COMPARISON OF THE NOTIONS OF LACK OF GOOD AND DEFECT PRODUCT
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
This article examines current legislation and legal doctrine in order to establish a systematic approach to the definition and comparison of such notions as goods, products, defective products and lack of goods, services, and work with the aim to improve current legislation in the field of liability for damage caused by defective products. Ensuring production and sales of high-quality and safe products within the country is one of the most important tasks of the state. This is determined by the need to ensure the human right to safe and high-quality products, to increase the competitiveness of goods, etc. One of the ways to ensure this is a clear and balanced legal regulation of relations in the area of responsibility for the damage caused by defective products and defects of goods, works (services). At the moment, the legal regulation of the institute of responsibility for the damage caused by defective products and the shortcomings of goods, services, works, in our opinion, requires a profound reform, which, in turn, should begin with a well-formed conceptual framework. Today, the current Ukrainian legislation in the area of responsibility for the damage caused by defective products does not have a unified and systemic conceptual framework, which, in our opinion, violates the principle of legal certainty. This problem especially deepened after the adoption of the Law of Ukraine “On Responsibility for Damage Caused by Defective Products” on May 19, 2011, № 3390-VI (hereinafter referred to as Law № 3390–VI) that introduced the concept of “products” and “defect in production”, regulated the mechanism of compensation for damage caused by defective products. At the same time, the Civil Code of Ukraine (hereinafter – the CC of Ukraine) regulated the procedure of compensation for losses caused by defects of goods, services, works, using the concepts of “goods” and “defect of goods”. The presence of this problem leads to the fact that the injured party cannot always effectively protect its rights and bring the perpetrators to justice for damage caused by defective products. The solution to this problem necessitates both theoretical reconsideration and practical solution.
Authors and Affiliations
Д. О. Черкасов
Keywords
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