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Ablyatipova N.A., Kravtsova A.A. Technically Sopisticated Goods in the Context of Consumer Rights when Defects are Detected in the Good

DOI: https://doi.org/10.15688/lc.jvolsu.2021.1.3

Natalia A. Ablyatipova, Candidate of Sciences (Jurisprudence), Associate Professor, Honored Lawyer of the Republic of Kazakhstan, Department of Civil Law, Russian State University of Justice (Crimean Branch), Pavlenko St/Studencheskiy Lane, 5/2, 295006 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4579-3871

Anastasia A. Kravtsova, Master Student, Russian State University of Justice (Crimean Branch), Pavlenko St/Studencheskiy Lane, 5/2, 295006 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-9754-0836


Introduction: currently, retail sales contracts are widely used, under which technically sophisticated goods are transferred to the property, which form a special group of goods and have the specifics of the legal regulation. Meanwhile, there is no legal definition of a technically sophisticated good, and there are no regulatory criteria for this legal category. In this regard, the authors set the goal: to summarize the approaches developed by judicial practice on this issue, to identify what normative justification of technical sophistication is used when including goods in the List of technically sophisticated goods. Results: the importance of qualifying a product as technically sophisticated is investigated, the problems of qualifying goods as technically sophisticated are identified, and the reasons for determining the category of wireless devices equipped with a touch screen, two or more functions, and the absence of similar devices without a touch screen in the List of technically sophisticated products are established. Conclusions: based on the analysis of the legislation and the materials of judicial practice, the problems of applying the List of technically sophisticated goods and the ambiguity of the law enforcement are identified. Based on the results of the work, the authors have developed the practical proposals and recommendations for improving the legislation.

Key words: technically sophisticated goods, lack of goods, consumer rights, return of goods, purchase and sale, mobile device, telephone.

Citation. Ablyatipova N.A., Kravtsova A.A. Technically Sopisticated Goods in the Context of Consumer Rights when Defects are Detected in the Good. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 1, pp. 19-26. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.1.3

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