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25.H. G. Reynolds, International Space Law: Into the 21st Century, 25 Vanderbilt Journal of Transnational Law 225, 229 (1992).
26.Virgiliu G. Pop (2006), Unreal Estate: The Men Who Sold the Moon, s.55
27. Virgiliu G. Pop (2009). Who Owns the Moon?: Extraterrestrial Aspects of Land and Mineral Resources Ownership. s. 4 .
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29. Chicago Man Stakes Claim to Outer Space. Science Illustrated, May, 1949.
30. R. J. Lee, Article II of the Outer Space Treaty: ProhibitionofStateSovereignty, Private Property Rights, or Both?, Australian journal of International Law (2004) 11, s.128
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© Степаненко А.С., Michal Pietkiewicz, 2016
УДК 341.96
Л.Р. Такаева
магистр 2 курса Института права Башкирский государственный университет г. Уфа, Российская Федерация
RIGHTS AND RESPONSIBILITIES OF CONSUMERS AND SELLERS OF THE EUROPEAN UNION AND THE RUSSIAN FEDERATION: COMPARATIVE LEGAL ANALYSIS
In the 19th century in the United States for the first time arose the movement to protect the rights of consumers. At this time in the United States swept the first campaign to protect the interests of consumers by railway companies, which inflated the price of transportation. State's response to the unrest was the creation of a special body - "the Senate Committee on Interstate Commerce." Since that time the rail tariffs are controlled by the state. Then, in 1899, it was created "National Consumers League," to defend the right to the quality of food and medicine. And in 1935 godu- "Consumers Union".
In Europe in 1973, members ofthe European Economic Community was established the Advisory Committee on Consumer Protection. Since 1975, consumer protection has gained importance in the official policy of the EEC. Thus, the rights of consumers to be protected from negligence and abuse of market relations participants (producers and sellers).
In Russia, the movement to protect the rights of consumers have been developed in the 80s of the 20th century in the form of the creation of societies, associations for the protection of consumer rights. In the years 1987-1988, these non-governmental organizations united in the Federation of Consumer Societies, and by early 1992, the Federation is converted to the International Confederation of Consumer Societies, was composed of the consumer societies of the former Soviet republics. Launch of consumer rights was initiated with the adoption of 22 May 1991 the Supreme Soviet of the USSR Law "On Protection of Consumers' Rights, which is in connection with the collapse of the Soviet Union and not yet in force, but remained a model for the legislation of the CIS countries in the in the area.
Upholding and practical application of the norms of the Russian Federation to protect the rights of consumers accounted for the 90 years of the 20th century, along with the transition to the system of market relations. February 7, 1992 adopted the Law "On Protection of Consumers' Rights, which has become a reflection of international law in national legislation. In 1996, Russia joined the World Organization of the Union of Consumer Rights. Resolution of the Interparliamentary Assembly of the Eurasian Economic Community № 7-12 from 26 May 2006 adopted the Model statute "On Protection of Consumers' Rights. This document defines the general legal, economic and organizational basis for consumer protection in the territory of a Member State Community.
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Remembering a bit of history of its development and consumer protection, both within Europe and in Russia, consider the present legal status of consumer protection.
The main feature of the legislation on consumer protection in the EU is that consumer protection is based on communitarian (common to all members of the EU) and national (for each individual EU member states) rights.
Legislative supremacy belongs humanitarian law. It is clearly defined in the judgment of the EU. One should not speak of complete penetration of Community law to the national. This effect depends on the intensity with which this action is carried out either by direct administration of the legislation, in the form of the adoption of regulations or the implementation of the directives, or, in the absence of unification or harmonization, indirectly, through the adoption of decisions by the Court of the EU, designed to enforce EU rights arising out of the Treaties, in particular - of the principle of free circulation of goods and services within the EU.
At EU consumer law has a significant impact three factors:
• the application of the founding treaties of the EU, in particular the Maastricht and Amsterdam, have introduced the policy in the field of consumer protection as one of the major EU policies;
• Development of cross-border relations due to the rapid development of new technologies and the emergence of modern means of communication;
• the allocation of new priority strategy - to ensure food safety at the level of the entire EU, not just its individual members.
Currently, the EU basic legal document protecting the consumer, is entered into force on 13 June 2014 Directive 2011/83 / EC of 25 October 2011 "On the rights of the consumer." Also, the European Community has developed a number of guidelines and special rules to provide consumers additional property and information law: Directive 2005/09 / EC "On the unfair commercial practices between businesses and consumers in the domestic market", the directive 2006/114 / EEC "On introducing in misleading and comparative advertising ", Directive 99/44 / EC" On certain aspects of the sale of consumer goods and associated guarantees "and others.
Legal provision for consumer protection in the EU is based on a systematic and comprehensive approach to the management of relations with customers. The basis of the institution of protection of consumer rights in the EU is to prevent the adoption of the consumer economically unjustified decisions. This purpose is served by different elements: prevent unreasonable commercial practices psychological impact on consumers, the creation of effective opportunities for the acquisition of safe goods and services and return unsuitable goods consumer education and promotion of consumer societies, the creation of simplified procedures for dealing with consumer disputes. Consumer protection in the EU is ensured by eliminating malicious introduction of the average consumer confusion due to the lack of information about the product (service) or its misperception, lack of training for the unexpected marketing moves and psychological techniques.
In Russia, the main document for the protection of consumers 'rights is the Federal Law "On Protection of Consumers' Rights, adopted February 7, 1992.
Legislation on consumer protection - is a system and a group of regulations, laws, government decrees regulating separate spheres of consumer law. Legal regulation of relations in the field of consumer protection is also regulated by international treaties of the Russian Federation establishes rules on consumer protection.
From the most significant violations of consumer protection administrative, civil and criminal law. The current legislation of the Russian Federation pays great attention to the civil liability of the seller, the manufacturer, the Executive Director for violation of consumer rights, which is set by the Civil Code of the Russian Federation, federal laws special focus and the RF Law "On Protection of Consumers' Rights, which operate in a complex and complement each other . The constitutional provision on guarantees of judicial protection of human rights and freedoms (Article 46 of the Constitution of the Russian Federation) for civil law concretized the provisions of Art. 11 of the Civil Code, provides for the protection of violated or disputed civil rights by a court, in accordance with the rules on jurisdiction, art. 12 of the Civil Code, which provides various ways to protect the violated rights. Under civil liability refers to sanctions related to additional burdens for the offender, being for him a certain punishment for the offense. Civil law provides for various forms of liability for violation of, for example, such as compensation for damages (Art. 15 of the Civil Code), payment of a penalty (Art. 330 CC), and others. At the same time, the RF Law "On Protection of Consumers' consumer given additional comparison with the norms of the Civil Code and the right to a special order
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to meet them, that extend and responsibilities of the seller, the manufacturer, artist, authorized by the manufacturer (seller) organization or an individual entrepreneur, importer for violation of legislation on consumer protection. They arise in the case of detection of goods (works, services) shortcomings unless they were agreed by the parties, including the failure to provide complete and accurate customer information on the goods (works, services), and established by Articles n. 2, Art. 12, p. 1-4 Art. 18, Art. 29 of the Act). Losses incurred by the consumer as a result of defects of the goods (works, services) shall be reimbursed in excess of the penalty set by the Federal Law "On Protection of Consumers' Rights. At the same time payment of penalties and damages shall not relieve the seller (manufacturer, executor) to perform assigned duties (Sec. 2, 3, Art. 11 of the RF Law "On Protection of Consumer Rights"). Special rules of liability for violation of the requirements of consumer satisfaction seems to set the order of the Law of voluntary damages within ten days from the date of the request (Sec. 5, Art. 13, Art. Art. 22.31 of the Act), for breach of which there were other types of responsibility - payment the penalty for delay damages (para. 1, Art. 23, para. 3 of Art. 31 of the Law) and a fine of 50% of the collected by the court in favor of the consumer the amount of the violation of the voluntary order to meet customer requirements (Sec. 6, Art. 13 of the Act). The user is detected in a range of deficiencies, if they have not been stipulated by the seller, at its option the right to make the seller or an authorized organization authorized individual entrepreneur the following requirements: - to demand replacement of the goods of the same brand (the same model, and (or) article); - Require the replacement of the same product of another brand (model, article) with the corresponding recalculation of the purchase price; - To demand a commensurate reduction of the purchase price; - Demand the immediate elimination of the defects of goods or reimbursement for their correction by the consumer or a third party; - To refuse to perform the sales contract and demand the return of the amount paid for the goods. At the request of the seller and at his expense the consumer must return the goods with defects. However, the Act is limited claims that may be brought against the manufacturer. In accordance with para. 3 of Art. 18 of the manufacturer, the authorized organization or the authorized individual businessman, the importer may be made can be made for the replacement of one commodity for the same brand (the same model, and (or) article), the immediate elimination of the defects of goods or reimbursement for their correction by the consumer or a third party. Instead of those requirements the consumer is entitled to return to the manufacturer or importer of the goods of inadequate quality and demand the return of the amount paid for it.
Thus, having considered the protection of consumer rights in the EU and the Russian Federation, it should be noted that the legal protection of consumer rights in the EU is wider than in Russia. Of particular note is the fact that EU legislation, according to Art. 2 Directive 2011/83 / EC of 25 October 2011 "On the rights of the consumer", "consumer" - a natural person, and according to the Law of the Russian Federation "On Protection of Consumer Rights", "customer" - the citizen. Thus, we can say that today, the EU consumer protection is more real, and in Russia- formal.
List of sources:
1. The civil code of the Russian Federation of January 26, 1996 No. 14-FZ. Part 2 (with посл. amendment and No. 210-FZ, additional from July 01, 2015)//Collection of the legislation of the Russian Federation. 1996. No. 5, Art. 410.
2. The directive 2005/09/EU "About unfair commercial practice in the relations between businessmen and consumers in domestic market" [An electronic resource]. URL.: http://eur-lex.europa.eu (date of the address on November 10, 2015).
3. The directive No. 2006/114/EC of the European parliament and Council of the European Union "About the misleading and comparative advertizing (the codified text)" [An electronic resource]. URL.: http://eur-lex.europa.eu (date of the address on November 10, 2015).
4. The act of the Russian Federation of February 07, 1992 No. 2300-1 "About consumer protection" (with amendment No. 233-FZ, additional from July 13, 2015)//Collection of the legislation of the Russian Federation. January 15, 1996. No. 3, Art. 140.
5. Zack A.Yu. About need of inclusion in the law "About Consumer Protection" of norms on the kommivoyazhersky contract//the RGGU Bulletin. Series: Economy. Management. Право.2011.№ 8 (70), Art. 56-65.
© Такаева Л.Р., 2016
