К вопросу о применимости защиты гражданских прав на основе платформенных решений в обороте лекарственных препаратов

Abstract

The article substantiates to break the dominance of administrative legal forms of protection by introducing platform tools in the applicability of civil legal forms of consumer protection. The key problems of the pandemic relate to the production of new vaccines as socially important commodities, where their quality and safety as guarantor of public health are regulated by a set of legal norms. Asked about useful public effect of public defense to restitute of civil rights to the medicines available, about the law risks of the dominance of restrictions and fiscal penalties, where public consumer defense dominates in the Coved crisis; the predictability of the limits and consequences of public law restrictions. The judicial analysis proves that there is no legislative mechanism of the civil-law property on the sale of drugs as "consumption of goods". By interpreting the features, identified, that the civil-law mechanism is applicable to contractual legal relations on the provision of information services on the use of medicines and consumer protection representation services; the administrative-law mechanism is applicable to the " the consumption" of drugs. Analysis the judicial practice reveals an administrative application measures to restitute legality, where is a dominance of fiscal function, which creates a risk to defending rights and failing, so balance private and public law. Conclusions have relevance to develop of civil legal relations based on technological digital tools of online and web-based e-commerce of medicines to applicant the alternative forms of defense and remedy for consumers' civil rights.