Reznik R.S. Choice of law protection of consumer rights in the European Union and the Russian Federation

Abstract: This article examines the models of choice of law regulation of contracts involving consumers, while separately studying the model chosen by Russian and European legislators. The work explains the notions of passive and active consumers, and reflects the specificity of contract regulation with participation of both of these types of consumers. Based on the analysis of the norms and doctrines, the author determines a number of practical and theoretical problems, thus raising the issue of possibility of the cumulative application of protective imperative norms of several legal orders. It is yet unclear who initiates the application of imperative norms of the country of residence of the consumer – the consumer or the ex officio court. In addition to that, the author raises the question of exactly which imperative norms are subject to application – only those that directly pertain to consumer protection, or any imperative norms of the consumer’s country of residence. Another practical issue is the need for the professional side to consider and know the legislation on consumer protection of all countries in which they conduct business, which carries additional expenses for small and medium business, forcing it out of the international retail market.

Keywords: