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CONSUMER SOCIETY AND CITIZEN NETWORKS
A joint initiative of the European Union and United Nations Development Programme |
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Approved by participants
COOPERATION STRATEGY FOREWORD Subject to mandatory EU requirements (such documents as European Agenda 2000, Social Europe as a Priority for Future EU Agreements, etc.) concerning involvement of the civic sector (nongovernmental organisations) in the National Development Plan, and relevant international agreements to which Ukraine is a party, the State Committee on Technical Regulation and Consumer Policy (Derzhspozhyvstandart) of Ukraine lays the ground of modern approaches to development of an efficient consumer policy on consumer rights and interests. Guided by
aiming at
the principles presented below are defined as basic ones for the strategy of interaction between Derzhspozhyvstandart of Ukraine and civil society organisations. BASIC PRINCIPLES The principle of balance of interests between the major stakeholders of market relations: the State, business, and the consumer. This principle is important for efficient development of social relations under market economy conditions. The State creates a legal framework and supervises compliance with laws. According to international and European practices, consumers' nongovernmental organisations should be involved in requirement-setting in legislative acts, standards, and other regulations. The State Committee on Technical Regulation and Consumer Policy (Derzhspozhyvstandart) of Ukraine is a public authority empowered and responsible, inter alia, for exercising public supervision over compliance with legislation on consumer rights protection, functional regulation, and state policy shaping in this field. Business develops, supplies to the market, and incurs responsibility for quality and safety of, goods and services, as well as for provision of consumers with complete and reliable product information. The consumer (natural person) , on the one hand, is a central figure of the above-mentioned relations and, on the other hand, is mostly in a disadvantaged position with regard to representatives of the State and business. Such imbalance of positions forces the world community to recognise certain consumer rights – to satisfaction of basic needs, information, consumer education, free choice, quality and safety of goods and services, healthy environment, compensation and the right to be heard – and to create a state system for protection of these rights. The principle of providing state support to consumers' nongovernmental organisations subject to full maintenance of independence in operations of civic associations. This principle is applied in many developed economies and democracies, and is important for securing legitimate consumer rights by the State, in particular concerning activities of associations. Best European Union practices show high performance in the society's behalf achieved by many established consumer organisations created by governments and receiving systematic financial assistance from the State for decades. At the same time, the State recognises independence of such organisations and does not interfere into their activities. The principle of mandatory consideration of consumer interests in governmental decision-making. Adhering to this principle provides grounds for securing authority of state decisions in society and for supporting them by civic associations on the way to creation of a civil society, in particular, for public involvement in state policy-making on consumer rights and interests. The European perfection model puts satisfaction of consumer needs on the first place, ahead of such criteria as profit, business processes, etc. An efficient state policy on consumer rights protection is able to affect consolidation of interests of various Ukrainian regions, alleviate social tension, and promote the process of economic interests' domination over political ones. The principle of social dialogue between the State and the civic sector (civic organisations, COs) on consumer rights protection. The ability of public authorities to “hear the consumer's voice” can become an effective tool, some kind of indicator, in determining the most urgent needs and expectations of the society, priorities of the state policy on consumer rights protection in a certain stage, and areas for direction of budget resources. Considering also Derzhspozhyvstandart's role in Ukraine as a leading body in the field of standardisation, metrology, and certification, its influence upon production, trade and services industry, which determine consumption safety and quality, is important for the DSSU's better interaction with civil society organisations. Civic organisations' activity subjects and specialisation often appear to be an indicator of weaknesses and out-of-date approaches in state policy; taking such “signals” into account may become certain assistance to DSSU for improvement of a state policy on consumer rights protection as well as for saving some time to search for ideas and appropriate mechanisms to implement them practically. The principle of proactiveness in state policy-making and activities on consumer rights protection. This principle envisages a proactive nature of measures to prevent any violation of consumer rights and to take appropriate steps for protection of the rights. Considering the experience accumulated in Ukraine on consumer rights protection, it is important to focus on proactive approaches to compliance with consumer rights and interests. This will allow releasing substantial state resources spent on recording and responding to numerous violations of consumer rights, and enable directing them to public awareness and consumer education through application of modern technologies and the most efficient forms of work. In the context of protection of violated consumer rights, the proactive approach principle can also be used to increase the number of conflicts resolved through pre-trial examination, considering that judicial examination of most consumer-related cases is not efficient in the current stage. Efficient mechanisms of pre-trial examination and successful and expedient settlement of conflicts with consumers include, in particular, mediation that is widely used in some regions of the country – Odesa, Donetsk , etc. The principle of joint actions by governmental and civic structures in building barriers to unfair business practice. The principle of joint DSSU-CO actions is important for the development of a social atmosphere rejecting unfair business practice pursued by business circles both towards consumers and in terms of undermining authority of the state policy on consumer rights protection, as well as for the creation of particular mechanisms of counteraction to unfair practices. An important condition to secure efficient counteraction to unfair business practices consists of increased activity of consumers themselves, which can be achieved, in particular, through involving civic organisations in processing and spreading of information on results of checks conducted by state inspectorates and control bodies. Search for and application of particular mechanisms to notify the population on consumption risks will correspond to the best European and world practices, in particular: on danger and improper quality of products on the consumer market, consumer satisfaction (dissatisfaction) study, fairness of agreements with consumers, support for codes of ethics and consumer- friendly practices on the part of business representatives, etc. The principle of transparency and openness of the state policy and of appropriate actions on consumer rights protection. The principle of transparency and openness is a precondition for building and enhancing society's confidence in the socio-economic policy pursued by the State, including consumption, quality of people's life, convergence with European and world standards. Stronger interaction between DSSU and civic sector entities will allow speeding up dissemination of transparency and openness practices because working experience of many nongovernmental organisations with an independent status allowed them to approach, to a certain degree, the openness of actions being a value of democratic society. Among the mechanisms widespread in the EU and world community, broadly used are “black” and “white” lists of manufacturers (service providers) that are valid both in the global market network and on the regional and local level. Often, such transparency of information influences those, who disregard consumer rights, even stronger than fines and other forms of penalty. Following the principle of transparency and openness will allow improving the legislative framework on consumer rights protection in a better way as well as extending search for and creation of efficient procedures for consideration and satisfaction of consumer expectations and complaints. The principle of healthy consumption taking interests of current and future generations into account. Facilitating healthy consumption as a substantial component of a healthy lifestyle is an important element in maintenance of strategic national resources. The state policy on consumer rights protection, particularly protection of the right to satisfaction of basic needs, safe and quality consumption, safe environment, should initiate and support in the society a priority of health of the nation through development of consumer awareness and education. Awareness-raising and educational/outreach activities of civic organisations as well as significant experience of such work among civil society organisations is an important resource for implementation of the state policy to the benefit of consumers. Models of informed consumption, a friendly “consumer-environment” link, family budget planning, etc., are able to work for consolidation of people and involvement of young generations in actual projects in the interests of the State, with taking economic benefit for one and all into account. The principle of the lower-link priority in decision-making and working on the local level. This is an overarching basic principle, important for the development of local initiatives in accordance with community needs on the city, district, and settlement levels. Considering local specificity in topical and timely decision-making on the local community level as part of social dialogue between relevant public authorities and civic sector is an indicator of real implementation of the democratic principles proclaimed in Ukraine . One of the particular mechanisms, which are important for the consumer community in towns and settlements, can be introduction of an authorised representative (local ombudsman) on consumer rights protection into a corresponding public authority's staff. Enshrining such a provision as an mandatory statutory requirement is able to significantly enhance the potential of compliance with and protection of consumer rights at the local level and become a proof of democratic achievements. CONCLUSIONS The principles stated above are not comprehensive. They may be developed and enhanced in accordance with changes in the country's current situation on human rights and interests, raising consumer awareness and legal conscience, development of civil society organisations and community approaching to standards of a law-based and democratic state, and revision of priorities on the road of the nation's socioeconomic development and integration into the European and world system. Analysis of the current situation Ukraine 's socioeconomic development on the road to the European and world community pursuant to established international and EU standards assumes interaction between public authorities and civic organisations, in particular, on consumer rights and interests. Derzhspozhyvstandart of Ukraine implements a state policy in the field of standardisation, metrology and certification, as well as on consumer rights protection. The Committee's tasks also include securing intersectoral coordination and functional regulation of the above-listed issues. In Ukraine, absence of proper attention on the State's part to services and works that represent an important part of products in the consumer market, and lack of development of standardization in this area cause a large number of consumer rights violations exactly during provision of services and performance of works, and, therefore, increases the amount of complaints and appeals concerning protection of citizens' legitimate rights. Another important aspect of the industry of services in Ukraine consists of model agreements (accords, contracts) with consumers that fail to comply with the principle of equality of the parties and impose unfair conditions on customers unilaterally. A significant role of product standards for consumers is often nullified because of the spread of technical specifications (TS) of goods and food products where manufacturers not only establish higher requirements than in state standards of Ukraine (SSTU) but also, supported by a public authority responsible for registration of normative and technical documentation, hide TS from consumers, motivating their stand by a “commercial secret”. Such products are progressively expanding in the domestic consumer market and violating consumer rights. This also breaks a market principle according to which consumer demand determines and influences market supply. In reality, a consumer has to buy what the market offers. After amending and supplementing the Law of Ukraine on the Consumer Rights Protection in 2005, Article 28 of the new wording of the law specifies powers of local governments concerning consumer rights protection. This novelty aims to enhance delegation of powers from a central body to the local level. As of early 2008, departments for consumer rights protection under local authorities have been established in ________________ cities, and authorised persons for consumer rights protection have been acting in ______________ cities (lists attached). At the same time, as practice shows, the number of working units and/or authorised persons at the local level, including also towns, settlements and rural area, is not sufficient or they are absent at all. Consumers are left face to face with numerous problems and are not able to realise their legitimate rights as well as utilise the state protection in case their rights are violated. Civic organisations operating in the field of consumer rights and interests are often separated both with each other and in relations with public authorities, which results in dissipation of resources and inefficiency of actions. Joining efforts of authorities and the public in this area is a pressing necessity of time, considering also difficulties with insufficiency of financial resources. Numerous civic organisations (NGO, CSO), activities of which are related to upholding consumer rights and interests, are in most cases not consolidated that is a result of both internal problems of the NGOs themselves and external factors: lack of real support from the State and local authorities, temporary nature of grant support, unwillingness of the business sector to implement social programmes for the benefit of consumers, etc. Article 42 of the Constitution of Ukraine and Article 24 of the Law of Ukraine on the Consumer Rights Protection declare that the State supports activities of consumer associations. It is time to proceed to creation of particular mechanisms for implementing the state obligations in practice. Nongovernmental organisations' initiatives generally reflect current and prospective needs of the society – consumer community – and outstrip legislation change dynamics because they are linked to realities of people's life and to the current state of affairs in the consumer market. Among NGO activity areas, independent consumer testing is important. This work focuses on unbiased and competent assessment of consumer qualities and safety of goods and services. Results of testing are disseminated through mass media and public events to inform consumers and help them make a right choice in the market. Almost every government of the East European countries – the Czech Republic, Slovenia, Poland, Bulgaria, Estonia, Lithuania and others – included works on consumer product testing and notification of society on testing results as well as other works in a governmental contract with civil society organizations. Such involvement of new states in application of best European standards is a guiding sign for Ukraine . Derzhspozhyvstandard's database, which is created on the basis of results of the committee's implementation of control functions concerning safety and quality of goods and services in production, trade network and service industry, can be used by the NGOs for broad dissemination of relevant information among consumers who should know and be warned about possible hazards to their health and life. Such initiatives were repeatedly proposed by NGOs to relevant state bodies, and such potential is able to provide results to both parties of social dialogue. The EU policy in the consumer sector has focused during recent years, inter alia, on development of social dialogue as a priority area of partnership between the state and civic organisations.
LEGAL BASICS “The State shall protect consumer rights, control quality and safety of products and all types of services and works, facilitate activities of consumers' civic organisations”, - The Constitution of Ukraine, Art. 42 “To protect their legitimate rights and interests, consumers shall have the right to unite into consumers' civic organisations (consumer associations). The State shall support activities of the consumer associations”, - The Law of Ukraine on the Consumer Rights Protection, Art. 24 “A specially empowered central executive authority on consumer rights protection and its territorial bodies in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol shall exercise public supervision over compliance with legislation on consumer rights, and secure implementation of the state policy on consumer rights protection”, - The Law of Ukraine on the Consumer Rights Protection, Art. 26
“The citizens' right to freedom of association shall be an unalienable human right enshrined in the Universal Declaration of Human Rights and guaranteed by the Constitution and legislation of Ukraine . The state shall facilitates development of political and social activity, citizens' creative initiative, and shall provide equal conditions for activities of their associations” , - The Law of Ukraine on Citizens' Associations, Preamble
Measures for implementation of the strategy for 2008-2015
Criteria for selection of civic organisations as partners for public authorities and local governments
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 © 2006-2007 Consumer Society and Citizen Networks. |
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