Stankova I. Civil law regulation of consumer rights protection in the sphere of services rendering.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103033

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

13-05-2021

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis is one of the first special complex research on theoretical and practical problems of civil law regulation of consumer rights protection in the sphere of service provision in the domestic science of civil law. There were given the definition of legal relations for the provision of goods and services as a set of norms, of rules that determine the mechanism for the implementation of consumer rights, of the form of legal protection of consumers from possible abuse from manufacturers and suppliers. Models of building consumer legislation were allocated in accordance with the method of settlement the status of consumer rights at the constitutional level and the content of relevant legal norms in the basic laws of states. According to the functional characteristics the subjects that form an institutional system for the protection of consumer rights are divided into: subjects whose activities are related to the legal application and execution of legal regulations; subjects supervising the application of legislation in this area; subjects providing consultations on informing and consumer education. The specifics of contracts for the provision of consumer services in the tourist, financial and housing and communal spheres are determined. The advantages and disadvantages of the individual (individual contract) and the collective (collective agreement) of the formats of the relationship between the suppliers of utilities and their consumers are considered. The question of unjust conditions, which may be contained in consumer services contracts, was investigated. The legislation of the European Union on the recognition of unfair conditions of consumer contracts for the provision of services is considered. It is indicated for the need to disseminate the practice of collective claims to protect the rights of consumers, which are the norm in European countries. Attention is drawn to the fact that guidance clarifications of the highest court of Ukraine for the protection of consumer protection were given for more than twenty years ago, new realities require the formulation of the new positions of the Supreme Court with the aim of the unified application of the legal norms for the protection of consumer rights by the courts of all levels.

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