Principles of state policy in a consumer rights protection field and their legislative consolidation

Issue: № 8, 2023

Doi: https://doi.org/10.37634/efp.2023.8.23

The paper justified that the structure of building any policy is always based on a list of principles relevant to the specified policy. The principles determine the essence of the political construction, taking into account the specific features in the relevant sphere, where each of the elements (subjects) of this policy is built through the prism of the principles. The paper analyzed the main international and domestic regulatory legal acts, which operate under the term principles of state policy in the sphere of consumer rights protection. It was established that the principles are defined in a non-systematic manner in domestic legal acts, with a weak connection to international principles and Ukraine's European integration obligations. The analysis of international regulatory legal acts allowed us to come to the conclusion that international practice, in its content, singles out: the general principles of consumer policy based on the basic rights of consumers; principles according to the priority goals of consumer policy; principles of individual subjects of consumer policy. It is characterized by the absence of most of the subjects inherent in the European system of consumer rights protection, and the existing ones often do not have the capacity (legal, financial, organizational, etc.) to perform their functions. The guiding principles of the implementation of state policy in the sphere of consumer rights protection are defined as the basis of the implementation of state policy in the field of consumer rights protection, which are used by state and non-state subjects of consumer policy in the development and adoption of any long-term socio-economic decisions affecting (may affect) the rights and interests of consumers. It is proposing to consolidate this norm with the list of principles and defined their in Article 3 of the Law of Ukraine "On the Protection of Consumer Rights".

Keywords : consumer, principles of consumer policy, UN Resolution

References:

1. Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part: Law of Ukraine. from September 16, 2014 № 1678-VII. URL: https://zakon.rada.gov.ua/laws/show/984_011#Text (in Ukrainian).

2. Zvierieva O.V. Protection of consumer rights. Kyiv, 2007. 192 p. URL: https://library.nlu.edu.ua/POLN_TEXT/CUL/10-Zahist_prav_spogivachiv-Zvereva.pdf (in Ukrainian).

3. Muzhailo V.D., Slobodianiuk O.O. State, problems and main directions of consumer policy in Ukraine. Herald of socio-economic research. 2004. № 18. p.265-271.

4. Romat Y.V. Theoretical and methodological foundations and main directions of implementation of consumer policy in the state administration system. Consumer policy in the state administration system / ed. K.O. Maksymenko et al. Kyiv. 2009. 248 p. (in Ukrainian).

5. Tolstonoh V.V. State policy in the sphere of consumer rights protection and its relationship with state consumer policy. Investments: practice and experience. 2015. № 3. pp. 141-144. URL: http://www.investplan.com.ua/pdf/3_2015/32.pdf (in Ukrainian).

6. On Protection of Consumer Rights: Law of Ukraine from 10.06.2023 № 3153-IX URL: https://zakon.rada.gov.ua/laws/show/3153-20?find=1&text=політик#w1_1 (in Ukrainian).

7. On financial services and state regulation of financial services markets: Law of Ukraine from 12.07.2001 № 2664-III, URL: https://zakon.rada.gov.ua/laws/show/2664-14#Text (in Ukrainian).

8. The concept of state policy in the sphere of consumer rights protection until 2020. Decree of the Cabinet of Ministers of Ukraine of March 29.2017 № 217, URL: https://zakon.rada.gov.ua/laws/show/217-2017-р#Text (in Ukrainian).

9. Consumer protection: Resolution adopted by the United Nations General Assembly on 22 December 2015 70/186. URL: https://unctad.org/system/files/official-document/ares70d186_en.pdf

10. Consolidated versions of the Treaty on the Functioning of the European Union. URL: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12012E/TXT:en:PDF

11. New Consumer Agenda: Strengthening consumer resilience for sustainable recovery Communication from the commission to the European parliament and the council COM/2020/696 final. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020DC0696

12. High-Level Principles on Financial Consumer Protection. Draft-Recommendation of the Council on 03 July 2012 № C(2012)102. URL: https://one.oecd.org/document/C(2012)102/en/pdf

13. What are the consumer rights? An website of the Consumers International the world confederation of consumer rights groups. URL: https://www.consumersinternational.org/who-we-are/faqs/#frequently-asked-questions-what-are-the-consumer-rights

14. Constitution of Ukraine, (Information of the Verkhovna Rada of Ukraine), 1996, № 30, ст. 141). URL: https://zakon.rada.gov.ua/laws/show/254к/96-вр#Text (in Ukrainian).

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