Chagina E.M., Sisoev Y.E. —
Administrative and criminal liability for violation of consumer rights in the legislation of the Russian Federation and the Republic of Belarus: a comparative legal study
// Legal Studies. – 2024. – ¹ 9.
– P. 38 - 56.
DOI: 10.25136/2409-7136.2024.9.71826
URL: https://en.e-notabene.ru/lr/article_71826.html
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Abstract: The Russian Federation and the Republic of Belarus are members of a number of integration associations, such as the Eurasian Economic Union and the Union State, membership in which implies the convergence of national legal regulation in a number of areas in order to create the legal foundations for the functioning of the single economic space. This applies, among other things, to the harmonization of legislation in the field of consumer protection. However, it must be borne in mind that the protection of consumer rights is carried out not only by private legal means, but also by public legal means. This raises the issue of the need and possibility of harmonizing the provisions of national legislation establishing criminal and administrative liability for violation of consumer rights. In addition, a comparative analysis of the norms of criminal and administrative legislation of the two countries in this area is also of interest because it allows us to compare different approaches to regulating public liability for violation of consumer rights and take into account the relevant experience of legal regulation of another country in the development of national legislation. The authors use comparative legal, formal legal methods, the method of analysis and interpretation of normative legal acts as the main methods. As a result of the study, it is concluded that at present, full harmonization of the provisions of national criminal legislation and legislation on administrative offenses establishing liability for violation of consumer rights is not necessary. During the development of national legislation, the experience of another State may be taken into account, but first of all it is necessary to rely on the state of national legal regulation in the field of consumer protection. The conclusion is also substantiated on the formation of different approaches to the establishment of public liability in two countries: if in the Russian Federation the main emphasis is on measures of administrative and legal impact, which led to the development of provisions of legislation on administrative offenses and the decriminalization of a number of acts infringing on consumer rights, then in the Republic of Belarus the legislator proceeds from the need for wider application measures of criminal legal impact, while administrative and legal regulation is fragmented.
Chagina E.M., Lubyannikova A.S. —
Evolution of legislation on administrative liability for violation of consumer rights
// Administrative and municipal law. – 2024. – ¹ 4.
– P. 1 - 15.
DOI: 10.7256/2454-0595.2024.4.71588
URL: https://en.e-notabene.ru/ammag/article_71588.html
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Abstract: Comprehensive protection and protection of consumer rights is impossible only through private legal remedies. In this regard, administrative liability for violation of consumer rights plays an important role in ensuring an adequate level of protection of citizens' rights guaranteed to them by the Law on Consumer Protection. The current Administrative Code of the Russian Federation contains a number of provisions that establish administrative liability for violation of consumer rights. However, these norms could not remain unchanged since the adoption of the Code in 2001, and have undergone a serious evolution over the past more than twenty years.
In this paper, the authors investigate the process of improving the provisions of the Administrative Code of the Russian Federation on administrative liability for violations in the field of consumer protection. The methodological basis of the research consists of both general methods (analysis, synthesis, logical method, etc.) and special methods of cognition (for example, the method of analysis and interpretation of normative legal acts). For the first time, the paper attempts a comprehensive study of the process of improving legislation on administrative liability for violation of consumer rights, analyzes the prerequisites for such changes, trends in judicial practice.
As a result of the study, the authors substantiate the conclusion that the development of norms establishing administrative liability for violation of consumer rights is inextricably linked with the improvement of civil law regulation of relevant legal relations. It should also be noted that in recent years, the strengthening of regional integration within the Eurasian Economic Union has had a serious impact on this process, expressed in the adoption by the Board of the Eurasian Economic Commission of advisory acts setting guidelines for the harmonization and improvement of legislation of the EAEU member states in the field of consumer protection and protection.
Chagina E.M., Chamina A.A. —
Administrative liability for violation of legislation in the field of consumer protection: on the issue of determining the object of the offense
// NB: Administrative Law and Administration Practice. – 2024. – ¹ 3.
– P. 1 - 15.
DOI: 10.7256/2306-9945.2024.3.71550
URL: https://en.e-notabene.ru/al/article_71550.html
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Abstract: The issue of separating administrative offenses in the field of consumer protection into a separate category, as well as the inclusion of certain types of administrative offenses specified in the current Code of Administrative Offenses, is actively discussed in the scientific literature. At the same time, determining whether a particular administrative offense encroaches on the rights of consumers has not only theoretical, but also practical significance, especially when it is necessary to determine the statute of limitations for bringing to administrative responsibility.
The article analyzes various types of administrative offenses committed both in the field of entrepreneurial activity and in other areas of public relations, in order to determine exactly how these violations affect legal relations with the participation of consumer citizens. The purpose of the study is to identify specific types of administrative offenses that harm civil law relations with consumers that are actually protected by law, as well as their differentiation from violations that, although they do not have a direct impact, nevertheless entail negative consequences for the state of protection and protection of consumer rights. The authors use both general scientific methods, such as logical, analytical methods, and special methods of cognition, in particular, the method of analysis and interpretation of normative legal acts. According to the results of the study, the authors substantiate the conclusion that it is necessary to differentiate administrative offenses in the field of consumer protection in a narrow and broad sense, which is currently not done in the doctrine. Administrative offenses in the field of protection and protection of consumer rights in a narrow sense should be understood only those that directly infringe on consumer rights. In a broad sense, this group should include both administrative offenses that have civil law relations with the participation of consumers as an object, and violations that encroach on other groups of public relations, but have or may have as a consequence a negative impact on relations with the participation of consumers.