SPECIFICS OF THE NON-JURISDICTIONAL FORM OF COSTUMERS’ RIGHTS PROTECTION UNDER THE TREATY ON PROVISION OF SERVICES
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
In the article it was carried out the characteristic of the non-jurisdictional form of protection and the possibilities of its application in the legal relations that come out from the treaty on the provision of services with the consumer’s participation. For understanding of the jurisdictional form of consumers’rights protection under the treaty on the provision of services it was highlighted in the article the doctrinal approaches to the forms of protection of the subjective civil law and their division. It was analyzed the realization of the non- jurisdictional form of protection through self-defense, it was investigated the notion of self- defense as actual and legal acts. It was allocated the conditions for the application of self- defense by the consumer, if his rights, stipulated by the treaty on provision of services will be violated. It was evaluated the concept “actions of the actual character” and “measures of operational influence” within the framework of self-defense, it was made the comparison of the above concepts within the framework of protection of the consumer’s rights under the treaty on the provision of services. It was defined the possibility of applying the measures of operational influence in the legal relations that has come out from the treaty on the provision of services with the consumer’s participation, stipulated by Part 3 of Art. 10 of the Law of Ukraine on “Consumer Protection Act”. It was justified the expediency of assigning mediation to a non-jurisdictional form of consumer’s rights protection under the treaty on the provision of services. It was characterized the possibility of applying mediation in case of violation of the terms of the treaty on the provision of services by the performer (the person who provided the service). It was determined the mediation model depending on who acts as a mediator. The bill, which should create the legal basis for the professional mediation in Ukraine, was analyzed, the sphere of application of mediation wass defined in accordance with the bill. It was determined the advantages of mediation in comparison with the jurisdictional form of protection.
Authors and Affiliations
Володимир Ярославович Горблянський
Keywords
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