Ametova A.Dzh.

2nd year Master of scientific and pedagogical magistracy
On a specialty "Jurisprudence"
The Republic of Kazakhstan, Almaty
Turan University

The question of the legal ways to protect consumer rights and interests under the laws of the Republic of Kazakhstan

Annotation. The conditions of formation of market relations the need to ensure the interests of the citizens in the consumer goods and services was a prerequisite for the adoption of the objective in 1991 and then upgrade in 2010 of the Law of the Republic of Kazakhstan "On Protection of Consumers' Rights.

The Act is attached a set of rights that ensure customers satisfaction with the fundamental interests when purchasing goods, works and services for personal (domestic) needs, and relevant global standards of consumer policy laid down in the "Guidelines for Consumer Protection" (UN General Assembly Resolution number 39 / 248 of 04/09/85) 1

Along with the declaration of the rights of consumers in the Act established the legal basis for the creation and operation of the system of consumer protection, including the judiciary, the executive authorities, local governments and associations of consumers.

Key words: consumer protection law, the suit, the law, the process of classification, guarantees.

The most important tasks of the state of consumer policy is to ensure that citizens have access to the bodies, engaged in the protection of the violated rights and interests, improving the efficiency of their operations.

It is the availability and effectiveness of consumer protection is the main guarantor of consumers' interests meet daily.

A method of protecting the rights of consumers (concept, content), the subject of numerous works on civil and civil procedural law. Selected issues are controversial, in particular the definition of the nature of the means of protecting civil rights, be they material or procedural in nature or are a complex logistical procedure institution, which of the Art. 10 of the Civil Code of the Republic of Kazakhstan methods are material, and what procedural affect whether the form and object of protection to choose a method of protection, and others.

Thus, according to claim 6 of Article 10 of the Civil Code of the Republic of Kazakhstan "... Consumer protection is provided by the means provided by this Code or other legislative acts.

Every consumer has, in particular, the right to:

- Free contracts for the purchase of goods, the use of works and services;

- Appropriate quality and safety of goods (works, services);

- Complete and reliable information about goods (works, services);

- Unite in public organizations of consumers" [1].

The current legislation does not define the method of protection, but merely contains a list of methods that can be used in case of infringement or contestation of civil rights.

In the most general form of the concept of protection method defined D.M. Chechot as "... a statutory actions directly aimed at protecting the rights" [2, p. 71-72].

According to M.K. Vorobiev, "Preventive measures - a typical form of direct action on the controversial law, crystallized as a result of the enormous experience gained jurisprudence" [3].

Proceeding from the above, the concept of consumer protection methods to protect the rights of consumers may be defined as provided by the Civil Code of the Republic of Kazakhstan, the Law "On Protection of Consumers' Rights and other laws regulating the relations with consumers, the actions of entitled and obligated persons or jurisdictional bodies to remove obstacles to the realization of the rights of consumers.

This definition reflects the substantive law side of the concept of "a way of protection." The procedural aspect of the methods of protection are a means of appeal to the jurisdictional authorities for the protection of violated rights and interests of consumers. For this work is of interest to study ways to protect it in a procedural sense.

When applying to the court is a way to protect a claim - the requirement for the court to protect violated or disputed right or legitimate interest.
The lawsuit is one of the most important, fundamental categories procedural science.

When contacting other authorities - the application or complaint which, as well as the lawsuit are the requirement for the protection of violated rights or interests, appeals to state bodies or local governments.

Considering the types of claims that arise as a result of violations of the rights and interests of consumers, it is necessary to focus on the classification based on the following criteria: claims for recognition of the award and transforming actions. Depending on the nature of the legal relationship between the consumer and the seller (performer, producer) stand out:

- Claims arising from the contract of sale, execution of works;

- Claims of harm to the life and health of the citizen;

- Claims arising from the non-pecuniary damage.

At the base of the occurrence of O. Blokhin allocates claims "... arising from crimes claims arising from administrative offenses, claims arising out of civil relations, and quasi tort claims" [4, p.9].

Depending on the nature of the requirement that the consumer makes a person to protect his rights, - actions aimed at the elimination of the defects, claims the appointment of the executor of the new term, during which he must begin the works (services), etc.

In addition, O. Blokhin offers to classify the action brought against him for the rights of consumers, depending on whether the action is brought to protect the rights of a particular consumer or group of consumers indefinite number of consumers [4 s.9-10].

Without denying the classifications of these authors believe that the study especially the way consumer protection is of interest to the division of claims and, accordingly, they study depending on the object to be protected. The division claims on such base will enable more deeply explore a number of procedural issues, including especially appeal to the courts, the composition of the persons involved in the case, etc. On this basis, it appears that can distinguish the following claims:

1) actions for the protection of violated subjective rights of consumers;

2) actions for the protection of public legal interests in the sphere of consumer relations:

a) actions for the protection of the interests of an indefinite number of consumers;

b) actions for the elimination of the seller (manufacturer, performer) or to terminate the activities of an individual entrepreneur for repeated or gross violation of the law or other legal act of the rights of consumers;

c) claims to recover from the seller (manufacturer, performer) penalty for failure or delay in performance of the antimonopoly authority to eliminate violations of the law on protection of consumer rights;

3) claims to invalidate acts of antitrust authorities (mandate and / or decisions imposing a fine) imposed on the seller (manufacturer, performer).

These actions are aimed at protecting the rights and interests of the seller (manufacturer, performer) in respect of which they were handed down. When you dismiss the action specified protected public legal interest.

Filing a claim to protect the interests of an indefinite number of consumers in accordance with Art. 41 of the Law of the Republic of Kazakhstan "On Protection of Consumers' Rights has two objectives:

- Firstly, protection of public legal interests by stopping the illegal actions that violate the rights of an indefinite number of consumers;

- Secondly, the restoration of rights of consumers, violated by the same unlawful actions of the defendant.

Other claims arising from relations in the process of implementing the antimonopoly authorities monitor compliance with the economic entities of the legislation on consumer protection.

The purpose of these actions is also the protection of public legal interests, but in contrast to the above claims in protection of interests of an indefinite number of consumers are not directly aimed at protecting the rights of specific users. Protection of rights of consumers is provided in part: in the case of claims for the elimination of the seller (manufacturer, performer), fines, rejecting the claim of the seller (manufacturer, performer) violation suppressed, but the violation of the right not to be restored.

If the claim of the seller (manufacturer, executor) ensures protection of his rights.

The above classification needs a further explanation. The Law "On Protection of Consumers' Rights in relation to the treatment in court for liquidation of the seller (manufacturer, performer), to recover from the seller (manufacturer, performer) fine to invalidate acts of anti-trust authorities (mandate and / or decisions imposing a fine ) used the concept of the claim or claims (p. 7, Art. 41, Art. 42 of the Law "On Protection of Consumer Rights").

In theory, civil procedural law the question of the legal nature of the cases arising from public relations (considered claims arise because of public law - administrative relations between economic entities and executive body), discussion.

Supporting the view of the authors who consider that the proceedings in cases arising from public relations, is the limitation in nature, as well as taking into account the fact that these requirements are considered in the order of the arbitration proceedings, which does not stand out as an independent type of production for arising from administrative (public law) relationship, further conclusions are based on the approval of the statute of the nature of cases of liquidation of the seller (manufacturer, performer), fines, challenging acts of the antitrust authorities. The subject of review in such cases is a dispute between the state represented by the competition authority (directly or competition authority) and economic entities on the implementation of the latter by the Law "On Protection of Consumers' Rights duties and / or legality of actions of this government body. In this regard, to the specified requirements in the labeling and subsequently used term "claim".

The foregoing leads to the conclusion that the current legislation allows to protect the rights of numerous consumer groups.

There is no need to create a new procedural design - class action. You can talk about the need for legislative regulation of the procedure the defendant warning consumers who may be interested in the presentation of individual property claims pending a decision on a case brought by the benefit of an indefinite number of consumers.

Claims arising from the violation of consumer rights and interests of the public law, the jurisdiction of the courts of general jurisdiction and arbitration courts: courts of general jurisdiction under the jurisdiction of claims for protection of rights of consumers and the interests of an indefinite number of consumers on the Elimination of the seller (manufacturer, performer); arbitration courts under the jurisdiction of claims to recover from the seller (manufacturer, performer) fine for non-fulfillment or delayed fulfillment of the requirements of the antimonopoly authority, the claims for invalidation of such acts of anti-monopoly authority.

Filing claims for protection of rights and interests of consumers is
some features, due to:

1) the existence of the Law "On Protection of Consumer Rights" procedural rules of an alternative jurisdiction claims to protect the rights of consumers and users, and release persons seeking to protect their rights and interests, from payment of the state fee;

2) the specifics of legal regulation of relations with customers: when making claims on disputes arising from contracts concluded with customers that contain conditions uniquely define the jurisdiction of disputes to court, it is necessary to find out whether the consumer involved in the development of this condition.

If the condition specified in the contract connection, it should be recognized as invalid as infringing the rights of consumers when compared to the rules established by law.

List of references:

1. Civil Code of the Republic of Kazakhstan. Enacted by the Supreme Council of the Republic of Kazakhstan dated December 27, 1994 // National Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan "Әdilet» http://adilet.zan.kz/rus/docs/K940001000_

2. Chechot D.M. Subjective rights and forms of protection. - L., 1968. - P. 71-72.

3. Vorobiev M.K. On the methods of protection of civil rights. // Proceedings of the jurisprudence of the Sverdlovsk Law Institute. - Novosibirsk, 1968.

4. Blokhin O. Remedial features of consideration by courts to protect the rights of consumers: Author. dis ... cand. jurid. Sciences. - Tver, 1999. - 32 p.