Compensation for moral harm as a way of protecting consumer rights: the problems of effectiveness
( Pp. 50-53)

More about authors
Bogdan Varvara V. doktor yuridicheskih nauk, professor kafedry grazhdanskogo prava
the South-West state University, Kursk
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Abstract:
After the adoption of the Russian Federation Law «On protection of consumer rights» «compensation for moral harm» was added to some ways of protecting civil rights. Compensation for moral harm became widely spread, and it created a unique mechanism for the protection of citizens’ rights in the market of goods and services. Despite the fact that this remedy has been used for over twenty years, the scientific literature constantly discusses its legal nature, methods and the amount of compensation. Compensation for moral harm as a way of protection of consumer rights has not been studied separately yet. The problems of compensation for moral harm for consumers are periodically discussed on the pages of scientific publications, but common approaches to their solution have not been developed yet. In the present article the author considers these problems through the prism of a reasonable balance of consumer and entrepreneur interests. By doing so he sees it as the ultimate goal of solving the issue of the compensation for moral harm effectiveness as a way of protecting consumer rights. To address this goal author uses methods of analysis, abstraction and comparative law. In the article there have been defined the conditions of effectiveness in applying the compensation for moral harm as a result of studying current theoretical and practical approaches through the application of the mentioned methods of civil and legal norms analysis concerning the compensation for moral harm as a way of protecting consumer rights. The cases of court practice have also been scrutinized. In conclusion the author shows that the effectiveness of compensation for moral harm as a way of protecting consumer rights should be based not only upon its legal effect but also upon social implication, responding to the fundamental principles of fairness and reasonableness, which should be reflected in the Russian Federation Law «On protection of consumer rights». The scientific novelty of the research provided in this article is that the author proposes to take into account social consequences of using this method of protection of consumer rights when considering a problem of the amount of compensation for moral harm, and also criticizes the position of the Supreme Court of the Russian Federation about establishing a presumption of guilt of an entrepreneur. The analysis and proposals elaborated in this paper may be used in the formulation of theory of civil-law relations development involving consumers, providing a full balance of its participants’ interests, which increases the efficiency of the mechanism of protecting the rights of consumers, and also aimed at the establishment of civilized relations emerging in the market of goods and services
How to Cite:
Bogdan V.V., (2014), COMPENSATION FOR MORAL HARM AS A WAY OF PROTECTING CONSUMER RIGHTS: THE PROBLEMS OF EFFECTIVENESS. Business in Law, 1 => 50-53.
Reference list:
Bogdanova E.E. Dobrosovestnost i pravo na zashchitu v dogovornykh otnosheniyakh. - M., 2010. - 159 s.
Zaochne rishennya imenem Ukraini Kostyantinivs kogo mis krayonniy suda Donets koi oblasti 11 ot 14 travnya 2012 roku u spravi № 2-1973. Elektronnyy resurs. Dostup k elektronnomu resursu: http://reyestr.court.gov.ua/Review/24252878. Data obrashcheniya: 12.08.2013 g.
Koloteva V.G. Primenenie zakonodatel stva o kompensatsii moral nogo vreda v rossiyskoy sudebnoy praktike. Problemy opredeleniya razmera kompensatsii moral nogo vreda // Pravo i politika. - 2008. - № 8. / SPS Konsul tantPlyus : poisk po avtoru.
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Keywords:
the consumer, moral damage, method of protection, the efficacy of, the court.


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