Summary

The Law of Turkmenistan on Protection of Consumer Rights establishes a detailed legal framework to protect individuals purchasing goods for personal, non-commercial use. When a product is defective, consumers are entitled to specific legal remedies—repair, replacement, refund, or price reduction—ensuring fairness and confidence in Turkmenistan’s marketplace. These consumer rights operate alongside the Civil Code of Turkmenistan, which regulates the general rules of sales contracts and the obligations of sellers and buyers. This article examines the consumer’s rights and remedies in cases of defective goods under the Turkmen legislation, highlighting the intersection between the Law of Turkmenistan on Protection of Consumer Rights and the Civil Code of Turkmenistan.

Keywords

Turkmen legislation; Law of Turkmenistan on Protection of Consumer Rights; Civil Code of Turkmenistan; Consumer Protection in Turkmenistan; Defective Goods; Consumer Rights; Product Liability; Warranty; Repair and Replacement; Refund; Turkmenistan Legal Framework.

Consumer protection against defective goods is one of the fundamental principles of Turkmenistan’s civil and economic law. Under the Law of Turkmenistan on Protection of Consumer Rights (2014), a consumer is defined as a natural person who acquires goods or services for personal or household purposes, unrelated to profit-making. This law therefore applies exclusively to B2C (business-to-consumer) relationships. Commercial transactions between businesses (B2B) remain outside its scope and are regulated mainly by the Civil Code of Turkmenistan.

According to Article 1, a defective product is a product that fails to meet safety, quality, or contractual requirements. In cases of substantial defects, the consumer is entitled to stronger remedies, including contract termination and refund. The Law of Turkmenistan on Protection of Consumer Rights also obliges sellers and manufacturers to ensure product compliance with safety standards and to provide clear information on quality, warranty, and service life.

When a product defect occurs, the law grants the consumer a set of election rights, harmonized with those in the Civil Code of Turkmenistan.

Under Articles 22 and 23 of the Consumer Law, the consumer may:

• demand free repair of the defective product;
• request replacement with a new item of appropriate quality;
• seek a proportional price reduction;
• or withdraw from the contract and obtain a full refund.

Disputes regarding the nature or origin of a defect are resolved through independent expert examination, and the seller must reimburse all related costs if the defect is confirmed.

The Civil Code of Turkmenistan, particularly Articles 384–395, provides the general framework for sales contracts and similarly grants buyers the right to claim repair, replacement, or refund when goods are defective. These provisions apply to all type of buyers, including legal entities. Therefore, while the Civil Code forms the general basis for defect-related liability, the Law of Turkmenistan on Protection of Consumer Rights introduces special legal guarantees for consumers—such as the reversal of the burden of proof, stricter deadlines, and administrative enforcement.

Under Article 27 of the Consumer Law, consumers in Turkmenistan can defend their rights both administratively and through the courts. State supervision is carried out by authorized bodies under the Cabinet of Ministers and the Ministry of Trade. Importantly, consumers are exempt from paying state fees when filing claims. If the seller delays repair, replacement, or refund, the law imposes a 1% daily penalty on the product price. Furthermore, Article 25 provides for full compensation for damages or injuries caused by defective goods, reflecting Turkmenistan’s policy of legal protection for consumers and public safety.

In accordance with Articles 22 and 23 of the Law of Turkmenistan on Protection of Consumer Rights, the time limits for filing claims in relation to defective goods depend on the nature of the defect. For ordinary or minor defects, the consumer may exercise their rights within the warranty period specified by the seller or manufacturer, or—if no warranty is provided—within two years from the date of delivery of the goods. However, in cases of a substantial defect, where the defect significantly impairs the usability or purpose of the product, the consumer may present claims even after the warranty period has expired, provided that the defect resulted from a manufacturing fault confirmed by an expert examination. This rule extends consumer protection to latent or hidden defects that could not have been discovered at the time of delivery. The Civil Code of Turkmenistan (Articles 384–395) follows a similar principle, allowing the buyer to assert claims within a reasonable time after discovering the defect. Yet, while the Civil Code provides a flexible general rule, the Law of Turkmenistan on Protection of Consumer Rights establishes clearer and longer limitation periods, ensuring more effective legal guarantees for consumers.

Conclusion

The Turkmen legislation governing consumer protection establishes a coherent and balanced legal structure for resolving disputes related to defective goods. By integrating the Law of Turkmenistan on Protection of Consumer Rights with the Civil Code of Turkmenistan, the legal system provides consumers with enforceable rights of repair, replacement, refund, and compensation. This framework reflects Turkmenistan’s commitment to fair trade, legal certainty, and public trust in market relations.