State market surveillance of non-food products in Ukraine: analysis of the decision of the Constitutional Court of Ukraine № 9-r(ii)/2023 dated November 1, 2023 in case № 3-53/2022(126/22)

Abstract

The article analyzes the problem of state market supervision of non-food products in Ukraine. Problematic aspects of administrative and economic responsibility for putting into circulation products that do not meet the established requirements are considered. The decision of the Constitutional Court of Ukraine No 9-р(ii)/2023 of November 1, 2023 in case No 3-53/2022(126/22) and the separate opinion of the judge of the Constitutional Court of Ukraine G.V. Yurovskaya were analyzed on this issue. It is noted that strengthening consumer protection and improving quality control and safety of products and services are important tasks for any country, including Ukraine. And the creation of an effective legislative mechanism that guarantees consumer rights and determines the responsibility of enterprises for the quality and safety of products stimulates the development of entrepreneurship and competitiveness in the market, which in turn helps to improve the investment climate and ensures a balanced development of the economy. The process of improving legislation on the protection of consumer rights is considered. It has been proven that legislative changes in this area were aimed at reducing corruption risks in the field of monitoring compliance with requirements for the quality and safety of products and services, and the increase in fines for product distributors who did not provide the necessary documentation for supplier identification was aimed at creating economic conditions at which it will be unprofitable to trade products without proper documents. Attention has been drawn to the possibility of establishing absolutely defined and (or) non-alternative sanctions in acts of public legislation in the case when the subject of law enforcement is a government body other than a court. A balance between clarity of sanctions and flexibility in their application has been proven to help ensure fairness and efficiency of the legal system.