ACTUAL PROBLEM OF THE CONSUMER WHEN PURCHASING GOODS OF POOR QUALITY

2020 ◽  
Author(s):  
Денис Александрович Каламбет
Keyword(s):  
Poor Quality ◽  
Actual Problem ◽  
Consumer Rights ◽  
The Law

Каждый день мы делам покупки в сфере торговли. И зачастую мы видя заманчивые предложение в организациях торговли введемся на их предложения, забывая прежде всего о качестве. Зачастую сталкиваемся с товарами реализуемые с ненадлежащим качеством и появлением в этих товарах недостатков. При осуществлении покупки некачественного товара потребитель не всегда принимает соответствующие меры, а написав претензию и наткнувшись на отказ продавца, обменять товар или вернуть деньги. И в законе, не определена ответственность владельца магазина за продажу недоброкачественного товара, не определена обязанность суда взыскать с продавца штраф за продажу товара ненадлежащего качества, а так же не понятна новая формулировка в законе «О защите прав потребителей» «неопределенный круг лиц», редко обращается в суд. Every day we do business shopping in the field of commerce. And often when we see a tempting offer in trade organizations, we will introduce ourselves to their offers, forgetting first of all about quality. Often we encounter goods sold with inadequate quality and the appearance of deficiencies in these goods. When making a purchase of low-quality goods, the consumer does not always take appropriate measures, but after writing a claim and stumbled upon the seller’s refusal, exchange the goods or return the money. And in the law, the responsibility of the store owner for the sale of defective goods is not defined, the court’s obligation to recover a fine from the seller for the sale of goods of inadequate quality is not defined, and the new wording in the law “On Protection of Consumer Rights” “an indefinite circle of people” is rarely understood appeals to the court.

scholarly journals A simplification of the Consumer Rights Act. Plain legal language and legal language

2021 ◽  
Vol 11 ◽  
pp. 45-71
Author(s):  
Natalia Zych
Keyword(s):  
Effective Communication ◽  
Legal Language ◽  
Consumer Rights ◽  
Legal Texts ◽  
Average Reader ◽  
The Law ◽  
The Cost

The article examines the idea of plain legal language as a standard in creating comprehensible and effective communication in legislative acts. It features plain legal language techniques and tools used to tackle the visual and linguistic layer of legal texts. Selected techniques were implemented to experimentally modify the Polish Consumer Rights Act of 30 May 2014. The document, transformed in the spirit of plain legal language, was then submitted for assessment to lawyers as well as individuals with no legal background. The article features the results of the experiment as well as conclusions which make it possible to say whether the “simplified” act is more comprehensible to an average reader, and to assess the cost of the changes introduced in the original provisions of the law.

scholarly journals THE IDEA OF FRANCHISE AS A MODERN CONCEPT OF ENTERPRISE MANAGEMENT: THE EXPERIENCE OF POLAND

2020 ◽  
Vol 19 (Vol 19, No 2 (2020)) ◽  
pp. 265-282
Author(s):  
Stanisław SZMITKA
Keyword(s):  
Code Of Ethics ◽  
Cost Effective ◽  
Enterprise Management ◽  
Modern Concept ◽  
Legal Regulations ◽  
Industrial Property ◽  
Consumer Rights ◽  
The World ◽  
European Code ◽  
The Law

Over the years, the franchise has become an attractive model for the sale of products and services, as well as a means of developing the franchisor’s business. Franchising systems around the world have become very popular among franchisees, who receive an already proven cost-effective business model in exchange for payments, purchases and other services from the franchisor. These systems also bring intangible benefits in the form of encouraging the promotion of entrepreneurship in society. Polish franchise legislation has systematic nature and is based on the Civil Code, the Law on Industrial Property, the Law on Combating Unfair Competition, the Law on Protection of Competition and Consumer Rights, the Law on Copyright and Related Rights, European Code of Ethics for Franchising. Taking into account the legal regulations, the mechanism of the Polish model of franchising is revealed and the newest forms of its use in business activity are distinguished.

PENAHANAN PELAKU TINDAK PIDANA DI BAWAH UMUR OLEH PENYIDIK DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 3 TAHUN 1997 TENTANG PENGADILAN ANAK

2016 ◽  
Vol 2 (2) ◽  
pp. 157-170
Author(s):  
Adi Sujarwo ◽  
Endeh Suhartini ◽  
Ju Naidi
Keyword(s):  
Juvenile Justice ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Actual Problem ◽  
Legal Perspective ◽  
Close Relationship ◽  
The Law ◽  
Police Detention ◽  
Almost All

Delinquency problem is the actual problem, in almost all the countries in the world, including Indonesia . Attention to this issue has a lot of thought poured out, either in the form of discussions and seminars which have been held by organizations or government agencies that close relationship with this problem. In a legal perspective, the problem of theft is a criminal act (delict) plaguing the society , in Article 362 Code of Criminal Law of the theft said, " Whoever took the goods wholly or partially belongs to another person , with intent to have unlawful , punishable due to theft, with a maximum imprisonment of 5 ( five ) years or a fine of nine hundred dollars. However, the rules of Article 362 Book of the Law of Criminal Law of the theft and criminal application against minors regulated in Article 26 paragraph (1), 27 and 28, paragraph (1) of Act No. 3 of 1997 on Juvenile Justice , stipulates that the maximum legal threats meted out to convicted child is ½ of the maximum threat of criminal provisions will apply. This study uses a normative approach , in that the data from the literature and from the field as input and information in order to obtain an answer. The results of this research that the detention of offenders under the age of 3 was associated with the Law No. 1997 on the Juvenile Justice conducted an investigation into juvenile delinquents by the investigator children who have an interest, attention, dedication and understanding the problem child. Legal protection of the child as a criminal in the process of investigation has not been in accordance with Law No. 3 of 1997 on Juvenile Justice. Police to interrogate suspected child should distinguish processes and work systems of the investigation and adult actors. Status of child offenders under the custody process by investigators in Bogor City Police Detention by the investigator or prosecutor young child or children with the determination of the judge, in a case and in the manner provided for in the law No.11 of 2012 and the Criminal Procedure Code, determine that the suspect or the accused may be detained. Because there is the term "may" be detained, the detention of children is not always meant to do, so in this case the investigator expected to strongly consider if the detention of children. According to Article 21 paragraph (1) Criminal Code

10. Exemption clauses and legislation

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Consumer Rights ◽  
Different Types ◽  
The Law ◽  
Definition Of ◽  
Standard Terms

This chapter deals with the statutory policing of exemption clauses under the Unfair Contract Terms Act 1977 (UCTA) and addresses the changes to the law made by the Consumer Rights Act 2015. It explains the structure of UCTA and how to use it. It considers the different types of situations in which exemption clauses fall within it, under different sections (eg s2 negligence, s3 written standard terms of business, s6 and s7 goods contracts), and the need to consider whether a section renders a clause automatically ineffective or subjects it to the requirement of reasonableness. It looks at the application of the requirement of reasonableness and factors which have been identified as significant, such as the potential for insurance, the availability of alternatives, and reasons for a level of limitation. It considers the meaning of the UCTA’s definition of ‘deals as consumer’.

scholarly journals ROLE FORENSIC TRADE ANALYSIS WHILE HEARING CONSUMER PROTECTION CASES

2019 ◽  
Vol 19 (1) ◽  
pp. 406-416
Author(s):  
O. Dontsova ◽  
G. Sich
Keyword(s):  
Consumer Protection ◽  
Human Life ◽  
Poor Quality ◽  
The State ◽  
The European Union ◽  
Goods And Services ◽  
Consumer Rights ◽  
Major Player ◽  
The Right

This article content is aimed at characterization of urgent problematic issues, which are connected with determining the place of forensic expertise in cases related to the protection of consumer rights and the development of ways of solving emerging problems. The article emphasizes that in accordance with the current legislation, consumers have the right to protect their rights to the necessary quality, safety of goods and services, as well as the right to compensation for losses caused by goods of inadequate quality, dangerous to life and health, etc. It is determined that the main control in the sphere of trade is exercised by the State Service for Product Safety and Consumer Protection, and it is established that the problems are the inability of this service to carry out an instant check on a consumer complaint of a particular point of sale. At the present stage, the problem of citizens' rights including rights in the sphere of consumption, is extremely urgent, because accession of Ukraine to the European Union requires the application of European standards of product quality. In developed country, the consumer is a major player in market relations, which is focused on the production and improvement of the quality of goods and services. The application of sanctions to sellers, manufacturers of poor-quality products does not always give the necessary effect, because usually an unscrupulous manufacturer (seller, executor) pays a fine and continues to provide poor quality services, to supply products that are dangerous to life and health. Important factor in improving the quality of products and services provided is the legal knowledge of consumers themselves in protecting their rights. Consumer rights have a prerogative over the rights of sellers and producers, since human life and health under the Constitution of Ukraine is a fundamental value of the state. The authors described the actions that the consumer should take to protect their violated rights, and emphasized that in cases where the consumer seeks to restore justice for this issue, he should ask an expert institution to perform a forensic trade research.

scholarly journals PRINSIP KEADILAN DAN KESEIMBANGAN DALAM PENENTUAN NILAI TUKAR BARANG (HARGA) PERSPEKTIF ISLAM DAN HUKUM PERLINDUNGAN KONSUMEN

2014 ◽  
Vol 6 (2) ◽  
Author(s):  
Iffaty Nasyiah
Keyword(s):  
Exchange Rate ◽  
Consumer Protection ◽  
Islamic Law ◽  
Consumer Rights ◽  
Production Values ◽  
The Law ◽  
The Exchange Rate ◽  
The Right

The Law No. 8 of 1999 about Consumer Protection Article 4 letter b said that one of consumer rights, namely the right to select and obtain goods in accordance with the exchange rate. Not found in authentic explanation regarding this exchange rate, if the exchange rate is the exchange rate that is in accordance with the agreement between the seller and the buyer, or in accordance with the production values or the exchange rate that corresponds to the price market, this then raises the question of free interpretation among the businessmen that the exchange rate is determined only by the desire of businessmen and weighing of benefits desired by businesses alone, so that entrepreneurs are allowed to set the exchange rate goods many times from the value of its production. In Islamic law is not found the rules regarding the determination of the limits of this exchange rate, but Islam is a tolerant religion, including in determining the exchange rate as the words of the Prophet Muhammad: "May Allah have mercy to a tolerant person (easy) when it sells, tolerant when buying, tolerant when fulfilling the obligation and tolerant when claiming its rights”. (HR. Bukhari from Jabir)

scholarly journals The use of molecular-biological research methods to detect the falsification of livestock products

2018 ◽  
Vol 20 (83) ◽  
pp. 417-419
Author(s):  
B.I. Nazar ◽  
H.V. Kushnir
Keyword(s):  
Research Methods ◽  
Molecular Genetic ◽  
Meat Products ◽  
Accurate Method ◽  
Poor Quality ◽  
Biological Research ◽  
Actual Problem ◽  
Heat Treated ◽  
Livestock Products ◽  
Gel Isoelectric Focusing

The article provides information on the use of molecular research methods to determine the species belonging to the protein of animal and plant origin, the discovery of genetically modified plants to prevent the falsification of products. Actual problem is the identification and implementation of histological researches and methods of PCR control of meat products, which allow differentiating the constituent components of samples, since all meat products, passing the stage of technological processing, and in the finished form mainly preserve their morphological features. The use of genetic technology for analyzing the quality of food products for humans and animal feeds is conditioned by the need for a sensitive, rapid and accurate method to prevent and detect falsifications. The complexity of determining the species composition of the protein is that the heat-treated forages (meat-bone meal, fishmeal, granulated feed, dry and canned feeds for cats and dogs) contains denatured proteins that have completely lost their specificity. Methods, such as immune diffusion in gel, isoelectric focusing, used for the identification of raw meat, in this case are unsuitable. The use of the RID method does not make it possible to determine the specificity of animal proteins already after a heat treatment at 80 °C. for 30 minutes. Meanwhile, using molecular genetic techniques, in particular PCR, one percent of beef can be detected, which was heat treated at 120 °C for 10 minutes after 30 cycles of amplification and 0.1% after 35 cycles. The introduction of screening and confirmatory methods of PCR detection of counterfeit foodstuffs, feeds and feed materials allows for effective and prompt detection of cases of fraud, preventing the entry into the circulation of poor quality products and feed, reducing the productivity and poisoning of animals and, as a consequence, obtaining safe and high-quality livestock products.

scholarly journals PROBLEMS OF CRIMINAL LAW ASSESSMENT OF THE ABUSE OF CONSUMER RIGHTS

2020 ◽  
Vol 30 (5) ◽  
pp. 753-762
Author(s):  
V.V. Rovneiko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Opposite Effect ◽  
Civil Law ◽  
Poor Quality ◽  
Consumer Rights ◽  
The Supreme Court ◽  
Type Of Abuse ◽  
The Russian Federation ◽  
Weak Side

The legislation and practice of its application are based on the priority of protecting the rights of the consumer, which is known to everyone: "The client is always right". Assigning the weak side status to the consumer (buyer) has the opposite effect. The buyer gets a significantly larger amount of rights. Unscrupulous consumers began to derive property benefits from this situation, abusing the preferences granted to them: they are increasingly declaring purchased goods to be of poor quality, refusing to settle disputes with retailers and manufacturers peacefully, and suing them. The phenomenon is called "consumer extremism". Consumer extremism is not only a civil law phenomenon (a type of abuse of rights), it also has signs of criminal fraud. It is necessary to make additions to the current resolution of the Plenum of the Supreme Court of the Russian Federation so that general explanations can be fully applicable to cases of consumer extremism.

scholarly journals CYBER CRIME DAN PERLINDUNGAN KONSUMEN

2018 ◽  
Author(s):  
Fransiska Novita Eleanora
Keyword(s):  
Computer Crime ◽  
Cyber Crime ◽  
Consumer Rights ◽  
Result Show ◽  
The Law

computer crime (cyber crime) is a crime harm the consumers, especially in the field of commerce between business perpetrators and consumers. The method is bibliography study, the result show that the law of protection consumer ordinance (UUPK) cannot reach or give protection to consumers in particular which to cyber crime because the law is assumed to be week in doing in tackling and protection related to consumer rights.

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