Consumer is a person who uses goods, works and services to satisfy his personal needs, as well as buys, orders, or intends to buy or order them. In this article, we will provide information about the rights of consumers and their state protection.
What rights do consumers have?
"On protection of consumer rights” to the Law of the Republic of Azerbaijan in the territory of the Republic of Azerbaijan, consumers have the following rights:
- free choice of goods (service, work) and their producer, executor and seller;
- that the goods they consume (work, service) are of the required quality;
- safety of goods (service, work);
- to obtain complete and correct information about the quantity, variety and quality of goods (service, work);
- compensation for damage caused by goods (services, work) that do not have the necessary quality and are dangerous to people's health and life, in the cases stipulated by the legislation;
- to apply to the competent state bodies and the court for the protection of their rights and legal interests;
- to unite in public organizations (consumers' union).
How is the state protection of the rights and interests of consumers ensured?
State protection of consumers' rights and interests, supervision of compliance with public catering, trade, household and other service norms and rules is regulated by the executive authority. The relevant executive power body performs the following functions defined by the legislation:
- determines the degree of conformity of goods (work, service) to the requirements of relevant standards and technical conditions, issues conformity marks and certificates of conformity to them;
- determines the list of goods (work, service) requiring mandatory certification and prevents sale without certification, removes it from the trade circulation;
- prevents the import, production and sale of goods (work, services) that do not comply with the requirements of technical normative legal acts and pose a threat to the environment, human life and health;
- takes measures to involve persons who prevent the removal or sale of goods of unknown origin, as well as expired goods;
- publishes and distributes media information to timely inform the population about goods (work, services) whose production, import and sale are prohibited;
- conducts the examination of the degree of compliance of the sold materials, raw materials, and finished products with quality and safety requirements based on samples and takes necessary measures depending on the results.
- controls the use of safe materials in terms of sanitary-hygiene and toxicology, as well as strength when packaging food products, medicines and other goods, and prevents their sale without warning about the rules of use;
- ensures that the persons engaged in the production and sale of counterfeit goods are brought to the responsibility stipulated by the relevant legislation and that those goods are removed from the trade circulation;
- controls the sale of goods (work, service) at prices approved by the executive authority or recommended by the manufacturer;
- supervises compliance with the rules of sale of precious metals, stones and jewelry made from them, determined by legislation;
- examines buyers' appeals about price, weight, and settlement deception by sellers, providing false information about goods, violation of sales terms and investigates their complaints, and takes necessary measures based on the results;
- receives information about their quality, price, terms of sale from persons engaged in production, import, export and sale of goods (work, service);
- prepares proposals for improving the quality of sold goods (work, service), expanding their nomenclature and assortment and submits them to relevant executive authorities.
How is the protection of consumer rights implemented?
Persons guilty of violating the rights of consumers bear administrative, civil and criminal liability in accordance with the legislation of the Republic of Azerbaijan.
Complaints against the decisions of state executive authorities, officials and their actions, which ensure the protection of consumers' rights, are considered. At this time, the execution of the decisions and actions of the officials is not stopped. Employees of the law enforcement agency help them to perform their duties and prevent interference with the performance of duties.
The protection of consumers' rights, the fulfillment of their demands and the payment of moral damage are regulated by the court. Consumers who file a lawsuit regarding the violation of their rights defined by legislation are exempt from paying the state fee.
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