RAW REGULATION OF LEGAL RESPONSIBILITY FOR VIOLATION OF CONSUMER RIGHTS: PERSPECTIVES OF DEVELOPMENT
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article is devoted to the coverage of separate issues of legal responsibility for violation of consumer rights. The author focuses on problematic issues of realization of legal responsibility for violation of consumer rights and prospects of its development. It is grounded that civil liability for violating consumer rights is one of the most effective ways of combating such offenses. It should become the most important tool for consumer rights protection. The scope of civil liability is much wider than any other legal responsibility, and its forms and types allow the consumer to protect his violated rights. Every citizen of our country almost every day becomes a consumer. The protection of his rights must be one of the priorities of our state. But, unfortunately, it should be noted that today the violation of consumer rights is a phenomenon quite widespread. And in a difficult economic situation in the country, a permanent moratorium on business inspections, the tendency to fill the consumer market with poor quality and dangerous goods has become widespread. The most widespread procedure for resolving disputes over consumer rights is civil liability. The main feature of a civil offense in relation to a consumer is that, as a result of a socially harmful, unlawful act, it causes damage to its property and personal non-property interests. Therefore, the main purpose of such liability is to compensate the consumer for damage. The form of civil liability for the violation of consumer rights is the indemnification, payment of a penalty, compensation for non-pecuniary damage. Unfortunately, neither administrative nor criminal responsibility in modern conditions cannot provide a reliable and effective protection of consumers’ rights. Exiting this situation is seen in a significant increase in civil liability.Therefore, it is the civil liability for violating the rights of consumers to be the most important tool for the protection of their rights, since it aims at not only restoring the property of the consumer, but also punishing the offender. In addition, the scope of civil liability is much wider than any other legal responsibility, and its forms and types allow the consumer to protect his violated rights. In order to protect consumers’ rights, it would be expedient to extend the scope of the grounds for imposing a penalty. The Law of Ukraine «On Protection of Consumer Rights» is to be supplemented with separate articles, which would regulate relations on damages, payment of a penalty, compensation of moral harm to consumers. This article should, in particular, provide for the full grounds, criteria, order, size, procedure for such reimbursement.
Authors and Affiliations
Л. Д. Менів
Keywords
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