Publication date: 11.07.2024
Consumer protection in the agricultural sector
Agriculture is a key sector of Ukraine's economy that ensures food security and a significant part of the country's export potential. Consumer protection in this area is an important aspect that contributes to improving the quality of agricultural products, protecting the interests of consumers and ensuring the responsibility of producers. In this article, we will consider the main aspects of consumer protection in the agricultural sector, the legal framework, consumer rights, protection mechanisms and the procedure for appealing against violations.
Legal and regulatory framework
Consumer protection in the agricultural sector in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Protection of Consumer Rights":
- The main law that defines the legal framework for consumer protection, establishes consumer rights, obligations of service and product providers, and the procedure for complaints and consumer dispute resolution.
Law of Ukraine "On Agriculture":
- Defines the legal, organisational and economic principles of agriculture, establishes requirements for the organisation and conduct of agricultural operations, as well as liability for violations of legislation in this area.
TheLaw of Ukraine "On Food Safety and Quality":
- Defines the requirements for the safety and quality of food products, including agricultural products, and the procedure for state control and supervision over compliance with these requirements.
TheLaw of Ukraine "On Basic Principles of State Supervision (Control) in the Field of Economic Activity":
- Establishes the procedure for state supervision and control over compliance by business entities with the requirements of legislation, including in the field of agriculture.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between consumers and suppliers of agricultural services and products, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of legislation on agriculture and land protection.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of agriculture, including illegal use of land, violation of land use rules and other offences.
Order of the Ministry of Agrarian Policy and Food of Ukraine "On Approval of the Rules of Conducting Agricultural Activities":
- Establishes detailed rules for conducting agricultural activities, the procedure for organising and conducting agricultural activities, requirements for equipment and worker safety.
Basic consumer rights in agriculture
The basic consumer rights in the agricultural sector as defined by Ukrainian legislation include:
Theright to safe and quality products:
- Consumers have the right to receive safe and quality agricultural products that meet established standards and regulations.
The right toinformation:
- Consumers have the right to complete and accurate information about products, including information about the conditions of production, processing, storage and sale of agricultural products.
The right tochoose:
- Consumers have the right to freely choose the agricultural products and services offered on the market. Service providers do not have the right to impose products or services on consumers that they do not need.
Theright to compensation for damages:
- In the event of improper provision of agricultural services or sale of substandard agricultural products, consumers have the right to compensation for damages, including compensation for material and moral damages.
Theright to apply to courts and other consumer protection authorities:
- Consumers have the right to apply to courts, consumer protection authorities and human rights organisations to protect their rights.
Theright to safety and health protection:
- Consumers have the right to protect their lives and health from dangerous or harmful products and consumption conditions.
Consumer protection mechanisms
Ukrainian legislation provides for several mechanisms for consumer protection in the agricultural sector:
Contacting the supplier of agricultural products or services:
- In the event of defects or inconsistencies in the services or products provided, consumers have the right to contact the supplier directly to request the elimination of violations, replacement of products or services, reduction of the cost or refund.
Appealto consumer protection authorities:
- Consumers may file a complaint with the State Service of Ukraine on Food Safety and Consumer Protection or other competent authorities to protect their rights. Consumer protection authorities review complaints, inspect the activities of agricultural suppliers and apply enforcement measures in case of violations.
Judicialprotection:
- Consumers have the right to file lawsuits to protect their rights, including claims for damages, compensation for non-pecuniary damage, and an obligation to remedy violations.
Pre-trial dispute resolution:
- The legislation provides for the possibility of pre-trial settlement of disputes between consumers and suppliers of agricultural products or services, including mediation, arbitration and other forms of alternative dispute resolution.
Recourseto human rights organisations:
- Consumers can turn to human rights organisations and lawyers to protect their rights and interests.
Procedure for appealing against violations of consumer rights
In case of violation of consumer rights in the agricultural sector, consumers have the right to appeal against such violations in accordance with the established procedure:
Contacting thesupplier of agricultural products or services:
- The first step is to contact the supplier with a request to eliminate the violations. The request may be submitted in writing, indicating the circumstances of the violation, the consumer's requirements and evidence (contracts, receipts, photos, testimonies, etc.).
Filing acomplaint with consumer protection authorities:
- If an appeal to the supplier has not yielded results, the consumer may file a complaint with the State Service of Ukraine for Food Safety and Consumer Protection or another competent authority.So, whether you consult a lawyer or a lawyer's advice is not important. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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