PROBLEMS OF PROTECTION OF CONSUMER RIGHTS IN CASE OF PURCHASING DEFECTIVE PRODUCTS

Abstract

The article is devoted to the study of legal problems that arise in the case of consumers purchasing low-quality products. A comparative analysis of consumer protection provisions in this area in the European Union and Ukraine. It is established that in our country today the issue of a systematic approach to clearly define the algorithm of consumer actions in the case of purchasing low-quality products remains insufficiently addressed. At the codified level, Ukrainian legislation lacks both a normative definition of a product defect and criteria for recognizing such a defect as significant. The division of shortcomings into ordinary and significant, established by the Law on Consumer Protection, does not correspond to the definition of defective products in the legislation of the European Union and creates a kind of hierarchy of consumer rights in case of purchase of substandard goods. Examples from case law are given, which proceeds from the fact that the burden of proving the proper quality of the goods (the fact of lack of defect) rests with the seller, and the burden of proving the materiality of the defect – the consumer. It is emphasized that the application of such a legal structure significantly complicates the implementation of the latter’s rights to terminate the contract and refund. It is concluded that today the consumer as one of the most important participants in market relations is quite limited in their rights, and Ukrainian legislation in this area needs to be urgently improved. In consumer relations, where one of the parties is a non-professional individual (weaker party) and the other party is a professional business entity (strong party), the legislator must take the side of consumer rights. It is substantiated that the formation of the institute of consumer protection in Ukrainian legislation should be based on the current development of market conditions, major international trends in this area, take into account European experience and comply with European Union Directives. Amendments to the current legislation are proposed in order to improve it, harmonize it and bring it in line with international standards in the field of consumer protection.