Protection Of Consumer Rights Research Articles

Employing consumer knowledge to protect consumer rights

The research aims to measure the level of connection and impact of consumer knowledge in protecting consumer rights, and the sample consisted of (275) consumers in five markets (large retail markets in Baghdad) as they represent the research community of consumers who go to the markets to buy products. The data and hypotheses were analyzed and tested using appropriate statistical tools, including the arithmetic mean and standard deviation to measure the level of descriptive responses of the research sample, correlation coefficients (Pearson) to test the relationships between the research variables, and the simple and multiple linear regression equation to test the effect. The results showed the validity of the research hypotheses, and concluded with a number of Conclusions and recommendations.

The Dilemma and Path of Legal Regulation on “Big Data Price Discrimination”: A Two-Dimensional Perspective on Regulating Platform Operators’ Algorithmic Power and Protecting Consumer Rights

The Dilemma and Path of Legal Regulation on “Big Data Price Discrimination”: A Two-Dimensional Perspective on Regulating Platform Operators’ Algorithmic Power and Protecting Consumer Rights

Legal bases of the information policy regarding the protection of the rights of air passengers

The article is devoted to the justification of the need to unify the national legislation of Ukraine with the acts of the European Union in the field of human rights, in particular, the rights of air passengers. The article summarizes the analysis of the effectiveness of existing legal acts and mechanisms aimed at ensuring a high level of protection of the rights and safety of air passengers in specific situations. It is claimed that Ukraine undertakes to bring national legislation in the field of air passenger rights protection into full compliance with EU acts, despite the biggest challenge on the way to building democracy in Ukraine - the full-scale invasion of the Russian Federation and the closure of Ukrainian airspace for today. The development of legal mechanisms to protect the rights of air passengers is determined not only by the desire to ensure their safety during travel, but also contributes to the development of the aviation industry in general. The need to pay attention to the protection of the rights of air passengers in the process of implementation of EU acts is emphasized, since human rights standards require proper study and implementation for the effective use of common air space, restoration of air navigation infrastructure. The main attention is focused on the peculiarities of the harmonization of national and European standards, which requires significant efforts and a large number of measures on the part of the state, in particular, the proper implementation of EU acts regarding the rights of air passengers and the protection of consumer rights. Next steps regarding further obligations of Ukraine were also analyzed. Increasing attention to the protection of the rights of air passengers is of practical importance for increasing the effectiveness of cooperation between Ukraine and the EU in the field of human rights and creating a modern legal framework for aviation regulations regarding the rights of air passengers in the country. Tasks that need to be completed for the successful integration of Ukraine into the common aviation space of the EU are highlighted. The experience of law enforcement for the protection of the rights of EU air passengers will contribute to the restoration of our state’s capabilities for the safety of civil aviation flights. Conducting research in this direction is a relevant and necessary scientific search.

Business Responsibilities for Food Products in the Don't Have Self Declare Category Halal Label (Case Study in Mataram City)

This research aims to analyze the responsibility of business actors towards ingredients that do not yet have a halal label according to positive law and to analyze the inhibiting factors in the responsibility of business actors towards self-declared food products. which does not have a halal label in Mataram City. By using empirical normative legal research methods. The results of this research show that to protect consumer rights, the Consumer Protection Law Number 8 of 1999 and other laws and regulations apply administrative and criminal sanctions to business actors, if business actors are proven to have violated the regulations that have been established in carrying out their activities. or offer its products. Materials that do not yet have a halal label according to positive law, as in Article 8 paragraph (1) letter h UUPK, stipulate that business actors are prohibited from producing and/or trading goods. As stated in the "halal" statement on the label. And Article 4 of Law Number 33 of 2014 concerning Halal Product Guarantees states that products entering, circulating and being traded in Indonesian territory must be halal certified. With this article, all products circulating in Indonesia must have a halal certificate, without exception, products from Micro, Small Enterprises (UMK) which should also have a halal certificate because they are already circulating on the market. Legal responsibility for business actors who do not yet have a halal label for their products. Administrative/administrative sanctions are given , namely sanctions imposed due to administrative violations or legal provisions of an administrative nature, up to fines, revocation of certificates and/or permits, temporary suspension of administrative services up to reduction of production quotas. Inhibiting factors in the responsibility of business actors for self-declared food products which do not have a halal label in Mataram City, the inhibiting factors consist of two factors, namely: a. Internal factors consist of business actors' knowledge of halal certification, knowledge of halal certification obligations and certification costs. b. External factors consist of lack of socialization from the Halal Center Institute at UIN Mataram and lack of consumer awareness.

Internal dispute resolution systems: Do high promises come with higher expectations?

AbstractWhen e-commerce appeared in the 1990s it brought with it disputes related to its operation. E-commerce is risky as the contracting parties do not even know each other, not to mention the fact that disputes have additional legal difficulties concerning jurisdiction and applicable law. However, e-commerce websites have worked out online dispute resolution (ODR) systems in order to maintain the trust of their users, employing an efficient and impartial method if problems arise from deals made on their website. These internal ODR systems are considered successful as they are faster, cheaper and more appropriate than asking for remedy from the courts.As online marketplaces resolve tens of millions of disputes a year, their influence cannot be avoided. The traditional court system fails to protect consumer rights in high-volume and low-value international transactions in practice. This circumstance raises the question of whether internal dispute resolution systems of private e-commerce sites could develop in such a way that fulfils the minimum procedural fairness requirements for dispute resolution and that is acceptable according to substantial laws. Is justice served in online disputes? Who is responsible for making just decisions, and to what extent can ODR procedures be expected to meet the principles of traditional civil proceedings?

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)

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.

The Role and Effectiveness of Indian Antitrust Regulatory Authorities in Protecting Consumer Rights in E-Commerce

This paper examines the effectiveness of the Competition Commission of India (CCI) in addressing antitrust concerns within the rapidly evolving e-commerce sector. Through a comprehensive analysis of key regulatory actions and significant cases, the study evaluates how well the CCI has managed to protect consumer rights and enforce fair competition in the digital marketplace. While notable successes have been achieved in curbing anti-competitive practices and maintaining market health, challenges persist, particularly in adapting regulatory mechanisms to the pace of technological innovation, accurately defining market dominance in a virtual environment, and handling the global nature of major e-commerce platforms. This paper proposes several recommendations to enhance regulatory effectiveness, including enhancing technological capabilities, updating legal frameworks, and increasing consumer engagement. The findings underscore the need for a dynamic regulatory approach that evolves in tandem with digital market developments to ensure robust consumer protection and market competitiveness.

Organizational and legal ensuring the administrative activities of managers

This paper is devoted to a thorough analysis of the legal basis for ensuring management activities in the conditions of modern Ukrainian legislation. The authors note that in the conditions of dynamic changes in the business environment, legal protection acquires strategic importance for making informed management decisions, minimizing risks and ensuring stable development of the organization. The administrative and legal status of the manager in Ukraine is analyzed in detail - his role and powers in the management system, subordination, implementation of the principle of single leadership, the scope of competence and legal responsibility. The main principles of legal support of the manager's managerial activity were considered. Among them, the principles of legality, responsibility, transparency, ethics, as well as mechanisms of internal and external legal regulation are analyzed in detail. Examples of its practical application are provided for each principle. The authors also pay attention to the influence of key branches of law on managerial activity. These are corporate, labor, tax, antimonopoly legislation, laws on the protection of intellectual property, on the protection of consumer rights, etc. The conclusions emphasize that in modern conditions management of the organization is impossible without comprehensive legal support. It makes it possible to make effective management decisions, avoid legal risks, ensure stability and development of activities. The paper examines the administrative and legal status of the manager, the principles and components of legal support for his activity from the point of view of modern Ukrainian legislation. A reasonable conclusion is made about the key importance of legal aspects for effective management.

The peculiarities of the execution of natural gas supply contracts

The legal basis for the functioning of the natural gas market of Ukraine, based on the principles of free competition, proper protection of consumer rights and security of natural gas supply, has been determined by the Law of Ukraine “On the Natural Gas Market” No. 329-VIII dated 04/09/2015.
 The supply of natural gas to household consumers is carried out on the basis of the standard contract. According to the content of the provisions of the Code of the Gas Transportation System and the Code of the Gas Distribution System, it is understood that, in order to supply natural gas to consumers, its supplier purchases this gas from a wholesaler at a virtual point of sale, and consumers receive it directly from the operator of gas distribution networks at the limit of the balance sheet ownership of their facilities (at destinations). In the context of updating the civil legislation of Ukraine and its harmonization with the law of the European Union, the study of the peculiarities of the execution of the gas supply contract as a type of contract for the supply of energy and the other resources through the connected network is relevant. Taking into account the specifics of the supply object, namely that natural gas is a commercial product that is a mixture of hydrocarbons and non-hydrocarbon components in a gaseous state under standard conditions, the legal nature of the supply contract has certain peculiarities. At the same time, under the contract for the supply of energy and the other resources through the connected network, one party (supplier) undertakes to provide the other party (consumer, subscriber) with energy and the other resources provided for in the contract, and the consumer (subscriber) undertakes to pay the cost of the received resources and to comply with the mode of its use stipulated by the contract, as well as to ensure safe operation of energy and the other equipment.
 The peculiarities of the execution of the contract for the supply of natural gas have been determined by the legal regime of the commercial product, which is natural gas, and the peculiarities of its supply (no other than through the gas transportation and gas distribution systems in which natural gas is received from various economic entities, as a result of which it is mixed and changes in physical chemical parameters).

Analysis of Public Policy and Criminal Law in The Perspective of Consumer Protection for Online Loan Users in Indonesia

The development of online loan services or pinjol in Indonesia raises new problems in consumer protection. Many cases of fraud and misuse of customer personal data are very concerning. The government has not had specific regulations regarding online loans. The existing regulations are merely appeals and suggestions for fintech pinjol to conduct business responsibly. In fact, stricter regulatory and enforcement steps are needed to address the increasing violations that harm consumers. This study aims to analyze public policies and criminal law in the perspective of protecting pinjol consumers in Indonesia. This research uses a normative legal approach with statute and conceptual approaches. The results are expected to provide recommendations for more effective legal protection for online lending consumers in Indonesia, as well as enriching academic literature on fintech and digital consumer protection. The conclusion is that firmer public policy and criminal law provisions are needed to protect consumer rights in using online loan services which currently have weak legal protection.

A era digital e o direito da concorrência: uma análise dos desafios da regulamentação

This article addresses the impact of the Digital Era in the field of Competition Law and the protection of consumer rights. In a globalized and technologically dynamic world, the lack of solid regulation has led to violations of both consumer rights and competitive equity in the electronic market. In particular, the focus is on restrictive practices such as test pricing, exclusivity agreements, price discrimination, anti-competitive agreements between companies and the misuse of privileged information, in addition to the controversies associated with Competition Law in the digital context. For this reason, the question arises whether digital platforms should be restricted due to their unfair practices in the market, or if, instead, they should be allowed in harmony with economic development. The main objective of this article is to provide a critical reflection and harmonization of ideas on how the Digital Age has influenced Competition Law. Various points of view are analyzed in order to offer a comprehensive vision of the need to establish a legal system adapted to the digital era that guarantees both the protection of consumer rights and fairness in competition

Forms and methods of legal regulation of the protection of consumer rights regarding waste management at the state level

The article discloses the forms and methods of legal regulation of consumer rights protection regarding waste management at the state level. It is emphasized that the state policy of Ukraine in the field of waste management is based on several basic principles. It is designed to protect the environment and human health from the negative impact of waste, to ensure the rational use of material, raw materials and energy resources, as well as scientifically based coordination of ecological, economic and social interests of society to achieve sustainable development.
 It has been established that today, the most widespread method of waste treatment in Ukraine is its disposal in landfills, terrykons, sludge and tailings storage facilities, as well as in landfills. This leads to the occupation of large areas of fertile land and becomes a source of air pollution, and leachates penetrate into the soil and groundwater. However, it is important to consider that waste can become a source of secondary resources and serve as a source of energy. Therefore, humanity faces the task of widely implementing advanced technologies to prevent and limit the generation of waste, as well as for its disposal, regeneration and safe disposal, processing of non-recyclable waste.
 As a conclusion, it is said that the development of society and the satisfaction of its needs interact with natural resources, which leads to a significant generation of industrial waste. The problem of waste management is recognized as one of the most urgent in the modern world and is a priority for developed countries. Due to the large volume of waste, Ukraine is facing a particularly acute situation. Based on the analysis, conclusions are drawn and recommendations are formulated for the further development of legislation and waste management practices in order to ensure effective protection of consumer rights in the international context. This article serves as a valuable contribution to the understanding and improvement of consumer protection systems in the context of environmental challenges and waste management.

Economic and legal aspects of consumer rights protection

The article is devoted to the study of the construction "protection of consumer rights as a component of the economic legal order". The sustainable development of our country can be solved in the context of ensuring the rights of consumers, since the development of the economy is not possible without the reliable functioning of the consumer market. Only a protected and confident consumer is able to create conditions for the sustainable development of the enterprise even in adverse conditions of large-scale military aggression. It is the consumer at the microeconomic level who decides on the direction of his money, thereby exerting a kind of economic influence on business entities. Therefore, the protection of consumer rights cannot be reduced only to the restoration of already violated rights, since this does not allow to prevent their repetition.
 It was concluded that the prevention of violations of consumer rights requires the state to implement a preventive approach to prevent and prevent such violations, which is possible within the limits of ensuring compliance with the economic legal order. For this, the state must ensure compliance with the requirements of legitimate economic activity, in particular, the rules on fair competition and prevent the abuse of a monopoly position and other types of distortion of competition, as well as manifestations of unfair competition in areas of economic activity related to the consumer sphere. These tasks can be solved only under the condition of the introduction of the appropriate state economic policy. In order to ensure the interests and rights of consumers, there should be a consolidated influence of state bodies, local self-government bodies, as well as self-regulatory organizations of business and consumers, which will ensure compliance with high standards of conducting business activities that take place in organizational and economic relations. Also, ensuring the observance of consumer rights should be carried out in the organic interconnection of economic-production and intra-economic rela­tions, as this allows for the creation of a system of compliance with the quality standards of goods, works and services sold to consumers.

Public administration of domestic solid waste management as a direction for the protection of consumer rights

The scientific article is devoted to the public administration of solid household waste management as a direction of consumer rights protection. Attention was drawn to the positive aspects of public administration regarding the management of solid household waste as a means of protecting consumer rights (for example, in the Dnipropetrovsk region): the existence of the National Waste Management Strategy in Ukraine until 2030; availability of a regulatory and legislative framework in the field of management and handling of solid household waste; availability of "Methodical recommendations for the development of regional waste management plans”; existence of a solid household waste management program in the Dnipropetrovsk region for 2022-2024; positive experience of the EU and other developed countries in the field of effective management and handling of solid household waste; the presence of a solid household waste collection and disposal system; availability of municipal solid waste landfills; availability of enterprises for processing, processing and disposal of hazardous components of solid household waste; initiation of elements of separate collection of solid household waste; gradual formation of awareness among the population regarding the need to separate resource-valuable components from the general flow of solid household waste.
 It was concluded that the problematic issues in public administration regarding the handling of solid household waste as a direction of consumer rights protection (for example, in the Dnipropetrovsk region): the tendency to increase the scale of generation and accumulation of solid household waste; lack of a systematic approach to creating effective management and handling of solid household waste; insufficient funding of solid waste management and management; low level of implementation of previous regional solid waste management and handling programs; low level of utilization of resource-valuable components of solid household waste; lack of waste transfer stations and waste processing enterprises, etc.

The process of implementation of the EU acquis in the national legislation of Ukraine

The article summarizes the process of implementing the EU acquis into the national legislation of Ukraine, as well as the obligations undertaken within the framework of the Association Agreement. Thus, as part of the negotiation process, Ukraine's commitments are grouped into six clusters, which in turn contain 34 chapters. It was found that 80 state authorities assessed the approximation of Ukrainian legislation to EU legislation (self-screening) within six months. According to the results of the inspection, several EU acts do not require implementation into Ukrainian legislation, some acts are subject to further full or partial incorporation, and some of the acts have already been fully implemented into Ukrainian legislation. It was also analysed that the largest number of EU acquis acts, which Ukraine has already fully incorporated into its legislation, relate to the sections «Customs Union», «Statistics», «External Relations», «Food Safety, Veterinary and Phytosanitary Policy» and «Protection of Consumer Rights and Health Care». However, under such sections as «Transport Policy», «Food Safety, Veterinary and Phytosanitary Policy», «Freedom of Movement of Goods», «Freedom of Entrepreneurship and Provision of Services» there is still work to be done in terms of the implementation of EU norms in the internal legislation of Ukraine. In addition, the article also defines the state of implementation of the EU acquis in Ukraine. In addition, the activities of government bodies during 2023 in the process of implementing EU legislation were also analysed. It was found that Ukraine also fulfilled all seven recommendations of the European Commission, which it received during the granting of candidate status. It was also determined that Ukraine, on its way to European integration, continues to fulfill its obligations under the Association Agreement. During the period from 2015 to 2022, Ukraine fulfilled 72% of its obligations.

Digital Inequality and Digital Justice: Social-philosophical Aspects of the Problem

Digital inequality and digital justice are pressing issues in today's world. This work examines the socio-philosophical aspects of these problems and proposes measures to achieve digital justice. The authors draw attention to the fact that digital inequality can manifest itself in various forms, such as access to information, technology and resources, as well as opportunities to participate in the digital economy. This can lead to increased social inequalities and limited opportunities for the development of individuals and society as a whole. To achieve digital justice, the authors propose a number of measures, such as improving access to digital technologies and resources, ensuring equal opportunities to participate in the digital economy, and protecting consumer rights and data privacy. They also draw attention to the need to promote digital literacy and education so that people can make effective use of digital technologies and resources. The authors also examine digital inequality and digital justice in the context of monopoly and free speech. They point out that some companies that declare their social responsibility may use their monopolistic position in the market to limit freedom of speech and access to information. In this context, the authors suggest strengthening the role of the state in regulating the digital economy and protecting consumer rights. In conclusion, the research is a valuable contribution to the field of research on digital inequality and digital justice. It emphasizes the need to take into account the socio-philosophical dimensions of these issues and suggests measures to achieve digital justice. It also draws attention to the importance of cultural and historical sensitivity in the development of digital policies and resources.

REALIZATION OF THE RIGHT TO ENSURE A HIGH LEVEL OF CONSUMER PROTECTION IN THE EUROPEAN UNION

The subject of the article is the realization of the right to ensure a high level of consumer protection in the European Union. The basis for constructing this law is Art. 38 of the Charter of Fundamental Rights of the European Union, the provisions of the Treaty on the Functioning of the European Union and EU directives defining the subject of consumer law. The article discusses the normative basis for the protection of consumer rights in European Union law. Selected standards of consumer rights protection in the case law of the Court of Justice of the European Union were discussed, too. The article also discusses the role of European Union consumer law in realization of the right to consumer protection in the Republic of Poland. According to the author Art. 76 of the Constitution of the Republic of Poland does not provide grounds for constructing a subjective right to ensure a high level of consumer protection. Therefore, the provisions of European Union law and the case law of the Court of Justice of the European Union are of key importance.

Women's career development through everyday life in post‐war Japan: Survey of the Shufuren (the Japanese Association of Consumer Organizations)

AbstractThis paper explores the career development process of women in postwar Japan who belonged to the Shufuren (the Association of Consumer Organization), the homemakers' federation, and who became experts in everyday life through studying and researching to improve their lives. It analyzes the organizational chart, hours and fundings for activities, details of activities, formation of the cooperative relationships, and career development of the leaders. The women who gathered at the Shufuren studied and researched the issues that arose in daily lives. By accumulating survey and research data and presenting scientific evidence, they made requests and proposals for improvements to the Diet, governments, and industries. Through these activities, they contributed to establish laws and systems protecting consumer rights. The women also developed partnerships with other civic groups in sharing current social issues. They expanded the circle of the movement and asserted their demands to the Diet, government agencies, industries, and the public. The members grew as experts in everyday life by steadily building their careers with passion for daily activities. Their activities were not limited to the Shufuren; some women went beyond the Shufuren to become leaders of organizations. Conventionally, homemakers are viewed as not having career development aspirations. When discussing women's career development in Japan, attention has focused on career development through work and balancing work and family life. However, the activities and steps taken by the female members of the Shufuren to improve their lives should also be considered a form of career development.

Analysis of the Application of Article 18 of the Consumer Protection Law in Tourism Services

The focus of this research is to reveal the extent to which the provisions of Article 18 UUPK have been implemented by tourism businesses to protect consumer rights and security. The research method uses an empirical sociological approach which uses field data as the main data source, such as the results of interviews, observations and documentation. The results provide a comprehensive picture of the practice of implementing Article 18 UUPK in the tourism services sector. These findings involve evaluating the transparency of information, security, and quality of services provided to consumers. That the main obstacles and challenges lie in human resources, and the factor of lack of awareness on the part of tourism actors. It is hoped that this in-depth study can contribute to improving policies and implementation of Article 18 UUPK, as well as increasing consumer protection in the context of tourism services.

Online Business According to Islamic Business Ethics with A Reseller System in Bantarjati Village, Klapanunggal District

In this era, sellers can take advantage of many technological developments, such as online sales transactions. Business actors need to be reviewed and analyzed in terms of the practice of buying and selling online with the reseller system and the application of Islamic business ethics in buying and selling online with the reseller system in Indonesia has been implemented properly and correctly. In this study, data was collected through a questionnaire which was distributed to 10 people where the respondents had been involved in the online reseller sales system. The results of the responses to this questionnaire will be collected for observation and analysis in more detail and depth. The results of this study indicate that, of the 10 informants buying and selling online with a reseller system, at least there are still those who have not implemented Islamic business ethics. This can be seen from the explanation of shop operating hours and delivery of goods, responsibility for the products sold and complaints from consumers, and being honest in selling does not display images that are not from the product itself. Business actors must understand, understand and apply Islamic business ethics in order to create a sense of justice and protect consumer rights in buying and selling transactions online. Islamic business ethics includes four aspects, honest and trustworthy, disciplined, responsible and grateful.