Ponomarenko M. Administrative and legal principles of consumer rights protection in the field of advertising

The dissertation provides a theoretical generalization and solves a new scientific task, which consists in determining the essence of the administrative and legal regulation of the protection of consumer rights in the field of advertising. The concept of administrative and legal principles for the protection of consumer rights in the field of advertising is defined. Administrative legal principles should be understood as a set of guidelines (characteristics), means, and methods established in the norms of administrative law, aimed at restoring and protecting the violated rights of consumers as subjects of legal relations in the field of advertising, which require regulation and resolution by the authorized controlling authorities bodies and officials using administrative and legal means. Administrative and legal means of protecting the rights of consumers of advertising are singled out. Under the administrative-legal means of protecting the rights of advertising consumers, it is proposed to consider a set of interrelated acts of the management of state authorities and relevant supervisory bodies, which are entrusted with the functions of control, protection and compliance with legislation in the field of protecting the rights of advertising consumers and bringing violators to the responsibility established by law. The concept and classification of legal regulation in the sphere of protection of the rights of advertising consumers is outlined. The legal regulation of the institute for the protection of the rights of consumers of advertising should be understood as a set of legal norms and means established by the state, enshrined in normative legal acts, with the help of which the legal entities authorized to do so can exert legal influence on social relations in the field of protection of the rights of consumers of advertising in order to resolve legally significant issues. Legal regulation in the sphere of protection of the rights of consumers of advertising must be considered as a system of sources of normative legal acts, which to one degree or another are related to consumers in the sphere of advertising and their protection. One of the peculiarities of legal regulation in the field of protection of the rights of advertising consumers is the fact that they must be considered as a system of sources of normative legal acts, which to one degree or another are related to consumers in the field of advertising and their protection. Conventionally, sources of legal regulation in the sphere of protection of the rights of advertising consumers can be divided into three groups. The first group of legislative acts regulates relations in which the consumer acts as a direct participant. The second group of consumer legislation consists of normative acts regulating relations in which the consumer does not directly participate. The third group of consumer legislation includes laws and regulations regulating means and mechanisms for ensuring consumer rights. The types of subjects of authority in the legal relationship of protection of the rights of advertising consumers are highlighted. Subjects of authority in legal relations for the protection of the rights of advertising consumers include: 1) the Cabinet of Ministers of Ukraine; 2) Derzhprodspozhivsluzhba (State Service of Ukraine for Food Safety and Consumer Protection); 3) Antimonopoly Committee of Ukraine 4) local self-government bodies. However, during the research, it was revealed that the main central body of the executive power, whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine and which implements state policy in the field of consumer rights protection, including in the field of advertising, is the State Service of Ukraine for Food Safety and Consumer Protection. It is proposed to reveal the meaning of the concept of consumer complaint. The author suggests that a consumer complaint in the field of advertising should be understood as a written or electronic appeal by a consumer to state bodies empowered to protect the rights of consumers of advertising or other public organizations, with a demand to restore the violated rights of consumers of advertising and to protect their legitimate interests. The specifics of appealing the decisions, actions or inaction of subjects of authority regarding the submission of complaints by consumers of advertising are disclosed. It has been established that in the normative legal acts on the appeal of the activity of the subject of authority in the field of protection of the rights of consumers of advertising, there is an opportunity to appeal against an illegal decision or inaction of the body that carried out measures to protect the rights of consumers in the field of advertising.The requirements for submitting consumer complaints in the field of advertising are characterized.