The dissertation formulates the conceptual bases of civil law remedies for consumer rights protection by application of methods, receptions, and also separate civil legal ways of their protection.
The generalized analysis of a condition of scientific researches and law enforcement practice in the field of regulation of consumer relations is carried out. The comparative aspect of the provisions of the current legislation in the field of regulation of consumer relations and its adaptation to the law of the European Union is analysed.
Peculiarities of application of civil law methods of protection in consumer relations are established. As like as the classification of methods of protection on the grounds and consequences of application on: 1) preventive-ceasing violations and 2) compensatory.
The legal status of participants of consumer relations is investigated. Among these, the greatest attention is paid to the legal status of the consumer. The legal status of the latter is seen as a system of powers granted to consumers by law, which is a complex institute. The other party in consumer relations is the producer, the seller.
The consumer enforces subjective civil rights at his own discretion within the limits established by the contract, acts of civil legislation. Rights and obligations under Art. 4 of the Law «On Consumer Protection»» are transformed into subjective civil rights and obligations based on legal facts: the conclusion of a consumer contract, the property harm and moral damage to the consumer.
Concluding a consumer contract, the consumer has the right to: 1) the proper quality of goods, works and services; 2) a product safety; 3) the necessary, reliable and timely information about the product provided to him (works, services), as well as about the subject (manufacturer, performer).
Legal relations with the consumer participation can be considered in two aspects: a) contractual legal relations arising between the consumer and the entrepreneur (civil contractual legal relations); b) defensive legal relations arising in order to protect the violated rights of consumers.
Analysis of Ukrainian legislation in the field of consumer protection shows a large number of regulations. They cover various areas of law and aim to protect consumer rights. It is necessary to organize a system of norms that would form a legal institute based on complex principles, designed to regulate the protection of consumer rights regardless of the types of consumer contracts.
The legal form of mediation of relations between the seller (producer, executor) and the consumer is the contract. The classification of consumer contracts indicates certain features of some of them. At the same time, in the field of consumer protection, they have common features.
Subjects of consumer contracts, depending on the purpose, may use the contract to formalize one specific obligation or a set of disparate obligations of a consumer nature under one contract or different contracts. In the law of obligations, it is necessary to distinguish a group of consumer contracts with their own characteristics. The consumer contract is correlated with the concept of civil contract as a category of general and special.
A consumer contract is a contract under which one party - an entrepreneur (seller, manufacturer, performer) or a self-employed person, undertakes to sell, manufacture a product (goods), perform work or provide services, for a fee to the other party - the consumer (natural person). The consumer agreement has the characteristics of a public and an accession agreement.
Civil law protection of the rights and interests of consumers is to commit factual and legal actions using the methods of protection under the law or those that do not contradict legislation in order to stop the offense and restore the consumer's position by compensating for tangible and intangible (moral) losses.
The choice of method of protection depends on the content of the violated right and the legal consequences of the violation. In order to effectively protect the rights of consumers, a combination of different civil law protection methods is allowed.
The main provisions of the dissertation research, formulated conclusions and proposals can be used in research, law-making, law-enforcement and in the educational process.
The results of the study were tested at numerous scientific and practical conferences. Recommendations for improving the mechanism of legal protection of consumers were sent for use to entities that monitor the violation of consumer rights.
Theoretical conclusions of the research allowed to formulate proposals aimed at improving the legal regulation of relations with the participation of consumers, to justify the draft provisions of the current Civil Code of Ukraine and the Law «On Consumer Protection».
