HUMANITARIAN RESEARCHES

Journal of fundamental and applied researches

ABUSE OF RIGHTS BY CONSUMERS

2015. №4, pp. 223-230

Bogdan Varvara V. - Candidate of Historical Sciences, Southwest State University, 305040, Russia, Kursk, 94 50 let Oktyabrya st, KurskPravo@yandex.ru

Gophers Vladimir N. - Doctor of jurisprudence, professor, Southwest State University, 305040, Russia, Kursk, 94 50 let Oktyabrya st, svn60@mail.ru

The paper considers consumers’ abuse of rights as regards sellers (manufactures, producers). Relying on the current legislation and case-law the author analyses how consumers abuse of their rights making use of the provisions embraced by the Consumer Protection Act and other legislation and looks at possible reasons encouraging the evolving of such situations in relations between entrepreneurs and consumers. In the author’s view legislation in force enables participants in legal relations to exercise effectively their rights and freedoms by striking a fair balance between rights and obligations provided for by law excluding the risks of manipulations from a counterparty. Stable development of the market can be realised through a well-balanced regulation of legal relations coupled with efficient process of interaction between parties based on reasonable application of rights and obligations. Aiming atputting the parties’ rights and obligations on equal footing can be a good remedy against abusive practices of a stronger party - a consumer at times - who benefits from a variety of rights vested to him by law for the purposeto reach legalequality. The author concludes that safeguard amendments against abuse of rights by consumers are a matter of priority. Such legislative measures should not be a prejudice to consumers.

Key words: потребитель, злоупотребление правом, суд, отказ в защите, превентивные меры, модернизация законодательства, баланс интересов, consumer, abuse of right, court, refusal to protection, safeguards, improvements in law, balance of interests

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