure of the products to meet the requirements of regulatory acts, terms and conditions of agreements or requirements set thereto, as well as the product information provided by a manufacturer (contractor, seller);
{Clause 15, part 1 of Article 1 as amended by Law No. 124-IX of 20 September 2019}
{Clause 16, part 1 of Article 1 has been deleted under Law No. 124-IX of 20 September 2019}
17) service shall mean activity of a contractor on providing (transferring to) a consumer with a certain benefit determined by an agreement, either tangible or intangible, which is carried out based on the consumer's individual order for satisfying his/her personal needs;
18) seller shall mean a business entity, which sells goods or offers them for sale to a consumer under an agreement;
19) products shall mean any product (goods), work or service manufactured, performed or provided for satisfying social needs;
20) sale shall mean the activity of business entities on selling the goods (works, services);
21) work shall mean the activity of a contractor, which results in the manufacturing of goods or change of the properties thereof to an individual order of a consumer for satisfying his/her personal needs;
22) consumer shall mean an individual who purchases, orders, uses or intends to purchase or order the products for personal needs, which are indirectly not related to the business activity or performance of employee’s duties;
{For an official interpretation of the provisions of clause 22 of Article 1, please refer to the Decision of the Constitutional Court No. 15-rp/2011 of 10 November 2011}
{Clause 23, part 1 of Article 1 has been deleted under Law No. 1734-VIII of 15 November 2016}
24) shelf life shall mean a period determined by the regulatory acts, terms and conditions of an agreement during which quality and safety indicators of products must meet the requirements of regulatory acts and terms and conditions of an agreement should relevant product storage and/or operation or consumption conditions be complied with;
{Clause 24, part 1 of Article 1 as amended by Law No. 124-IX of 20 September 2019}
25) service life shall mean a calendar period of using the products for their designated purpose starting from the date of putting into circulation or after the repair during which a manufacturer (contractor) warrants their safety and is liable for material defects that emerged due to its fault;
25-1) technically sophisticated household goods shall mean non-food fast-moving consumer goods (devices, vehicles, equipment, etc.), which consists of the nodes, blocks, accessories, meet the requirements of regulatory documents, have technical specifications, are accompanied by operations documents and for which warranty period is set;
{Article 1 has been supplemented with clause 25-1 under Law No. 1791-VIII of 20 December 2016}
26) trading premises shall mean a property complex occupying a separate building (office premises) or located in a building specifically designated and equipped for trade where a business entity carries out activity on selling the goods;
27) counterfeit products shall mean products manufactured with the violation of the technology or unlawful use of a trademark, or by copying the form, package, design, as well as unlawful reproduction of the goods of another person.
The terms “food product” and “unfit food product” shall have the meaning given in the Law of Ukraine “On Basic Principles and Requirements for Food Safety and Quality”.
{Article 1 has been supplemented with part 2 under Law No. 1602-VII of 22 July 2014}
The term “medicinal products” shall have the meaning given in the Law of Ukraine “On Medicinal Products”.
{Article 1 has been supplemented with part 3 under Law No. 2628-VIII of 23 November 2018}
The term “medicinal devices” shall have the meaning in this Law given in the Law of Ukraine “On the Use of Cash Registers in the Sphere of Trade, Public Catering and Services”.
{Article 1 has been supplemented with part 4 under Law No. 2628-VIII of 23 November 2018}
The terms “settlement document” and “electronic settlement document” shall have the meaning in this Law given in the Law of Ukraine “On the Use of Cash Registers in the Sphere of Trade, Public Catering and Services”.
{Article 1 has been supplemented with part 5 under Law No. 465-IX of 16 January 2020 — concerning the enactment, please refer to paragraph 2, clause 1 of Section II}
Article 1-1. Scope of this Law
1. This Law shall regulate the relations between a consumer of goods (except for food products, unless otherwise expressly stated in this Law), works and services and manufacturers and sellers of goods, work contractors and service providers.
{The Law has been supplemented with Article 1-1 under Law No. 1602-VII of 22 July 2014}
Article 2. Legislation on the protection of consumer rights
1. The legislation on the protection of consumer rights shall consist of this Law, the Civil Code of Ukraine, the Commercial Code of Ukraine and other regulatory acts containing provisions on the protection of consumer rights.
2. Specific aspects of protecting consumer rights to financial services shall be determined by relevant laws.
{Article 2 has been supplemented with part 2 under Law No. 122-IX of 20 September 2019}
Article 3. International treaties
1. If an international treaty ratified by the Verkhovna Rada of Ukraine provides for rules other than those provided for by the legislation of Ukraine on the protection of consumer rights, rules of the international treaty shall apply.
Section II
CONSUMER RIGHTS AND PROTECTION THEREOF
Article 4. Rights and obligations of consumers
1. When entering into, amending, performing and terminating agreements on obtaining (purchasing, ordering, etc.) the products, as well as when using the products sold in Ukraine, in order to satisfy their personal needs, consumers shall have the right to:
{Paragraph 1, part 1 of Article 4 as revised by Law No. 122-IX of 20 September 2019}
1) protection of their rights by the state;
2) proper quality of products and services;
4) necessary, publicly available, true and timely information in the official language about the products, quantity, quality, range, manufacturer (contractor, seller) thereof under the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as the State Language”;
{Clause 4, part 1 of Article 4 as revised by Law No. 2704-VIII of 25 April 2019}
4-1) provision of services in the state language under the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as the State Language”;
{Part 1 of Article 4 has been supplemented with clause 4-1 under Law No. 2704-VIII of 25 April 2019}
5) compensation of pecuniary and non-pecuniary damage caused as a result of defects in products under the law;
{Clause 5, part 1 of Article 4 as revised by Law No. 3390-VI of 19 May 2011}
6) apply to court and other authorised state bodies for the protection of infringed rights;
{Clause 6, part 1 of Article 4 as amended by Law No. 5463-VI of 16 October 2012}
7) form public consumer organisations (consumer associations).
2. Consumers shall also have other rights determined by the legislation on the protection of consumers’ rights.
3. Consumers shall be obliged to:
1) carefully read the operations manual given in the goods documentation provided by a manufacturer (seller, contractor) before starting to use the goods;
2) should explanation of the conditions and rules for using goods be required — request the explanations from a seller (manufacturer, contractor) or another person who performs their duties and is specified in the operation documentation before starting to use the goods;
3) use the goods according to their designated purpose and comply with the conditions (requirements, norms, rules) determined by the manufacturer of goods (contractor) in the operation documentation;
4) to prevent adverse consequences of using the goods for a consumer — take the safety measures provided for by the manufacturer subject to compliance with the special rules provided for by the operation documentation, and in the absence of such rules in the documentation — to comply with the common reasonable safety measures set for such goods.
Article 5. Protection of consumer rights
1. The state shall ensure the consumers the protection of their rights, provide the option to freely choose the products, obtain knowledge and qualification necessary for making own decisions when purchasing and using the products subject to their needs, and shall guarantee purchase or acquisition of the products in other legal ways to the extent ensuring the consumption level necessary for maintaining health and life activities.
2. The state shall create conditions for obtaining by a consumer of the necessary knowledge on exercising his/her rights, including by developing and implementing relevant educational programs.
{Part 2 of Article 5 as amended by Law No. 122-IX of 20 September 2019}
3. Consumer rights shall be protected by a central executive authority shaping and enforcing the state policy on protecting consumer rights, central executive authority implementing the state policy in the field of public oversight over the compliance with the legislation on the protection of consumer rights, local state administrations, other executive authorities, local governments under the law, as well as courts.
Protection of consumer rights in the field of food safety and quality, informing about their properties, including labelling, shall be carried out by a central executive authority, which implements the state policy on food safety and quality.
{Part 3 of Article 5 as amended by Law No. 3610-VI of 7 July 2011, No. 5463-VI of 16 October 2012; as revised by Law No. 1602-VII of 22 July 2014}
Article 6. Consumer right to proper quality of products
1. A seller (manufacturer, contractor) shall be obliged to transfer products of the proper quality to the consumer, as well as provide information about such products.
2. Upon the consumer’s request, a seller (manufacturer, contractor) shall be obliged to provide him/her with documents confirming the proper quality of products.
3. Requirements to the products as to their safety for life, health and property of consumers, as well as the environment, shall be set by regulatory acts, including technical regulations.
{Paragraph 1, part 3 of Article 6 as amended by Law No. 124-VIII of 15 January 2015}
{Paragraph 2, part 3 of Article 6 has been deleted under Law No. 124-VIII of 15 January 2015}
{Paragraph 3, part 3 of Article 6 has been deleted under Law No. 124-VIII of 15 January 2015}
4. It shall be prohibited to put counterfeit products into circulation.
5. A manufacturer (contractor) shall be obliged to ensure that the products are used according to their designated purpose throughout their service life provided for by the regulatory acts or determined by it upon agreement with a consumer, and in the absence of such a service life — for ten years.
{Paragraph 1, part 5 of Article 6 as amended by Law No. 124-IX of 20 September 2019}
A manufacturer (contractor) shall be obliged to ensure maintenance and warranty repair of products, as well as release and delivery of replacement parts for enterprises carrying out maintenance and repair in the required volume and range throughout the entire term of their manufacturing, and after discontinuation thereof — throughout the service life, and in the absence of such a service life — for ten years.
The list of groups of technically sophisticated household goods subject to warranty repair (maintenance) or warranty replacement shall be determined by the Cabinet of Ministers of Ukraine.
{Part 6 of Article 6 has been supplemented with paragraph 3 under Law No. 1791-VIII of 20 December 2016}
{Part 6 of Article 6 has been deleted under Law No. 124-IX of 20 September 2019}
Article 7. Warranty obligations
1. A manufacturer (contractor) shall ensure proper operation (application, use) of the products, including the accessories, throughout the warranty period set by the regulatory act or an agreement.
The warranty period for the accessories must be at least as long as the warranty period for the main product unless otherwise provided for by the regulatory acts or an agreement.
{Part 1 of Article 7 as amended by Law No. 124-IX of 20 September 2019}
2. The warranty period shall be specified in a product passport or any other document attached to the products.
{Paragraph 1, part 2 of Article 7 as amended by Law No. 1602-VII of 22 July 2014}
Warranty obligations shall in any case also include any obligations of a manufacturer (contractor) or seller provided for by the advertisement.
3. Where consumer properties of products may deteriorate with time and pose a threat to life, health, property of consumers and environment, the shelf life shall be set, which is to be specified on labels, packaging or other documents attached thereto at the time of its sale and shall be deemed the warranty period.
The shelf life shall be counted starting from the date of manufacture to be also specified on labelling or in other documents, and shall be determined either as a period of time during which the goods can be used, or a date by which the goods can be used.
It shall be prohibited to sell goods with no shelf life specified or with shelf life specified in violation of the requirements of regulatory acts, as well as goods with the expired shelf life.
{Paragraph 3, part 3 of Article 7 as amended by Law No. 124-IX of 20 September 2019}
The warranty period for seasonal goods (clothes, fur and other products) shall be counted from the beginning of a relevant season to be determined by the Cabinet of Ministers of Ukraine.
4. When selling goods per sample, by mail, and when the time of entering into a sale and purchase agreement does not coincide with the time of transferring goods to a consumer, the warranty period shall be counted from the date of transferring goods to a consumer, and if relevant goods require special installation (connection) or assembly — from the date of performing such actions, and if it is impossible to establish the date of transfer, installation (connection) or assembly of goods, as well as the transfer of the real estate, or if the property was kept with a consumer before a sale and purchase agreement was entered into — from the date of entering into a sale and purchase agreement.
5. A consumer shall have the right to file relevant demands to a seller (manufacturer, contractor) in respect of products with no warranty period or shelf life if defects are detected within two years, and in respect of a construction site — within no later than ten years after it is transferred to a consumer.
6. When carrying out the warranty repair, the warranty period shall be prolonged for the time the products were under repair.
The specified time shall be counted from the date when a consumer filed a demand on eliminating the defects.
7. In case of replacement of goods, the warranty period thereof shall be counted from the date of replacement.
8. The warranty obligation shall be terminated on common grounds provided for by the Civil Code of Ukraine.
9. The warranty obligation shall not be terminated if it is impossible to perform such an obligation as there are no materials, accessories and replacement parts required for the performance thereof.
Article 8. Consumer rights in case of purchase of poor-quality goods
1. If defects are detected during the set warranty period, in accordance with the procedure and within the terms determined by the legislation, a consumer shall have the right to demand the following:
1) proportionate reduction of the price;
2) free-of-charge elimination of defects in goods within a reasonable term;
3) compensation for losses incurred on eliminating the defects in goods.
If material defects, which have occurred due to the fault of a goods manufacturer (seller, contractor), or counterfeit goods confirmed, if necessary, by findings of an expert examination are detected during the set warranty period, a consumer shall have the right to demand from a seller or manufacturer at his/her choice, in accordance with the procedure and within the terms set by legislation and under the rules or agreement binding upon the parties:
1) termination of the agreement and refund of cash amount paid for the goods;
2) replacement of goods for the same or similar goods from among those available in goods seller (manufacturer).
2. In respect of non-food goods, which have been used and sold through the retail second-hand trading enterprises, consumer’s demands specified in part 1 of this Article shall be satisfied with the seller’s consent.
According to this part, consumer demands in respect of goods the warranty period for which has not expired shall be satisfied.
3. Consumer demands determined by part 1of this Article shall be filed at the consumer’s choice with a seller at the place of goods purchase, with a manufacturer or enterprise satisfying such demands at the place of consumer’s location.
A consumer shall have the right to file one of the demands provided for by part 1 of this Article, and, unless it is satisfied, to file another one provided for by part 1 of this Article.
The specified demands at the place of consumer’s location shall also be satisfied by trading enterprises and branches set up by a seller’s owner, which sell goods similar to those purchased by a consumer, or enterprises vested with such functions under an agreement. Functions of the representatives of the manufacturing enterprises shall be performed by their representative offices and branches set up for this purpose, or enterprises satisfying the specified demands under an agreement with a manufacturer.
4. During the sale of goods, a seller and manufacturer must inform a consumer about the enterprises satisfying the demands determined by parts 1 and 3 of this Article. Failure to provide such information shall be punishable according to Articles 15 and 23 of this Law.
5. A seller, a manufacturer (enterprise satisfying the consumer's demands determined by part 1of this Article) must accept the poor-quality goods from a consumer and satisfy his/her demands.
Delivery of heavy goods and goods weighing over five kilograms to a manufacturer (enterprise satisfying the consumer’s demands determined by part 1 of this Article) and return thereof to a consumer shall be carried out at the expense of a seller, manufacturer (enterprise satisfying the consumer’s demands determined by part 1 of this Article).
6. Should goods be in stock, the consumer’s demand for replacement must be satisfied immediately, and if it is necessary to verify the quality — within fourteen days or upon agreement of the parties.
Should there be no goods in stock, the consumer’s demand for replacing them must be satisfied within two months after a relevant application is filed. If it is impossible to satisfy the consumer’s demand for replacing the goods within the set term, a consumer shall have the right to file other demands provided for by clauses 1, 3, 4 and 5, part 1 of this Article with a seller, manufacturer (enterprise satisfying the consumer’s demands determined by part 1 of this Article), at his/her choice.
7. When replacing goods with defects for goods of a similar brand (model, article, modification) of the proper quality the price of which as changed, the cost shall not be recalculated.
When replacing goods with defects for goods of another brand (model, article, modification) of the proper quality, in case of increased price for it, the cost of goods with defects shall be recalculated based on their cost as of the time of replacement, and in case of reduced price — based on the cost at the time of purchase.
If an agreement is terminated, settlement with a consumer in case of the increase in the price of goods shall be made based on their cost as of the time of filing a relevant demand, and in case of reduction of the price — based on the cost of goods as of the time of purchase. Money paid for goods shall be refunded to a consumer on the agreement termination date, and should it be impossible to refund the money on the agreement termination date — within another period upon agreement of the parties, but no later than within seven days.
8. If a consumer purchases an unfit food product, a seller must replace it for a food product, which is fit for consumption, or refund a consumer for the funds paid by him/her. In this case, settlements with a consumer shall be made in accordance with the procedure provided for by paragraph 3, part 7 of this Article.
{Part 8 of Article 8 as revised by Law No. 1602-VII of 22 July 2014}
9. When a consumer files a demand for free-of-charge elimination of defects in goods, they must be eliminated within fourteen days after such a demand is filed or within another period with the consent of the parties.
If consumer requests so, he/she shall be given (with delivery) goods of a similar brand (model, article, modification) irrespective of the model for the period of repair. To that end, a seller, manufacturer (enterprise satisfying the consumer’s demands determined by part 1 of this Article) must create (have) a goods exchange fund. The list of such goods shall be determined by the Cabinet of Ministers of Ukraine.
A consumer shall be paid the liquidated damages in the amount of one per cent of the cost of goods for each day of delay in satisfying the demand for the provision of goods of a similar brand (model, article, modification) and for each day of delay in eliminating defects over the set period (fourteen days).
In case of eliminating defects by replacing an accessory or component part of the goods for which warranty periods are set, the warranty period for a new accessory or component part shall be counted starting from the date the goods are released to a consumer after repair.
10. A consumer shall have the right to file a demand with a manufacturer (seller) for the free-of-charge elimination of defects in goods after the warranty period. This demand may be filed during the set service life, and if no such service life is set — within ten years if defects (material defects) are detected in goods caused by the manufacturer’s fault. Unless such a demand is satisfied within the periods provided for by part 9 of this Article, a consumer shall have the right to file other demands with a manufacturer (seller) under part 1 of this Article.
11. Consumer’s demands shall be considered after the consumer provides a settlement document, and in respect of goods for which warranty period is set — a technical certificate or another document replacing it with a mark on the date of sale. Consumer’s demands in respect of medicinal products and medical devices shall be considered after a consumer provides a settlement document provided for by the Law of Ukraine “On the Use of Cash Registers in the Sphere of Trade, Public Catering and Services”, and in respect of technically sophisticated household goods — after the provision of a settlement document provided for by the Law of Ukraine “On the Use of Cash Registers in the Sphere of Trade, Public Catering and Services” and a technical certificate or another document replacing it with a mark on the date of sale.
{Paragraph 1, part 11 of Article 8 as revised by Law No. 1791-VIII of 20 December 2016; as amended by Law No. 2628-VIII of 23 November 2018}
During the sale of goods, a seller must provide a consumer with a standard settlement document certifying the fact of sale with a mark on the date of sale, or show a QR code on the display of a programme cash register (display of a device on which the programme cash register is installed) enabling a person to read and identify it with a settlement document by the structure of data contained therein or send an electronic settlement document to telephone line number or e-mail address communicated by a consumer.
{Paragraph 2, part 11of Article 8 as amended by Law No. 465-IX of 16 January 2020 — concerning the enactment, please refer to paragraph 2, clause 1of Section II}
A settlement document must be provided or created in electronic form by the moment of transferring the goods (service.)
{Part 11 of Article 8 has been supplemented with a new paragraph under Law No. 465-IX of 16 January 2020 — concerning the enactment, please refer to paragraph 2, clause 1 of Section II}
If a consumer loses a technical certificate or another document replacing it, they shall be restored in accordance with the procedure determined by the legislation.
12. A manufacturer must compensate all the losses of a seller (enterprise satisfying the consumer demands determined by part 1 of this Article), which considers the consumer’s claim in respect of the purchased goods.
A seller (manufacturer) of goods must compensate an enterprise performing its functions for losses it incurred due to the satisfaction of consumer’s demands provided for by this Article within one month.
13. Demands determined by part 1 of this Article in respect of goods manufactured outside Ukraine shall be satisfied at the expense of a seller (importer).
14. Consumer’s demands provided for by this Article shall not be subject to satisfaction if a seller, manufacturer (enterprise satisfying the consumer’s demands determined by part 1 of this Article) prove that the defects in goods emerged as a result of violation by a consumer of the rules of using or storing the goods. A consumer shall have the right to participate in the verification of the quality of goods personally or through his/her representative.
Article 9. Consumer rights when purchasing goods of proper quality
1. A consumer shall have the right to exchange the proper quality non-food goods for similar goods at a seller from which it was purchased if the goods failed to satisfy him/her by the form, dimensions, model, colour, size or cannot be used according to their designated purpose for other reasons.
A consumer shall have the right to exchange the proper quality goods within fourteen days, exclusive of the date of purchase unless a longer period is declared by a seller.
{Paragraph 2, part 1 of Article 9 as amended by Law No. 2741-VI of 2 December 2010}
The proper quality goods shall be exchanged if they have not been used and the marketable condition, consumer properties, seals, tags, as well as a settlement document provided to a consumer along with the sold goods or a QR code shown on the display of a programme cash register (display of a device on which the programme cash register is installed) enabling a consumer to read and identify it with a settlement document by the structure of data contained therein, or an electronic settlement document sent to a telephone line number or e-mail address communicated by a consumer, are preserved.
{Paragraph 3, part 1 of Article 9 as amended by Law No. 465-IX of 16 January 2020 — concerning the enactment, please refer to paragraph 2, clause 1 of Section II}
The list of goods not subject to exchange (return) for grounds specified in this Article shall be approved by the Cabinet of Ministers of Ukraine.
2. If at the time of exchange no similar goods are in stock, a consumer shall have the right to either purchase any other goods from the range in stock with the relevant recalculation of the cost, or terminate the agreement and get the refund in the amount of the cost of returned goods, or exchange the goods for the similar goods as soon as it is available for sale. On the date of receiving the goods for sale, a seller must notify a consumer who demands the exchange thereof.
3. In case of terminating the sale and purchase agreement, settlements with a consumer shall be made based on the cost of goods at the time of purchase thereof. Money paid for goods shall be refunded to a consumer on the agreement termination date, and should it be impossible to refund the money on the agreement termination date — within another period upon agreement of the parties, but no later than within seven days.
Article 10. Consumer rights in case of violation of terms and conditions of an agreement on works (services)
1. A consumer shall have the right to waive an agreement on works (services) and demand compensation for losses if a contractor failed to timely commence performance of the obligations under the agreement or performs the works so slowly that it becomes impossible to finish them by the determined deadline.
If a significant part of the scope of service or works (over seventy per cent of the total scope) has already been completed, a consumer shall have the right to terminate the agreement only in respect of the outstanding part of a service or works.
2. If during the performance of works (provision of services) it becomes clear that they will not be performed due to the contractor’s fault under the terms and conditions of the agreement, a consumer shall have the right to set a relevant deadline for a contractor for eliminating the defects, and in case of failure to comply with this demand within the set period — to terminate the agreement and demand compensate for losses or assign a third party for eliminating the defects at the contractor’s expense.
3. If defects are detected in the performed work (provided service), a consumer shall have the right to demand, at his/her choice:
1) free-of-charge elimination of defects in the performed work (provided service) within a reasonable period;
2) relevant reduction of the price of performed works (services rendered);
3) free-of-charge manufacture of another item from the same material and of the same quality or re-performance of the work;
4) compensation for losses caused to him/her with the elimination of defects in the performed works (services rendered) using the contractor’s resources or with the engagement of a third party;
5) exercise of other rights provided for by the current legislation as of the date of entering into a relevant agreement.
The specified demands shall be subject to satisfaction of defects are detected during acceptance of the performed work (provided service), and if it is impossible to detect the defects during acceptance of the performed work (provided service) — within the warranty period or another period determined by an agreement, or within two years after the performed work (provided service) are accepted if there is no warranty period or another period determined by the legislation or an agreement.
4. Should the work (service) have material defects, a consumer shall have the right to demand termination of the agreement and compensation for losses.
If material defects have been detected in the work (service) performed from the consumer’s material, a consumer shall have the right to demand either performance thereof from the same material of a contractor or termination of the agreement and compensation for losses, at his/her choice.
The specified demands may be filed by a consumer within the periods provided for by the regulatory acts and terms and conditions of an agreement, and in the absence of such periods — within ten years.
{Paragraph 3, part 4 of Article 10 as amended by Law No. 124-IX of 20 September 2019}
6. If a contractor cannot perform (delays the performance) of the work (provision of a service) under the agreement, late performance fees shall be paid to a consumer for each day (each hour if the performance duration is determined in hours) of delay in the amount of three per cent of the cost of the works (service), unless otherwise provided for by the legislation. Unless the cost of the work (service) is determined, a contractor shall pay a consumer the liquidated damages in the amount of three per cent of the total order cost.
Payment by a contractor of the liquidated damages (late performance fees) determined in case of failure to perform, delay in performance or another failure to properly perform the obligations shall not release it from the performance of the obligation in kind.
6. A contractor shall not be liable for failure to perform, delay in performance or another failure to properly perform the obligation and defects in the performed works or provided services if it proves that they have emerged due to the consumer’s fault or as a result of force majeure.
7. A consumer must notify a contractor of the deviations from the terms and conditions of the agreement and other defects in the work (service), which could not have been detected in a regular manner of accepting them, within three days after they are detected.
8. Depending on the nature and specific aspects of the performed work (provided service), a contractor must provide a consumer with a settlement document certifying the fact of work performance (service provision), or show a QR code on the display of a programme cash register (display of a device on which the programme cash register is installed) enabling a consumer to read and identify it with a settlement document by the structure of data contained therein or send an electronic settlement document to telephone line number or e-mail address communicated by a consumer.
{Part 8 of Article 10 as amended by Law No. 465-IX of 16 January 2020 — concerning the enactment, please refer to paragraph 2, clause 1 of Section II}
9. A contractor must compensate for losses incurred due to the loss, spoilage or damage to a thing accepted by it from a consumer for performing works (providing services) within one month. A contractor shall not be released from liability if the level of its scientific and technical knowledge provided for no opportunity to detect the special properties of a thing accepted by it from a consumer for performing works (providing services).
If the performance of works (provision of services) requires the use of additional materials, such materials must meet the safety requirements determined by the legislation to such materials.
10. A contractor shall be liable for the damage caused to life, health or property of a consumer, which occurred as a result of using the things, materials, equipment, devices, instruments, applications or other means necessary for performing the works (providing services) irrespective of the level of its scientific and technical knowledge making enabling to detect their properties under the legislation.
11. If during the performance of works (provision of services) additional works (services) not provided for by the terms and conditions of an agreement are required, a contractor must obtain authorisation from a consumer to perform such works (provide services).
Any additional work (services) performed (provided) by a contractor without the consumer’s authorization shall create no obligations for a consumer to pay for it.
12. If after an agreement is entered into it appears that the works (services), given their price (cost) and specifications or other circumstances, expressly fail to meet the interests or demands of a consumer, a contractor must immediately notify the consumer thereof.
A contractor must also notify a consumer if the cost of works (services) may significantly increase, i.e., more than it could have been expected at entering into the agreement.
A consumer shall have the right to waive the agreement on works (services) without any penalties for a contractor in case of circumstances provided for by paragraphs 1 and 2 of this part.
13. Requirements of this Article shall not apply to the performance of works on warranty repair.
Article 11. Consumer rights in case of purchasing products on credit
1. This Law shall apply to consumer lending relations to the extent not contradicting the Law of Ukraine “On Consumer Lending”.
{Article 11 as amended by Law No. 3795-VI of 22 September 2011; text of Article 11 as revised by Law No. 1734-VIII of 15 November 2016}
Article 12. Consumer rights in case of entering into an agreement outside trading or office premises
1. Provision of this Article shall not apply to agreements entered into outside trading or office premises, which concern:
1) consumer lending agreements;
2) transactions with real estate;
3) transactions with securities;
2. If products are sold outside the trading or office premises, a seller (contractor) must provide a consumer with a document certifying the fact of entering into an agreement, which is the grounds for the emergence of mutual rights and obligations. Such a document must contain information on:
1) the date of entering into an agreement;
2) the name and location of a seller (contractor);
5) the deadline of performing works (providing services);
6) other material terms and conditions of an agreement;
7) rights and obligations of the parties to an agreement.
In case of failure to provide such information, a business entity shall be liable under Articles 15 and 23 of this Law.
3. If products are sold outside the trading or office premises, a consumer shall have the right to terminate an agreement provided that he/she notifies a seller (contractor) thereof within fourteen days after the date of receiving a document certifying the fact of conducting a transaction outside the trading or office premises or accepting the products or the first supply of such products, provided that such products are a thing, and the products are accepted or supplied after the consumer receives a document on the sale thereof.
4. If the products are sold outside the trading or office premises, a seller (contractor) must refund the money paid without any delay within thirty days after it is notified by a consumer of the termination of the agreement. A consumer shall have the right not to return the products or results of work or service until the amounts of money paid by him/her are refunded.
5. In case of terminating the agreement entered into outside the trading or office premises, a consumer must notify a seller (contractor) of the place where the products may be returned.
An agreement may provide that if the products or results of works (services) sent by mail must also be returned by mail in case of termination of the agreement.
Any expenses related to the return of products shall be borne by a seller (contractor). A seller (contractor) must compensate the consumer’s expenses on returning the products.
In case of terminating the agreement entered into outside the trading or office premises, a consumer shall no longer be obliged to store products after the expiration of sixty days following their receipt. If a seller (contractor) fails to take measures on returning the products within the specified period, such products shall pass into the consumer’s ownership without any obligation to pay their cost.
6. Unless a consumer is provided with a document (electronic document) certifying the fact of conducting a transaction outside the trading or office premises, such a transaction shall not be grounds for the emergence of obligations for a consumer.
In case of failure to provide the document (electronic document) or confirm the information, a consumer shall notify a seller (contractor) that the agreement is invalid. A seller (contractor) must return the received funds to a consumer and compensate the expenses incurred by a consumer on returning the products within thirty days after receiving such a notification.
{Part 6 of Article 12 as amended by Law No. 675-VIII of 3 September 2015}
7. In order to exercise the right to terminate an agreement, a consumer must keep the received products unchanged.
Destruction, damage or spoilage of products, which occurred through no consumer’s fault, shall not deprive a consumer of the right to terminate the agreement. Reduction of the cost of products as a result of opening the package, inspection or verification of products shall not deprive the consumer of the right to terminate the agreement.
8. If a seller (contractor) or third party has granted a consumer a loan for the amount of funds under an agreement entered into outside the trading or office premises, such a loan shall become invalid once the agreement is terminated.
9. If despite the requirements of this Article a seller (contractor) fails to refund the amount of funds paid for the products within the set periods in case of termination of the agreement, a consumer shall be paid the liquidated damages in the amount of one per cent of the cost of products for each day of delay in refund.
Article 13. Consumer rights in case of entering into a distance agreement
1. Provisions of this Article shall not apply to distance agreements, which have been entered into and concern:
1) transactions with real estate, except for lease of such real estate;
2) transactions with securities;
4) sale of goods using vending machines;
5) telecommunication services;
6) transactions conducted at an auction if it is possible to participate in it without using the telecommunication facilities.
2. Before entering into distance agreements, a seller (contractor) must provide a consumer with the information about:
1) the name of a seller (contractor), its location and claim acceptance procedure;
2) the main specifications of the products;
3) the price, including the delivery fee, and payment conditions;
4) warranty obligations and other services;
5) other conditions of supply or performing the agreement;
6) the minimum term of the agreement should it provide for periodic supplies of products or services;
7) the cost of telecommunication services if it differs from the threshold tariff;
8) the period for accepting the proposals;
9) the procedure for terminating the agreement.
In case of failure to provide such information, a business entity shall be liable under Articles 15 and 23 of this Law.
3. The fact of providing the information according to the requirements of part 2 of this Article must be confirmed in writing or via electronic notification. The information confirmed in such a manner may not be unilaterally altered by a seller (contractor).
No confirmation of information shall be required if the service is provided using telecommunication facilities and paid through a telecommunication service operator.
4. A consumer shall have the right to terminate a distance agreement by notifying a seller (contractor) thereof within fourteen days after the confirmation of information or after receiving the goods or after the first supply of goods.
If according to paragraph 2, part 3 of this Article no confirmation of information is required, a consumer may terminate the agreement within fourteen days after entering into such an agreement.
In case of selling tangible things, return thereof shall evidence the termination of the agreement.
If confirmation of the information fails to meet the requirements of part 3 of this Article, the period within which a consumer has the right to terminate the agreement shall be ninety days after receiving such information, or in case of selling tangible things — after receiving the goods or after the first supply of goods. If the confirmation of information has been rectified within this period, a consumer shall have the right to terminate the agreement within fourteen days after receiving a relevant rectified confirmation.
5. Unless otherwise provided for by the agreement, a consumer shall have no right to terminate a distance agreement if:
1) services were provided or goods were supplied using electronic means of communication with the consumer’s consent before the expiration of the agreement termination period determined by part 4 of this Article whereof a consumer has been notified in the confirmed information;
2) the price of goods or service depends on the quotes on a financial market, i.e., is beyond the seller’s control;
3) the agreement concerns manufacturing or processing of the goods to the consumer’s order, i.e., if the goods may not be sold in other ways or may be sold only with material financial losses for a seller (contractor);
4) a consumer has opened an audio or videotape or computer software medium, which is supplied sealed;
5) the agreement concerns the supply of periodicals;
6) the agreement concerns lotteries or other gambling games.
6. Unless otherwise provided for by a distance agreement, a seller must supply the goods to a consumer within a reasonable period, but no later than within thirty days after obtaining the consumer’s consent to entering into the agreement.
Should it be impossible to perform the agreement due to the absence of the ordered goods, a seller must immediately notify a consumer thereof, but no later than within thirty days after obtaining the consumer’s consent to entering into the agreement.
A seller may use a standard condition in the agreement on the option of replacing the goods in the absence thereof with other goods. Such a condition shall be deemed fair if:
1) other goods meet the goal of using ordered goods;
2) are of the same or better quality;
3) their price does not exceed the price of ordered goods.
A consumer must be notified of the availability of such a condition in the agreement before entering into the agreement in accordance with the procedure provided for by part 2 of this Article.
7. Provisions provided for by parts 5—9, Article 12 of this Law shall apply to a distance agreement.
Article 14. Consumer rights to the safety of products (goods, work deliverables)
1. A consumer shall have the right to the products, under regular conditions of using, storing and transporting them, being safe for his/her life, health, environment and causing no damage to his/her property.
{Paragraph 2, part 1 of Article 14 has been deleted under Law No. 1602-VII of 22 July 2014}
2. A service life (shelf life) shall be set for goods (work deliverables) the use of which over the set period is dangerous for the consumer’s life and health, and environment or may cause damage to the consumer’s property. These requirements may apply to both the product in general and certain part thereof.
A manufacturer (contractor, seller) must warn a consumer of the set service life (shelf life) of goods (work deliverables) or parts thereof, mandatory conditions of using them and potential consequences in case of failure to comply therewith, as well as of the necessary actions after such a period expires.
{Paragraph 3, part 2 of Article 14 has been deleted under Law No. 1602-VII of 22 July 2014}
3. If for the safe use of products, storage, transportation and disposal thereof it is necessary to comply with special rules, a manufacturer (contractor) must develop such rules and communicate them to a seller or consumer, and a seller must communicate them to a consumer, unless other ways of informing the consumers about certain types of risks or products are provided for by the relevant regulatory acts, including the technical regulations.
{Part 3 of Article 14 as amended by Law No. 2740-VIII of 6 June 2019}
4. Products, in respect of which safety requirements in terms of life, health and property of consumers and environment have been set by regulatory acts, including technical regulations, must be put into circulation and sold subject to the specified requirements.
{Part 4 of Article 14 as amended by Law No. 1602-VII of 22 July 2014; as revised by Law No. 124-VIII of 15 January 2015}
5. A manufacturer (contractor) must fully compensate the consumers for the damages caused by withdrawing the products.
{Part 5 of Article 14 as revised by Law No. 1602-VII of 22 July 2014}
{Part 6 of Article 14 has been deleted under Law No. 1602-VII of 22 July 2014}
7. A manufacturer (contractor) must inform a consumer about the potential risk and safe use of products using the marks common for the international practice, unless other ways of informing the consumers about certain types of risk or products are provided for by the relevant regulatory acts, including technical regulations.
{Part 7 of Article 14 as amended by Law No. 2740-VIII of 6 June 2019}
Article 15. Consumer rights to information about products
1. A consumer shall have the right to obtain necessary, publicly available, true and timely information about the products enabling to make a conscious and competent choice. The information must be provided to a consumer before he/she purchases goods or orders works (service). The information about products shall not be deemed an advertisement.
The information about products must contain:
1) the name of goods, name or image of a trademark under which they are sold;
{Paragraph 4, part 1 of Article 15 has been deleted under Laws No. 1315-VII of 5 June 2014, No. 1602-VII of 22 July 2014}
3) data on the main properties of products, nominal quantity (weight, volume, etc.), conditions of using;
{Clause 3, part 1 of Article 15 as revised by Law No. 1602-VII of 22 July 2014}
4) data on the content of substances hazardous for health, which are determined by regulatory acts and observations on using certain products if such observations are set by the regulatory acts;
5) a mark on products containing genetically modified organisms;
{Paragraph 7, part 1 of Article 15 as revised by Laws No. 1779-VI of 17 December 2009, No. 1602-VII of 22 July 2014}
6) data on the price (tariff), conditions and rules of purchasing products;
6-1) if false information about products is identified (if it causes no damage to life, health or property of a consumer), a manufacturer (seller) shall withdraw such products from the market and bring the information about it in compliance within one week unless another plan of actions for a manufacturer (seller) is provided for in such cases by a la or relevant technical regulation;
{Part 1 of Article 15 has been supplemented with a new paragraph under Law No. 1779-VI of 17 December 2009; as amended by Law No. 2740-VIII of 6 June 2019}
8) storage conditions details;
9) warranty obligations of a manufacturer (contractor);
10) rules and conditions of efficient and safe use of the products;
11) the shelf life (service life) of goods (work deliverables), information about the necessary actions after the expiration thereof, as well as potential consequences in case of failure to take such actions;
12) the name and location of a manufacturer (contractor, seller) and enterprise performing its functions on accepting the claims from a consumer, as well as carrying out the repair and maintenance.
Information about the services related to a concert, touring, contest, festival activities must contain data on the use or non-use by musical performing artists of sound records of their own vocal, instrumental, vocal and instrumental performance of a musical work with or without musical accompaniment, or sound records of musical accompaniment to their own vocal, instrumental, vocal and instrumental performance of a musical work.
{Paragraph 17, part 1 of Article 15 has been deleted under Law No. 2740-VIII of 6 June 2019}
A manufacturer (contractor, seller) must communicate the information about the products, which under certain circumstances may be dangerous for the consumer’s life, health, property and environment, and potential consequences of consuming (using) them.
Regulatory acts, including technical regulations, may set additional requirements to the content of information about the products. If special requirements to the content of information about certain types of products are set by the regulatory acts, including technical regulations, the provisions of this part shall apply to the extent not covered by such special requirements.
{Part 1 of Article 15 has been supplemented by a new paragraph under Law No. 124-VIII of 15 January 2015; as amended by Law No. 2740-VIII of 6 June 2019}
The information must be provided to a consumer according to the legislation on languages.
2. The information provided for by part 1 of this Article shall be communicated to consumers by a manufacturer (contractor, seller) in supporting documentation attached to the products, on a tag, as well as on labelling or in another way (in an accessible visual form) determined by the relevant regulatory acts, including technical regulations, or common for certain types of products or in certain areas of services provision.
{Paragraph 1, part 2 of Article 15 as amended by Law No. 2740-VIII of 6 June 2019}
The information about products may be placed in places of sale thereof, as well as, with consumer’s consent, shall be communicated to him/her via the telecommunication facilities.
{Paragraph 3, part 2of Article 15 has been deleted under Law No. 1602-VII of 22 July 2014}
3. A seller (contractor) selling products must in all cases specify the price of each unit of such products or each category of products and the price of one standard unit of such products.
Inscriptions on the selling price of products must be clear and simple for understanding.
The price of products must include all the taxes and non-tax mandatory payments, which are payable by a consumer when purchasing relevant products under the legislation.
The opening price of selling relevant goods must be communicated to consumers at auctions.
The price of goods shall be specified per one package of such goods, and if the goods are supplied without packaging — per one unit of measurement usually applicable to such goods.
If several goods, works or services or a combination thereof are offered for one price, or if a seller (contractor) grants a consumer the right to obtain other products at a reduced price when selling certain products, a consumer shall be informed about:
1) the content and selling price and in case of offering goods, works or services for one price — prices of goods, works or services separately;
2) the conditions of accepting the offer, in particular, its validity term and any restrictions, including in respect of the quantity.
The provisions of this part shall also apply to products, which are food products.
{Part 3 of Article 15 has been supplemented with a paragraph under Law No. 1602-VII of 22 July 2014}
4. It shall be allowed to use the terms “discount” or “reduced price” or any other terms similar by meaning only subject to the following conditions:
1) if they apply to products directly sold by a business entity;
2) if such kind of discount or price reduction applies during a determined and limited period of time;
3) if the price of products is lower than its regular price.
The provisions of this part shall also apply to products, which are food products.
{Part 4 of Article 15 has been supplemented with a paragraph under Law No. 1602-VII of 22 July 2014}
5. It shall be allowed to use the term “sale” and any other terms similar to it only subject to the following conditions:
1) if the sale concerns all goods within a certain place or clearly determined group of goods;
2) if the sale duration is time-limited;
3) if prices of goods subject to sale are lower than the regular price.
The provisions of this part shall also apply to products, which are food products.
{Part 5 of Article 15 has been supplemented with a paragraph under Law No. 1602-VII of 22 July 2014}
6. After the public announcement of the start of sell-off, application of discounts or reduction of the price, the consumers must be made aware of the information about the price of products, which was set before the start of a relevant sell-off, application of discounts or reduction of prices, as well as the price of the same products set after the start thereof.
The provisions of this part shall also apply to products, which are food products.
{Part 6 of Article 15 has been supplemented with a paragraph under Law No. 1602-VII of 22 July 2014}
7. If the provision of publicly unavailable, untrue, incomplete or late information about products and the manufacturer (contractor, seller) has led to:
1) purchase of products with no necessary consumer properties — a consumer shall have the right to terminate the agreement and demand compensation for the losses caused to him/her;
2) impossibility to use the purchased products according to the designated purpose — a consumer shall have the right to demand the provision of proper information within a reasonably shorter period, but no longer than one month. If the information is not provided within the agreed period, a consumer shall have the right to terminate the agreement and demand compensation for losses;
3) the damage caused to the consumer's life, health or property — the consumer shall have the right to file demands with a seller (manufacturer, contractor) provided for by the law, as well as demand compensation for losses caused by a natural object owned by it under a title or on other grounds provided for by the law or an agreement.
{Clause 3, part 7 of Article 15 as amended by Law No. 3390-VI of 19 May 2011}
8. Losses caused to a consumer by unfair advertisement shall be subject to compensation by a guilty person in full.
A seller shall not be released from liability if no information on goods was received from the manufacturer (importer).
9. During the consideration of consumer’s demands for compensation for losses caused by untrue or incomplete information about the products or unfair advertisement, one should proceed from the assumption that a consumer has no special knowledge about the consumer properties and specifications of the products he/she purchases.
Article 16. Liability for the damage caused as a result of defects in products
1. Damage caused as a result of defects in products shall be compensated pursuant to the law.
{Article 16 as revised by Law No. 3390-VI of 19 May 2011}
Article 17. Consumer rights in the sphere of trade and other types of services provision
1. It is recognised that all consumers have equal rights to get the satisfaction of their needs in the sphere of trade and other types of services. It shall not be allowed to set any advantages, apply direct or indirect restrictions of consumers’ rights, except for the cases provided for by the regulatory acts.
2. A consumer shall have the right to free choice of goods and services at the time convenient for him/her and to free use of electronic payment means subject to the working hours and settlement forms (types) set by the legislation of Ukraine, which are mandatory for the seller (contractor).
A seller (contractor) must fully facilitate a consumer in the free choice of products and forms of payment for them.
It shall be prohibited to force a consumer to purchase poor-quality products or those of the range not required by him/her, to restrict in any way the use by him/her of electronic payment means if the seller (contractor) must accept them for payment.
{Part 2 of Article 17 as revised by Law No. 5284-VI of 18 September 2012}
3. A seller (contractor) must provide a consumer with true and publicly available information about the name, proper nature and working hours of its enterprise.
4. A consumer shall have the right to inspect the quality, safety, completeness, operation, weight and price of the products purchased (order), demonstration of the safe and correct use thereof. Upon the consumer’s request, a seller (contractor) must provide it with the control and measurement devices, documents on the quality, safety and price of products.
If during the warranty period it is necessary to determine the reasons for the loss of quality of the products, a seller (contractor, manufacturer0 must organise an expert examination of the products within three days after receiving written consent from the consumer. The expert examination shall be conducted at the expense of a seller (contractor, manufacturer). Should it be proven in the conclusions of the expert examination that defects emerged after products were transferred to the consumer as a result of violation by him/her of the set rules of using, storing or transporting or actions of third parties, consumer’s demands shall not be subject to satisfaction, and the consumer must compensate the seller (contractor, enterprise performing its functions) for losses incurred for conducting the expert examination. A consumer, seller (contractor, manufacturer) shall have the right to challenge conclusions of the expert examination in court.
5. If consumer rights are infringed at the service enterprises, a seller (manufacturer, contractor) and employees of such enterprises shall be liable under the law.
Article 18. Invalidation of the terms and conditions of agreements restricting consumer rights
1. A seller (contractor, manufacturer) must not include unfair terms and conditions in agreements with a consumer.
2. Terms and conditions of an agreement are unfair if despite the good faith principle it results in a significant imbalance of the contractual rights and obligations to the detriment of consumer’s rights.
3. Unfair terms and conditions shall include, inter alia, terms and conditions of an agreement on:
1) releasing or limiting the legal liability of a seller (contractor, manufacturer) in case of death or damage to the consumer’s health caused by actions or inactivity of a seller (contractor, manufacturer);
3) excluding or restricting consumer rights in respect of the seller (contractor, manufacturer) or third party in case of full or partial failure to perform or improper performance by the seller (contractor, manufacturer) of its contractual obligations, including the conditions on set-off, consumer’s payment obligations and demands in case of violation of the agreement by the seller (contractor, manufacturer);
3) setting strict obligations of the consumer while the provision of the service is reasoned by the contractor’s own discretion;
4) making sure that a seller (contractor, manufacturer) may not refund the payment made by a consumer if the consumer refuses to enter into or perform the agreement without providing for the consumer right to receive relevant compensation from the seller (contractor, manufacturer) in connection with the termination or failure to perform the agreement by him/her;
5) setting the requirement on payment by a consumer of the disproportionately large amount of compensation (over fifty per cent of the cost of products) if he/she fails to perform the obligations under the agreement;
6) granting a seller (contractor, manufacturer) the right to terminate the agreement with a consumer at its own discretion if the consumer is not granted such a right;
7) granting a seller (contractor, manufacturer) the right not to refund the money paid for products not provided if the agreement is terminated at the initiative of the seller (contractor, manufacturer);
8) granting a seller (contractor, manufacturer) the right to terminate the agreement entered into for an indefinite period of time with a consumer without notifying him/her thereof, except for cases determined by law;
9) setting an unreasonably short period for granting the consent by a consumer to an extension of the agreement entered into for a definite period of time with an automatic extension of such an agreement unless the consumer expresses such an intent;
10) setting the conditions binding upon a consumer, which he/she had no actual opportunity to read before entering into the agreement;
11) granting a seller (contractor, manufacturer) the right to unilaterally amend the terms and conditions of the agreement at its own discretion or based on grounds not specified in the agreement;
12) granting a seller (contractor, manufacturer) the right to unilaterally change specifications of products being the subject matter of the agreement;
13) determining the price of goods as of the date of supply thereof to a consumer or enabling a seller (contractor, manufacturer) to increase the price without granting the consumer the right to terminate the agreement in case of increased price in comparison with the one agreed upon at the time of agreement conclusion;
14) granting a seller (contractor, manufacturer) the right to determine that products meet the terms and conditions of the agreement or granting it the exclusive right to interpret the agreement;
15) limiting the liability of a seller (contractor, manufacturer) in respect of obligations assumed by its agents, or causing that such obligations are assumed by it by complying with unnecessary formalities;
16) setting the duty of a consumer to perform all obligations even if a seller (contractor, manufacturer) fails to perform its obligations;
17) granting a seller (contractor, manufacturer) the rights to transfer its rights and obligations under the agreement to a third party if it can result from the reduction of warranties arising under the agreement for the consumer without his/her consent.
4. The list of unfair conditions in agreements with consumers is not exhaustive.
Provisions of clause 8, part 3 of this Article shall not apply to the condition of agreements on granting a consumer loan under which the lender provides for the right to unilaterally terminate an agreement subject to grounds determined by the legislation and provided that each party is immediately notified of the agreement termination.
Provisions of clause 11, part 3 of this Article shall not apply to agreements entered into for an indefinite period of time provided that such agreements provide for mandatory prior notification of the consumer of the intent to amend terms and conditions of an agreement and granting him/her the right to terminate the agreement in this regard.
Provisions of clause 13, part 3 of this Article shall not apply to the provisions on price indexation meeting the legislation if conditions and the method of price calculation are clearly and unambiguously determined in the agreement.
Provisions of clauses 8, 11 and 13, part 3 of this Article shall not apply to:
1) transactions with securities, financial services and other goods or services the price of which depends on the changes in quotes or indices at stock exchanges or rates on the financial markets not controlled by the seller;
2) agreements on the sale/purchase of foreign currency, traveller’s cheques or on international money remittance denominated in foreign currency.
5. If a provision of the agreement is recognised as unfair, including the price of the agreement, such provision may be amended or invalidated.
6. If the amendment or invalidation of the provision causes the amendment of other provisions of the agreement, upon the consumer’s request:
1) such provisions shall also be subject to amendment; or
2) the agreement may be invalidated in full.
7. The invalidated provision shall be deemed as such from the moment of agreement conclusion. If the provision is amended, such amendments shall be effective once they are introduced.
8. Unclear or ambiguous provisions of agreements with consumers shall be interpreted for the benefit of the consumer.
9. If damages are caused to a consumer as a result of applying terms and conditions of an agreement restricting consumer rights, they must be fully compensated by a guilty person.
A consumer shall have the right to get compensation for losses caused to him/her by a manufacturer (contractor, seller) in connection with benefiting by the latter from their position in the manufacturing or trading activity.
Article 19. Prohibition of unfair business practices
1. Unfair business practices shall be prohibited.
Unfair business practices shall include:
1) performing actions qualified by the legislation as unfair competition act;
2) any activity (acts or omissions), which is misleading a consumer or is aggressive.
2. Business practice shall be deemed as misleading if it induces or may induce a consumer to consent to conduct a transaction to which he/she would have not agreed otherwise, by providing him/her with untrue or incomplete information or providing no information about:
1) main specifications of products, such as availability thereof in stock, advantages, safety, composition, ways of using, method and date of manufacture or provision, supply, quantity, specification, geographical or other origins, expected results of consumption or results and main specifications of tests or inspections of the goods;
2) warranty period and warranty maintenance of the products;
3) any observations as to the direct or indirect support by a manufacturer of the seller or products;
4) selling method, price or method of price calculation, availability of discounts or other price advantages;
5) conditions of payment, delivery, performing the sale and purchase agreement;
6) the need for services, replacement part or repair;
7) location and the full name of the seller, and if needed — location and the full name of the person on whose behalf the seller is acting;
8) the nature, attributes and rights of a seller or its agent, in particular, its identification information and assets details, information about qualification, status, availability of a licence, whether or not it is affiliated, and intellectual property rights, its honours and awards;
9) danger threatening a consumer in connection with purchasing and/or using the products;
10) consumer rights, including the right to reject the products (for relevant types of goods, works and services), right to get a replacement for products or compensation for losses.
Business practice shall be misleading if when offering the products to a consumer the information required for making a conscious choice is not provided or is provided in a vague, unclear or ambiguous manner.
Business practice, which significantly distorts or may significantly distort the economic behaviour of only an explicitly determined (separate) group of consumers who are especially exposed to such activity due to their mental or physical impairments, age or trust, if it was reasonably possible for a seller to predict their behaviour and features, must be assessed in terms of the average representative of such a group, as well as assuming that given the specified circumstances there is no option to make a conscious and competent choice, and the consumer makes a mistake when conducting a transaction in respect of material circumstances. The specified conditions shall not concern legitimate advertising, including the creation of statements or expressions, which may be taken literally.
{Part 2 of Article 19 as revised by Law No. 286-IX of 12 November 2019}
3. The following acts shall be prohibited as misleading:
1) offering for sale products at a determined price if there are grounds to believe that a seller or contractor is not able to provide such products at such a price or in such volumes, which can be foreseen given the offered price and specifications of products;
2) offering certain products for sale instead of other products;
3) refusal to provide a consumer with the offered goods and accepting an order or failure to provide the goods within a reasonable period or demonstration of a defective sample of gods;
4) false notification that there is a limited quantity of products or about the sale of products within a limited period, which induces consumers to make a quick decision and deprives them of the sufficient time to make a conscious decision;
{Clause 4, part 3 of Article 19 as revised by Law No. 286-IX of 12 November 2019}
5) offering for free sale products withdrawn from circulation or products with circulation restrictions;
6) untrue statement that a consumer or his/her family will face a threat to their personal safety unless he/she purchases or orders the products;
7) creation, operation or facilitation to the development of pyramid schemes when a consumer pays for the option to get compensation provided at the expense of attracting other consumers to such a scheme, and not by selling or consuming products;
8) using the notification about sale due to winding-up of a business entity, its structural subdivision or termination of a certain type of business activity while it is not true;
9) labelling of products with a trust mark, quality mark or conformity mark without obtaining a relevant permit for that of an authorised person or holder of such marks;
{Part 3 of Article 19 has been supplemented with clause 9 under Law No. 286-IX of 12 November 2019}
10) offering for sale products at a special price if:
a) such products are not available for sale;
b) the seller refuses to accept orders for such products or deliver them within a reasonable time;
c) the seller offers poor-quality samples of such products intending to sell other products;
{Part 3 of Article 19 has been supplemented with clause 10 under Law No. 286-IX of 12 November 2019}
11) presenting a consumer right determined by the legislation as a privilege granted by the seller of products;
{Part 3 of Article 19 has been supplemented with clause 11 under Law No. 286-IX of 12 November 2019}
12) untrue statement on termination by the seller of its trade activity or change of location;
{Part 3 of Article 19 has been supplemented with clause 12 under Law No. 286-IX of 12 November 2019}
13) statement that the purchase of products may facilitate winning in a lottery;
{Part 3 of Article 19 has been supplemented with clause 13 under Law No. 286-IX of 12 November 2019}
14) dissemination of untrue information about the market condition or option to purchase products to induce the consumer to purchase products on conditions, which are less favourable for him/her;
{Part 3 of Article 19 has been supplemented with clause 14 under Law No. 286-IX of 12 November 2019}
15) statement about holding a contest or drawing involving prizes without subsequent presentation of such prizes or their equivalent;
{Part 3 of Article 19 has been supplemented with clause 15 under Law No. 286-IX of 12 November 2019}
16) untrue statement that the seller is not acting in the trade, business or professional interests, or representation of the seller as a consumer.
{Part 3 of Article 19 has been supplemented with clause 16 under Law No. 286-IX of 12 November 2019}
The list of misleading business practices is not exhaustive.
4. Business practice shall be deemed aggressive if it actually contains elements of coercion, solicitation or improper influence and significantly impacts or may impact the freedom of choice or behaviour of a consumer when purchasing the products.
When establishing whether or not the business practice contains elements of coercion, solicitation or improper influence, the following shall be taken into account:
1) time, nature and repetition of product offers;
2) use of offensive or threatening expressions;
3) use of circumstances complicated for a consumer, of which the seller or contractor was aware, to influence the consumer’s choice;
4) setting burdensome or disproportionately non-contractual obstacles for a consumer to exercise his/her rights under an agreement, including the provisions on the consumer’s right to terminate the agreement or replacement the products or enter into an agreement with another business entity;
5) threat to perform illegal or unlawful actions.
5. The following business practices shall be prohibited as aggressive:
1) creating an impression that a consumer cannot leave the premises of a seller (contractor) without entering into an agreement or making a payment;
2) making lasting and/or regular visits to the consumer’s home, despite the consumer’s demand to stop such actions or leave his/her home;
3) sending regular phone, facsimile, electronic or other notification with the consumer’s consent;
4) demanding payment for products supplied by the seller (contractor) if a consumer granted no direct and unambiguous consent to purchase them.
The list of aggressive business practices is not exhaustive.
6. Transactions conducted as a result of unfair business practice shall be invalid.
Business entities and their employees shall be liable for unfair business practices under the legislation.
Article 20. Rules of trade, domestic and other types of services
1. The rules of trade, domestic and other types of services (performance of works, provision of services) shall be approved by the Cabinet of Ministers of Ukraine. The specified rules may not contradict legislative acts.
Article 21. Infringement of consumer rights
1. Except for cases of infringement of consumer rights, which may be determined and proven based on the relevant provisions of the legislation on the protection of consumer rights, for the purposes of this Law and related legislation on the protection of consumer rights, consumer rights shall be deemed infringed in any case if:
1) during the sale of products, the consumer right to the free choice of products is infringed in any way;
2) during the sale of products, the consumer’s freedom to free will and/or free will expressed by him/her is infringed in any way;
3) during the provision of a service, which a consumer may not reject and can receive only from a certain contractor, a contractor dictates the conditions of receiving the service putting a consumer in a disadvantageous position in comparison with other consumers and/or contractors, providing no equal guarantees for a consumer of compensation for damage caused by parties failure to perform (improper performance) of the terms and conditions of an agreement;
4) the principle of equality of parties to an agreement in which a consumer participates is violated;
5) the consumer right to obtain the necessary, publicly available, true and timely information about relevant products is restricted in any way (except for cases provided for by law);
6) a consumer was sold the products that are dangerous, of poor quality, counterfeit;
7) the price of products was determined in an undue manner;
8) documents confirming the execution of an agreement to which the consumer is a party have not been provided (delivered) to the consumer in a timely manner.
Article 22. Protection of consumer rights in court
1. Consumer rights provided for by the legislation shall be protected in court.
2. When satisfying a consumer’s claims, a court shall simultaneously resolve the issue of compensation for non-pecuniary damage.
3.Consumers shall be released from the payment of the court fee under claims related to the infringement of their rights.
{Part 3 of Article 22 as amended by Law No. 3674-VI of 08 July 2011}
Article 23. Liability for violating the legislation on the protection of consumer rights
1. In case of violation of the legislation on the protection of consumer rights, business entities engaged in the trade sphere and other types of services shall be liable for:
{Paragraph 1, part 1 of Article 23 as amended by Law No. 1602-VII of 22 July 2014}
1) denying a consumer the exercise of his/her rights determined by part 1 of Article 8, part 1 of Article 9 and part 3 of Article 10 of this Law — in the amount of tenfold of the products cost based on the prices as in force at the time of purchasing such products, but at least five tax-exempt minimum incomes of citizens;
{Clause 1, part 1 of Article 23 as revised by Law No. 2741-VI of 2 December 2010}
{Clause 2, part 1 of Article 23 has been deleted under Law No. 124-VIII of 15 January 2015}
{Clause 3, part 1of Article 23 has been deleted under Law No. 2740-VIII of 6 June 2019}
4) manufacturing or selling products, which do not meet the requirements of regulatory acts as to the safety for life, health and property of consumers and the environment — in the amount of three hundred per cent of the cost of a batch of goods manufactured or received for sale, performed work, provided service, but at least twenty-five tax-exempt minimum incomes of citizens, and if a business entity keeps mandatory profit and loss accounting under the law — in the amount of fifty tax-exempt minimum incomes of citizens;
{Clause 3, part 1 of Article 23 as amended by Law No. 124-VIII of 15 January 2015}
5) selling products prohibited by a relevant government authority for manufacturing and sale (performance, provision) — in the amount of five hundred per cent of the cost of a batch of goods received for sale, performed work, provided service, but at least one hundred tax-exempt minimum incomes of citizens, and if a business entity keeps mandatory profit and loss accounting under the law — in the amount of one hundred tax-exempt minimum incomes of citizens;
6) selling hazardous goods (poison, pesticides, explosive and flammable substances, etc.) without proper warning labelling, as well as without the information about the rules and conditions of safe use thereof — in the amount of one hundred per cent of the cost of a batch of goods received for sale, but at least twenty tax-exempt minimum incomes of citizens, and if a business entity keeps mandatory profit and loss accounting under the law — in the amount of twenty tax-exempt minimum incomes of citizens;
7) lack of the necessary, publicly available, true and timely information about the products or seller (in cases determined by the Law of Ukraine “On Electronic Commerce”) — in the amount of thirty per cent of the cost of a batch of goods received for sale, performed work, provided service, but at least five tax-exempt minimum incomes of citizens, and if a business entity keeps mandatory profit and loss accounting under the law — in the amount of five tax-exempt minimum incomes of citizens;
{Clause 7, part 1 of Article 23 as amended by Law No. 675-VIII of 3 September 2015}
8) creating obstacles for officers of the central executive authority implementing the state policy on state control over the compliance with legislation on the protection of consumer rights, and structural subdivision on the protection of consumer rights of a local government in the inspection of the product quality, as well as rules of trade and other types of services — in the amount of one to ten per cent of the cost of products sold for the previous calendar month, but at least ten tax-exempt minimum incomes of citizens, and if a business entity keeps mandatory profit and loss accounting under the law — in the amount of ten tax-exempt minimum incomes of citizens;
{Clause 8, part 1 of Article 23 as amended by Law No. 5463-VI of 16 October 2012}
9) failure to comply with or late compliance with the instruction of the officials of a central executive authority implementing the state policy on state control over the compliance with legislation on the protection of consumer rights concerning the elimination of infringements of consumer rights — in the amount of twenty tax-exempt minimum incomes of citizens;
{Clause 9, part 1 of Article 23 as amended by Law № 5463-VI of 16 October 2012}
10) selling goods with an expired shelf life — in the amount of two hundred per cent of the cost of the remaining batch of goods received for sale, but at least five tax-exempt minimum incomes of citizens;
11) violating the terms and conditions of an agreement between a consumer and contractor on performing the work, providing a service — in the amount of one hundred per cent of the cost of performed work (provided service), and for the same actions committed in respect of a group of consumers — in the amount of one to ten per cent of the cost of works performed (services provided) for the previous calendar month, but at least five tax-exempt minimum incomes of citizens;
12) restricting or denying the exercise of the consumer rights determined by part 2, Article 17 of this Law — in the amount of five hundred tax-exempt minimum incomes of citizens.
{Part 1 of Article 23 has been supplemented with clause 12 under Law No. 5284-VI of 18 September 2012}
2. Amounts of penalties shall be charged to the state budget.
{Paragraph 2, part 2 of Article 23 has been deleted under Law No. 1602-VII of 22 July 2014}
3. In case of failure of business entities engaged in trade and services provision, including restaurant business, determined in Article 26 of this Law, to comply, on a voluntary basis, with the decisions (resolutions) of a central executive authority implementing the state policy on state control over the compliance with legislation on the protection of consumer rights and its officials on imposing a punishment, such decisions (resolutions) shall be enforced by a central executive authority implementing the state policy on organising the enforcement of judgements and decisions of other authorities (officials) in accordance with the procedure determined by the Law of Ukraine “On Enforcement Proceedings”.
{Part 3 of Article 23 as amended by Law No. 5463-VI of 16 October 2012}
Section III
PUBLIC CONSUMER ORGANISATIONS
(CONSUMER ASSOCIATIONS)
Article 24. Public consumer organisations (consumer associations)
1. To protect their legitimate rights and interests, consumers shall have the right to form public consumer organisations (consumer associations).
2. Consumer associations shall be public organisations carrying out their activity under the Law of Ukraine “On Associations of Citizens”.
3. The state shall support the activity of consumer associations.
Article 25. Rights of public consumer organisations (consumer associations)
1. Consumer associations shall have the right to:
1) study consumer properties of products, demand for them, conduct public opinion polls concerning the quality of goods released and sold, and prices thereof;
2) conduct independently own or apply to the competent government authorities for conducting expert examinations and testing of products;
3) obtain the information from executive authorities and local governments required for implementing their goals and tasks;
4) facilitate the relevant government authorities in controlling the quality of products and services;
5) provide legal and consultancy support to consumers under the legislation;
6) make proposals on the development of regulatory acts setting the requirements to product quality;
{Clause 6, part 1 of Article 25 as amended by Law No. 124-IX of 20 September 2019}
7) represent and defend consumer interests in executive authorities and local government under the legislation;
8) make proposals to the executive authorities and local governments on the measures to improve the product quality, on the suspension of release and sale of products, which fail to meet the set quality requirements, on terminating the manufacturing, withdrawal from the sale of products posing a threat to life, health and property of citizens or causing damage to the environment, counterfeit and defective products, as well as on adjusting the prices set in violation of legislation;
9) file a claim with the court on recognising the actions of a seller, manufacturer (enterprise performing their functions) or contractor as unlawful in respect of consumers at large and termination of such actions.
If such a claim is granted, the court obliges an offender to make sure that consumers become aware of the judgment within the set period through the media or in another way.
A judgment, which became effective, on recognising the actions of a seller, manufacturer (enterprise performing their functions), contractor as unlawful in respect of consumers at large shall be binding upon a court considering a consumer’s claim in respect of civil law implications of their actions on issues whether or not such actions have been committed by such persons;
10) defend the rights of consumers who are not members of public consumer organisations (consumer associations) in court under the legislation;
11) apply to law enforcement and executive authorities on bringing the persons guilty of releasing and selling the poor-quality products to justice;
12) inform the public about consumer rights;
13) facilitate the development of international co-operation in the area of protection of consumer rights and interests.
Section IV
ACTIVITIES OF GOVERNMENT AUTHORITIES ON PROTECTING CONSUMER RIGHTS
Article 26. Powers of the central executive authority implementing the state policy on state control over the compliance with legislation on the protection of consumer rights
{Title of Article 26 as revised by Law No. 3530-VI of 16 June 2011; as amended by Law No. 5463-VI of 16 October 2012; as revised by Law No. 1602-VII of 22 July 2014}
1. The central executive authority implementing the state policy on state control over the compliance with the legislation on the protection of consumer rights shall exert state control over the compliance with the legislation on the protection of consumer rights, ensure the implementation of the state policy on the protection of consumer rights and shall have the right to:
{Paragraph 1, part 1 of Article 26 as revised by Law No. 3530-VI of 16 June 2011, No. 1602-VII of 22 July 2014}
1) issue instructions on terminating the infringement of consumer rights binding upon business entities;
2) inspect the compliance by business entities carrying out the activity on trade and services provision with the requirements of regulatory acts on product safety, as well as rules of trade and services provision by freely visiting and inspecting any manufacturing, trading and warehouse premises of such entities under the legislation;
{Clause 2, part 1 of Article 26 as amended by Law No. 5463-VI of 16 October 2012; as revised by Law No. 1602-VII of 22 July 2014}
3) take samples of goods, raw materials, materials, semi-finished products, accessories from the business entities engaged in trade and services provision for inspecting their quality on-site or conducting an independent expert examination in relevant laboratories and other institutions accredited to perform such works under the legislation, with payment of the cost of samples and research (expert examination) at the expense of the state budget. If following the results of the conducted research (expert examination), it is detected that the products are of poor quality and/or counterfeit, a business entity under inspection shall compensate the expenses incurred. The funds for compensating expenses shall be charged to the state budget. The procedure for selecting such samples shall be determined by the Cabinet of Ministers of Ukraine;
{Provisions of sentence 1, clause 3, part 1 of Article 26 in terms of paying for samples and conducting the research (expert examination) at the expense of the state budget shall enter into force on 1 January 2007. Until this date, the specified payment shall be made at the expense of business entities under inspection according to paragraph 2, clause 1 of the Final Provisions of this Law}
{Clause 3, part 1 of Article 26 as amended by Law No. 1602-VII of 22 July 2014}
4) conduct control inspections of the correctness of settlements with consumers for the sold products, including food products, under the law;
{Clause 4, part 1 of Article 26 as revised by Law No. 1602-VII of 22 July 2014}
5) obtain copies of required documents from the business entities under inspection on a free-of-charge basis, which describe the quality of products, raw materials, materials, accessories used for manufacturing such products;
{Clause 6, part 1 of Article 26 has been deleted under Law No. 124-VIII of 15 January 2015}
7) prohibit business entities from selling products to consumers:
{Subclause “a”, clause 7, part 1 of Article 26 has been deleted under Law No. 124-VIII of 15 January 2015}
{Subclause “b”, clause 7, part 1 of Article 26 has been deleted under Law No. 2740-VIII of 06 June 2019}
{Subclause “c”, clause 7, part 1 of Article 26 has been deleted under Law No. 124-VIII of 15 January 2015}
d) prohibit business entities from selling incorrectly labelled food products or unfit food products;
{Subclause “d”, clause 7, part 1 of Article 26 has been deleted under Law No. 1602-VII of 22 July 2014}
a) the termination by business entities engaged in trade and services provision of the sale and manufacture of products, which fail to meet the requirements of regulatory acts as to the safety for life, health and property of consumers and environment until the detected defects are eliminated;
{Subclause “a”, clause 8, part 1 of Article 26 as amended by Law No. 124-VIII of 15 January 2015}
b) the suspension by business entities engaged in trade (sections, departments), warehouse services of wholesale and retail enterprises and organisations irrespective of the form of ownership, which systematically sell the poor-quality goods, violate the rules of trade and services provision, conditions of storing and transporting the goods until the detected defects are eliminated;
{Clause 8, part 1 of Article 26 as amended by Law No. 1602-VII of 22 July 2014}
9) seal the manufacturing, warehouse, trading and other premises of business entities engaged in trade and services provision, including restaurant business, as well as measuring equipment, which is malfunctioning, misreading, containing a damaged stamp of certification or no such stamp of certification, or an expired stamp of certification and is used for providing services to consumers, in accordance with the procedure determined by legislation with subsequent notification of the central executive authority implementing the state policy on metrological supervision thereof;
{Clause 9, part 1 of Article 26 as amended by Laws No. 5463-VI of 16 October 2012, No. 1314-VII of 5 June 2014}
10) file claims with the court for the protection of consumer rights;
11) transfer files of inspections of actions committed by persons containing elements of a criminal offence to pre-trial investigation authorities;
{Clause 11, part 1 of Article 26 as amended by Law No. 4652-VI of 13 April 2012}
12) impose administrative punishments on the guilty persons in cases provided for by the legislation.
Cases on administrative offences shall be considered at the location of a central executive authority implementing the state policy on state control over the compliance with legislation on the protection of consumer rights, and in the Autonomous Republic of Crimea — executive authority of the Autonomous Republic of Crimea on the protection of consumer rights;
{Paragraph 2, clause 12 of Article 26 as amended by Laws No. 3530-VI of 16 June 2011, No. 5463-VI of 16 October 2012}
13) impose punishments provided for by Article 23 of this Law on business entities engaged in trade and service provision, including restaurant business, in accordance with the procedure determined by the Cabinet of Ministers of Ukraine.
2. Results of inspecting the business entities by officers of a central executive authority implementing the state policy on state control over the compliance with legislation on the protection of consumer rights shall be executed as relevant acts.
{Part 2 of Article 26 as amended by Law No. 5463-VI of 16 October 2012}
Article 27. Powers of other government authorities on the protection of consumer rights
{Title of Article 27 as amended by Law No. 122-IX of 20 September 2019}
1. Other government authorities shall carry out state protection of consumer rights within their competence determined by law.
{Article 27 as amended by Law No. 1602-VII of 22 July 2014; text of Article 27 as amended by Law No. 122-IX of 20 September 2}
Article 28. Powers of local governments on the protection of consumer rights
1. To protect consumer rights, local governments shall have the right to set up structural subdivisions within their executive bodies on the protection of consumer rights entitled to:
1) consider consumer appeals, advise them on the protection of consumer rights;
2) analyse agreements entered into by sellers (contractors, manufacturers) with consumers in order to detect the conditions restricting consumer rights;
3) in case of detecting the poor-quality, counterfeit products, products dangerous for life, health, property of consumers and environment, immediately notify a central executive authority implementing the state policy on state control over the compliance with legislation on the protection of consumer rights and other authorities controlling and supervising the product quality and safety thereof;
{Clause 3, part 1 of Article 28 as amended by Law No. 5463-VI of 16 October 2012}
4) in case of detecting facts of selling products not accompanied by the necessary, publicly available, true and timely information and relevant documents, or products with the expired shelf life — immediately stop the sale of products until the information and supporting documents are provided or terminate the sale thereof;
5) draft submissions to an authority, which issued a permit to carry out the relevant type of activity, for resolving the issue on suspending the validity or early cancellation thereof in case of systematic infringement of consumer rights;
6) file claims with the court for the protection of consumer rights.
Article 29. Duties and liability of officers of the executive authorities, which protect consumer rights
1. Officers of executive authorities, which protect consumer rights, must strictly comply with the requirements of the legislation. Officers shall be brought to justice under the legislation for failure to perform or improper performance of the duties.
Article 30. Consideration of complaints against decisions of executive authorities, which protect consumer rights, their officers and actions of such officers
1. Complaints against decisions of executive authorities, which protect consumer rights, their officers and actions of such officers shall be considered in accordance with the procedure determined by the legislation.
2. Filing of a complaint shall not stop the execution of a decision of the executive authority, which protects consumer rights, their officers and the actions of such officers.
Article 31. Relations of executive authorities, which protect consumer rights, and law enforcement authorities
1. Employees of law enforcement authorities shall assist officials of the executive authorities, which protect consumer rights, in the performance of their official duties and cease illegal actions of individuals preventing the performance of functions vested in them.
Article 32. Legal protection of officials of the central executive authority implementing the state policy on state control over the compliance with the legislation on the protection of consumer rights
{Title of Article 32 as amended by Law No. 5463-VI of 16 October 2012}
1. An official of the central executive authority implementing the state policy on state control over the compliance with legislation on the protection of consumer rights is protected by law when performing his/her official duties.
The state guarantees the protection of life, health, honour, dignity and property of an official of a central executive authority implementing the state policy on state control over the compliance with legislation on the protection of consumer rights and his/her family members from criminal and other unlawful actions.
{Paragraph 2, part 1 of Article 32 as amended by Law No. 720-IX of 17 June 2020}
2. Officials of the central executive authority implementing the state policy on state control over the compliance with legislation on the protection of consumer rights shall be subject to compulsory state social insurance under the legislation on compulsory state social insurance.
{Part 2 of Article 32 as revised by Law No. 77-VIII of 28 December 2014}
3. Insult of an official of the central executive authority implementing the state policy on state control over the compliance with legislation on the protection of consumer rights, as well as resistance, threatening, violence and other actions preventing the performance of tasks vested in him/her shall be punishable under the law.
{Paragraph 2, part 3 of Article 32 has been deleted under Law No. 77-VIII of 28 December 2014}
Damage (losses) caused to the property of an official of a central executive authority implementing the state policy on state control over the compliance with legislation on the protection of consumers’ rights or his/her family members in connection with the performance of his/her official duties shall be fully compensated at the expenses of the state budget with a subsequent charge of such an amount from guilty persons.
{Text of Article 32 as amended by Law No. 5463-VI of 16 October 2012}
1. This Law shall enter into force on the date of its publication.
Provisions of sentence 1, clause 3, part 1 of Article 26 in terms of payment for the cost of samples and conducted research (expert examinations) at the expenses of the state budget shall enter into force on 1 January 2007. Until this date, payment shall be made by the business entities under inspection.
2. Other regulatory acts shall apply to the extent not contradicting this Law until they are brought in line with this Law.
3. Within six months after this Law enters into force, the Cabinet of Ministers of Ukraine shall:
1) draft and submit for the consideration of the Verkhovna Rada of Ukraine the proposals on bringing other laws in line with this Law;
2) within its competence, ensure that regulatory acts provided for by this Law are adopted;
3) bring its regulatory acts in line with this Law;
4) ensure that ministries and other central executive authorities review and cancel their regulatory acts contrary to this Law.
