Проблемні питання захисту прав споживачів / Problematic Issues of Consumer Rights Protection
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 50, Issue
Abstract
The article is devoted to the coverage of separate issues of consumer rights realization. The author focuses on problematic issues of indemnification to the consumer, payment of a penalty, compensation for non-pecuniary damage. It is noted that protection of consumer rights in Ukraine needs improvement taking into account foreign experience. The implementation of social, economic and political reforms in Ukraine predetermines the need to increase the effectiveness of protecting the rights of citizens, in particular, ensuring the implementation of the duty of the state, stipulated in Article 42 of the Constitution of Ukraine, to protect the rights of citizens as consumers. Today, the market offers consumers a wide range of goods, works and services. Unfortunately as practice shows, consumers increasingly faced with the purchase of inappropriate and other violations of their rights, so protecting consumers' rights plays an increasingly important role. The peculiarity of the civil legal protection of consumer rights is determined by the fact that the problem of consequences of consumption of low-quality goods is rather significant for the consumer. Today, the state protects consumers' rights, provides free access to information on products, obtaining the knowledge necessary for the use of products according to their needs, and guarantees the purchase or receipt of products of the proper quality. However, even the existing state protection of consumer rights does not guarantee compliance with its rights. An effective mechanism for protecting consumers' rights may be compensation for damages caused to them, payment of a fine and compensation for moral damage. Despite the fact that the legislation of Ukraine provides consumers with a wide range of powers regarding the protection of their legitimate rights and interests, it is still difficult to implement them. It is necessary to conclude that there is no detailed regulatory regulation of the institute for damages, payment of a penalty, and compensation for non-pecuniary damage for violating consumer rights. This situation is in relation to determining the amount of damages, types of penalty and their size, compensation for non-pecuniary damage in law-enforcement practice. The problem of the lack of clearly formulated criteria and the general method for determining the amount of damages, payment of a fine and compensation for non-pecuniary damage for violating consumer rights places judicial authorities in a difficult position and creates a field for abuse. Ukraine should study positive foreign experience on this issue.
Authors and Affiliations
Liubov Meniv
Keywords
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