PROTECTION OF CONSUMERS IN UKRAINE AND EUROPEAN UNION : THE MODERN STATE AND PROSPECTS

Abstract

The article is sanctified to research of question of protection of rights of consumers on the legislation of Ukraine and European Union. It is indicated, that the necessity of protection of consumer rights is predefined him by vulnerable position among other participants of civil relations. A task to remove this inequality appears before a legislator. The protection of consumers in a civil law it follows to understand in wide sense, through that that he simultaneously is the consumer of commodities, works and services. The legal adjusting of these relations is difficult through existence of numerous laws. There are objective and subjective reasons of imperfection of home legislation in the field of the protection of consumers. The analysis of separate normative acts is conducted in the field of indicated. Defects are educed and making alteration is offered for the improvement of the state of adjusting. Position is pulled out about the necessity of legal decision of principles of "protection of consumers" for a legislation. It follows to co-ordinate the operating acts of civil legislation with these principles. It is necessary to complement the operating Civil code of Ukraine positions "About a consumer agreement" in separate to Head. He is the special contractual construction that has own characterizing signs. Main from them is that he has "consumer" character. His essence is satisfaction of the personal and property necessities of person. A consumer agreement embraces in itself the sale of commodities, найм of property, implementation of works and grant of services. Has complex character unlike ordinary exchange agreements is a purchase-sale, delivery, mine and others like that. Separate is question and responsibility for violation of consumer agreements. It is different from exchange agreements. For consumer agreements there is an increase responsibility in the field of the grant of services. There are legal guarantees of protection of consumers in case of occurring, realization and stopping of their rights. It is necessary to admit "presumption of protection of consumers" in a civil law. The experience of the EU in solving problems of legal protection of consumer rights is studied. Four stages of legal regulation of relations with the participation of consumers in EU countries are defined. The features of each of the stages are indicated. The EU Law "On Consumer Rights" of 2021 was considered, and its features were determined. It has been proven that the legal regulation of relations with the participation of consumers in the EU takes place from individual to general. At the same time, the latter is differentiated. In the future, it is possible to explore relations with the participation of consumers in the field of communication services, medical and communal, taking into account current conditions.