The Consumer Rights Protection in Passenger Car Purchase and Sale Contracts: The Law Enforcement Analysis

Legal Concept ◽  
2021 ◽  
pp. 106-112
Author(s):  
Olesya Belova ◽  

Introduction: the private law protection of consumer interests in modern trade relations is represented by a wide range of various tools that allow consumers to adequately protect their rights and restore justice. At the same time, the specifics of trade relations, whose subject is a passenger car intended for use for personal household purposes, and having the characteristics of a complex technical product, in some cases, due to the technical and legal illiteracy of the consumer, put consumers in a less favorable position as the least protected party. The purpose of the study is to identify current trends in judicial protection and self-defense of the rights of consumers as a party to the contract of purchase and sale of passenger cars. 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: the study analyzes the law enforcement materials over the past 2-3 years, identifies a cluster of the most relevant court proceedings arising from the protection of consumer rights when selling passenger cars (the disputes about setting deadlines for which it is impossible to use a passenger car for its intended purpose due to the need for repair work, the disputes about the conditions, the place and time of the technical inspection and maintenance of the car). The author expressed his opinion about the potential possibilities of using interactive information platforms to verify information about a product as a means of self-protection of consumer rights when buying and selling cars. Conclusions: the author insists on using a “flexible” approach in the field of application of the legislative norms when setting the deadlines for technical / repair work to eliminate malfunctions, and to count the entire period of the car’s stay on the territory of the service station within the specified period (currently, the judicial practice has taken the path of setting off only the time of the actual labor costs for repair work in the specified period according to the working schedule at the service enterprise). The author supports the position of the courts, which does not attach exceptional importance to the place and time of warranty repair and maintenance, and the protection of the interests of the consumer is not conditioned by the imperative requirements implanted in the service book. In the field of self-protection of the rights of car buyers, the author recommends wider use of the modern information platforms presented on the official websites of the state agencies, and the information obtained from these interactive platforms should be supported by the contract itself as its integral part.

2021 ◽  
Vol 1 ◽  
pp. 17-20
Author(s):  
Georgiy I. Pescherov ◽  

The article is devoted to the analysis of the problems of notaries in the law enforcement system of Russia in modern conditions. The author adheres to the scientific position of a wide range of the “law enforcement system”, where any activity in society should be aimed at ensuring the rights, freedoms and legitimate interests of citizens. Based on this, identifying the problems of notaries and their causes is the key to finding a rational solution towards the formation of the institution of notaries that meets the requirements of modern society. The main disputes of specialists are concentrated in the fluctuations between public and private notaries, as well as in the choice of a direction of development like the Latin notary and the introduction of the model of an active notary, where each direction has its own advantages and disadvantages. However, the process of development of society is endless and the ongoing globalization processes in the world require the unification of the activities of the notary, taking into account the national, ethnic and historical characteristics of states, which, ultimately, will significantly simplify economic and business cooperation between peoples of different countries.


2020 ◽  
pp. 31-39
Author(s):  
A. E. Nadechdin

Coronavirus restrictions initiated by the German government are not widely approved and supported in the country. Dissatisfaction expressed by certain groups of citizens finds reflection in various protests and acts of violence against representatives of the law enforcement agencies, which are regarded to be the main institutions overseeing adherence to the COVID-19 guidelines. The police have less room for maneuver because of the growing pressure amid the possible spread of nationalist and racist attitudes among the employees. The epidemic increases social and economic tensions, hostility in the society, the number of criminal acts especially in the field of street and financial crime. Apart from the locals, people with a migration background, refugees and in particular representatives of ethnically bound criminal groups commit felonies. The pandemic has an influence on the German foreign politics on a wide range of issues.


Wajah Hukum ◽  
2019 ◽  
Vol 3 (1) ◽  
pp. 89
Author(s):  
Beridiansyah Beridiansyah

The ongoing construction companies currently carry a wide range of impacts both positive or negative influence, these effects also impacted the habits on society in addressing any social problems that happen to be settled quickly and instantly, so the imposition of the will is not uncommon accompanied by acts of violence in the form of vigilantism and perform other unlawful acts by ignoring the presumption of innocence that we have adopted in the law enforcement system in our country. The purpose of writing this journal to find the cause of vigilantism on society. To know more about this then vigilantism in question is what is meant by vigilantism and crime and how the approach of criminology and criminal law against vigilantism. Act of vigilantism is a form of public disappointment against careless law enforcement agencies in addressing the problems faced by the community


2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.


SOEPRA ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 4
Author(s):  
Liya Suwarni

Background. Cases of sexual violence increase every year, victims ranging from adolescents, children to toddlers. Based on data from the Indonesian Child Protection Commission, abuse and violence against children in Indonesia in 2013 were 23 cases, in 2014 there were 53 cases, in 2015 there were 133 cases, 2017 reached 1,337 cases, and as of July 2018 there were 424 cases. Purpose. Knowing the factors that influence the law enforcement process of sexy violence cases in Semarang City. Method This study uses descriptive analytical methods for cases of violence against children, based on medical record data in hospitals, documents in Mapolrestabes, the District Attorney's Office and the Semarang City Court for the period of January 2015 to December 2018. Results. Based on research results obtained 213 experimental cases section from medical record data in hospitals in the city of Semarang. Most cases of child abuse occurred in 2018 with 72 cases. Most victims are 12-14 years old age group, female. Most types of cases are cases of intercourse. The majority of violations are persons known as victims, perpetrators not working, and most of the places of occurrence are in the defendant's house. At the time of prosecution and trial, the number of cases was significantly reduced to only 8 cases. Factors related to this include lack of evidence, difficulty in obtaining information from victims, convoluted statements of coverage, lack of election, and obtaining diversion rates. Conclusion Cases of sexual violence have increased from year to year. The process of law enforcement on this problem still has many difficulties in each manufacturing process which is still difficult to overcome.


Author(s):  
Andrew C. Willford

In 2006, dejected members of the Bukit Jalil Estate community faced eviction from their homes in Kuala Lumpur where they had lived for generations. City officials classified plantation residents as squatters and questioned any right they might have to stay. This story epitomizes the dilemma faced by Malaysian Tamils in recent years as they confront the collapse of the plantation system where they have lived and worked for generations. Foreign workers have been brought in to replace Tamil workers to cut labor costs. As the new migrant workers do not bring their whole families with them, the community structures need no longer be sustained, allowing more land to be converted to mechanized palm oil production or lucrative housing developments. Tamils find themselves increasingly resentful of the fact that lands that were developed and populated by their ancestors are now claimed by Malays as their own; and that the land use patterns in these new townships, are increasingly hostile to the most symbolic vestiges of the Tamil and Hindu presence, the temples. This book is about the fast-approaching end to a way of life, and addresses critical issues in the study of race and ethnicity. It demonstrates which strategies have been most “successful” in navigating the legal and political system of ethnic entitlement and compensation. It shows how, through a variety of strategies, Tamils try to access justice beyond the law-sometimes by using the law, and sometimes by turning to religious symbols and rituals in the murky space between law and justice.


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