Main content and commitments of Ukraine
According to Chapter 20 “Consumer Rights Protection”, Section “Economic and Industrial Cooperation” of the Association Agreement, Ukraine and the EU Party cooperate with a view to ensure a high level of consumer protection and achieving consistency between their consumer rights protection systems as well as on the gradual approximation of legislation with EU norms (listed in Annex XXXVIII of the Agreement), at the same time, without creating barriers to trade.
Cluster 2 of the Subcommittee on Economics and other sectoral cooperation of the Association Committee.
Responsible bodies in Ukraine
Ministry of Economic Development and Trade of Ukraine.
- more stringent requirements for the protection of consumer rights for companies in the domestic market, hence foreclosure from the market of unscrupulous competitors;
- activation of creation of independent public organizations of consumers;
- harmonization of legislation in the field of consumer rights protection;
- establishment of closer links between the respective profile regulating agencies;
- cooperation on supervisory systems for the enforcement of consumer protection norms;
- increasing the effectiveness of compliance with legislative norms in Ukraine.
The state of adaptation of Ukrainian legislation and cooperation with the EU
The Concept of the state policy in the field of consumer rights protection for the period up to 2020 was approved (Order of the Cabinet of Ministers of Ukraine dated March 29, 2017, No. 217-p).
It is expected that the implementation of the Concept will increase the level of preventive protection of consumers' rights to prevent and / or reduce the number of violations of their rights, increase the level of education and awareness of citizens about their consumer rights and mechanisms for their protection, eliminate the market of unscrupulous entrepreneurs, etc.
A number of legislative acts were passed to ensure the implementation of the basic principles of the European food safety system:
- a new version of the Law of Ukraine “On Basic Principles and Requirements for the Safety and Quality of Food Products”;
- Law of Ukraine “On Amending Certain Legislative Acts of Ukraine on Food Products”;
- Law of Ukraine “On Amendments to Some Laws of Ukraine on Identification and Registration of Animals”;
- Law of Ukraine “On Consumer Lending”;
- CMU Resolution “On Amendments to the Procedure for the Conduct of Trade Activity and Rules of Trade Services in the Consumer Goods Market”, etc.
The work on harmonization of the Ukrainian legislation with the European allowed to improve the existing system of consumer rights protection and fulfill the following tasks:
- to prohibit the production, sale, export and import of products which, as a result of non-compliance with external characteristics, could pose a threat to the health and safety of consumers;
- to introduce sanctions for violation of the legislation on product safety;
- bring the obligations of producers and resellers to safety in line with EU law;
- at the legislative level, determine the conditions for consumer contracts that are considered unfair;
- to define guarantees and mechanisms of protection of consumers' rights regarding contracts concluded outside business premises;
- to provide protection of consumers' rights when concluding a consumer lending agreement;
- bring the requirements for commodity prices into line with EU law;
- to establish sanctions for violation of the legislation on the indication of prices.
The introduction of the basic principle of EU consumer protection legislation - the control of the safety of products from the lawn to the table - has been initiated, and the mandatory introduction of the Hazard Analysis and Critical Control Points (HACCP) by market operators of the international food safety and quality control system is in place.
Measures have been taken to complete the creation of the State Service of Ukraine for Food Safety and Consumer Protection (competent authority in the field of sanitary and phytosanitary measures), which began its work on April 6, 2016, and increase its institutional capacity.