Liability for Violation of Consumer Rights in Uzbekistan

The modern development of a market economy presupposes the strengthening of the role of the consumer as a central participant in economic relations. Ensuring the legal protection of consumers has become one of the state’s top priorities. In the Republic of Uzbekistan, relations in the field of consumer protection are regulated by the Law “On Protection of Consumer Rights” dated April 26, 1996, No. 221-I (as amended). A special place in this legislation is occupied by the institution of liability for violation of consumer rights, which serves as a guarantee mechanism for the implementation of the rights granted by law.

According to the Law, liability for violation of consumer rights arises in both property and moral dimensions. The Law expressly prohibits the inclusion in contracts of terms that infringe upon consumer rights (Article 21) and establishes the obligation to compensate for property and moral damages when legal requirements are violated.

The liability of business entities (manufacturers, sellers, service providers) is of both public-law and private-law nature: on one hand, it manifests through state sanctions, and on the other, through obligations towards individual consumers.

Property Liability

1.1. Compensation for Damage

Article 20 of the Law provides that damage caused to the life, health, or property of a consumer as a result of defects in a product (work, service) must be compensated by the seller, manufacturer, or service provider. This right extends to any victim, even if they are not in contractual relations with the liable party.

1.2. Obligation to Remedy Defects

When a product is sold with defects, the consumer has the right to demand:

• replacement of the product,
• elimination of defects,
• reduction of the purchase price, or
• termination of the contract with reimbursement of losses.

In case of delay in fulfilling these obligations, the law provides for the payment of penalties (fines) in favor of the consumer (Articles 14–16).

Compensation for Moral Damage

The institution of compensation for moral damage (Article 22) plays a particularly important role. The Law stipulates that moral damage caused by the violation of consumer rights is subject to compensation if the violator is at fault. Compensation is awarded independently of any property damage. The amount is determined by the court, ensuring a balance of interests between the parties and judicial control over fairness of compensation.

State and Public Liability

In addition to property and moral liability, the Law provides for state protection of consumer interests (Article 23). Public authorities, including the courts, ensure compliance with consumer rights and monitor the activities of business entities.

Authorities responsible for the release and circulation of unsafe goods and services include the health, environmental, and veterinary authorities, among others (Article 12). Their liability is of a public-law nature and is implemented through a system of supervision and control.

Judicial Practice and the Importance of the Liability Institution

In the context of developing market mechanisms in Uzbekistan, judicial practice is becoming increasingly significant in enforcing consumer protection norms.

The recovery of losses and moral damages, collection of penalties, and invalidation of contract terms infringing upon consumer rights all shape a law enforcement practice that encourages fair business conduct.

Liability for violation of consumer rights is a key element of the mechanism for protecting consumers’ interests. It is comprehensive, combining property, moral, and public-law forms of enforcement. An effective liability system ensures a balance of interests between manufacturers, sellers, and consumers, promotes the formation of civilized market relations, and enhances public trust in state institutions.

Thus, the legislation of the Republic of Uzbekistan, by establishing a multi-level liability mechanism, provides a solid legal framework for effective and genuine consumer protection.

Types of Liability for Violation of Consumer Rights in Uzbekistan

Type of Liability	Description	Legal Basis	Features of Application
Property Liability	Compensation for losses, harm to life, health, and property of the consumer; elimination of product (work, service) defects; product replacement; refund; payment of penalties (fines)	Arts. 13–20 of the Law	Applies to all victims, even in the absence of contractual relations; multiple claims may be combined
Penalty (Fine)	Payment of sanctions for delay in delivery, defect elimination, or service performance	Arts. 12¹, 14–16, 19	From 0.5% to 1% of product/service value per day (or hour) of delay; does not exempt from actual performance
Invalid Contract Terms	Recognition of contract terms infringing upon consumer rights as invalid with compensation for resulting losses	Art. 21	Prohibits the imposition of additional goods/services; unfair terms are excluded from the contract
Moral Damage Compensation	Compensation for non-material harm caused by violation of consumer rights	Art. 22	Determined by the court; awarded regardless of property damage
State Liability	Supervision and control over product/service safety; withdrawal or prohibition of hazardous goods	Arts. 12, 23	Manufacturers, sellers, certification bodies, and public authorities bear responsibility; enforced through administrative measures
Collective (Public) Protection	Protection of consumer rights through consumer associations	Arts. 4, 23	Public organizations may appeal to courts and authorities to defend consumer interests