Current framework and changes 

In Ukraine the legislative framework for product liability is not codified, and includes various general and product-specific legislative acts. 

The general legal framework for product liability includes the following major laws:

  1. the Civil Code of Ukraine № 435-IV dated 16 January 2003;
  2. the Law of Ukraine “On Consumers’ Rights Protection” № 1023-XII dated 12 May 1991;
  3. the Law of Ukraine “On Liability for Damage Caused by a Product Defect” № 3390-VI dated 19 May 2011. 

The product specific laws regulating matters of product liability are the following:

  1. the Law of Ukraine “On Basic Principles and Requirements for Food Safety and Quality” № 771/97-ВР dated 23 December 1997;
  2. the Law of Ukraine “On General Safety of Non-Food Products” № 2736-VI dated 2 December 2010;
  3. the Law of Ukraine “On State Market Supervision and Control of Non-Food Products” № 2735-VI dated 2 December 2010;
  4. the Law of Ukraine “On Medicines” № 123/96-ВР dated 4 April 1996.

There are also other industry/product specific regulations applicable to product liability. 

The general laws set a basic principle by which a manufacturer (seller, distributor) is obliged to provide  a consumer with products of appropriate quality, to comply with safety requirements and to provide the consumer with accurate and full information about the products that are supplied. In case of harm caused by a defective product, consumers in Ukraine have the right to seek compensation through legal means.

Specific laws regulate matters related to a specific type of products. 

Additionally, Ukraine aligns its standards with the EU regulations, particularly concerning product safety and liability.

1. What are the key changes to Ukraine’s product liability laws following the updated EU directive, if applicable.

The new Law of Ukraine “On Consumers’ Rights Protection” No. 3153-IX was adopted on 10 June 2023. It will come into force upon cancelation of the martial law regime and will repeal the existing law as well as amend a lot of legislative acts. The new law was developed to approximate national consumer protection legislation to the EU framework, including the Product Liability Directive, and to harmonise the consumer protection system in Ukraine with EU, including principles, approaches and practices.

2. Has any specific case law evolved?

No specific case law related to matters regulated by the Directive has evolved.

N/A.