Adopted by the House of Representatives on December 5, 2001

Approved by the Council of Republic on December 20, 2001

Article 1. Main Terms and Their Definition

In the present Law the following main terms and their definitions are used:

safety of the goods (works, services)—safety of goods (result of work, service) for the life, health, property of the consumer and environment at the common conditions of their usage, storage, transportation and utilization, and also safety of the process of carrying out the work (rendering service);

guarantee term—a calendar term (in months) or life length (in hours, action cycles, kilometers of run and etc.), during which the goods (result of work, service) shall comply with all the requirements to their quality determined in order established by the legislation;

document proving the fact of purchase of goods (carrying out of work, rendering the service)—cash (commodity) check or receipt to the incoming cash voucher, receipt to the coupon, appropriately registered technical passport, instruction to exploitation, users' manual, other document containing the information on the name of goods (works, service_, price of goods (work, service), date of acquiring, seller (manufacturer, executor), registers in order approved by the Ministry of Trade of the Republic of Belarus;

expensive goods—goods the price of which exceeds 400 or more times the size of the base unit established on the day of sale of goods;

manufacturer—organization, its affiliated society, representation or other subdivision situated out of place of location of the organization, individual entrepreneur manufacturing goods for the sale to the consumers;

property of the consumer—the property being at the consumer on the right of ownership, gratuitous usage, lease or other lawful usage and (or) possession;

executor—organization, its affiliated society, representation or other subdivision situated out of place of location of the organization, individual entrepreneur carrying out works or rendering services to the consumer;

large dimension goods—goods the size of which exceeds 50x50x100 sm: refrigerators, washing machines, sewing pedal machines, furniture, pianos, building materials, motorcycles, bicycles, sports and hunting boats and their engines, car tires, bulky mechanisms and spare parts and etc;

quality of goods (work, service)—totality of the characteristics of goods (work, service) concerning their ability to satisfy the established and (or) supposed need of the consumer (safety, functional aptitude, exploitation characteristics, reliability, economic, information and esthetic requirements and other);

defect of goods (work, service)—incompliance of goods (work, service) to the normative document establishing the requirements to the quality of goods (work, service), terms of the contract and other requirements to the quality of goods (work, service);

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

consumer—citizen (citizens) having the intention to order or acquire or the ones who order, acquire or use the goods (work, service) exclusively for the personal, domestic, family and other needs not connected with carrying out the entrepreneurs activity;

seller—organization, its affiliated society, representation or other subdivision situated out of place of location of the organization, individual entrepreneur selling the goods to the consumer under the retail sale-purchase contract;

seller—organization, its affiliated society, representation, other subdivision situated out of place of location of the organization, individual entrepreneur selling the goods to the consumer under the retail sale and purchase contract;

application period—period at expiration of which the goods (results of work) are considered invalid for its purposeful usage;

service life—period within which the manufacturer (executor) is obliged to secure the possibility of usage of goods (results of work) for its purpose and bare responsibility for the defects appeared under his fault to the consumer;

storage period—period within which the goods (results of work) at observance of the established conditions of storage preserves all of their quality, mentioned in the normative document establishing the requirements to the quality of goods (work, service) and (or) in the contract;

sustainable defect of goods (work, service)—irremovable defect or defect that cannot be eliminated without the disproportionate expenses or time outlays or is revealed repeatedly or appears again after its elimination or other similar defects.

Article 2. Legal Regulation of the Relations in the Sphere of Protection of the Rights of Consumers

1. The relations in the sphere of protection of the rights of consumers are regulated by the Civil Code of Republic of Belarus, by the present Law, other legislation and also by the provisions of the international treaties valid for the Republic of Belarus.

2. The state bodies have no right to adopt the normative legal acts contradicting to the provisions of the present Law, including the normative legal acts that can limit the rights of consumers and reduce the guarantees of their protection compared to those provided by the present Law, if otherwise is not established by the Constitution of the Republic of Belarus or normative legal acts of the President of the Republic of Belarus in accordance with the Constitution of the Republic of Belarus.

3.  The Government of the Republic of Belarus has no right to entrust the state bodies accountable to it to adopt the normative legal acts containing the norms on protection of the rights of consumers, if otherwise is not established by the present Law and (or) normative legal acts of the President of the Republic of Belarus.

Article 3. Rights of Consumer

1. A consumer has the right to:

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

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

1.3 safety of goods (works, services);

1.4 free choice of goods (works, services);

1.5 proper quality of goods (works, services);

1.6 compensation at a full amount of the damages (harm) caused by the goods' (works', services') defects;

1.7 state protection of his rights;

1.8 public protection of his rights;

1.9 appeal to the court and other authorized state bodies for the protection of the rights or interests infringed protected by the present Law and by other legislation and also by the provisions of the international treaties valid for the Republic of Belarus;

1.10 creation of the public associations of the consumers.

2. The present Law, other legislation, provisions of the international treaties valid for the Republic of Belarus grant and guarantee also other rights of consumers.

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

Article 4. Securing of the Consumer's Right to Enlightenment in the Sphere of Protection of the Rights of Consumers

The right of consumer to enlightenment in the sphere of protection of the rights of consumers is secured by inclusion of the issues on basics of consumers' knowledge into the secondary schools curriculums and also by organization of the system of informing the consumer about his rights and necessary actions on protection of these rights.

Article 5. Information on Goods (Works, Services)

1. A manufacturer (executor, seller) is obliged to timely present the necessary and valid information on the goods (works, services) offered to the consumer complying with the requirements to its content and means of delivery of such information established by the legislation and commonly demanded from the retail trade, service and other kinds of service of the consumers. The list and means of bringing such information to the consumers' notice on certain kinds of goods (works, services) are established by the Government of the Republic of Belarus.

2. Information on goods (works, services) shall obligatory contain:

2.1 name of goods (work, service);

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

2.3 indication of the normative document establishing the requirement to the quality of goods (work, service), with which requirement the goods (work, service) shall comply (for the goods (works, service) manufactured under the normative documents establishing the requirements to the quality of goods (work, service) and that is in effect in the Republic of Belarus);

2.4 information on the main consumers' properties of goods (results of works, service) and in relation to the food products—on the content, nutrition value, (for the products designed for children's, medical and diet nourishment—calorie value, presence of vitamins and other indicators about which it is necessary to inform the consumer according to legislation), indication of the fact that the food product is genetically modified or genetically modified components are used in it, and also in case and in order determined by the Government of the Republic of Belarus information on present of harmful substances to the health of the consumer, comparison (correlation) of such information with the obligatory requirement of the normative document establishing the requirements to the quality of goods (work, service), on indications to application for the certain age groups and also on contra-indications and indications to application at certain kinds of illnesses the list of which is approved by the Government of the Republic of Belarus;

2.5 price and terms of acquiring the goods (works, services);

2.6 warranty period, if it is established;

2.7 recommendations on cooking of food products, if it is required according to the specific character of goods (work, service);

2.8 date of manufacturing and (or) service life and (or) application period and (or) storage period of goods (results of work) established in accordance with the present Law, indication of the conditions of storage of goods (results of work), if they are different form the common conditions of storage of the relevant goods (results of work) or require special conditions of storage, and also information on necessary actions of the consumer at expiration of the mentioned periods and possible consequences at non-fulfillment of such actions, if the goods (results of work) at expiration of the mentioned periods are dangerous to life, health and property of the consumer and environment or become invalid for usage according to their purpose;

2.9 name (firm name), place of location (legal address) of the manufacturer (executor, seller) and place of location of the organization (organizations) authorized by the manufacturer (seller) to accept the claims form the consumer and carrying out the repair, technical maintenance of goods (results of work);

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

2.11 indication of the concrete persons that will carry out the work (render service), and information about him, if it is important because of the character of work (service);

2.12 indication of usage of the phonogram at rendering entertainment services by the performers of the music compositions;

2.13 weight (pure), volume, quantity or completeness of goods (works, service) and special sign (where it is provided by the normative document establishing the requirements to the quality of goods (works, services));

2.14 necessary information on the rules and conditions of effective and safe usage of goods (results of works, services) and other information that is obligatory for presentation to the consumer according to legislation or to the contract including information related to the contract and to the relevant work upon the consumer's request;

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

At sale of the confiscated goods to the consumer the information that the goods were confiscated shall be presented.

3. Information provided by the points 1 and 2 of the present article is brought to consumer's notice in the documentation enclosed to the goods (results of work, service), on consumer's package, labels or by other means customary for the certain kinds of goods (results of work, service) in Russian or Belarusian languages. Information delivered or reported in foreign language is considered not presented except for the cases, when it was reported or delivered in foreign language upon the consumer's request.

4. The food products and other goods filled and packed to the consumer's package not at the place of their manufacture, besides the information mentioned in the point 2 of the present article shall contain information on filler and packer.

5. At sale of the goods (carrying out the work, rendering service) to the consumer the seller (manufacturer, executor) is obliged to give him a cash (commodity) check or other document proving the payment of the goods (carrying out of the work, rendering the service).

Article 6. Information on Manufacturers (Executors, Sellers)

1. A manufacturer (executor, seller) is obliged to bring to consumer's notice its name (firm name), place of location (legal address) and working hours, and also other necessary information in accordance with the legislation. The manufacturer (executor, seller) locates the mentioned information at the sign board or by other available means customary in the sphere of trade, consumer's and other kinds of service of the consumers.

The manufacturer (executor, seller)—individual entrepreneur shall also present to the consumer the information on his last name, name and middle name and also on the state registration and the name of the body that has carried out the state his registration as the citizen carrying out the entrepreneur's activity without forming a legal person.

2. If the kind (kinds) of activity carried out by the manufacturer (executor, seller) is subject to licensing, the consumer shall be given information on the number of the special permit (license), the term of its validity, about the state body or state orgnization that has issued the special permit (license) as well as the possibility of familiarizing with the original or copy of the special permit (license) attested in the established order shall be given upon the request of the consumer.

3. Information provided by the point 1 and 2 of the present article shall be brought to the consumer's notice also at carrying out of the retail trade, consumer's and other kinds of service of the consumers in the temporary premises, at fairs, form the stands, at markets and also in other cases, if the retail trade, consumer's and other kinds of service of consumers is carried out of place of location of the manufacturer (executor, seller).

4. Information provided by the points 1 and 2 of the present article is brought to consumers notice in Belarusian or Russian languages. Information delivered or reported in foreign language is considered not presented except for the cases, when it has been reported or delivered in foreign language upon the consumer's request.

Article 7. Working Hours of the Seller (Executor)

The working hours of the seller (executor) are established upon the agreement with the local executive and administrative bodies and shall comply with the working hours declared.

Article 8. Civil Liability of the Manufacturer (Executor, Seller) for the Improper Information on Goods (Works, Services)

1. If the consumer is not given the possibility to timely receive at the place of the sale the necessary and trustworthy information on goods (works, service), he has the right to demand from the seller (executor, manufacturer) the compensation of the damages caused by the ungrounded evasion from the conclusion of the contract, and if the contract is concluded—in reasonable time to refuse from its fulfillment, to demand the return of the sum paid for the goods and compensation of other damages.

At cancellation of the contract the consumer is obliged to return the goods (result of work, service, if its is possible according to their character) to the seller (executor, manufacturer).

2. The seller (executor, manufacture) who did not give the consumer the possibility to receive the necessary and trustworthy information on goods (works, services) bare responsibility provided by the articles 19 and 30 of the present Law, and for those defects of goods (results of work, service) appeared after assignment it to the consumer, in relation to which the consumer will prove that they have appeared in connection with the absence of such information at the consumer.

3. If non-presentation (presentation of invalid or insufficient) information led to causing the harm to life, health or property of the consumer, he has the right to submit to the seller (manufacturer, executor) the claims provided by the article 16 of the present Law.

4. The consideration of the consumer's claim on compensation of the damages caused by non-presentation of the necessary and trustworthy information on goods (work, service) should be based on the assumption that the special knowledge on the properties and characteristics of goods (work, services) is absent at the consumer.

Article 9. The Right of the Consumer to Safety of the Goods (Work, Service)

The consumer has the right to the goods (work, service) at the established conditions of their usage, storage, transportation and utilization to be safe for the life, health of the consumer and environment and also that is did not harm the property of the consumer. The requirements that shall provide the safety of the goods (work, service) are obligatory and are established in accordance with the legislation.

Realization of the goods (carrying out the works, rendering services) with the defects, presence of which is a breach of the obligatory requirements on their safety, is prohibited.

Article 10. Duties of the Manufacturer (Executor, Seller) on Securing the Safety of the Goods (Works, Services)

1. The manufacturer (executor, seller) is obliged to secure the safety of the goods (results of work) within the established period of service or the application period of goods (results of work).

If the manufacturer (executor) has not established the service period for the goods (result of work), he is obliged to secure the safety of goods (result of work) within 10 years form the day of goods' (result's of work) sale to the consumer.

2. The harm caused to life, health or property of the consumer as the result of non-securing the safety of goods (result of work, service) is subject to compensation in accordance with the article 16 of the present Law.

3. The manufacturer (executor, seller) is obliged to inform the consumer on the possible risk and on the conditions of safe usage of goods (result of work, service) with the help of relevant indications customary in the Republic of Belarus and (or) in international practice. At that if for the safe usage of goods (result of work, service), their storage, transportation or utilization it is necessary to obey the special rules, the manufacturer (executor) is obliged to mention them in documentation enclosed to the goods (result of work, service), at the label or by other available (familiar) and clear to the consumer means allowing the consumer to familiarize with those rules, and the seller (executor) is obliged to bring those rules to consumer's notice.

4. Food raw materials and food products produced in the territory of radioactive contamination should have a document established by the legislation on agricultural industry and on sanitary and epidemic well-being of population, about conformity of containing of radionuclides to republican permissible level, at which there are indicated the place of production of food raw materials and food products, manufacturer, conformity of indices of containing of radionuclides in them to republican permissible level (including in cases established by legislation, information about correlation between these indices and republican permissible levels).

5. Goods (work, service), for which the legislation or normative document establishing requirements for quality of goods (work, service) set forth requirements providing their safety for life, health, property of consumer and protection of environment, as well as means providing safety of life and health of consumer, are subject to state hygienic regulation and registration and (or) compulsory confirmation of conformity to requirements of technical normative acts in the sphere of technical regulation and standardization.

The list of goods (works, services) subject to state hygienic regulation and registration is established in the order specified by the Government of the Republic of Belarus.

The list of goods (works, services) subject to compulsory confirmation of conformity to requirements of technical normative acts in the sphere of technical regulation and standardization and terms of introduction of compulsory confirmation of conformity in relation to these goods (works, services) are approved by the Government of the Republic of Belarus.

There is not allowed realization of goods (carrying out of works, rendering services) subject to state hygienic regulation and registration and (or) compulsory confirmation of conformity to requirements of technical normative acts in the sphere of technical regulation and standardization including imported goods without appropriate certificates of state hygienic regulation and registration and (or) documents on evaluation of conformity to requirements of technical normative acts in the sphere of technical regulation and standardization. Order of confirmation of existence of certificate of state hygienic regulation and registration of the goods being realized is established by the Ministry of Health of the Republic of Belarus, and the document of evaluation of conformity of the goods being realized (work being carried out, service being rendered) to the requirements of technical normative acts in the sphere of technical regulation and standardization – by the State Committee of Standardization of the Republic of Belarus.

6. If at observance by the consumer of the rules of usage, storage, transportation or utilization of goods (results of works, services), they cause or may harm the life, health and (or) property of the consumer or to the environment the manufacturer (executor, seller) is obliged to without delay suspend their production (realization) till the elimination of the reasons of the harm. If the reasons of harm cannot be eliminated, the manufacturer (executor, seller) is obliged to take the goods (works, services) out of production and timely inform the relevant state bodies about it, to take all necessary measures to timely inform the consumer through mass media on possible danger for his life, health, property and environment, withdrawal the goods (work, service) form circulation and recall from the consumer.

Informing the consumer through mass media on the goods (works, services) being dangerous to his life, health, property and environment is carried out at the manufacturer's (executor's) expense.

7. At non-fulfillment by the manufacturer (executor, seller) of the duties provided by the point 6 of the present article, taking the goods (works, service) out of production, withdrawal them from the circulation and recall from the consumer are carried out upon the order of the relevant state body and also upon the decision of the court. The damages caused to the citizens in connection with non-fulfillment of such obligations by the manufacturer (executor, seller) are subject to compensation at full amount by the relevant manufacturer (executor, seller).

The damages caused to the consumer in connection with the recall of the goods (works, services) are subject to compensation by the manufacturer (executor, seller) at the full amount.

Article 11. The Right of Consumer to Free Choice of Goods (Work, Service)

1. The consumer has the right to free choice of goods (works, services) of the proper quality at time convenient to him with the consideration of the working hours of the seller (manufacturer, executor).

2. The seller (manufacturer, executor) is obliged to render the assistance to the consumer in his free choice of goods (work, service).

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

4. Establishment of any other privileges, direct or indirect limitations at the choice of goods (works, services) is not allowed except for the privileges or limitations provided by legislation.

Article 12. The Right of Consumer to Proper Quality of Goods (Works, Services)

1. If the order established by the legislation provide the obligatory requirements to the quality of goods (work, service), the seller (manufacturer, executor) is obliged to hand the goods to the consumer (carry out the work, render the service) complying with these requirements.

2. The consumer has the right to check the quality, completeness, weight, measure of the acquired goods (works, service), to conduct at his presence of the properties check or demonstration of the proper and safe usage of goods, if it is not excluded because of the character of goods.

The seller (executor) is obliged of demonstrate the workability of goods and hand to the consumer the goods (carry out the work, render service), the quality of which corresponds with the presented information about the goods (works, services) and with the terms of the contract, and also upon the demand of the consumer to present him the necessary control measure means provided by the rules of retail trade with the valid certificates and (or) print of the stamp proving the check and appropriateness of these means for application, documents proving the quality and safety of goods (result of work, services) and its completeness.

3. At absence of the term on quality of goods (work, service) in the contract the seller (executor) is obliged to hand to the consumer the goods (carry out the work, render the service) complying with the commonly set requirements and applicable for the purposes, for which the goods (result of work, service) of such kind are usually used.

4. If the seller (executor) at conclusion of the contract was notified by the consumer about the concrete purposes of acquiring of the goods (carrying out of the work, rendering service), the seller (executor) is obliged to assign the goods to the consumer (render service, carry out the work) of the proper quality and applicable for usage in accordance with these purposes.

5. At the sale of the goods under the sample and (or) description, the seller is obliged to assign the goods that comply with the sample and (or) description to the consumer.

Article 13. The Rights and Duties of the Manufacturer (Executor, Seller) to Establish the Service Period, Application Period, Storage Period of Goods (Result of Work), and also of the Warranty Period of Goods (Result of Work)

1. The manufacturer (executor) is obliged to establish the service period of goods (result of work) of long usage, including the component products (details, knots, assembly) that are at expiration of the definite term can be dangerous to life, health of the consumer, can cause harm to his property or environment. The list of such goods (results of work) is established by the Government of the Republic of Belarus.

2. For the food products, perfume make-up goods, medicaments and other similar goods (results of work) the consumer properties of which can worsen with time, the manufacture is obliged to establish the period of application and (or) the period of storage.

The goods (results of work), for which the period of application and (or) the storage period is established, the seller (manufacturer, executor) is obliged to assign to the consumer with the consideration of the fact, that they could be used for the purpose before the expiration of the application period and (or) the storage period.

3. Realization of goods (results of work) at expiration of the established period of application and (or) storage period, service period and also of the goods (result of work), for which the service period, the application and (or) storage period shall be established, but have not been established is prohibited.  Realization of certain non-food products, the period of service and (or) the application period of which has expired, can be permitted by the authorized state bodies on protection of the rights of consumers upon the results of conducting the relevant expertise of such goods.

4. The manufacturer (executor) has the right to establish the warranty period for the goods (result of work, service), if otherwise is not established by the legislation, within which in case of revealing of the defect of goods (result of work, service) the manufacturer (executor) is obliged to satisfy the claims of the consumer provided by the articles 19 and 30 of the present Law.

5. The seller has the right to establish the additional warranty period for the goods above the warranty period established by the manufacturer (executor), and also the warranty period for the goods, for which the warranty period is not established by the manufacturer (executor).

Article 14. Duties of the Manufacturer (Seller) to Secure the Possibility of Repair and Technical Maintenance of Goods

The manufacturer (seller) is obliges to secure the possibility of usage of the goods for the purpose within their period of service.

For this purpose the manufacturer (seller) provides the repair and technical maintenance of goods, and also the production and delivery of spare parts to the trade and repair organization in the amounts and range necessary of the repair and technical maintenance within the period of manufacturing of goods and after their taking out of the production—within the period of service of goods, and at the absence of such period—within 10 years from the day of sale of the goods to the consumer.

Article 15. The Civil Liability of the Seller

1. For the infringement of the rights of consumers the seller (manufacturer, executor) bares liability in accordance with the legislation and (or) contract.

2. The damages caused to the consumer are subject to compensation at the full amount above the forfeit established by the legislation or by the contract.

3. The payment of the forfeit and compensation of the damages does not free the seller (manufacturer, executor) from the fulfillment of his obligations in kind in front of the consumer.

4. The seller (manufacturer, executor) is free from liability for non-fulfillment or improper fulfillment of the obligations, if he proves that non-fulfillment or improper fulfillment of the obligations occurred as the result of force majeure and also under other grounds the exclude the liability and that are provided by the legislative acts.

Article 16. Compensation of Harm Caused as the Result of Defects of Goods (Works, Services)

1. The harm caused to life, health or property of the consumer as the result of constructive, receptive or other defects of goods (work, service) and also as the result of invalid or insufficient information on goods (work, service) is subject to compensation at the full amount by the seller (manufacturer, executor) regardless of his fault and regardless of the fact whether or not the consumer was in contractual relations with him.

2. The harm caused as the result of defects of goods (works, services) is subject to compensation, if it has appeared within the established periods of application or periods of service of goods (work, service) and at absence of those periods—within 10 years form the day of production of the goods (carrying out of the work, rendering service).

3. If in defiance of the requirements of the act of legislation the period of application or the period of service of goods (works, services) are not established or the person to whom the goods is sold (the work is done or the service is rendered) was not notified on necessary actions after the expiration of the application period or the service period of goods (work, service) and on possible consequences at non-fulfillment of the mentioned actions, the harm is subject to compensation regardless of the time of it is caused.

4. The harm caused as the result of defects of work or service is subject to compensation by the executor.

6. The manufacturer (executor) bares responsibility for the harm caused to life, health or property of the consumer in connection with the usage of the materials, equipments, instruments and other means necessary for the production of such goods (carrying out of the works, rendering services) regardless of the fact where or not the level of scientific or technical knowledge of manufacturer allowed to reveal their specific properties or not.

7. The manufacturer (executor, seller) is free form the liability in case, if he proves that the harm has appeared as the result of force majeure or the infringement by the consumer of the established rules of usage of goods (result of work, service) or their storage.

Article 17. Compensation of the Moral Harm

1. Compensation of the moral harm caused to the consumer as the result of infringement by the manufacturer (executor, seller) of the rights of the consumer provided by legislation, is carried out by the person, who has caused the harm, at his fault, if otherwise is not provided by the legislative acts.

2. Compensation of the moral harm is carried out regardless of the property harm subject to compensation. Compensation of the moral harm is carried out in monetary form.

3. The size of compensation of the moral harm is determined by the court depending on the character of the physical and moral sufferings caused to the consumer, and also the degree of fault of the person, who caused harm, in cases, when his fault is the ground for the compensation of harm.  At determining the size of compensation of moral harm the requirements of rationality and fairness shall be considered.

4. The character of the physical and moral sufferings are estimated by the court with the consideration of the factual circumstances, at which the moral harm has been caused, and individual peculiarities of the victim.

Article 18. Invalidity of the Terms of the Contract Infringing the Rights of Consumers

1. Terms of the contract infringing the rights of the consumers compared to the rights established by the present Law and other legislation in the sphere of protection of the rights of consumers are considered null and void.

2. Stipulation of the acquiring the goods (work, service) with the obligatory acquiring of other goods (works, services) is prohibited. The damages caused to the consumer as the result of infringement of his rights to free choice of goods (works, services) are compensated by the seller (executor) at the full amount.

3. The seller (executor) has no right without the consumer's consent grant additional services rendered with payment.  The consumer has the right to refuse to pay for such works (services), and if they have already been paid for—to demand the return of the sum paid from the seller (execution).

1. The consumer, to whom the goods of improper quality have been sold, if their defects had not been stipulated by the seller, has the right at his option to demand:

1.1 replacement of the goods of improper quality with the ones of proper quality;

1.2 proportionate reduction of the purchase price of goods;

1.3 without delay free of charge elimination of the goods' defects.

1.4 compensation of the expenses on elimination of the defects of goods.

The consumer has the right to demand the replacement of the technically complex goods or expensive goods in case of revealing of substantial defects of goods (substantial infringement of the requirements to their quality). The list of such technically complex goods is approved by the Government of the Republic of Belarus.

In case of revealing the defects of goods, the properties of which do not allow to eliminate those defects (food products, household chemical good and etc.) the consumer has the right at his own choice demand the replacement of such goods with the goods of proper quality or proportionate reduction of the purchase price.

2. Instead of submitting the claims mentioned in the point 1 of the present article the consumer has the right to cancel the contract of the retail sale and purchase, demand the return of the sum of money paid for the goods in accordance with the point 4 article 25 of the present Law. At that the consumer under the demand of the seller and at his expense shall return the received goods of improper quality.

At return to the consumer of the sum of money paid for the goods the seller has no right to deduct from it the sum, to which the price of goods has reduced as the result of full or partly usage of goods, losses of the proper condition of the goods and other similar circumstances.

3. The claims mentioned in the points 1 and 2 of the present article are submitted by the consumer to the seller.

4. The consumer has the right to submit the claims mentioned in the sub-points 1.1, 1.3 and 1.4 of the point 1 of the present article, to the manufacturer.

Instead of submitting these claims the consumer has the right to return the goods of improper quality to the manufacturer and to demand the return of the sum of money paid for the goods in accordance with the point 4 article 25 of the present Law.

5. The absence of the document proving the fact of purchase of the goods at the consumer is not the ground for refusal to satisfy his claims.

For proving the fact of purchase of goods the witness testimony can be used, elements of packing material (package), where the marks proving that the purchase of goods was carried out at that particular seller, and also the documents and other means of proof indicating making a purchase of goods at that seller can be used.

6. The seller (manufacturer) or organization (individual entrepreneur) carrying out the function of the seller (manufacturer) on the grounds of the contract with him are obliged to accept the goods of improper quality from the consumer, and in case of necessity to conduct the check of the quality of goods.

At appearance of a dispute on the reasons of occur of the defects of goods the seller (manufacturer) or organization (individual entrepreneur) carrying out the functions of the seller (manufacturer) on the grounds of the contract are obliged to conduct the expertise of the goods at their expense. The consumer shall be notified about the place and time of conducting the expertise in written form. The consumer has the right to participate in quality check (conducting the expertise) of goods in person or through his representative. The consumer has the right to contest the resolution of such expertise in court.

The cost of the expertise is paid by the seller (manufacturer). If as the result of the expertise of the goods it is established that the defects have appeared after the sale of the goods to the consumer as the result of infringement by him of the established rules of usage, storage or transportation of goods, the consumer is obliged to compensate to the seller (manufacturer) the expenses on conducting the expertise, and also the expenses of transportation of goods connected with its conducting.

7. The seller (manufacturer) or organization (individual entrepreneur) carrying out the function of the seller (manufacturer) on the grounds of the contract with him are responsible for the defects of goods, for which the warranty period is not established, if the consumer proves that the defects of goods have appeared before their assignment to the consumer or under the reasons that have appeared till that moment.

In relation to the goods, for which the warranty period is established, the seller (manufacturer) or organization (individual entrepreneur) carrying out the functions of the seller on the grounds of the contract with him are responsible for the defect of goods, if they do not prove that they have appeared after assignment of goods to the consumer as the result of the infringement by him of the rules of goods' usage or their storage, or actions of the third persons or force majeure.

In cases, when the warranty period provided by the contract is less than 2 years and the defects of goods are revealed by the consumer at expiration of the warranty period, but within 2 years from the day of assignment the goods to the consumer, the seller bares responsibility, if the consumer proves that the defects of goods have appeared before assignment the goods to consumer or under the reasons that have appeared till that moment.

8. The delivery of the large size goods or goods of more than 5 kilograms of weight for the repair, discount, replacement and their return to the consumer are carried out at his expense and at his own actions by the seller (manufacture) or by the organization (individual entrepreneur carrying out the functions of the seller (manufacturer) on the grounds of the contract with him. In case of non-fulfillment of such obligation and also at absence of the seller (manufacturer) at the place of location of the consumer the delivery and return of the mentioned goods can be carried out by the consumer. At that the seller (manufacturer) or the organization (individual entrepreneur) carrying out the functions of the seller (manufacturer) on the grounds of the contract with him are obliged to compensate to the consumer the expenses connected with the delivery and return of the mentioned goods.

Article 20. Terms of Submitting by the Consumer the Claims in Relation to the Defects of Goods

1. The consumer has the right to submit the claims provided by the article 19 of the present Law to the seller or manufacturer in relation to the defects of goods within the warranty period or the application period established by the manufacturer. If the seller has established the warranty periods in accordance with the point 5 of the article 13 of the present Law, the claims provided by the article 19 of the present Law in relation to the defects of goods revealed within the mentioned warranty period are submitted to the seller.

In relation to the goods for which the warranty periods or application periods are not established or the warranty periods are less than 2 years, the consumer has the right to submit the mentioned claims, if the defects are revealed within 2 years form the day of assignment them to the consumer, and in relation to the immovable property—within 3 years form the day of their assignment to the consumer, if longer terms were not established by the legislation and (or) contract.

2. The warranty period of goods begins to run form the moment of assignment of the goods to the consumer, if otherwise is not provided by the contract. If the moment of assignment of goods cannot be determined, this term is calculated from the day of goods manufacturing. It is prohibited to provide the terms in the contracts that worsen and limit the rights of consumers compared to those established by the legislation.

3. For season goods (clothes, fur products and etc.) the warranty periods are calculated from the moment of occurring the relevant season: from April 1—for the goods of spring-summer assortment and from October 1—for the goods of autumn-winter assortment. For the shoes of season kind the warranty periods of wearing are calculated: for winter—from November 15, spring and autumn—from March 1 and September 15 relevantly, summer—from May 1. The rules of calculation of the warranty periods for the season goods having one season classification are established by the legislation. The duration of the warranty period is interrupted from the beginning of the next season.

4. At sale of the goods under the samples, per post, and also in cases if the moment of conclusion of the retail sale and purchase contract and the moment of assignment of goods to the consumer are not the same, the warranty period is calculated from the day of goods' delivery to the consumer, and if the goods need a special installation (connecting) or assembling. If the consumer is deprived the possibility of using the goods because of the circumstances depending on the seller (if the goods need the special installment (connecting) or assembling that are to be performed by the seller or by the organization (individual entrepreneur) authorized by him in accordance with the contract, or they have the defect, or they cannot be used by the consumer because of other reasons), the warranty period is not calculated till such circumstances are not eliminated by the seller. If the day of delivery, installment (connecting) or assembling of the goods, elimination of the circumstances depending of the seller because of which the consumer cannot use the goods for their purpose, cannot be determined, the term is calculated form the day of concluding the contract of retail sale and purchase.

5. The warranty period can be established for the component and composite parts of the main product.; The warranty period on the component products and composite parts is calculated in the same order as the warranty period of the main product.

If otherwise is not provided by the contract, the warranty period on the component products and composite parts of the main product is considered equal to the warranty period on the main product and starts to run together with the warranty period on the main product.

In cases, when for the component products, composite part of the main product in the contract of retail purchase and sale the warranty period of less duration than for the main product is established, the consumer has the right to submit the claims connected with the defects of the component product or composite part of the main product when they are revealed within the warranty period on the main product, if otherwise is not provided by the contract.

If for the component product the warranty period of longer durability than the warranty period of the main product is established, the consumer has the right to submit the claims connected with the defects of goods, if the defects of the component product are revealed within the warranty period for it regardless of the expiration of the warranty period of the main product.

6. In case of revealing of the substantial defects of goods, including the industrial, constructive, receptive and other defect not connected with the deterioration, ageing and other physical processes in goods, the consumer has the right to submit the claims provided by the points 1 and 2 of the article 19 of the present Law to the manufacturer, if he proves that the defects have appeared before the sale of the goods to the consumer or because of the reasons that have appeared before this moment. The mentioned claim can be submitted if the defects in goods are revealed after the sale of the goods to the consumer, but within the established service period of goods or within 10 years form the day of the sale of goods, if the service period is not established.

7. The period of application of the goods is determined by the period calculated form the day of goods' manufacturing within which they are applicable for usage or the date before which the goods is applicable for usage.

8. The service period of goods can be calculated by the time units (months, years) and also by measure units based upon the functional purpose of the goods (result of work).

9. The service period and the application period of goods are calculated from the moment of goods' manufacturing. If the moment of manufacturing and the moment of readiness of the goods for usage are the same, the service period and the application period start to run from the moment of readiness of goods for usage, on what the consumer shall be informed.

Article 21. Elimination of the Defects of Goods by the Manufacturer

1. The defects revealed in the goods shall be eliminated by the manufacturer (seller) without delay. The maximal term of elimination of the defects cannot exceed 14 days form the day of submitting the claim on elimination of the goods' defects by the consumer.

2.  Regarding the goods of long-time usage the manufacturer (seller) is obliged at submitting the claim on elimination of the goods' defects by the consumer within 3 days to present the similar goods to the consumer without charge for the period of the repair, providing their delivery at his own expense. The order of presenting of such goods and also the list of goods of long-time usage, on which the mentioned requirement is not expanded, are established by the Government of the Republic of Belarus.

3.  In case of elimination of the goods' defects the warranty period on them is prolonged for the period within which the goods have not been used. The mentioned period is calculated from the day of submitting the claims on elimination of the defects of goods by the consumer till the day of their delivery after the repair.

4.  At elimination of the defect of goods by replacement of the component product or composite part of the main product, for which the warranty periods are established, the warranty period for the new component product or composite part of the main product of the same duration that for the replaced ones, and the warranty period is calculated from the day of assignment of these goods after the repair to the consumer.

Article 22. Replacement of the Goods of Improper Quality

1.  In case of revealing by the consumer of the defects of goods and submitting the claim on replacement of such goods the seller (manufacturer) is obliged to replace such goods without delay, and at the necessity of the additional check of the quality of such goods y the seller (manufacturer)—to replace them within 14 days from the day of submitting the mentioned claim.

At absence of the necessary goods for replacement at the seller (manufacturer) on the day of submitting of the mentioned claim the seller (manufacturer) shall replace such goods within one month form the day of submitting the mentioned claim. In case of absence at the seller (manufacturer) of the goods of the given model (mark, type, goods marking and etc) because of the reason not depending on him within a month from the day of submitting the claim by the consumer the seller (manufacturer) is obliged to present to him the similar goods of different model (mark, type, and etc) with the consumer's consent.

2.  At the consumer's claim the seller (manufacturer) is obliged within 3 days to present to the consumer without charge for temporary usage for the period of replacement the similar goods of long-time duration providing their delivery at his own expense. The order of presenting such goods, and also the list of goods of long-time usage on which the mentioned claim is not expanded are established in accordance with the point 2 article 21 of the present Law.

3.  The goods of improper quality shall be replaced with new one, that means that the goods not previously in use.

4.  At replacement of goods the warranty period is calculated again form the day of assignment of goods to the consumer.

Article 23. The Terms of Satisfaction of the Certain Claims of the Consumer

The claims of the consumer on proportionate reduction of the purchase price of goods of improper quality, compensation of the expenses to elimination of the defects of goods by the consumer or by the third persons, and also on compensation of the damages caused to the consumer by the denunciation of the retail sale and purchase contract are subject to satisfaction by the seller (manufacturer) without delay.  The maximal term for the satisfaction of claims of consumer cannot exceed 7 days form the day of submitting the relevant claim, and at the necessity of conducting the expertise—14 days.

Article 24. Liability of the Seller (Manufacturer) for the Delay to Fulfill the Claims of the Consumer

1.  For the violation of the terms provided by the articles 21-23 of the present Law, and also for non-fulfillment (delay in fulfillment) of the claims of the consumer on presenting him the similar goods for the period of repair (replacement) the seller (manufacturer) tolerating such violations, pays the consumer for every day of the delay the forfeit at the amount of 1 percent of the goods' price.

2.  The goods' price is determined based on the price of goods of similar model (mark, type and etc) existing on the moment of paying the forfeit by the seller (manufacturer) or on the day of passing the court decision, if the claim was not satisfied voluntarily. If on the day of sale of goods to the consumer their price was high than the price of similar goods at the moment of paying the forfeit or on the day of passing the court decision, the amount of the forfeit is determined based upon the price of goods on the day of their sale to the consumer.

3.  In case of non-fulfillment of the consumer's claims in terms provided by the articles 21-23 of the present Law, the consumer has the right at his choice to submit other claims provided by the points 1 and 2 article 19 of the present Law.

Article 25. Payments to the Consumer in Case of Acquiring of Goods of Improper Quality by Him

1.  At replacement of goods of improper quality with the goods of similar model (mark, type and etc) the recalculation of the price of goods is not conducted.

2.  At replacement of goods of improper quality with similar goods of different model (mark, type etc) in case, if the price of goods subject to replacement is less that the price of goods presented instead, the consumer shall pay the difference in price. In case, if the price of goods subject to replacement is higher than the price of goods presented instead, the difference in price is paid to the consumer. The price of goods subject to replacement is determined at the moment of replacement, and if the claim of the consumer is not satisfied by the seller (manufacturer), the price of the replaced goods and the price of goods presented instead are determined on the moment of passing the decision on replacement of goods by court.

3.  In case of submitting by the consumer the claim on proportionate reduction of the purchase price of goods the price of goods on the moment of submitting by the consumer the claim on discount is considered, and if it has not been voluntarily satisfied—on the moment of passing the decision on proportionate reduction of the purchase price by court.

4.  At denunciation of the retail purchase and sale contract the consumer has the right to return the money sum paid for the goods, and also to compensation of the difference between the price of goods established by the contract and the price of the relevant goods on the moment of voluntary satisfaction of his claim, and if the claim was not voluntarily satisfied—on the moment of passing the decision by court.

5.  In case of denunciation of the retail sale and purchase contract, to the consumer to whom the goods were sold on credit, the sum of money paid for the goods at the amount of credit repaid on the day of return of the goods (with the consideration of the price of goods on the moment of denunciation of the contract) is returned, and also the payment for granting the credit is compensated.

Article 26. Exchange of Goods of Proper Quality

1.  The consumer has the right within 14 days form the moment of assignment to him of the non-food goods, if the longer period has not been declared by the seller, to exchange the goods purchased at the place of the purchase or other places announced by the seller to the similar goods of other size, form, dimension, style, color or completeness conducting in case of the difference in price the necessary recalculation with the seller.

2.  The claim of the consumer on exchange or return of the goods is subject to satisfaction, if the goods were not in use, their consumer's properties are preserved and there is an evidence of acquiring of the goods at the given seller.

3.  The list of goods not subject to exchange on the grounds mentioned in the present article is approved by the Government of the Republic of Belarus.

4.  In case, if the similar goods are absent at sale on the day of appeal of the consumer to the seller, the consumer has the right to return the goods acquired to the seller and receive the sum of money paid for them.

5.  Food products of the proper quality are not subject to exchange and return.

Article 27. Rules of Certain Kinds and Forms of Trade Activity

The rules of certain kinds and forms of trade activity and also the rules of sale of certain kinds of goods are approved by the Government of the Republic of Belarus.

Article 28. Terms of Carrying Out the Works (Rendering Services)

1.  The executor is obliged to carry out the work (render the service) in term established by the contract on carrying out the works (rendering services), if otherwise is not provided by legislation.

2.  The term of carrying out the works (rendering service) is determined by the date (period) to which carrying out of work (rendering of the service) shall be over, or (and) and date (period) from which the executor shall start carrying out of work (rendering the service). Upon the agreement of the parties to contract also the terms of starting and ending of certain stages of work can be provided.

Article 29. Consequences of Violation of the Terms of Carrying out the Work (Rendering Service) by the Executor

1.  If the executor has violated the terms of carrying out the work (rendering service) or of certain stages of work (rendering service and also other terms provided by the contract or at carrying out the work (rendering service) it became obvious that is will not be completed in term, the consumer has the right at his choice:

1.1  set up a new term for the executor;

1.2  entrust the third persons to carry out the work (render service) for the rational price agreed by the parties or carry it out on his own and demand the compensation of the expenses incurred from the executor;

1.3  demand the proportionate reduction of the established price for carrying out the work (rendering the service);

1.4  denunciate the contract on carrying out the work (rendering the service).

2.  The consumer also has the right to demand a full compensation of the damages caused to him in connection with the violation of terms of execution of works (rendering service).

The damages are compensated within 7 days from the moment of submitting the claims by the consumer.

3.  The new terms set up by the consumer for the carrying out the works (rendering services) are mentioned in the contract on carrying out of work (rendering service).

In case of delay of new terms the consumer has the right to submit other claims provided by point 1 of the present article to the executor.

4.  The price of the work carried out (service rendered) returned to the consumer at denunciation of the contract on carrying out of work (rendering service) and also considered at reduction of the price of the work carried out (service rendered) is determined on the moment of denunciation of the contract or on the moment of submitting the claims on proportionate reduction of the price of the work carried out (service rendered) by the consumer, and if it was not voluntarily satisfied—on the moment of passing the decision on proportionate reduction of the price of the work carried out (service rendered) by the court.

5.  At denunciation of the contract on carrying out of work (rendering service) the executor has no right to demand the compensation of his costs incurred at the process of carrying out of work (rendering service), and also the payment for the work carried out (service rendered) except for the cases, if the consumer have accepted the work carried out (service rendered).

6.  In case of violation of the established terms of carrying out of work (rendering service) or the new terms set up by the consumer on the grounds of point 1 of the present article the executor pays to the consumer for every day (hour, if the term is set forth in hours) of delay the forfeit at the amount of one percent form the price of carrying out of the work (rendering of the service), and if the price of carrying out of the work (rendering the service) is not determined by the contract on carrying out of work (rendering service)—at the amount of one percent of the total price of the order. Higher amount of the forfeit can be established by the contract on carrying out of work (rendering service) between the consumer and executor.

The forfeit for violation of the terms of start of carrying out of work (rendering service) or its stage is taken for every day (hour, if the term is established in hours) of delay till the beginning of carrying out the work (rendering service) or submitting the claims provided by point 1 of the present article by the consumer.

The forfeit for violation of the terms of ending the execution of works (rendering service), its stage is taken for every day (hour, if the term is established in hours) of delay till the end of carrying out of work (rendering service) or submitting the claims provided by point 1 of the present article by the consumer.

The amount of the forfeit is determined based on the price of carrying out of work (rendering service), and if the mentioned price is not determined—based on the total price of order existing on the moment of voluntary satisfaction of such claim by the executor or on the day of passing of the court decision, if the claim of the consumer has not been satisfied.

7.  The claims of the consumer provided by point 1 of the present article are not subject to satisfaction, if the executor proves that the violation of terms of carrying out the work (rendering service) has occurred as the result of force majeure or at the consumer's fault.

Article 30. Rights of the Consumer at Revealing the Defects of the Work Carried Out (Service Rendered)

1.  At revealing the deviation from the contractual terms that have worsened the result of work (service), or other defect of the work carried out (service rendered) the consumer has the right at his choice to demand:

1.1  free of charge elimination of the defects of the work carried out (service rendered);

1.2  proportionate reduction of the price of the work carried out (service rendered);

1.3  free of charge production of other thing out of similar material of the same quality or repeated carrying out of work (rendering service), if it is possible. At that the consumer is obliged to return the thing previously assigned to him by the executor;

1.4  compensation of the expenses incurred on elimination of the defects of work carried out (service rendered) on his own or by third persons.

2.  Satisfaction of the claims of the consumer on free of charge elimination of the defect, on production of other thing or on repeated carrying out of work (rendering service) does not free the executor from the liability in the form of forfeit for the violation of term of ending the execution of work (rendering service).

3.  The consumer has the right to denunciate the contract on carrying out of the work (rendering service) and demand the full compensation of the damages, if in the term established by the point 1 article 31 of the present Law or by the contract the defects of the work carried out (service rendered) are not eliminated by the executor. The consumer also has the right to denunciate the contract on carrying out the work (rendering service), if he has revealed the substantial defects of the work carried out (service rendered) or deviations form the contractual terms that have worsened the result of work (service).

4.  The consumer also has the right to demand the full compensation of damages caused to him in connection with the defects of the work carried out (service rendered) and payment of the forfeit, if the deviations in the work form the contractual contracts and other defects of the result of work in term established by the contract were not eliminated or are substantial. The damages are compensated in terms established for satisfaction of the relevant claims of consumer in accordance with legislation.

5.  The price of the work carried out (service rendered) returned to the consumer at denunciation of the contract on carrying out of work (rendering service) and also considered at reduction of the price of the work carried out (service rendered) is determined on the moment of submitting the claim by the consumer, and if it has been voluntarily not satisfied—on the moment of passing by court the relevant decision.

6.  The claims connected with the defect of the work carried out (service rendered) can be submitted at accepting of the work carried out (service rendered) or in the course of carrying out of the work (rendering service) or, if it is impossible to reveal the defects at accepting the work carried out (service rendered), within the terms established by the present point, and also by points 7-10 of the present article or within 3 years regarding the defects in building or other immovable property.

7.  The claim on free of charge elimination of such defects of the work carried out (service rendered) that can be dangerous to life or health of the consumer, can be submitted by the consumer or his assignee within 10 years from the moment of acceptance of the result of work (service), if longer terms (terms of service) are not provided in the order established by the legislation. Such claim can be submitted regardless of the fact, when these defects are revealed including their revealing after the end of the warranty period.

8.  The executor is responsible for the defects of the work carried out (service rendered) on result of which the warranty period is not established, if the consumer proves, that they have appeared before its accepting or because of the reasons the appeared before the warranty period.

Regarding the work carried out (service rendered) on result of which the warranty period is established, the executor is responsible for its defects, if he does not prove that they have appear after accepting the work (service) by the consumer as the result of violation of the rights of usage of the results of work (service), actions of the third persons or force majeure.

9.  In case, when the warranty period established by the contract for the result of work (service) is less than 2 year (less than 3 years for the immovable property) and the defects of the work carried out (service rendered) are revealed by the consumer at expiration of the warranty period, but within two years (three years for the immovable property), the consumer has the right to submit the claims provided by the point 1 of the present article, if he proves that the defects have appeared before acceptance of the result of work (service) by him or because of the reasons that have appeared before that moment.

10.  In case of revealing the substantial defects of the work carried out (service rendered) the consumer has the right to submit one of the claims provided by the point 1 of the present article to the executor, if he proves that the defects have appeared before accepting the result of work (service) by him or because of the reason that have appeared before that moment. This claim can be submitted, if the mentioned defects are revealed within 2 years (for the immovable property—three years) form the day of accepting of the result of work (service) but within the limits of the term of service established for the result of work (service) or within 10 years form the day of accepting the result of work by the consumer, if the term of service is not established.

Article  31. Terms of Elimination of the Defects of the Work Carried Out (Service Rendered)

1.  The defects of the work carried out (service rendered) shall be eliminated by the executor within 14 days, if longer term is not stipulated by the agreement of the parties.

2.  For the violation of the terms of elimination of the defects of the work carried out (service rendered) provided by the present article the executor pays the consumer for every day of the delay the forfeit at the amount of one percent of the price of carrying out of the work (rendering service), and if the price of carrying out of work (rendering service) is not determined by the contract on carrying out of the works (rendering services)—at the amount of one percent form the total price of the order. The contract on carrying out of the work (rendering service) between the consumer and executor a higher amount of the forfeit can be established.

3. In case of violation of the mentioned terms the consumer has the right to submit other claims provided by point 1 of the article 30 of the present Law to the executor.

Article 32. Terms of Satisfaction of the Certain Claims of the Consumer

1.  The claims of the consumer on proportionate reduction of the price for the work carried out (service rendered), compensation of the expenses on elimination of the defects of the work carried out (service rendered) on his own or by the third persons, and also on compensation of the damages caused by the denunciation of the contract on carrying out the works (rendering services) provided by point 1 article 29 and point 1 article 30 of the present Law are subject to satisfaction within 7 days form the day of submitting the relevant claim.

2.  The claims of the consumer on free of charge production of other thing out of similar material of the same quality or on repeated carrying out of work (rendering service) are subject to satisfaction in the term established for urgent carrying out of work (rendering service) and in case, if this term is not established—in term provided by the contract on carrying out of work (rendering service) that has not been properly fulfilled.

3.  For the violation of the terms for the satisfaction of the certain claims of the consumer provided by the present article the executor pays to the consumer for every day of the delay the forfeit at the amount of one percent of the price of carrying out of work (rendering service), and if the price of carrying out of work (rendering service) is not determined—at the amount of one percent of the total sum of the order. The contract on carrying out of work (rendering service) between the consumer and executor can establish higher amount of the forfeit.

4.  In case of violation of terms provided by point 1 and 2 of the present article the consumer has the right to submit other claims to the executor provided by the point 1 article 29 and point 1 article 30 of the present Law.

Article 33. Estimate or Calculation for Carrying out of Work (Rendering Service)

1.  For carrying out the work (rendering the service) provided by the contract on carrying out of work (rendering service) the fixed or rough estimate or calculation can be made. The conducting such estimate or calculation upon the consumer's or executor's request is obligatory.

2.  The executor has no right to demand the increase of the fixed estimate, and the consumer –its reduction including in the case, when at the moment of concluding the contract the possibility of provide the full amount of the works subjects to carrying out (services to rendering) or the expenses necessary for it was excluded.

3.  At substantial increase of the cost of the material and equipment that shall be rendered by the executor, and also of the services rendered to him by their persons that could not be foreseen at the conclusion of the contract, the executor has the right to demand the increase of the established estimate, and at the refusal of the consumer to fulfill this demand—the denunciation of the contract in court.

4.  If the necessity in conducting the additional works (rendering the additional services) have appeared and because of this the rough estimate is substantially exceeded, the executor is obliged timely to warn the consumer about it. If the consumer does not give his consent to exceed the rough estimate, he has the right to denunciate the contract. In this case the executor can demand the payment for the part of work carried out from the consumer.

The executor, who has not timely warned the consumer on necessity to exceed the rough estimate, is obliged to fulfill the contract keeping the right to be paid for the work (service) at the amount of the rough estimate.

Article 34. Carrying the Work out of the Executor's Material

1.  The executor is obliged to carry out the work determined by the contract on carrying out of the works out of his material and on his own, if otherwise is not established by the contract.

The executor giving the material for carrying out of the work is responsible for its proper quality under the rules of seller liability for the goods of proper quality.

2.  The material of the executor is paid by the consumer at conclusion for the mentioned contract at full or at the amount determined by the contract on carrying out of work on the condition of final payment at reception of the result of the work carried out by the executor by the consumer, if other order of paying for the material of executor is not provided by the agreement of the parties.

3.  In cases provided by the contract on carrying out of work, the material can be given to the executor to the consumer on credit. Consequent changes of the price of the material given by the executor on credit do not lead to recalculation.

4.  The material of the executor and technical means necessary for carrying out of the work, instruments and other are delivered to the place of carrying out of the works by the executor, if otherwise is not provided by the contract.

Article 35. Carrying out the Work out of the Material (With a Things) of the Consumer

1.  If the work is carried out fully or partly form the material (with a things) of the consumer, the executor is responsible for the safety of this material (thing) and its economical and provident usage.

2. The executor is obliged:

2.1  to warn the consumer on uselessness or improper quality of the material (thing) assigned by the consumer;

2.2  to present a report on waist of the material and return its rest or reduce the price (estimate) of work with the consideration of the price of the unused material left at the executor with the consumer's consent.

3.  In case of full or partly loss (damage) of the material (thing) accepted from the consumer, the executor is obliged within 3 days to replace it with the similar material (thing) of the similar quality and at the consumer's request to produce the product form the similar material (thing) in the agreed term, and at the impossibility to do it—to compensate the double price of the lost (damaged) material (thing) to he consumer, and also the expenses incurred by the consumer.

4.  The price of the lost (damaged) material (thing) is determined based on the price of the material (thing) existing at that place where the claim of the consumer shall be satisfied by the executor on the day of satisfaction of such claim or on the day of passing the court decision, if the claim of the consumer was not voluntarily satisfied.

In the contract on carrying out of work or other document (receipt, order) proving its conclusion the precise name, description and price of the material (thing) determined by the agreement of the parties shall be indicated.

5.  The executor is freed from the responsibility for the full or partial loss (damage) of the material (thing) accepted by him from the consumer, if he proves that he had warned the consumer about the special properties of the material (thing) that can lead to its full or partial loss (damage).  The executor is not freed from the responsibility in the case, if the level of his scientific and technical knowledge did not allow revealing the special properties of the material (thing).

Article 36. Duty of the Executor to Inform the Consumer on Circumstances that Can Influence the Quality of the Work Carried out (Service Rendered) or Lead to Impossibility of Its Ending at Term

1.  The executor is obliged timely and in written form to inform the consumer about the fact that the observance of the consumer's instructions and other circumstances depending on the consumer can reduce the quality of the work carried out (service rendered) or lead to impossibility of its ending at term.

2.  If the consumer in spite of the timely and grounded notification by the executor in the agreed term does not replace the material useless or the one of improper quality, does not change the instructions of the method of carrying out of the work (rendering service) or does not eliminate other circumstances that can reduce the quality of the work carried out (service rendered), the executor has the right to denunciate the contract on carrying out of the work (rendering service) and demand the compensation of the damages caused to him.

Article 37.  The Order of Payments for the Work Carried Out (Service Rendered)

The order of payments for the work carried out (service rendered) is determined by the contract between the consumer and the executor.

The consumer is obliged to pay for the work carried out (service rendered) by the executor at a full amount after its accepting by the consumer. With the consent of the consumer the work carried out (service rendered) can be paid by him at conclusion of the contract at full or by prepayment.

Article 38. Rules of the Service and Other Kinds of Service of the Consumers

The rules of consumer and other kinds of service of the consumers (carrying out of the certain kinds of works and rendering the certain kinds of services) are approved by the Government of the Republic of Belarus.

Article 39. Regulation of Carrying out of the Certain Kinds of Works (Rendering the Certain Kinds of Services)

The peculiarities of the relations of the consumers and the executors under the contracts on carrying out of works (rendering services) that under their character are not under the effect of the present Chapter, and also the consequences of non-fulfillment or improper fulfillment of the contract are determined by the rules on certain kinds of such contracts.

Article 40. State Bodies Carrying out the Protection of the Rights of Consumer and Control over the Observance of Legislation on Protection of the Rights of Consumers

The state protection of the rights of consumers and control over the observance of the legislation on protection of the rights of consumer are carried out by the authorized state bodies within their competence.

Article 41. Competence of the Ministry of Trade of the Republic of Belarus in the Sphere of Protection of the Rights of Consumers

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

1.1  the suggestions to the bodies of state management on abolishment or changing of the normative legal acts adopted by them contradicting the legislation on protection of the right of consumers;

1.2  instructions to the manufacturers (executors, sellers) on termination of the sale of goods with the expired period of application or period of service, and also on termination of the realization of the goods on which the application periods shall be established, but were not established, or on termination of carrying out of work (rendering service) on results of which the application periods shall be established, but were not established, and on termination of the realization of goods (carrying out of work, rendering service) at absence of the necessary and trustworthy information on goods (works, service);

1.3  materials to the law enforcement bodies for deciding the questions on initiation of the criminal proceedings under the signs of the crimes connected with the violation of the rights of consumers provided by the present Law.

2.  The Ministry of Trade of the Republic of Belarus has the right:

2.1  to appeal to court with the claim on protection of the rights of the indefinite circle of consumers in cases of violation of the rights of consumers;

2.2  direct the materials on violation of the rights of consumers to the state bodies and state organizations that have issued the special permits (licenses) on carrying out of the relevant kind of activity, for deciding the question on suspension of the effect of the special permit (license) till the elimination of the violations made or on annulment of the relevant special permit (license).

3.  The officials of the Ministry of Trade of the Republic of Belarus at fulfillment of their official duties have the right in established order to attend freely the sate bodies and organization , and also individual entrepreneurs with consideration of their working hours.

4.  The state bodies and organizations, and also individual entrepreneurs are obliged at request of the Ministry of Trade of the Republic of Belarus to present in established order the information necessary for fulfillment by this Ministry of it powers provided by the present Law.

5.  The decisions on protection of the rights of consumers adopted within its competence by the Ministry of Trade of the Republic of Belarus are obligatory for all state bodies and also organizations, individual entrepreneurs and citizens.

Article 42. Competence of the Local Executive and Administrative Bodies in the Sphere of Protection of the Rights of Consumers

For the purposes of protection of the rights of consumers the local executive and administrative bodies are obliged:

to consider the applications, appeals and complaints of the consumer in accordance with legislation;

to organize the explanation of the legislation and render the legal assistance to the population on the questions of protection of the rights of consumers;

at revealing of the goods (works, services) of improper quality and also the ones dangerous to life, health, property of the consumer and environment to notify about it the republican bodies of state management (their territorial bodies) carrying out the control over the quality and safety of the goods (works, services) without delay;

in cases of revealing the sale of goods (carrying out of work, rendering service) without presenting the necessary and trustworthy information or with the expired application period, or without the application period, if the establishment of such period is obligatory, to direct the instructions to the manufacturers (executors, sellers) on suspension of the production and realization of goods (carrying out of works, rendering service)till the elimination of the violations made or on termination of the realization of goods (carrying out of works, rendering services);

appeal to court with the claim on protection of the rights of consumers;

carry out other functions on protection of the rights of consumers provided by the legislation.

Article 43. Judicial Protection of the Rights of Consumer

1.  If in accordance with the legislation or relevant contract for the parties in the case the exclusive or contractual jurisdiction is not established, the claim on protection of the rights of consumer can be submitted to court at the choice of plaintiff at the place:

1.1  of residence or location of the plaintiff;

1.2  of residence or location of the defendant;

1.3  of fulfillment of contract;

1.4  of causing harm.

2. The following are freed from paying the state duty:

2.1  the consumers under the claims connected with the violation of their rights;

2.2  authorized state bodies on protection of rights of consumers and bodies of prosecution under the claims connected with violation of the rights and legal interests of consumers or legislation on protection of the rights of consumers;

2.3  local executive and administrative bodies, public associations of consumers under the claims submitted on their behalf on protection of the rights and legal interests of consumers (indefinite circle of consumers).

3.  At satisfaction of the claim connected with violation of the rights of the indefinite circle of consumers, the court oblige the offender to bring in the term established by court through mass media or by other means the decision of court to consumers' notice.

4.  At satisfaction of the claim connected with violation of the rights of consumer, if local executive and administrative bodies or public associations of consumers bring the claim on protection of the rights of consumers, the court passes the decision on imposing the fine at the amount of the sum taken for non-observance of the voluntary order of satisfaction of the claims of consumer on the seller (manufacturer, executor).  The fine is taken in accordance with legislation to the relevant budget.  If local executive and administrative bodies bring the claim, 50 percent of the sum of the fine taken is transferred to the relevant local budget.  If the public association of the consumers brings the claim on protection of the rights of consumer, 10 percent of the sum of the fine taken is transferred to that public association.

5.  Along with satisfaction of the claim submitted by the public association of the consumers on behalf of a consumer (indefinite circle of consumers), the court passed the decision on imposing on the defendant on behalf of the public associations of the consumers the compensation of the judicial expenses connected with the consideration of the case, including the expenses on engaging the experts to participation in the case.

Article  44. Appealing the Instructions and Decisions of the Authorized Sate Bodies on Protection of the Rights of Consumers

The manufacturers (executors, sellers) of goods (works, service) have the right to appeal to court with the application on recognition of the instructions and the decisions of the authorized state bodies on protection of the rights of consumers fully or partially invalid.

The appellation in the established order of the instructions and decisions in terms provided by the legislation suspend their fulfillment.

Article 45. The Right of Consumers on Creation of the Public Associations of the Consumers

The citizens have the right to associate on voluntary basis in public associations of consumers, that carry out their activity according to legislation.

Article 46. Rights of the Public Associations of Consumers

The public associations of consumers have the right:

to participate in elaboration of the normative documents establishing the requirements to the quality of goods (works, services), law drafts and other normative legal acts regulating the relations in the sphere of protection of the rights of consumers;

to study the consumer's properties of the goods, the demand on those goods, conduct public surveys to reveal the public opinion on quality of the produced products (works carried out, services rendered);

to participate at order of the consumer in conducting the expertise on the fact of violation of the rights of consumer, and also conduct the independent expertise of the quality and safety of goods (works, services);

introduce to the republican bodies of state management, local executive and administrative bodies the suggestions on measure of increase of the quality of goods (works, services), observance of rules of pricing, taking out of production, withdrawal from the circulation of goods (works, services) dangerous for life, health , property of consumers and environment, on banning the improper advertisement and information that brings the consumer to confusion, on termination of the sale of goods unlawfully overpriced;

carry out the informational enlightening activity in the sphere of protection of the rights of consumers;

carry out the public control over observance of the rights of consumer in the sphere of trade, consumer and other kinds of service of the consumers, to draw up the acts on the revealed violations of the rights of consumers and direct them for the consideration to the authorized state bodies;

direct to state bodies in accordance with their competence the materials on bringing the persons guilty in manufacturing and realization of goods (carrying out of work, rendering the service) not complying with the established requirements to safety and quality of goods (works, services) to account and also on violation of the rights of consumers provided by legislation;

appeal to the bodies of prosecution with the suggestions to bring the protests on the acts of the sate bodies contradicting to legislation on the protection of the rights of consumers;

submit the claims to the court on recognition of the actions of manufacturer (executor, seller) unlawful, contractual terms invalid in relation to the indefinite circle of consumers and termination of such actions;

appeal at the instruction of the consumer with the claims to the manufacturer (executor, seller) on elimination of the violations and on compensation of the damage caused by such violations to the consumer.

Article  47. International Treaties

If the international treaties that are in effect for the Republic of Belarus establish other rules than those contained in the present Law, other legislation on protection of the rights of consumers, the rules of international treaties are applied.

Article  48. Entering into Force of the Present Law

The present Law enters into force after 6 months form the day of its official publication, except for the article 50, that enters in force form the day of official publication of the present Law.

Article  49. Application of the Present Law to the Legal Relations Concerning the Protection of the Rights of Consumer

The present Law is applied to the legal relations appeared after its entrance into force.  To the legal relations appeared before the entrance of the present Law into force, it is applied to those rights and duties that will appear after its entrance into force.

Till bringing the legislation in accordance with the present Law the normative legal acts are applied in the part where they do not contradict the present Law, if otherwise is not provided in accordance with the Constitution of the Republic of Belarus.

Article 50. Bringing the Act of Legislation in Accordance with the Present Law

The Council of Ministers of the Republic of Belarus in 6 months term from the day of the official publication of the resent Law:

to prepare and introduce in established order to the House of Representative of the National Assembly Republic of Belarus the suggestions on bringing the legislative acts of the Republic of Belarus in accordance with the present Law;

to bring the decisions of the Government of the Republic of Belarus in accordance with the present Law;

to provide the review and abolishment by the republican bodies of state management accountable to the Council of Ministers of the Republic of Belarus, their legal acts contradicting to the present Law;

to provide the adoption of the normative legal acts necessary for implementation of the present Law.

Article  51. Recognition of Some Acts of Legislation on Protection of the Rights of Consumers Having No Force

In connection with the adoption of the present Law to recognize having no force:

The Law of the Republic of Belarus of November 19, 1993 "On Protection of the Rights of Consumers";

The Decision of the Supreme Council of the Republic of Belarus of November 19, 1993 "On Introducing into Effect of the Law of the Republic of Belarus "On Protection of the Rights of Consumers"