The abolishment of complaint books will not anyhow affect consumer rights or mechanisms for redress of consumer right violations.

This confidence was expressed by Drozdova & Partners Law Firm senior partner Mykhailo Honcharov, who together with SEGONDIA newspaper was looking into the initiative to abolish complaint books at Ukrainian shops, books, and restaurants. The Ministry of Economic Development and Trade has prepared the Cabinet’s draft resolution amending the procedures for trade activities and the rules of service on the consumer goods market.

Consumers will not be left one-on-one against their problem if complaint books are abolished. ‘There are enough remedies today,’ Mr Honcharov says.

Ukrainians may address the State Service of Ukraine for Food Safety and Consumer Protection, the Government’s Hot Line, the State Fiscal Service, local government authorities, or submit a review on the Internet. ‘This is a very effective tool to address an issue,’ Mr Honcharov says. Driven by competition, entrepreneurs themselves are interested in the improvement of their services.

‘In all the EU Member States, except for Poland, there are no complaint books,’ the advocate points out. In the EU, a particular attention is paid to the protection of personal data, while such books are open documents and, therefore, personal data of feedback givers are not protected.

In accordance with Article 4 of the Consumer Protection Act, each Ukrainian citizen may claim compensation for damaged or defective products or services. They may take legal action or complain to other government authorities. In addition, a consumer may write to the director of a relevant establishment. The director is required not only to take measures, but also to notify in writing of the outcome of the complaint consideration.

If that is not the case, the consumer will have every reason to sue. It is of utmost importance to have evidence (photo or video evidence) of a violation. In this case, the State Service of Ukraine for Food Safety and Consumer Protection can assist you. The Service is quite powerful. For example, it can order that a liable shop or restaurant be closed.