Comparative legal analysis of consumer protection in the field of trade in the post-Soviet countries

Abstract

The subject of the study is the legal regulation of consumer protection in the field of trade in the post-Soviet countries. The object of the study is the social relations arising from the protection of consumer rights in the field of trade. The author examines in detail the civil law regulation of consumer protection in the field of trade in the post-Soviet countries. Particular attention is paid to the subject matter, subject matter, form, essential terms of the retail sale contract, as well as the seller's pre-contractual obligation, the right to exchange goods of proper quality, unilateral termination of the contract, penalty, etc. When writing the work, the following methods were used: universal systematic method of cognition, comparative legal, formal legal methods, as well as the method of logical analysis of normative legal acts. The analysis of the legislation of the post-Soviet countries shows that the deviation from the principle of equality of participants in relations and freedom of contract on the issue of concluding a retail sale contract was carried out in favor of the consumer by establishing additional guarantees. The degree of deviation from the principle of equality of participants in relations and freedom of contract on the issue of concluding a retail sale contract in favor of the consumer in the post-Soviet countries differs. The legislation of the Russian Federation, to a greater extent than in other post-Soviet countries, establishes guarantees for consumers: the pre-contractual obligation of the seller to provide the necessary and reliable information about the product, the right to exchange non-food goods of proper quality, the right to unilateral termination of the retail sale agreement in the event of the purchase of goods of inadequate quality, the right to a legal penalty, the right to compulsory compensation for moral damage, the establishment of a limited period for satisfying the consumer's requirements by the seller, exemption from payment of state duty and alternative jurisdiction over consumer protection claims, a fine for non-fulfillment of the consumer's requirements on a voluntary basis.