PROBLEMS OF CRIMINAL LAW ASSESSMENT OF THE ABUSE OF CONSUMER RIGHTS

  • V.V. Rovneiko
    • Udmurt State University
Keywords: abuse of rights, abuse of consumer rights, consumer extremism, consumer terrorism, blackmail, acquisition of property rights, fraud, consumer protection, balance of interests, fraud

Abstract

The legislation and practice of its application are based on the priority of protecting the rights of the consumer, which is known to everyone: "The client is always right". Assigning the weak side status to the consumer (buyer) has the opposite effect. The buyer gets a significantly larger amount of rights. Unscrupulous consumers began to derive property benefits from this situation, abusing the preferences granted to them: they are increasingly declaring purchased goods to be of poor quality, refusing to settle disputes with retailers and manufacturers peacefully, and suing them. The phenomenon is called "consumer extremism". Consumer extremism is not only a civil law phenomenon (a type of abuse of rights), it also has signs of criminal fraud. It is necessary to make additions to the current resolution of the Plenum of the Supreme Court of the Russian Federation so that general explanations can be fully applicable to cases of consumer extremism.

References

Received 2020-07-12
Published 2020-11-12
Section
Jurisprudence
Pages
753-762