Area Of Consumer Protection Research Articles

On the issue of consumers’ rights protection in Ukraine during the period of military situation

In this article, the authors analyzes the current practical condition of consumer rights protection in Ukraine during the period of military situation, вecause one of the peculiarities of consumer relations is that they are inherent in any period of society’s existence, despite the influence of external factors of its development. The purpose of the article proposed for scientific comprehension is to analyze the current practical status of consumer rights protection during military situation in Ukraine. In order to obtain reliable results reflecting the real status of affairs regarding the peculiarities of consumer protection in Ukraine during military situation, it is advisable to use a number of methods, namely: specific sociological method to reflect the practical situation of consumer rights protection, statistical method to analyze the available practical data, formal legal method to clarify the legislative provisions on the issue in question, and synthesis method, which provided a comprehensive view of the specifics of the current legal status of consumer rights protection in Ukraine. It is emphasized that despite the special period, consumers have the same rights and obligations as in peacetime. Due to the introduction of restrictive legislation after February 24, 2022, the State Service of Ukraine on Food Safety and Consumer Protection is partially deprived of its direct functional responsibilities, but provides advice on alternative ways to protect consumer rights, where the main actors are the courts, the National Bank of Ukraine, the State Tax Service, and the Commissioner for the Protection of the State Language. It is also emphasized that, given the actual circumstances, the use of alternative ways to resolve the issue of protection and compensation is not always possible due to various obstacles (lack of communication with the business entity, inability to establish its actual address, improper examination, etc.). It also provides statistical data (850 requests have been processed) on the number of requests for public information in the area of consumer protection. The largest number of requests for public information were relate to ecology and environmental pollution, food safety and veterinary medicine, and providing copies of documents on food safety and veterinary medicine. At the end of the scientific article, the authors presented the relevant conclusions about practical condition of consumer rights protection in Ukraine during the period of military situation. Key words: consumer, protection of consumer rights, military situation, state supervision, control, alternative ways of issues solving, State Production and Consumer Service, statistical data, factors of complexity of protection.

An Examination of the Concept of Good Faith in Consumer Contracts

‘Good faith’ is a concept that is recognized as one of the general principles of contract law in many legal systems around the world. It is a concept found within common and civil law traditions. In every legal system, Good faith has not just one but many meanings, as well as an unusual capacity to acquire expanded and altogether new meanings. Despite the numerous connotations of the concept of good faith, it has been given an essential role in consumer contract law. It is one of the tests that determine unfairness in consumer contract. The work examines good faith as an instrument that controls unfair terms in consumer contract in the German and English legal systems. The application of good faith in Germany and United Kingdom to consumer contract indicates that good faith in this context is not an artificial or technical concept. There is a dearth of academic scholarship that examines good faith as a criterion to test unfairness in consumer contract in Nigeria. The discourse would be of immense benefits to Nigeria jurisprudence in area of consumer protection. Keywords: good faith, consumer contract, Germany, United Kingdom, Nigeria DOI: 10.7176/JMCR/85-05 Publication date: April 28 th 2022

Beyond 1973: UK Accession and the Origins of EC Consumer Policy

AbstractThis article examines the role of the accession of the UK in the development of the European Community's consumer policy. It will show that British accession boosted the development of EC consumer policy by influencing the European Commission's 1975 programme for consumer and information policy and by providing the Commission with political legitimation for developing its new consumer policy. Beyond accession in 1973, British membership in the EC contributed to the eventual prioritisation of an economic model of European consumer citizenship over competing approaches that favoured consumer protection in the EC from a social policy rationale. This historical examination reveals long term tensions between the UK’s preference for market liberalisation and the creation of the common market, on the one hand, and attempts to safeguard national regulation, on the other – tensions which would resonate throughout the UK's membership of the EC/EU and beyond the area of consumer protection.

Some Implications of the Development of E-Commerce on EU Tax Regulations

E-commerce has progressed within Europe before, on the basis of the pre-pandemic raise, with COVID-19 determining an explosion of its evolution. The European e-commerce market is very important, linking together more than 500 million consumers. This paper presents the results of assessing the guidelines and trends observed in the European regulatory process in the current period, when e-commerce is developing appreciably, studying the applicable legal norms and their effects on facilitating the control of remote payments. Compliance with the VAT (value-added tax) regime is addressed in the context described by the two important categories of active legal rules: the rules for consumer protection and the rules related to ensuring data protection. The investigation of the legal framework in this regard started from the presupposition that the necessary changes in regulation for facilitating e-commerce are capable to determine indirect changes in many aspects of financial rules and taxation. While analyzing the regulation of online trade, the various measures undertaken recently in respect to European sources of law and their implications for national legal framework opened additional directions of investigation. This paper points out the indirect effect of e-commerce development on the regulatory framework, both in the area of consumer protection and in line with the difficult balance between the right to information and protection of data. The fiscal effects of e-commerce payments and the challenges for the value-added tax regime are also addressed, both from a theoretical point of view and with input from the Court of Justice of the European Union’s jurisprudence. The analyzed documents show that, in this respect, the legal reform will go deeper and will continue with the rhythm of the development of the online activities.

Contagious endowment effects across transactions

Purpose The endowment effect is arguably one of the most robust phenomena documented in economics, behavioral decision theory and consumer research. However, the endowment effect has traditionally been studied as a fairly static phenomenon at the transactional level of analysis. Design/methodology/approach This paper documents this “contagious” endowment effect using lab experiments and such field data as eBay transactions and discuss the managerial implication of these findings. Findings This study suggests that the endowment effect is not limited to the level of the specific object, but can manifest itself with the more abstract class of objects to which a specific object happens to belong. Research limitations/implications A logical next step would be to examine the boundary conditions – how similar does the subsequent object have to be for the endowment effect to transfer over to it? A related aspect would be whether there are boundary conditions arising from the quality of the endowment. Practical implications The effects reported here probably underlie the success of the many types of “bait and switch” schemes that have been used by the more unsavory type of marketer. As such, these findings might have implications for policy in the area of consumer protection. Originality/value This paper argues for and presents evidence consistent with the notion that the endowment effect is dynamic and can be transferred from one transaction to another and refer to this generalization of the endowment effect to other, similar products as “contagious endowment.”

Legal regulations of the consumer protection in Ukraine with regard to Ukraine’s obligation of adaptation to the EU legislation

Since 2014 Ukraine has been implementing the EU–Ukraine Association Agreement in its domestic legal system and facing a lot of challenges introducing European rules and practices into the country’s daily life. The area of consumer protection is one of the most challenging fields due to the cross-cutting nature of consumer protection and its high relevance for all stakeholders: the state, businesses, and consumers. Reforming the Ukrainian consumer protection system and policy is one of the key tasks for the Government of Ukraine. These changes will affect almost the entire population of the country, but – as presented in this article analysis demonstrates – the progress in adjusting Ukrainian legislation in this field to the level needed to correspond to the European standards is moving rather slowly. The author concludes that a comprehensive and well-balanced consumer protection policy model instead of constant amendments to the consumer rights legislation needs to be developed in Ukraine with the proper consideration of the interests of businesses, the state and, first of all, the consumers. Amending the consumer rights legislation does not mean automatically the improvement of the consumer protection level in the country, especially in the situation, when the efficiency of the developed remedies and protection mechanisms depends on wider reforms in judiciary and executive branches in the state.

Consumer protection in drug policy: The human rights case for safe supply as an element of harm reduction

The dramatic increase in overdose mortality in North America since 2000 and spikes in harmful drug use in other parts of the world in recent decades challenge drug policy-makers to broaden their definition of harm reduction. Ensuring access to a safe supply of drugs for those obtaining adulterated drugs from illegal markets must be an essential element of preventing overdose and reducing the harms of overdose. Safe supply initiatives, including but not limited to the provision of legally regulated medical-grade heroin or hydromorphone in humane and non-stigmatizing ways, are well justified by the state obligations to protect the right to life and the right to health. Such initiatives go beyond established harm reduction measures that may protect against infectious disease transmission but do not address the problem of toxicity of drugs obtained from unregulated illegal markets. It is argued here that the safe supply obligations of governments with respect to psychotropic drugs are analogous to other state responsibilities in the area of consumer protection and extend to all people using any kind of psychotropic substance. Safe supply measures, as with all health and harm reduction programmes, must be designed, implemented and evaluated with meaningful participation of people who use drugs.

Gaps and opportunities: The rudimentary protection for “data-paying consumers” under new EU consumer protection law

Recent adjustments to consumer protection law have played a significant role in the strategic steps taken by the EU in attempts to adapt EU law to the digital economy and to the rising importance of data and data markets. The Directive on certain contractual aspects concerning the provision of digital goods and digital services stands out in its unequivocal recognition of business models that rely on data as contractual counter-performance and of the need to protect (also) consumers who “pay” with data instead of money. This article analyses the novel provisions of the Directive and assesses its impact specifically on data-paying consumers within the broader context of recent EU legislation in the area of consumer protection and data protection. The article identifies some gaps in the legislative scheme and possible opportunities for domestic laws and courts to fill these gaps for granting effective protection to such consumers.

The United Nations Guidelines for Consumer Protection: Legal Implications and New Frontiers

The United Nations set a milestone in the development of consumer law when it adopted the United Nations Guidelines for Consumer Protection in 1985 (UNGCP), establishing for the first time a set of international consumer law principles. Since then, with the emergence of the digital era, the landscape has experienced dramatic changes, and consumers have been facing an expanding range of global challenges, especially in the financial services sector. To reflect this changing landscape, new provisions were added by revised Guidelines in 1999 and again in 2015, which included recommendations on good business practices, financial protection and e-commerce. However, the Guidelines are only soft law provisions, as they are not legally binding on Member States. The question therefore arises of how effective they can be in promoting consumer law at the national and global levels. This article will argue that a comprehensive international consumer law framework is essential in the current context, and that there has been some advancement towards this since the adoption of the Guidelines. However, while the United Nations is playing a unique role in promoting an inclusive and broad consumer protection approach, it sometimes lacks the legal powers and resources to ensure the full effectiveness of its Guidelines. The article thus examines the evolution of consumer protection at the international level, assessing the legal landscape and key players in the field. It outlines the increasing involvement of the United Nations in the area of consumer protection, analysing the core features of the revised Guidelines and their implications, and concludes by suggesting avenues for future development.

Consumer legal protection in the EU

Consumer protection is a very wide-ranging issue and needs to be given due attention. It concerns the safety of consumers in the environment of individual countries of the world, it concerns the consumer safety of certain groups, such as the European Union. The basic frameworks of consumer protection are set by the guidelines of world organizations - the UN, WHO, but also the European Union and individual member states. In the area of consumer protection, attention is paid to major health problems caused by unsuitable food, such as food scandals, various types of diseases - mad cow disease, swine fever, covid 19.

Специфики на административно-правната защита на потребителите (Specificities of the Administrative-Law Consumer Protection)

In the report is made a normative analysis of the administrativelaw procedures for consumer protection. The public law regime of protection of the consumer rights results from their public significance and the need of protection by the state of the vulnerable side (consumers) in this type of relations. Based on the normative analysis are made conclusions and summaries concerning the application of the legal regulation in the area of consumer protection through the prism of the administrative law.

НОВА ПРАВНА РАМКА ЗА АДМИНИСТРАТИВНО СЪТРУДНИЧЕСТВО МЕЖДУ ДЪРЖАВИТЕ-ЧЛЕНКИ НА ЕС ЗА ПОВИШАВАНЕ НА ЗАЩИТАТА НА ПОТРЕБИТЕЛИТЕ (New Legal Frame for Administrative Cooperation Between the EU Member States for Increase of the Consumer Protection)

Bulgarian Abstract: В доклада са анализирани новите тенденции в областта на защитата на потребителите с поставен акцент на административното сътрудничество между компетентните органи на страните членки на ЕС. На база на нормативния анализ се правят изводи относно приложението на нормите в националното ни право и се отправят препоръки. English Abstract: The report analyzes the new tendencies in the area of consumer protection with accent put on the administrative cooperation between the competent organs of the member states of the EU. Based on the normative analysis are made conclusions about the application of the norms in the national legislation and are made recommendations.

International Consumer Law: What Is It All About?

Increasing effort has been invested in the internationalization of consumer law. Some of the recent huge global consumer law–related scandals (e.g., Dieselgate, Facebook) demonstrate the rising relevance of and the need for international consumer law. This paper argues that the efforts towards the internationalization of consumer law should focus, first, on the establishment of globally accepted minimum standards of consumer protection (as it has been done through the United Nations Guidelines on Consumer Protection) and, second, on the development and facilitation of cooperation as a necessary prerequisite for the efficient protection of consumers (as it has been initiated by the International Consumer Protection and Enforcement Network), rather than on the harmonization of substantive consumer law. This is not only because coordination among diverse countries in the area of consumer protection is easier to achieve in practice through a policy approach rather than substantive harmonization, but also because coordination in practice is an instrument that, as it stands now, is capable of providing a higher level of protection to consumers than substantive harmonization.

Establishing Consumer Confidence in E-Commerce: A Review of the Legislative Framework in the European Union

The growth of e-commerce in any jurisdiction cannot be divorced from the confidence of consumers in the system. Lack of confidence in the system can be directly related to ambiguity surrounding consumer rights, where there is a perceived lacuna in the law. To boost confidence in the system, especially in the area of consumer protection and clarity in consumer rights, certain underlying issues must be addressed. The question on whether EU legislation provides sufficient clarity and protection for consumers reveals the existence of many inhibitions in online transactions that affects consumers’ confidence. The aim of this article is to examine to what extent, extant laws addresses these issues affecting consumer confidence and consumer protection. This article will focus on how certain EU legislations responds to these inhibitions. Major issues plaguing consumer confidence as pointed out by the EU include but not limited to rising cybercrime, low trust in networks, lack of digital literacy and skills shall be analyzed in this Article.

Alternative Cross-Border Consumer Dispute Resolution

The development of private international law and international civil proceedings law in the area ofconsumer protection does not solve completely the problems faced by the weaker party when makingcross-border consumer contracts. Conflict rules and jurisdiction rules are addressed primarily to thenational court, but for economic reasons, consumers rarely seek protection of their rights in court if thecase is related to the legal orders of several countries. The solution of this problem lies in the developmentof more flexible, rapid and inexpensive way to resolve disputes out of court. The examination of theEU Directive on Alternative Dispute Resolution leads to conclusion that it only sets basic standardsfor the out-of-court consumer dispute resolution industry, but contains no specific procedural rules. Inaddition, the article provides a critical view of the EU Regulation on the online dispute resolution: Webplatformfor the consumer disputes resolution, created on its basis, has very limited functionality andessentially performs only mediation, facilitating the consumer to find the national alternative disputeresolution agency but not exercising proper arbitration of consumer disputes. Great hopes are vestedin the UNCITRAL Rules on Online Dispute Resolution, under development: in addition to the principlesand standards this document contains specific procedural rules. It is noted that the UNCITRAL Ruleswill be an important addition to the Regulation on online dispute resolution. However, in view of theuniversal international character of the UNCITRAL Rules, as a soft law act, they can be used not onlyin the European Union, but also in all other countries, where the law provides for the possibility ofonline dispute resolution. As an example of the successful online platform for the settlement of low value disputes the author analyzes the experience of the Chinese e-commerce portal. A study of itsOnline Transactions Dispute Rules confirmed that in comparison with the procedure for resolving suchdisputes at the state courts, online arbitration is a faster and more effective alternative.

Transposition of the Directive 2011/83/EU on consumer rights - A challenge to national legislators

Abstract: In the area of European contract law legal area most affected by the process of harmonization, and consequently the process of revision is the area of consumer protection. Because in the last few decades most intense legislative activity is manifested in the adoption of consumer directives. Transposing consumer directives member states have recognized the opportunity of their own economic development, since the improvement of trade is only possible if consumers enjoy the same rights no matter where in the territory of the European Union conclude contracts . This paper is focused on new horizontal instrument of European consumer law, Directive 2011/83/EU on consumer rights. Directive 2011/83/EU is a pioneering step towards building a coherent European consumer protection law, and in this light will be indicated the problem questions that arise in the process of harmonization of regulation Member States with Directive 2011/83/EU, keeping in mind the maximum harmonization clause. Also critically will be considered the process of harmonization of positive legislation with the Acquis in the field of consumer protection.

IN SEARCH OF PERFECTA: THE CONUNDRUM OF INCORRECTLY PRICED GOODS UNDER THE CONSUMER PROTECTION ACT 68 OF 2008

In spite of the sea change over the past sixty-odd years in the way we shop, from a personal interaction with the local shopkeeper to a cashierless self-checkout, and the billions of transactions that take place daily in stores and supermarkets around the world, there is a dearth of legal precedent regarding the legal mechanics of these transactions. This is particularly so as far as determining the very important practical issue of at what point the sale is perfecta (irrevocably concluded) is concerned. For example, a consumer receives a catalogue from a well-known store in which a flat screen television is advertized on special for R599. Well knowing that such television sets are normally sold for over R6000 the consumer rushes off to purchase a set only to be faced with a large sign which reads as follows: “Unfortunately the advertised price was incorrect, the correct price is R5 999. We apologise for the inconvenience.”A slightly different scenario is where the consumer is only informed of this mistake after she has removed the television set from the shelf and taken it to the cashier who proceeds to ring up the price of R5 999. When the consumer points out that this is not the advertised price the cashier informs her that a mistake was made and that in fact R5 999 is the correct price. Is there a point in time when the supplier, despite a mistake, may be bound by the advertised price? (The purpose of this article is to consider the point in time when the contract is regarded as perfecta. The scenario set out above may also constitute bait-advertising. This is an issue which we intend to consider in our next article.) It is against this backdrop that we attempt to provide some guidance to those who are obliged to comply with the provisions of the Consumer Protection Act, relating to displayed prices.In doing so, we shall consider the extent to which the Roman-Dutch-based common law has been influenced by English Law in this area of consumer protection. Reference will be made to the principles of the common law regarding the formation of a contract (particularly the point at which the contract comes into effect), quasi consent and mistake as well as relevant foreign precedent. We shall then deal with the changes brought about by the CPA.

A glance at unfair terms in consumer transactions in Arab legal systems and Islamic law: what Arab lawyers can learn from the European experience?

The first decade of the 21st century demonstrated significant legal activities in the area of consumer protection in many Arab legal systems. The declared objectives require breaking down the use of unfair terms in market transactions. Islamic law, a legal base of these legal systems, provides many guidelines and general rules that can, directly and indirectly, get over the use of these terms. This paper will discuss the issue of to what the extent the rules of Arab regulations deal with the use of unfair terms in consumer transactions. It will compare it with the European Directive on Unfair Terms in consumer contracts and determine how the Directive can be adopted by the Arab countries without violating the general principles of Islamic law. To recommend the implementation of the European measures in Arab legal systems, it is important to detect the supporting and contradicting points in the Arab legal systems, including Islamic rules.

Information Content of Magazine Advertising in Turkey

ABSTRACT The information content of advertising in Turkish magazines, based on the 14-item scale developed by Resnik and Stern, is examined in the study. The database of the study is the 1,743 advertisements from sixteen consumer magazines published in Turkey between the years 1996–2004. The results show that 92.0% of the advertisements are informative in terms of providing one cue or more, and the average cue per advertisement is 2.24. Availability, characteristics or contents, benefits or performance, variety and quality are the most frequently used cues. Significant differences were observed between product categories and magazines in terms of degree of informativeness. A great majority of the products related to consumers' health were found to contain less information than other product categories and information on safety and guarantees or warranties, which have higher information value in the area of consumer protection, received very low emphasis.

Consumer Protection in Islam: The Case of Pakistan

Consumers whether in an Islamic State or otherwise face similar problems that need to be taken care of by the government and the individuals themselves. Islam as a religion gives a comprehensive framework for conducting business and protecting the consumers' rights. Apparently, this framework seems similar to the commercial laws but glaring differences between the two exist: commercial laws are a relatively new phenomena and are made by humans for the sake of convenience only. Islamic law on the other hand, provided such guidelines 1500 years ago which are based on divine principles set by Allah. Moreover, there is no reward in complying with the commercial laws but Allah promised the believers rewards both in this world and the Hereafter for complying with Islamic principles. Pakistan is an Islamic State but the area of consumer protection has remained neglected so far. This paper explores how an environment can be created in Pakistan whereby the interests of consumers are best protected under the teachings of Islam. The Qur'anic principles are delineated with reference to: guidelines for Muslim businessmen and consumers; the role of state and institutions.