CIVIL LAW AND PROCEDURE

The problem of ensuring judicial protection of consumer rights according to the legislation of the Republic of Kazakhstan

Abstract

The article discusses the problem of ensuring judicial protection of consumer rights under the legislation of the Republic of Kazakhstan. An analysis of the legislation of Kazakhstan in the field of consumer rights protection was carried out. The author noted that the practice of applying the 2020 innovations has shown their ineffectiveness, since as a result of their introduction, Kazakh consumers were struck down in their constitutional right to judicial protection. It is proposed that, taking into account the constitutional right to judicial protection of citizens, the stage of consumers contacting an authorized or state body should be optional and not mandatory. Attention is also drawn to the further development of alternative methods of dispute resolution, among which today the main role is played by arbitration. Considering problems that arise in practice with unfair schemes to deceive consumers using “pocket”, unfair arbitrations, the author offers solutions and ways to improve mechanisms for protecting consumer rights.