Issue 4 (18) 2012

Marinkin PROBLEMS OF SPECIAL KNOWLEDGE OF THE CONSUMER

PROBLEMS OF SPECIAL KNOWLEDGE OF THE CONSUMER

D.N. Marinkin

Perm State National Research University
15, Bukirev st., Perm, 614990

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Without knowledge of rules of law not probably not only to protect own rights, but also to realise them. One of problem questions is presence of certain knowledge of the goods, work, service at the consumer. Speaking about special knowledge, of the legal literature their treatment as knowledge of experts in various areas of scientific knowledge is investigated. We consider legislative requirements in sphere of protection of the rights of consumers, problems of their application and we are defined with rather question at issue on special knowledge of the consumer in the Russian Federation.

In particular, to avoid possible negative situations, the consumer is recommended to provide at making contract more a strict liability of the second party for infringement of the rights of the consumer that is not always possible: first, as the consumer can not know all technical, legal, other aspects; secondly, in practice he should agree with conditions of that contract which is offered by the second party for signing (conclusion).

To the consumer, it is recommended to pay attention and to terms of elimination of lacks of the goods, service or the works specified in the contract.

Recommendations offered by us are directed on improvement of legal literacy of citizens. Their basis are special knowledge about specificity of the legislation on the rights of the consumer and to their application. After all many, knowing the legislation, try to prove goods accessory to the certain seller, without checks and the contract, demanding compensation of the harm ostensibly put by them, by means of use, for example, familiar as witnesses of acquisition of the goods. Situations of reception certain increased much more, than in the legislation, percent for delays of treaty provisions or double compensation of the things lost by the executor are peculiar to practice also.

In summary we will note about necessity of increase of legal literacy of citizens (consumers) by means of mass media, as a reception variant so necessary special knowledge to the consumer.


 Keywords: the consumer; special knowledge; protection of the rights of the consumer; responsibility

 

Bibliograficheskij spisok

  1. Grazhdanskij processual'nyj kodeks Rossijskoj Federacii [Jelektronnyj resurs]: Feder. zakon Ros. Federacii ot 14 nojab. 2002 g. №138-FZ (v red. ot 14 ijulja 2012 g.). Dostup iz sprav.-pravovoj sistemy «Konsul'tantPljus».

  2. O zawite prav potrebitelej: zakon Ros. Federacii ot 7 fevr. 1992 g. №2300-I (v red. ot 25 ijunja 2012 g.) // Ros. gaz. 1992. 7 apr.

  3. O rassmotrenii sudami grazhdanskih del po sporam o zawite prav potrebitelej [Jelektronnyj resurs]: postanovlenie Plenuma Verhov. Suda RF ot 28 ijunja 2012 №17. Dostup iz «Konsul'tantPljus».

  4. Ob utverzhdenii perechnja tehnicheski slozhnyh tovarov [Jelektronnyj resurs]: postanovlenie Pravitel'stva Ros. Federacii ot 10 nojab. 2011 g. №924. Dostup sprav.-pravovoj sistemy «Garant».

 


      

      

 
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