Topilin I.V. —
Comparative legal analysis of consumer protection in the field of trade in the post-Soviet countries
// Legal Studies. – 2023. – ¹ 7.
– P. 12 - 24.
DOI: 10.25136/2409-7136.2023.7.39119
URL: https://en.e-notabene.ru/lr/article_39119.html
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Abstract: The subject of the study is the legal regulation of consumer protection in the field of trade in the post-Soviet countries. The object of the study is the social relations arising from the protection of consumer rights in the field of trade. The author examines in detail the civil law regulation of consumer protection in the field of trade in the post-Soviet countries. Particular attention is paid to the subject matter, subject matter, form, essential terms of the retail sale contract, as well as the seller's pre-contractual obligation, the right to exchange goods of proper quality, unilateral termination of the contract, penalty, etc. When writing the work, the following methods were used: universal systematic method of cognition, comparative legal, formal legal methods, as well as the method of logical analysis of normative legal acts. The analysis of the legislation of the post-Soviet countries shows that the deviation from the principle of equality of participants in relations and freedom of contract on the issue of concluding a retail sale contract was carried out in favor of the consumer by establishing additional guarantees. The degree of deviation from the principle of equality of participants in relations and freedom of contract on the issue of concluding a retail sale contract in favor of the consumer in the post-Soviet countries differs. The legislation of the Russian Federation, to a greater extent than in other post-Soviet countries, establishes guarantees for consumers: the pre-contractual obligation of the seller to provide the necessary and reliable information about the product, the right to exchange non-food goods of proper quality, the right to unilateral termination of the retail sale agreement in the event of the purchase of goods of inadequate quality, the right to a legal penalty, the right to compulsory compensation for moral damage, the establishment of a limited period for satisfying the consumer's requirements by the seller, exemption from payment of state duty and alternative jurisdiction over consumer protection claims, a fine for non-fulfillment of the consumer's requirements on a voluntary basis.
Topilin I.V. —
Comparative legal analysis of responsibility for violation of the legal professional privilege in the Russian Federation and countries of the former USSR
// Law and Politics. – 2017. – ¹ 6.
– P. 1 - 11.
DOI: 10.7256/2454-0706.2017.6.23092
URL: https://en.e-notabene.ru/lpmag/article_23092.html
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Abstract: The subject of this research is the legislative norms that regulate responsibility for violation of the legal professional privilege in the Russian Federation and countries of the former USSR. The object of this research is the content of responsibility for violation of the legal professional privilege in the Russian Federation and countries of the former USSR. The author carefully examines the interconnection between the adopted legislative measures and increased infringement of the legal professional privilege. Special attention is given to the foreign experience of the countries of former Soviet Union in the area of regulating responsibility for infringement of the legal professional privilege. The author formulates proposition on introducing changes into the existing legislation that regulates responsibility form impeding the legal activity of the lawyers. It is underline that despite the implementation of administrative responsibility, takes place the increase in infringement of the legal professional responsibility; therefore, it results in the need for adoption of transformative measures for protecting the lawyers in their legal activity. The author’s special contribution consists in the analysis of legislation of the countries with similar legal regulation, as well as determination of the legislative gap with regards to these countries in the question of regulation of responsibility for impacting the legal activity of the lawyers.