Protection of the rights of consumers is carried out by court.
The right to demand compensation of the harm caused owing to lacks of the goods (service), admits for any victim irrespective of, he has consisted in contractual relations with the seller (executor) whether or not.
The harm caused to a life, health or property of the consumer owing to industrial or other lacks of the goods (service), is subject to compensation in full.
The harm caused to a life, health or property of the consumer, is subject to compensation if harm is caused during a target date of service or working life of the goods (service).
The harm caused owing to lacks of the goods, is subject to compensation by the seller or the manufacturer of the goods at the choice of the victim.
The harm caused owing to lacks of work or service, is subject to compensation by the executor.
Indemnification of moral harm is carried out irrespective of compensation of property harm and the losses suffered by the consumer.
In the given work some moments which open rights and duties of participants of commodity circulation are resulted. But, it is possible to draw a conclusion that, in Russia and in foreign countries, the law protects the interests of consumers.
In conclusion I highlight some important positions and compare Russian and European legislation related to consumers rights. The comparison is made in the table.
| RUSSIA | THE EUROPE |
| Distinctions. | |
| In Russia laws which protecting the rights of the consumers, exist not so long ago. These laws cannot brag of precise experience of their application, therefore often there are problems in practice with their realization. The consumer cannot enjoy his rights because he is often simply is not aware of them. Unfair manufacturers use this ignorance. A Russian consumer used to act traditionally, to trust a word, not to give due attention to details. Such attitude of the Russian consumer also is caused by the history and the traditions of the state; it is enough to recollect long domination of the planned economy and communism.Russian mentality is characterized by the irresponsible relation to possible consequences. The Russian consumer is accustomed hopes for a happy-end. He does not think of problems which can arise if the goods appear poor-quality. | In these countries the society has been developing gradually and consistently. Consumer law reflects on changes on the economy and is efficiently applied. In Europe as against Russia, consumers are fully aware of their rights.European people have got practical mentality. They always collect and keep all receipts, checks and other documents related to a purchase. |
This table does not open all features of relations of consumers and manufacturers; it only gives a primary general view. But the information which above mentioned enables to generate precisely the attitude to study of the legislation on an investigated theme in Russia and the western states. Pleases, that the Russian legislation has adopted the best parties and experience of the western states, but thus takes into account features of the Russian consumer. The Russian consumer – the especial consumer. This feature will consist in mentality, concerning the Russian person to laws. This relation differs from predilection of western people to know and protect the rights, and also honesty to carry out the duties in conformity to the law. The Russian person is more located on observance of traditions. He is focused on practice of human relations, human dialogue. Russian hopes for a miracle, he trusts in despicableness.
In general, for realization of the rights in any sphere, each person (the consumer, the seller, the manufacturer) should know laws. In this case he will not have any problems with restoration of the broken right and indemnification.
1. О защите прав потребителей: Закон РФ от 07.02.1992 г. №2300–1 (в ред. от 21.12.2004)
2. Гражданский кодекс РФ (часть вторая) от 26.01.1996 г. №14 – ФЗ (в ред. от 02.02.2006)
3. Бонди, Е.А. Учебное пособие по английскому языку для поступающих в ВУЗЫ / Е.А. Бонди, П.В. Царев. – М.: Изд-во Московского университета, 1976
4. Richard Powell, Law Today / Richard Powell. – «Longman», 1996
5. Интернет / WWW. Lemon Law, Auto Lemon Laws, Car Lemon Law, Automobile Lemon Laws.com