Protection Of Consumer Rights Research Articles

КОНЦЕПТУАЛЬНІ ПОЛОЖЕННЯ ВИКОРИСТАННЯ REGTECH-ТЕХНОЛОГІЙ У РЕГУЛЮВАННІ ПРОЦЕСІВ ЦИФРОВІЗАЦІЇ ФІНАНСОВИХ УСТАНОВ

Digitization of the financial services market leads to increased interest of the regulator in the use of innovative digital technologies (cloud computing, blockchain, big data, artificial intelligence, ma-chine learning, etc.) in its activities. RegTech (regulatory technologies) offers significant advantages to organizations in terms of optimizing compliance processes and managing regulatory risks, helps moni-tor and timely take into account changes in current legislation. The main prerequisites for the emergence and development of such technologies are the constant complication of the regulatory field, its high dynamism, as well as the active dissemination of the achievements of scientific and technical progress. The purpose of the article is to analyze the key modern trends in the regulation of the activities of finan-cial institutions in the field of information technology implementation. The conducted research made it possible to single out the following trends: increased attention to data privacy and security; strengthen-ing cybersecurity requirements for financial institutions to protect against data leaks and cyber attacks; development by regulators of a regulatory framework for the regulation of cryptocurrencies and digital assets; research by regulators of ways to manage algorithms of artificial intelligence and machine learn-ing in the work of financial institutions; development by the regulator of recommendations and instruc-tions on the use of cloud computing; introduction of regulatory sandbox regimes in territories for testing new digital financial services in a controlled regulatory environment; ensuring consistent supervision of global financial institutions; deepening of requirements for the protection of consumer rights, etc. The authors come to the conclusion that despite some problems and difficulties in the introduction and use of regulatory technologies, they remain quite relevant and are in high demand on the market. Among the primary tasks facing developers of RegTech solutions, it is worth highlighting the solution to the problems of protecting the confidential data of clients of financial institutions, as well as increasing the transparency of their activities

Analysis on the Problems and Countermeasures of Legal Protection of Consumer Rights and Interests in Internet Platform Economy

Analysis on the Problems and Countermeasures of Legal Protection of Consumer Rights and Interests in Internet Platform Economy

Research on Subject Qualification of Anti-Monopoly Civil Public Interest Litigation

In recent years, with the development of the market economy, the number of illegal monopoly cases is increasing. The new Anti-Monopoly Law of the People's Republic of China (hereinafter referred to as the New Anti-Monopoly Law) was amended on June 24, 2022, in order to better maintain the order of the market economy, crack down on monopolistic behaviors and improve the legal system in the anti-monopoly field. Since then, the anti-monopoly civil public interest litigation system has formally entered the field of anti-monopoly law as a new system. However, the revised Law does not make detailed provisions on the civil public interest litigation system. In terms of the provisions on the subject of public interest litigation, the current law only stipulates that the procuratorial organ is the subject that can initiate public interest litigation, which makes it difficult for some cases infringing on social public interests to be well resolved through public interest litigation. Therefore, this paper will take Article 55 of the Civil Procedure Law and Article 47 of the Protection of Consumer Rights and Interests as the basis point, and briefly introduce the relevant provisions on the subject qualification of the anti-monopoly civil public interest procedure law in foreign jurisdictions. Based on this view, it is necessary for the main body of anti-monopoly public litigation to become more diversified to ensure that the main body of litigation can play substantial effect in judicial practice.At the same time, it is necessary to improve the existing procedures and improve the related supporting subjects' difficulties in providing evidence and the lack of litigation incentives , so as to provide ideas for the improvement of the subject qualification of public litigation in the field of anti-monopoly law.

EUROPEAN MODEL OF LEGAL REGULATION OF COMPETITION: IMPACT OF ORDOLIBERALISM

Article is devoted to the analysis of theoretically and practical aspects of human rights protection mechanisms in cases of violations of competition into the EU. It was determined that the right to fair competition has economic as well as social aspect. The basics of competition protection on the EU level (covered in Articles 101 and 102 TFEU) were rooted from the doctrine of ordoliberalism. The social aspect of the right to fair competition shows consumers the right to receive fair benefits to the domestic market by staying in the equal access to the goods and / or services. The Charter of Fundamental Rights, which, according to the Treaty of Lisbon, is one of the fundamental documents of the EU, confirms this social dimension of the right to fair competition. Article 38 of the Charter states that “the Union’s policies ensured a high level of consumer protection.” This means that one of the objectives of EU competition policy is to protect consumer rights. It should be noted that in almost all cases concerning violations committed by the subjects of competition law, the EU Court of Justice deviated from the issue of the protection of human rights. CJEU jurisprudence in the field of human right violations in competition sphere & the ECHR practice in cases concerning violations of competition (specifically Menarini case) was researched. This case demonstrates the immediate relevance of fundamental rights to EU competition law enforcement.

The problem of protecting consumer rights when applying for a microloan through the Internet

The problem of protecting consumer rights when applying for a microloan through the Internet

Respecting the principles of competition and consumer protection in liquidation sales: a comparative study

This article discusses the most relevant restrictions placed upon liquidation sales to respect the principles of competition, while avoiding involvement in anti-competitive practices, mainly as liquidations involve the reduction of the prices of goods. Additionally, the article discusses the assurances placed when obtaining authorisation for liquidation sales that seek to protect consumer rights, concluding with a description of the research's most important results and recommendations. Its connection and impact not only impact the realm of consumer protection, but are also relevant to the principles of fair market competition. The significant effects on consumers' freedom to exercise their right to choose freely and transparently without any restrictions while laying safeguards to protect consumers within the principles of free market, are also discussed The paper aims is examine the legal framework of liquidation sales in the legal systems of the countries understudy and its impact on consumers interests the precautions and safeguards within the legal systems understudy.

Legal protection for consumers whose certificates are collateralized by the developer

This study analyzes the Consumer Protection law in adequately protecting home buyers at Violet Garden, Bekasi. These consumers are faced with losing their house certificates because they have guaranteed them to a non-pawnbroker bank (Maybank). Finally, the Central Jakarta Commercial Court ruled that the developer was bankrupt because he was unable to pay his debts. The curator invites the buyer to participate in paying off the developer's debt, which amounts to approximately fifty percent of the purchase price. This investigation uses a normative juridical approach, namely a truth-seeking procedure based on the logic of legal studies from a normative point of view. The results of this study are that banks must protect consumer rights and not cause problems that result in material losses experienced by consumers. Consumers can file lawsuits because the parties responsible for this case are PT Bank Rakyat Indonesia Tbk, PT Bank Tabungan Negara Tbk, and PT Nusuno Karya, and the element of tort has been fulfilled. However, currently, there are no regulations that strictly regulate how a house can be sold by a developer so that the state can protect consumers.How to cite item: Mulia, JR., Wahyudi, E., (2022). Legal protection for consumers whose certificates are collateralized by the developer. Jurnal Cakrawala Hukum, 13(3)281-290. doi:10.26905/idjch.v13i3.8389.

COUNTERING THE SPREAD OF THE PANDEMIC OF CORONAVIRUS INFECTION COVID-19 IN MEGA CITIES WITH THE USE OF DRIVING CARS: EXPERIENCE, LEGAL AND ORGANIZATIONAL ASPECTS

COUNTERING THE SPREAD OF THE PANDEMIC OF CORONAVIRUS INFECTION COVID-19 IN MEGA CITIES WITH THE USE OF DRIVING CARS: EXPERIENCE, LEGAL AND ORGANIZATIONAL ASPECTS

Legal regulation of the economic activities of pharmacies in Ukraine

The scientific article is devoted to the peculiarities of the legal regulation of the economic activity of pharmacies in Ukraine. The legislative and by-laws regulating the circulation of medicinal products have been studied. Scientific works devoted to the legal regulation of pharmaceutical activity have been studied. The peculiarities of the economic activity of pharmacies have been determined. A doctrinal definition of a pharmacy has been proposed as a business entity that carries out the wholesale purchase of medicinal products for retail sale to citizens as end consumers.
 It is claimed that the retail sale of medicinal products should occur based on a license if the pharmacy complies with the license terms of such activity. Licensing conditions are established for the pharmacy staff and the equipment on the premises for the storage of medicinal products. Requirements are set for the total area of the pharmacy and the size of the sales hall, staff room, and warehouse space. Attention is drawn to the fact that pharmacy employees must comply with the requirements of legislation on the protection of consumer rights. The subject of trade is specific products, that are medicinal products registered in Ukraine. Medicines must have the necessary manufacturer’s documentation. It is essential to prevent trade in falsified medicines. It has been concluded that several conditions characterize the contract for the supply of medicinal products. In particular, regarding the assortment and quantity of medicinal products, that are transferred to the property and the conditions of storage of medicine during transportation.
 It has been proposed to introduce a number of amendments to the Law of Ukraine “On Medicinal Products”. At the legislative level, it is necessary to regulate the legal status of pharmacies and the peculiarities of the retail trade of medicinal products. It has been claimed that a separate section should be established in the Law of Ukraine On Medicinal Products that would regulate the economic activity of pharmacies. In this section, it is necessary to provide norms that would regulate the conditions for the pharmacy establishment. It is necessary to establish requirements for the pharmacy staff, separate premises, and conditions for the storage of medicinal products. Features of the protection of the consumer’s rights of medicinal products should be established in the legislation by separate norms. Special terms of contracts for the supply of medicinal products should be enshrined in the branch legislation on the circulation of medicinal products.

New Ukrainian Insurance System

The article discusses the new insurance system in Ukraine introduced by the Law of Ukraine On Insurance dated 18 November 2021, which became effective on 19 December 2021 and will come into full effect on 1 January 2024. In 2020 the National Bank of Ukraine became the new regulator of the Ukrainian insurance market and initiated the development of a new regulatory and oversight model in the insurance sector. The article discusses the problems related to the Ukrainian insurance market which are expected to be solved by the new regulation and oversight model. The author presents the most important new solutions introduced by the Law, such as requirements relaed to entering the insurance market, ownership structure, capital , the protection of consumer rights and exiting the insurance market. The article also shows a brief comparative analysis of the relevant provisions of the Law and Directive 2009/138/EC. The author concludes that the new regulations are comprehensive and consumer-oriented, which will help to solve existing problems and build a solvent and competitive insurance market.

Tackling false advertising and strengthening consumer protection in emerging economies

False advertising has many negative consequences for the protection of consumer rights and wellbeing. In emerging economies in particular, false advertising has been widespread across business sectors and products due to inadequate public policy and ineffective law enforcement. Since the COVID-19 global pandemic has spread around the world, people have become more dependent on e-commerce for purchasing goods and services, and the negative impact has become historically high with increasing number of advertising and sales cyber-fakes However, prior studies have not focused on consumers’ perceived deception and information asymmetry in false advertising in general, and the consequent implications for public policy in controlling and eliminating such problems, specifically in emerging economies. This study focuses on the example of China as a leading emerging economy to investigate the relevant issues and contribute to extant knowledge by linking separate paradigms with a new holistic conceptual framework that identifies the key elements of contextual factors, consumers’ perceived deception and information asymmetry, the causes and impacts, and the expected policy implications for further prevention.

Human Rights on the Internet under quarantine (on the example of E-Commerce): problematic aspects

As a result of the introduction of quarantine measures on the territory of Ukraine and abroad, almost all spheres of social life underwent particular changes. This led to certain restrictions on human rights, as a result of which legal science faced the task of finalizing and adapting legal regulation in the field of protection of subjective rights on the Internet to the realities caused by the coronavirus crisis. The purpose of the study is to characte-rize the legal regulation regarding restrictions and protection of consumer rights on the Internet in quarantine conditions. The object of the study is public relations in the spheres of electronic commerce, protection of consumer rights, and human rights on the Internet in general. The subject of the study is social relations that arise during the protection of civil rights on the Internet under quarantine conditions. The research methods were general scientific and special scientific methods such as dialectical, systemic, structural, historical-le-gal, comparative-legal, formal-legal; methods of induction, deduction, analysis, and synthesis. As a result of the research work, a multi-disciplinary review of publications on the subject of study and the conclusions of scholars was carried out; a description of the theoretical and legal framework for regulating the protection of civil rights on the Internet in quarantine conditions is provided; examples of judicial practice are given; issues related to the taxation of activities in the field of Internet trade were analyzed; specific solutions for improving legal regulation are proposed.

STATE REGULATION OF INTERNET BANKING IN EUROPEAN COUNTRIES

The purpose of the study. The purpose of the article is to analyze the state of state regulation of Internet banking in European countries. The subject of the study is the legislation and trends of state regulation of online banking in European countries. The research methodology is based on a comparative analysis of legislation regulating online banking in the EU countries on the example of Switzerland and the UK. The main methods of research are comparative legal analysis, statistical analysis of the development of online banking in the EU countries. Conclusion. The growth of technological innovations in the financial sector and active user demand for financial and technological services have led to the need to develop a regulatory framework for Internet banking in European countries. As a result, the EU seeks to create a single financial space that unites providers and users of Internet banking, so it is constantly improving the regulatory framework. The article defines that the key documents at the EU level for state regulation of online banking are the EU Payment Services Directives (PSD1 2007/64, PSD2 2015/2366, the Reviewed Payment Services Directive PSD2 2021/1230). The main prerequisites for the adoption of the Directive were to create a level playing field for payment service providers, protect consumer rights and increase the provision of payment services by non-banking institutions. It is determined that Directive PSD2 2015/2366 updated the existing legal framework for payment services in the EU and introduced increased requirements for transparency and security. The updated Payment Services Directive PSD2 2021/1230 harmonises business rules for all electronic payment service providers across the EU and creates a tiered authorization regime for non-bank payment service providers such as payment institutions. Commission Delegated Regulation (EU) 2018/389 came into force on September 14, 2019, defining mechanisms for electronic payment transactions and online banking to ensure higher levels of security. The state regulation of online banking is considered on the examples of Great Britain and Switzerland. The Swiss financial sector is one of the most competitive in the world and a leader in cross-border wealth management. It offers a first-class environment for technological innovation and its regulatory system is internationally recognised as exemplary.

Gift Certificate: Problem of Uncertainty of Legal Nature

Currently, there is no clear definition of the legal nature of a gift certificate in Russian law, which is very popular among consumers in retail sales. Due to the fact that the civil law does not regulate the status of a gift certificate, the law enforcement practice does not contain a single approach and does not differ in uniformity, which creates a problem in the protection of consumer rights. The purpose of this article is to analyze the judicial practice and position of the Supreme Court of the Russian Federation on the legal nature of gift certificates, as well as, based on the experience of leading states on this issue, to propose a solution taking into account the specifics of the Russian legal system. To achieve this goal, the following tasks were set: 1) consider the concept of a gift certificate; 2) analyze the positions that determine the function of a gift certificate on the example of foreign experience, individual contracts and judicial practice; 3) analysis of the position of the Supreme Court of the Russian Federation on the recognition of a gift certificate as a form of advance payment; 4) establishment of a range of problems related to the legal nature of the gift certificate and the issues arising from it, as well as putting forward its position on solving this problem. When writing this article, such methods of scientific research as the system method, formal-legal and comparative-legal methods, as well as methods of synthesis, analysis, induction and deduction were used. The results of this research were the range of issues to determine the legal nature of a gift certificate and hotel developed by the authors for solving problems, taking account of the specific characteristics of gift certificates.

Fraud Risk in Peer Lending Fintech Transactions: The Role of Consumer Protection Regulation in Indonesia

Fintech P2P Lending has caused many complaints from its consumers. This study discusses how consumer protection regulations can reduce fraud from the P2P Lending platform. This study uses a normative research method using a legal approach and a case approach. The population used in this study were P2P customers. This study analyzes the problem with a legislative concerning consumer protection and financial services authority regulation about information technology borrowing and borrowing services. Data collection used primary legal materials in the form of laws and secondary legal materials obtained from library studies in the form of literature. The researcher applies a qualitative data analysis method. The results of this study are one of the key factors in protecting consumer rights derived from various regulations related to the supervision and supervision system carried out by the government. The government should do more education and outreach to the public regarding the fintech peer to peer lending platform and the formation of the Investment Alert Task Force. The study and formulation of government regulations must be balanced with the speed of technological change and digital transformation by involving practitioners so as not to harm each other. Synergy between stakeholders (collaboration), law, surveillance, and data protection can reduce the risk of illegal P2P platform practices. Coordination and synergy between policy makers and stakeholders will greatly facilitate handling in regulating the P2P Lending platform so as not to cause overlapping regulations that cause new problems.

Comparative Study on Legal Certainty of Consumer Protection Regarding E-Commerce Transactions, Between Indonesia, India and the United States

In both conventional and electronic buying and selling agreements, the protection of consumer rights should be the main concern of business actors. Although there are already regulations governing consumer protection, until now there are still frequent violations of consumer rights, especially in e-commerce transactions. This article is juridical-normative research that compares the laws and regulations concerning consumer protection law in e-commerce transactions between Indonesia, India, and the United States. Through comparative studies and analysis using data sources from the literature, this study explores how the legal certainty of consumer protection in e-commerce transactions in Indonesia is being achieved. In addition, this research also describes the comparison regarding the legal certainty of consumer protection in e-commerce transactions in Indonesia between India and the United States based on the United Nations Guidelines for Consumer Protection. Furthermore, this study provides a prescription for how the legal certainty of consumer protection in e-commerce transactions in Indonesia should be when viewed from a comparison of consumer protection laws in e-commerce transactions in India and the United States.

Criminal legal meaning of "dangerous product" according to the legislation of Ukraine

The paper examines the criminal-legal meaning of the term «dangerous product» under the legislation of Ukraine. The Criminal Code of Ukraine defines dangerous products as products that do not meet the requirements for product safety established by normative legal acts. The Law of Ukraine «On the Protection of Consumer Rights» uses the terms «product safety» and «adequate quality of goods, work or services». The term «product» covers any product (goods), work or service that is manufactured, performed or provided to meet public needs. Product safety means the absence of any risk to the life, health, property of the consumer and the natural environment under normal conditions of use, storage, transportation, manufacture and disposal of products. The proper quality of goods, work or services is a property of products that meets the requirements established for this category of products in regulatory acts and the terms of the contract with the consumer. The Law of Ukraine «On the Protection of Consumer Rights» also obliges to put into circulation and sell products for which regulatory and legal acts, including technical regulations, establish requirements regarding safety for life, health, property of consumers and the natural environment. The most acceptable, according to scientists, is the definition of products, which includes food and non-food products, as well as works and services. Dangerous products are products that, under normal conditions of use, pose a risk to the life and health of people, the property of consumers (users), as well as to the natural environment. The application of criminal liability in case of violation of the property rights of consumers in connection with the sale to them of products of inadequate quality (substandard products) is inappropriate.

Provision of Services for the Dispatching Control of Unmanned Vehicles as a Means of Achieving a Balance Between the Needs of the Digital Transformation of the Transport Complex and the Protection of Consumer Rights

The introduction of highly automated, including unmanned vehicles, is one of the most important elements of global digitalization, which in most cases makes it possible to make transport more economical, faster and more comfortable. At the same time, it is associated with new risks, including the safety of passengers, as well as the need to ensure the protection of their rights and legitimate interests under a passenger transportation (chartering) agreement. This creates a request for regulatory restrictions on the use of artificial intelligence systems in transport. Therefore, today the transport legislation in our country does not allow or seriously restricts the possibility of operating vehicles using automatic systems without human intervention. Meanwhile, the use of unmanned vehicles for the transportation of passengers both in road and air transport is only a matter of time, which is why today in the Russian Federation there are a number of experimental legal regimes aimed at testing unmanned vehicles in order to spread them throughout the country in the nearest future. It seems that an important way to ensure a balance between the development and implementation of these technologies and the safety of their operation for a person, society, as well as protecting the rights of passengers will be the remote control of unmanned vehicles by a person and the possibility for his intervention in case of emergency in order to solve emerging problems. For these purposes, it is proposed to use private remote control dispatch centers that provide traffic control services for highly automated vehicles. The purpose of this article is to study the legal basis for the interaction between the operator and highly automated transport, the operator and owner of highly automated transport, etc. These can be legal relations for the provision of services for the dispatching control of unmanned vehicles, and the current example is operator control of traffic in railway transport.

Out-of-Court Settlement of Consumer Sales Claims

The subject of the article is to describe and analyse the functioning of out-of-court consumer redress systems, which deal with the settlement of civil disputes between consumers and entrepreneurs related to the purchase of defective items. The practice of legal transactions involving consumers shows that regulations alone are not enough to ensure that their rights are protected. The essence of the problem boils down to a lack of determination on the part of consumers to pursue their claims. The deficiencies of the Polish justice system, such as high costs of proceedings, protraction of proceedings, uncertainty as to the court's decision on the case, and the inability to enforce court judgments, effectively dissuade consumers from fighting for their rights. The remedy for this may be the proceedings for out-of-court settlement of consumer disputes and the activity of permanent conciliation courts. The aforementioned conciliation systems are run by the Trade Inspection as a body dealing with the protection of consumer rights. As practice shows, these systems are not sufficiently used. There is a need for information and education among consumers and entrepreneurs at the central and local levels to promote amicable settlement of consumer disputes.

Protection of consumer rights in the advertising of the future in the context of economic instability

The purpose of the study is to analyze the factors that affect the economic systems of the world in the aspect of consumer rights protection. The result of the study was the substantiation of the proposition that in order to maintain the competitiveness of the market under adverse economic conditions, the following conditions must be ensured for it: the presence of many producers and well-informed buyers. The Internet search tool offered 51 scientific publications, among which 21 scientific articles should be singled out, 18 of them cover the field of scientific interest of social sciences, related to research on the protection of consumer rights in the field of electronic commerce. A scientific article was analyzed, the subject of which was the study of ethical aspects of electronic commerce, the development of a certain generalized model of the behavior of its consumers based on the conducted research. The analysis of scientific works related to the study of the protection of intellectual property rights, patent rights of third parties, their responsibility in the event of offenses in the implementation of electronic commerce and advertising activities on the Internet became important for the research. In the analyzed scientific publications on the problems of the functioning of advertising activity under conditions of economic instability, the importance of adaptation of manufacturers of goods, works, and services, their marketing strategies to new conditions is emphasized. For example, it was noted that the hotel sector of the economy, which is one of the most affected by the negative consequences of the coronavirus disease pandemic during 2020-2021, in the developed countries of Europe, thanks to the effective “green” advertising of its own business, which promoted ecological hotel tourism, was able not only to level the material losses caused by it but also to increase one's own profit.