Chagina E.M., Larin E.N. —
Civil liability for violation of consumer rights in the legislation of the Russian Federation and the Republic of Belarus: on the issue of harmonization of legislation
// Law and Politics. – 2024. – ¹ 9.
– P. 130 - 144.
DOI: 10.7256/2454-0706.2024.9.71600
URL: https://en.e-notabene.ru/lpmag/article_71600.html
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Abstract: The construction of a single economic space and the implementation of a coordinated economic policy in the Russian Federation and the Republic of Belarus predetermines the need to harmonize legislation on consumer protection, which follows from the provisions of the Treaty on the Establishment of the Union State in 1999 and the Treaty on the Eurasian Economic Union in 2014, as well as the Protocol on the Implementation of a coordinated policy in the field of consumer Protection. To date, the legislation of the two countries with close economic and legal ties is characterized by certain differences, the analysis of which is of interest both from the point of view of the science of comparative law, and in order to borrow the best practices of legal regulation and identify further ways to harmonize and unify the legislation of both states. The methodological basis of the work consists of both general (analysis, synthesis, logical method, etc.) and special methods of cognition (comparative legal method, method of analysis and interpretation of normative legal acts). The work examines the provisions of the current national legislation on consumer protection of the Russian Federation and the Republic of Belarus, the existing achievements in the process of harmonization of the legal systems of the two countries. At the same time, much attention is paid to the influence of the provisions of international treaties on these processes, as well as advisory acts adopted within the framework of regional integration associations, which determines the scientific novelty of the study. As a result of the study, the conclusion is substantiated that today the legislation of the Russian Federation and the Republic of Belarus in the field of consumer protection is characterized by a fairly high degree of harmonization of norms on liability for violation of consumer rights. At the same time, achieving the integration goals set out in the Treaty on the Establishment of the Union State, as well as the Treaty on the Eurasian Economic Union, requires the continuation of the process of mutual harmonization of legislation.
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.