Belova O.A. The Transformation of Consumers’ Remedy in the Context of Sanctions Pressure on the Russian Federation
DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.13
Olesya A. Belova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil Law Disciplines, Volgograd Institute of Management, branch of the Russian Presidential Academy of National Economy and Public Administration, Gagarina St, 8, 400066 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5994-192X
Introduction. The civil legislation sphere is the fundamental basis of private law relations. At the same time, civil legislation is most affected by various circumstances impacting both substantive and procedural law. Recently, the impact of sanctions pressure on the Russian Federation has been an urgent topic, which is naturally reflected in the development of civil law relations. The impact of the sanctions of foreign states is particularly pronounced in the field of consumer protection, since foreign companies are abandoning the Russian market and consumer problems remain unresolved. Consumer protection in the context of sanctions pressure on the Russian Federation is an important task for the legal science, both from the material and procedural sides, and is associated with the need to develop appropriate solutions. Since the science of civil law is faced with the task of developing various ways of solving problems in the field of consumer protection under sanctions pressure, this is the purpose of the study. Methods. The methodological framework for the research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization, and comparative jurisprudence. Results. Within the framework of the study, the author has analyzed the role of existing legal norms on consumers’ remedies from the point of view of their enforcement in the conditions of sanctions pressure on the Russian Federation. Based on the analysis, it is concluded that, on the one hand, the existing legislation on consumers’ remedies fulfills its main function but does not correspond to modern economic conditions of development as a result of the abandonment of foreign companies. The application of the norms of substantive law cannot be fair and expedient in situations where the consumer remains in an economically disadvantageous financial situation. The author of the study has proposed a solution by improving the norms of substantive law in the field of consumer protection, whose change will direct law enforcement to the path of a fair resolution of cases. From the author’s point of view, a legislative proposal to amend the Law on Consumer Protection seems optimal, which will allow solving this problem not only with substantive but also procedural law. The legislative initiative applies to cases where it is impossible to implement the plaintiff’s claim due to force majeure and consists of empowering the court to independently replace the claim with a similar one so that the interests of the consumer are not violated.
Key words: consumer rights, civil legislation, sanctions pressure, interests of the consumer, law enforcement practice, judicial protection.
Citation. Belova O.A. The Transformation of Consumers’ Remedy in the Context of Sanctions Pressure on the Russian Federation. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 3, pp. 96-101. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.13
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