Злоупотребление правом со стороны потребителя: постановка проблемы и поиск ее решения

Abstract

Balanced relations between retail market participants largely ensures the competitiveness and stability of the entire Russian economy. Hence, the state pays close attention to consumer protection issues. But, like any sphere of civil law regulation, relations with the participation of consumers are inherently abused, including by the consumers themselves. This article proves in both practical and theoretical aspects that consumer dishonesty is a significant legal problem. The solution of this problem requires not only systematic change in the current legislation, but also a broad public discussion. After all, the modern legal consciousness of the consumer is perceived exclusively as the weak counter party. It is obvious that in such conditions it is a difficult task to realize the existence of this problem and even more so to take real steps to solve. Nevertheless, one cannot remain idle. Consumer abuse of right, being an independent form of abuse of subjective civil right, has its own specifics related to the role and legal status of participants in the legal relations under consideration, so there is an objective need for legislative consolidation of this concept, with which the fight against this kind of behavior should begin.