LAW OF THE REPUBLIC OF MOLDOVA

of July 28, 2011 No. 140

About modification and amendments in some legal acts

The Parliament adopts this organic law. Art. I. - Part (1) article 4 of the Law on the state fee No. 1216-XII of December 3, 1992 (repeated publication: 2004, No. 53-55, of the Art. 302), with subsequent changes to add the official monitor of the Republic of Moldova with Item 71) of the following content: "71) claimants - in claims for consumer protection;". Art. II. - In the Marine life protection act of the rights of consumers No. 105-XV of March 13, 2003 (Official monitor of the Republic of Moldova, 2003, No. 126-131, of the Art. 507), with subsequent changes, to make the following changes and additions:

1. To add law preamble after the word of "consumers" with the following text: "also realizes the Directive 2005/29/EC of the European Parliament and Council of May 11, 2005 about unfair commercial practicians of the companies in the domestic market in relation to consumers and change of the Directive 84/450/EES of Council and directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and Council, and also Regulations (EC) No. 2006/2004 of the European Parliament and Council published in the Official magazine of the European Union (JO), No. L 149/22 of June 11, 2005.".

2. In Article 1: state the concept "product" of the following edition: "product - the value intended for individual consumption or use; also electrical and heat energy, gas, water delivered for individual consumption are considered as products. Within commercial the practician product is any value or service, including the real estate connected with product of the right and obligation;"; state the concept "illegal condition" of the following edition: "illegal condition - the term of the contract which, being individually not approved with the consumer, creates contrary to requirements of common sense in itself or together with other requirements of the agreement to the detriment of the consumer essential imbalance between the rights and obligations of the Parties following from the agreement;"; exclude the concept "wrongful acts in case of sale"; add the concept "shortcoming" with the words "and which is shown and it can be determined only during the using and/or storage of these goods, service;"; add Article with the following concepts: "public association of consumers - public association which single purpose is protection of the rights and legitimate interests of consumers without extraction of benefit for the members; the code of behavior - the agreement or set of rules, not stipulated by the legislation or administrative orders to observe the businessmen determining behavior promising them in connection with one or several commercial practicians or in one or several sectors of activities; the agreement of accession - the agreement which conditions are in advance constituted by one of the parties and other party can only agree to its conclusion with the imposed conditions or refuse its conclusion; the commercial decision - any decision on feasibility, method and conditions of acquisition of product, complete or partial form of its payment, preserving product or refusal of it or on accomplishment of contract law made by the consumer concerning product which can lead the consumer to action or abstention from it; essential misstatement of economic approach of consumers - use of the commercial practice significantly influencing capability of consumers to make the conscious decision on case and predetermining thus adoption of the commercial decision which otherwise would be not made; professional skill - the level of specialized competence and judiciousness which the businessman can reasonably use in relation to consumers according to fair commercial practice and/or with the general principle of common sense in the field of the activities; the distributor - business entity of distribyyutorny chain, other than the producer or the importer who delivers products on the market also provides transfer of the property right to it from the producer to the consumer; the consumer invitation - the commercial message by means of which characteristics and the price of product according to the procedure, corresponding to the means of commercial communications used for this purpose and which induces the consumer to purchase of this product are specified; unreasonable impact - use of line item of force in relation to the consumer in the form of rendering pressure upon it, even without using physical force or threat of its application, according to the procedure, significantly limiting capability of the consumer to make the conscious decision; commercial practicians (practicians of businessmen in relations with consumers) - any action, omission, behavior, the statement or the commercial message, including the advertizing and sale performed by the businessman in close connection with promotion, sale or delivery of goods to consumers; responsible for the code of behavior - any face, including the businessman or group of businessmen responsible for creation and review of the code of behavior and/or supervision of its observance by those who undertook to observe that; the contractor - any physical person or legal entity having permission to business activity which performs works in relations with consumers; the businessman - any physical person or legal entity which in commercial practicians, being subject of this law, is effective within the business, industrial, productive or handicraft activity, and also any person who acts for commercial purposes on behalf or for benefit of any businessman.".

3. Add the law with article 11 of the following content: "Article 11. Scope (1) This law determines general requirements by consumer protection, providing necessary conditions for their unrestricted access to products and services, for complete informing on the main product characteristics and services, protection and providing the rights and legitimate interests of consumers in connection with unfair commercial practicians, and also for participation of consumers in the reasons and decision making interesting them as consumers. (2) This law is applied to the unfair commercial practicians of businessmen determined by Article 101 to consumers to, in time and after the commercial transaction connected with product, service. (This law does not mention 3):

a) the legislative provisions concerning aspects of health of consumers and safety of goods;

b) the legislative provisions determining cognizance of degrees of jurisdiction;

c) the legislative provisions regulating approbation and branding of products from precious metals;

d) the specific provisions in certain areas relating to unfair commercial practicians. If such provisions exist in special laws, they are applied as additional requirements to the provided this law and if special laws contain more restrictive requirements concerning unfair commercial the practician, the specified restrictive requirements are applied.".

4. State Article 4 in the following edition: "Article 4. Illegal conditions (1) inclusion of illegal conditions by business entities in the agreements signed with consumers Is forbidden. (2) Illegal terms of the contract are considered invalid, except for the conditions which are individually approved.

(3) the Term of the contract which was not individually approved with the consumer is considered illegal if creates contrary to requirements of common sense in itself or together with other requirements of the agreement to the detriment of the consumer essential imbalance between the rights and obligations of the Parties.

(4) the Term of the contract is considered individually not approved if it was constituted previously, and for this reason the consumer was deprived of opportunity to influence its content, especially in case of the agreement of accession. (5) The fact that certain aspects of any condition or any certain term of the contract were individually approved does not exclude application of provisions of this Article to other contents of the agreement if overall assessment of the agreement specifies that it is the agreement of accession. (6) If the business entity claims that previously constituted term of the contract is individually approved with the consumer, it shall provide the corresponding proofs. (7) Any prisoner between business entity and the consumer the sales agreement of products, rendering services shall contain the conditions which are accurately formulated and excluding double interpretation not requiring for their understanding of special knowledge. (8) in case of doubts in interpretation of separate terms of the contract they are interpreted for benefit of the consumer. (9) the Legal relations following from illegal terms of the contract are regulated by the current legislation.".

5. Part (6) articles 6 after words "declarations of conformity", to add with the words "and also without documents on origin".

6. In Item g) Article 8 shall be replaced with words the word "register" "store the complaint book in a visible place and register".

7. In Item h) Article 9 shall be replaced with words the word "register" "store the complaint book in a visible place and register".

8. In Article 10: part (to state 2) in the following edition: "(2) the Business entity shall import and/or deliver on the market only the products conforming to the established or declared requirements, services and to render services only based on the agreement which is individually approved with the consumer."; part (to add 6) after the words "when rendering services" with words ", including utility,".,

9. Add the law with Articles 101, 102 and 103 of the following content: "Article 101. Unfair commercial practicians (1) unfair commercial practicians Are prohibited. (2) Commercial practice is considered unfair if:

a) contradicts requirements of professional skill; and

b) distorts or is capable significantly to distort economic approach of the average consumer whom she mentions or to whom it is directed, or mean of any group in case commercial practice is directed to certain customer group. (3) the Commercial practicians able significantly to distort economic approach of any accurately certain vulnerable customer group, shall be estimated proceeding from group mean. The customer group is mainly vulnerable concerning this practice or product to which this practice belongs, for the reasons of intellectual or physical variation, age or trustfulness, and its economic approach can be predicted by the businessman within limits. This provision does not concern regular and legal advertizing the practician which consist of the exaggerated statements or statements which are not intended to be taken into account in itself. (4) Unfair commercial practicians, in particular, are:

a) fraudulent according to provisions of parts (5) - (12);

b) aggressive according to provisions of parts (13) - (15). (5) Fraudulent commercial practicians can be expressed in deceitful practices or fraudulent omissions. (6) Commercial practice is recognized deceitful practice if contains false information or any otherwise, including by general idea, enters or it is capable to mislead the average consumer and in any situation forces or it is capable to force the consumer to make the commercial decision which otherwise would be not made by it even if this information is in practice right concerning one or several of the listed below elements:

a) existence or essence of product;

b) main product characteristics, such, as: availability, benefits, the possible expected risks, production, structure, accessories, after-sale services and consideration of claims, method and date of production or rendering services, delivery, capability to answer the purpose, use, quantity, expiration date, specifications, geographical or commercial origin, results which can be reached when using, results and the main characteristics of the carried-out testing or control of product;

c) extent of involvement of the businessman, motivation of commercial practice and nature of sales process, and also all declarations or all designations inducing to sponsorship or to direct or indirect support of the businessman or product;

d) the price or method of calculation of the price or availability of the specific benefit relating to the price;

e) need for service, for any separate detail, replacement or repair;

f) essence, competence and rights of the businessman or his representative, such, as: identity and property, qualification, the status, permission to activities, affiliation or bonds, is right concerning intellectual or commercial property or the earned rewards and awards;

g) the consumer's rights, including the right to repair, replacement or return of cost inappropriate product, services, reduction of price owing to agreement cancelation according to Article 13 provisions. (7) Commercial practice is also recognized deceitful practice if in the context of the actual situation and taking into account all its characteristics and circumstances induces or it is capable to induce the average consumer to adoption of the commercial decision which differently would be not made and also if involves:

a) any business activity concerning product including the comparative advertizing creating confusion with other product, the trademark, the name or other signs of distinction of the competitor;

b) non-compliance by the businessman with the obligations provided by the code of behavior which he undertook to observe if: - the obligation of the businessman is not aspiration, and strongly undertaken obligation which can be checked; and - within commercial practice the businessman specifies that he undertook to observe the relevant code. (8) Commercial practice is recognized fraudulent omission if in the context of the actual situation and taking into account all its characteristics and circumstances, and also space and temporary restrictions of the communication means used for information transfer lowers essential information which, in view of information context, is necessary for the average consumer for adoption of the commercial decision with skill, and, therefore, induces or it is capable to induce the average consumer to adoption of the commercial decision which otherwise it would not accept. (9) Commercial practice is also recognized fraudulent omission when, considering provided by part (8) aspects, the businessman hides or presents in not clear, illegible, ambiguous form or at the wrong time essential information or does not specify true commercial intention if that does not follow already from information context and when anyway the average consumer gave in to motivation or can give in to motivation to make the commercial decision which otherwise it would not accept. (10) If the communication means used for transfer commercial the practician impose restrictions in space or in time, at determination stage, practice by fraudulent omission is or not, the information user needs to consider these restrictions, and also any measures for provision taken by the businessman with other means. (11) in case of the consumer invitation essential to recognition commercial the practician unfair is considered the following information if it does not follow already from context:

a) the main product characteristics, considering the used communication means and product;

b) the location and other identification data of the businessman and if he acts on behalf other businessman, the location and other identification data of the last;

c) the price with all charges included in it or method of its calculation if the price cannot be previously reasonably calculated, considering the product nature; if necessary also all additional costs on transport, delivery or the postage dues and in case these costs cannot be previously reasonably calculated, refining that there can be additional costs paid by the consumer;

d) payment methods, deliveries, execution and considerations of claims if those differ from requirements of professional skill;

e) specifying of right of surrender or termination if it is provided for products and transactions. (12) the following commercial practicians Are recognized fraudulent any situation:

a) statement of the businessman that he is one of the parties which signed the code of behavior in case it that is not;

b) afishirovaniye of any certificate, quality label or their any equivalent, without having to it the appropriate right;

c) approval that any code of behavior was approved by public or other subject if approval did not take place;

d) approval that any businessman, including his commercial practicians, or its goods were accepted, approved or resolved by the public or private subject, without availability on that the bases or without observance of conditions of acceptance, approval or permission;

e) distribution of the invitation to buy products at determined price in case the businessman does not open in this invitation availability of the reasonable reasons based on which it would be possible to determine that he or by means of other businessman will not be able to deliver these or similar products at the same price during the reasonable period of time and in reasonable quantity, in view of product, scale of advertizing and the offered price;

f) distribution by the businessman of the invitation to buy products at determined price for the purpose of promotion of similar product that afterwards it was possible to resort to one of the following actions: to refusal to show the product which is advertizing subject; to refusal to take the order for the corresponding product or to bring him in reasonable time; to representation of the rejected product batch;

g) the false statement that any product will be available only during very limited period of time or will be available only under certain conditions during very limited period of time, for the purpose of receipt of the immediate decision and deprivation of consumers of other opportunities or sufficient term for implementation of the conscious choice;

h) the obligation of the businessman to provide to consumers certain after-sale service without accurate informing them to the conclusion of the transaction about language on which the service is provided if the businessman communicated with the consumer to the conclusion of the transaction in the language which is not official language of the state in which the service is provided;

i) approval or creation of impression that any product can be realized on legal causes in case it is impossible;

j) representation of legitimate rights of consumers as the rights granted only by the proposal of the businessman;

k) use of publishing context in mass media for promotion of any product with payment by the businessman of advertizing, but without accurate designation that in content or by means of the graphic and sound registration which is easily determined by the consumer (embedded advertizing);

l) distribution of groundless approvals about essence and scale of risk for personal security of the consumer or safety of his family in case of not acquisition by the consumer of product;

m) promotion by the businessman with intention to mislead the consumer какоголибо product, similar to other product produced by certain producer so that the consumer believed that the product is made by this producer;

n) creation, operating or promotion of the promotsionalny system based on the pyramidal scheme which the consumer takes into account because of opportunity to earn reward for attraction in this system of other consumer, but not for sale or consumption of products;

o) statement of the businessman about completion of the activities or about the reasons in other place when it is lie;

p) approval that any product is capable to increase chances of prize in gamblings;

q) the baseless assertion that the product is capable to cure diseases, to eliminate dysfunctions or tumors;

r) transfer of the inexact information about provided by the market conditions or about possibility of acquisition of product with intention to induce the consumer to acquire product in less favorable conditions, than in normal market conditions;

s) approval within commercial practice about carrying out tender or provision of award for the purpose of promotion of product without provision of the promised award or its reasonable equivalent;

t) the description of any product as "free", "without additional costs" or with use of similar concept in case the consumer shall incur and other costs, in addition to the inevitable costs caused by commercial practice including costs for delivery or product receipt;

u) inclusion in promotional materials of delivery note or the similar payment document making impression that the consumer already ordered the advanced product while actually it did not order it;

v) the false statement or creation of impression that actions of the businessman are not connected with its business, industrial, productive or handicraft activity, or false representation of as the consumer;

w) creation of false impression that after-sale services concerning product can be had in other country, than that in which the goods were sold. (13) Commercial practice is recognized aggressive if it in real situation taking into account all its characteristics and circumstances significantly limits or is capable to limit liberty of choice or approach of the average consumer concerning product by harassment, coercion, including use of physical force or unreasonable impact, and, therefore, induces or it is capable to induce the consumer to adoption of the commercial decision which otherwise he would not accept. (14) to determine whether commercial practice resorts to harassment, coercion, including physical force or unreasonable impact, are taken into account:

a) time, place of implementation, essence and/or duration of commercial practice;

b) application of threats, illegal lexicon or behavior;

c) conscious use by the businessman of difficult situation or especially difficult circumstances influencing capability of the average consumer to argue, for the purpose of influence on adoption of the decision by the consumer concerning product;

d) any burdensome or disproportionate obstacle which is not provided by the agreement, imposed by the businessman in case the consumer wishes to exercise the contract law, including the right to terminate the agreement or to exchange goods or to address other businessman;

e) any threat of taking measures in situation when those according to the law cannot be accepted. (15) the following commercial practicians Are recognized aggressive any situation:

a) creation at the consumer of impression that he cannot leave the location of the businessman, the agreement will not be signed with it yet;

b) personal visits of housing of the consumer with ignoring at the same time wishes of the last to leave or not to come more, except as specified, when the legislation allows such visits in the set limits for the purpose of execution of contractual commitment;

c) expression of the persistent and objectionable requirement by means of phone, the fax, e-mail or other means of communication at distance, except as specified, when the legislation allows expression of the requirement by use of the specified means in the set limits for the purpose of execution of contractual commitment;

d) the requirement from the consumer, intended to show the insurance policy to execution, submissions of documents which cannot be considered reasonably necessary for establishment of legality of the claim, or systematic concealment of the answer to persistently arriving correspondence with the purpose to induce the consumer to refuse implementation of the contract law;

e) inclusion in advertizing of direct appeal to minors to buy the advanced products or to convince the parents or other adults to buy those;

f) the requirement of immediate or subsequent payment for return or storage in reliable conditions of the product delivered by the businessman, but not ordered by the consumer;

g) accurate informing the consumer that if he will not purchase product or service, the businessman risks to lose work or means of livelihood;

h) creation that he already won, will win against the consumer of false impression or will win if it satisfies certain conditions, award or will receive other similar benefit whereas actually there is no award or other similar benefit or receipt of award or other similar benefit is caused by introduction of certain amount of money or payment of cost by the consumer. Article 102. Competence and the right of the address in connection with unfair commercial practicians (1) For the purpose of the termination and suppression unfair commercial the practician of person or bodies which according to the legislation have legitimate interest can:

a) make the claim in degree of jurisdiction;

b) address to consumer protection Agency for the purpose of adoption by it of the relevant decision or presentation of legal claims against the businessmen performing or capable to perform unfair commercial practicians.

(2) in case of disagreement with contents of the address businessmen shall produce the evidence of incorrectness of the approvals given in the address in connection with the commercial practice performed by them and shall upon the demand of degrees of jurisdiction or consumer protection Agency to provide them the documents confirming groundlessness of approvals. (3) If provided by part (2) documents are not submitted to the reasonable, but not exceeding 15 calendar days time and/or if the submitted documents are recognized insufficient, the approvals given in the address are considered as reasonable. (4) the Competing businessmen can inform National agency on protection of the competition on unfair commercial practicians or make in degrees of jurisdiction claims concerning the businessmen performing or capable to perform unfair commercial practicians. Article 103. Responsibility and sanctions for use unfair commercial the practician (1) Considering all interests and especially public concerns, competent degrees of jurisdiction or consumer protection Agency concerning case:

a) dispose about the termination or initiation of the corresponding processes at law on the termination unfair commercial the practician according to the procedures and powers established by the Code about offenses;

b) dispose about prohibition or initiation of the corresponding processes at law on prohibition unfair commercial the practician even if they still actually were not applied, but it is inevitable, according to the procedures and powers established by the Code about offenses;

c) request provision by Coordination council on television and radio within five working days of the identification these physical persons or legal entities involved in the teleradio advertizing recognized as unfair commercial practice and also the copy of the widespread promotional material.

(2) In case for the purpose of elimination of effects unfair commercial the practician are ordered their termination or will lock, and the resolution/decision of relevant organ took legal effect, the instance which passed the final judgment, or consumer protection Agency can demand from the businessman:

a) partial or complete publication of the resolution/decision in acceptable form;

b) publication of the additional report on the taken measures. (3) Publication according to part (2) it is performed in all cases in widely distributed newspaper at the expense of the businessman. (4) This law does not exclude control from responsible for the code of behavior exercised according to its requirements which businessmen undertook to carry out. (5) Control, provided by part (4), does not exclude and does not limit the right of consumers, public associations of consumers or the right of competitors to address to responsible for the code of behavior, and also the right of consumers or public associations of consumers to address to consumer protection Agency or to competent degree of jurisdiction.".

10. In Article 11: in Item a) shall be replaced with words the words "wrongful acts" "unfair commercial practicians"; add Article with the Item b 1) of the following content: "b 1) familiarity with the text of the agreement which he intends to conclude;".

11. Add Article 12 with part (6) the following content: "(6) the Seller of product of long-term use in case of the termination of the activities in the field shall report the obligations on possibility of use of products of long-term use throughout the entire period of operation during warranty period to other physical person or legal entity which becomes his successor.".

12. In Article 13: in part (the words "or replacements" shall be replaced with words 11) "or replacement or return of cost"; part (to recognize 14) invalid; part (to add 15) with the offer: "Non-presentation of refusal in the time established by the legislation is considered silent refusal.".

13. Add Article 16 with parts (5) and (6) the following content: "(5) Upon completion of works the contractor draws up the acceptance act of works which is signed by the consumer with clauses or without them. (6) Rendering services in content and repair of structural elements of residential buildings is obligation of managing directors of the respective houses and is performed on the rates established as appropriate.".

14. In Article 20: part (to add 1) with the offer: "The text of information and the size of letters shall be easily readable and recognizable for the consumer."; part (to state 5) in the following edition: "(5) Sellers and contractors of services shall inform consumers on selling price of product and on the price of unit of measure of product (when it is possible) or on rate for the rendered service, to provide to consumers all provided in part (3) information, data on assessment of conformity, if necessary technical documentation which shall accompany product or service."; part (to add 10) with the offer: "The regulations on procedure for specifying of goods prices, offered for sale to consumers, affirm the Government.";

part (to add 12) with the offer: "Uniform format and structure of information panel of the consumer are established by consumer protection Agency and are placed on its web page.".

15. In Article 21: consider the operating part part (1); add Article with part (2) the following content: "(2) Education (education) of consumers is part of the training program.".

16. In Article 22: to state the name of Article in the following edition: "Article 22. The bodies of the central public management equipped with functions on consumer protection"; parts (2) and (to state 3) in the following edition: "(2) the Central industry body of public management responsible for development of state policy in the field of consumer protection, is the Ministry of Economics which performs the following main functions in the field of consumer protection:

a) coordinates and advances policy of the state in the field of consumer protection;

b) provides development of the legislation in the field of consumer protection, including by entering of provisions of the corresponding European directives into the national legal system;

c) coordinates activities of the bodies of public management equipped with functions on consumer protection stipulated in Article 23;

d) coordinates activities for informing and education of citizens about their rights as consumers;

e) will organize activities of Coordination council in the field of consumer protection - consultative body which part representatives of bodies of the central and local public authority, public associations of consumers are;

f) represents the Republic of Moldova in the international organizations for consumer protection. (3) the consumer protection Agency performs the following main functions:

a) implements policy in the field of consumer protection together with the central industry bodies of public management, bodies of local public authority, the equipped corresponding functions, and public associations of consumers;

b) considers and makes project proposals of legal or other regulations in the field of consumer protection concerning production, packaging, labeling, preserving, warehousing, transportation, import and sale of products, concerning rendering services so that they could not do harm to life, health or safety of consumers or to cause damage to their rights and legitimate interests, and also concerning rules of implementation of business activity;

c) participates in cooperation with the domestic and foreign organizations and organizations in implementation of internal and international programs in the field of consumer protection within the competence according to the legislation;

d) will organize activities for informing, consultation and education of consumers about their legitimate rights;

e) cooperates with public associations of consumers for the purpose of informing consumers on their legitimate rights and methods of protection of the rights;

f) informs consumers on the products and services representing risk for their health and safety and also about the unfair commercial practicians able to cause damage to their economic interests;

g) exercises control of observance of provisions of the legislation in the field of consumer protection, the technical regulations and other regulations determining mandatory requirements on safety of products and services, control of compliance of the products and services delivered on the market to the established and/or declared requirements, except for control of observance sanitarnogigiyenichesky and veterinary sanitary standards producers of foodstuff;

h) performs sampling of the products delivered on the market for laboratory analyses and testing in accredited laboratories;

i) exercises legislative metrological control, including metrological supervision of observance of provisions of legal and other regulations by legal entities and/or physical persons in the field of legislative metrology;

j) represents periodically to the Ministry of Economics and the interested bodies of the central public management reports and reports on own activities in the field of consumer protection and about results of supervision of the market;

k) establishes offenses, considers cases on offenses and imposes penalties according to the Code about offenses;

l) makes decisions on remedial action, replacement, to return of cost inappropriate product, service, reduction of their price according to Article 13, which are subject to execution within no more than 14 calendar days from the date of obtaining by their business entity;

m) the practician makes the decision on the termination unfair commercial;

n) the practician makes the decision on prohibition unfair commercial even if they still actually were not applied, but it is inevitable;

o) requests information on the measures for elimination of the revealed shortcomings taken by business entity;

p) informs the licensing body and/or bodies of local public authority on identification of cases of realization of counterfeited (counterfeit) and/or dangerous products or on identification of other violations for the purpose of suspension or cancellation of the license, permission to placement and functioning or certificates on assignment of category;

q) informs conformity assessment bodies based on the violations revealed by it or based on the data received from consumers or public associations of the consumers, on discrepancy delivered on the market of the products and services accompanied with the certificate of conformity;

r) considers claims of consumers for the purpose of protection of their legitimate rights;

s) protects the rights and legitimate interests of consumers stipulated by the legislation means;

t) provides to legal entities and physical persons specialized consultations in the field of consumer protection;

u) carries out other tasks established by the legislation in the field of the activities."; add Article with parts (4) and (5) the following content:" (4) Regulations on the Agency on consumer protection, and also Regulations on procedure of activities for supervision of the market affirm the Government. (5) For coordination of activities for consumer protection the order of the Government creates Coordination council in the field of consumer protection, which:

a) promotes promotion of policy of the state in the field of consumer protection;

b) participates in development of short-term and long-term national programs for consumer protection;

c) coordinates the activities in the field of consumer protection performed by bodies of public management the equipped functions on consumer protection;

d) participates in the course of harmonization of the national legal system with the European Union law in the field of consumer protection;

e) coordinates activities for implementation and realization of provisions of the legislation in the field of consumer protection;

f) coordinates activities for consideration and permission of claims of the consumers exceeding limits of competence of one separate body or lifting problems of general nature which can have negative effects for society, with involvement of specialists from different areas.".

17. In Article 25: to state the name of Article in the following edition: "Article 25. Public associations of consumers"; in part (2): Item and) to state in the following edition: "a) make claims in degrees of jurisdiction in protection of the rights and legitimate interests of consumers without payment of the state fee;"; in Item e) to exclude the words "and to send relevant proposals on improvement of quality of products, services to bodies of public management and business entities"; in Item g) shall be replaced with words the words "for the purpose of application of stipulated by the legislation sanctions;" "or the products, services threatening life, health or safety of consumers about illegal conditions of agreements and unfair practicians of businessmen in relation to consumers;"; add part with Items m) and n) the following content: "m) perform activities for informing and consultation in the field of consumer protection;

n) represent consumer interests in the course of mediation in case of the conflict resolution between the consumer and the seller/contractor."; add Article with parts (3) and (4) the following content:" (3) the Programs, projects and activities for informing consumers offered by socially useful public associations of consumers can be financed by the state based on the law if these associations:

a) act exclusively on behalf and in consumer interests;

b) are economically independent of producers, importers, distributors and sellers. (4) the Procedure provided by part (3) financings is established and affirms the Ministry of Economics performing monitoring of use of the financial resources allocated for the purpose of informing consumers. Criteria for scoping of financing are:

a) amount and number of the publications distributed for the purpose of consumer protection;

b) frequency of holding information campaigns for consumers;

c) number of the claims made in degrees of jurisdiction in consumer protection;

d) ownership of consulting bureau or the direct phone line for consultation of consumers covering at least one third of administrativnoterritorialny units.".

18. In Article 26: in part (1) "legal" to exclude the word; part (to add 2) with the offer: "Consumers are exempted from payment of the state fee in claims in consumer protection.";

add Article with parts (5) and (6) the following content:

"(5) Consumers and business entities for the purpose of the dispute resolution, concerning consumer protection, can voluntarily begin the procedure of mediation as alternative method of the dispute resolution. (6) the Procedure of mediation in case of the dispute resolution, concerning consumer protection, is regulated by the law.".

19. In Article 28: consider the operating part part (1); add Article with part (2) the following content: "(2) Consideration of offenses and assignment of punishment for offenses in case of violation of this law are performed according to the procedures and powers established by the Code about offenses.". Art. III. - Item and) parts (1) Article 85 of the Code of civil procedure of the Republic of Moldova No. 225-XV, from, on May 30, 2003 (2003, No. 111-115, of the Art. 451), with subsequent changes, to add the official monitor of the Republic of Moldova with the subitem of the following content: "-about consumer protection;". Art. IV. - Part (3) article 11 of the Law on electronic trading No. 284-XV of July 22, 2004 (2004, No. 138-146, of the Art. 741), with subsequent changes, to add the official monitor of the Republic of Moldova with words ", and also for use unfair commercial the practician.". Art. V. - In the Code of the Republic of Moldova about offenses No. 218-XVI of October 24, 2008 (Official monitor of the Republic of Moldova, 2009, No. 3-6, of the Art. 15), with subsequent changes, to make the following change and addition:

1. Part (Article 344 to add 3) with Item d) the following content: "d) use by the businessman unfair commercial the practician (fraudulent and/or aggressive), distorting or capable it is essential to distort economic approach of the average consumer whom these practicians mention or to whom they are directed, or mean of any group in case commercial practicians are directed to certain customer group, attracts imposing of penalty on officials in the amount of 50 to 100 conventional units and on legal entities in the amount of 100 to 200 conventional units with removal in both cases of the decision on the termination or you will lock unfair commercial the practician.".

2. State Article 408 in the following edition:

"Article 408. Consumer protection agency

(1) the Offences provided by Articles 84, 278-281, 344-348, are established and considered by consumer protection Agency.

(2) protocols has the right to State offenses and to constitute the director of the Agency on consumer protection, his deputies, and also the chief state inspectors and the leading state inspectors.

(3) to Consider cases on offenses and the director of the Agency on consumer protection and his deputies has the right to impose penalties.".

Ст.VI. - (1) This law becomes effective since January 1, 2012.

(2) the Marine life protection act of the rights of consumers No. 105-XV of March 13, 2003, with the subsequent changes including brought by this law to publish repeatedly in the Official monitor of the Republic of Moldova with renumbering of Articles, parts and Items. Art. VII. - To the government in six-months time from the date of publication of this law to bring the regulations into accord with it.

 

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