CONSUMER PROTECTION AND ITS IMPACT ON INTERNATIONAL LOGISTICS

2020 ◽  
Author(s):  
M. S. Port
Keyword(s):  
Consumer Protection ◽  
Goods And Services ◽  
Basic Rights ◽  
Right To Information ◽  
The Right ◽  
Judicial Protection ◽  
Functional Areas

The paper considers the basic rights of consumers who purchase goods and services (the right to information, the right to safety and proper quality of purchased goods and services, the right to compensation for damages and judicial protection, the right to exchange goods or return them), and also reflects their impact on the functional areas of international logistics

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.

Refining the Right to Information in Vietnamese Consumer Law: Insights from Australia

2021 ◽  
Vol 16 (1) ◽  
pp. 61-83
Author(s):  
Lam Uyen Lu ◽  
Niloufer Selvadurai
Keyword(s):  
Consumer Protection ◽  
Critical Role ◽  
Consumer Welfare ◽  
Regulatory Framework ◽  
Law Reform ◽  
Legal Systems ◽  
Consumer Law ◽  
Similarities And Differences ◽  
Right To Information ◽  
The Right

AbstractIn upholding a consumer's right to information, regulations prohibiting misleading or deceptive conduct perform a critical role in supporting consumer welfare and encouraging equity in business and commerce. While Vietnam enacted a Law on Consumer Protection in 2010, its provisions in this area are limited in ambit and application. In order to improve the effectiveness of a consumer's right to information in Vietnam, it is useful to examine the Australia Consumer Law which has a sophisticated regulatory framework in this area. By comparing the laws prohibiting misleading or deceptive conduct in the Vietnamese Law on Consumer Protection and the Australia Consumer Law, this article identifies certain similarities and differences between the two legal systems, thereby clarifying shortcomings that can lead to inadequacies and inefficiencies of this area of the law and providing a platform for law reform in Vietnam.

scholarly journals The Effectiveness of Hospital Accreditation Implementation as a Protection Effort on Patient Information Rights

2018 ◽  
Vol 54 ◽  
pp. 03014
Author(s):  
Anggraeni Endah Kusumaningrum
Keyword(s):  
Improve Patient Safety ◽  
Legal Protection ◽  
Good Health ◽  
Hospital Services ◽  
Hospital Accreditation ◽  
Complex Organization ◽  
Right To Information ◽  
The Right ◽  
The Cost

This paper aims to analyze the effectiveness of the implementation of hospital accreditation in an attempt to provide legal protection of the right information of patients in hospital. The right to information stated on Article 7 and Article 8 of Law No. 36 of 2009 on Health as well as the shortcomings and advantages of health services. Along with the increasing awareness of the community to get good health service, raises the attitude of the critical patient. Patients no longer hesitate to ask the alternative treatment they will receive, whether in accordance with the cost incurred. The hospital is a complex organization because it is capital-intensive, energy, technology and various issues, covering the fields of law, economics, ethics, human rights, technology, and others with different principles and perspectives. The complexity of services in hospitals requires quality assurance and hospital service safety in the form of accreditation. Hospital accreditation is an acknowledgment given by an independent accrediting institution related to the assessment of the fulfillment of quality standards of hospital services on an ongoing basis. Therefore an accredited hospital is expected to effectively improve the quality of its services to their patients. The increased quality of hospital services will certainly improve patient safety and provide protection for patients.

scholarly journals Forms of consumer protection

2021 ◽  
Vol 59 (3) ◽  
pp. 227-267
Author(s):  
Dragan Vujisić ◽  
Milan Rapajić
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Administrative Procedure ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.

scholarly journals Shareholders' Right to Information − A Comparative Analysis of Hungarian and Romanian Company Law

2020 ◽  
Vol 9 (1) ◽  
pp. 39-62
Author(s):  
Zsolt Fegyveresi
Keyword(s):  
Comparative Analysis ◽  
General Meeting ◽  
Fundamental Principle ◽  
Company Law ◽  
Basic Rights ◽  
Company Limited ◽  
Right To Information ◽  
The Individual ◽  
The Right ◽  
Voting Right

"This study examines one of the basic rights of shareholders, the right to information in Hungarian and Romanian company law. The right to information is a non-property, organizational right originating from the shareholder’s membership right, which is related to the convening of the general meeting of the company limited by shares and the voting right that can be exercised there. The right to information is the individual right of the shareholder and the individual obligation of the company. The right to information belongs to all shareholders, regardless of the extent of their fi nancial contribution. The exercise of the right to information is a fundamental principle and serves the protection of the shareholder, but, in addition to its protective nature, it stands at the basis of the preparation of the decisions of the company’s shareholders."

scholarly journals Accountability of the media as seen by Spanish citizens

2021 ◽  
pp. 177-191
Author(s):  
Juan-Carlos Suárez-Villegas ◽  
Ruth Rodríguez-Martínez ◽  
Jesús Díaz-Campo
Keyword(s):  
Qualitative Methodology ◽  
Information Process ◽  
Economic Interests ◽  
The Public ◽  
The Media ◽  
Information Channels ◽  
Right To Information ◽  
Definition Of ◽  
The Right

This article analyses the opinions of citizens on the core values of the so-called Media accountability: truthfulness, independence, transparency, public participation and respect for peoples’ rights. It also analyses citizens’ perceptions of various deontological instruments to measure the effectiveness of compliance with these ethical values. The qualitative methodology used to carry out this analysis is part of the R+D+I research project “Accountability and Journalistic Cultures project in Spain. Impact and proposal of good practices in the Spanish media” (MediaACES), which has been achieved through six focus groups in different Spanish cities. The results of the analysis reflect the critical spirit of citizens towards the media due to the following factors: the absence of objectivity, the mixture of economic interests with their editorial line and an ambiguous participation of the public, which requires a better definition of their role within the information process. The conclusions derived from this analysis allow us to reflect on several aspects: among others, the competition in a deregulated market leads to infotainment and affects the quality of information, as well as the rights of people affected by the news. At the same time, the excess of information channels leads to greater disinformation, under the appearance of a spontaneous pluralism that is superfluous. Ethics, therefore, seems to be a necessary requirement to differentiate professional journalism from other inappropriate information channels and to guarantee the right to information of citizens.

Interpreting in Spanish criminal courts

2019 ◽  
Vol 5 (3) ◽  
pp. 307-318
Author(s):  
Francisco J. Vigier Moreno
Keyword(s):  
Mother Tongue ◽  
Essential Element ◽  
European Parliament ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
Spanish Speaking ◽  
Domestic Legislation ◽  
Right To Information ◽  
The Right

Abstract The quality of the interpreting carried out in criminal courts has come to the fore in Spain with the entry into force of domestic legislation transposing Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010, on the right to interpretation and translation in criminal proceedings, and Directive 2012/13/EU of 22 May 2012, on the right to information in criminal proceedings, which enshrines translation and interpreting as an essential element within procedural guarantees. The TIPp project was aimed at developing resources that facilitate court interpreters’ tasks based on the data obtained from a representative corpus of authentic interpreter-mediated criminal proceedings. In this contribution we describe and analyse the corpus, highlighting aspects such as the interpreter’s mother tongue, the type of offence that was tried, the procedural situation of the non Spanish-speaking user and whether there was whispered interpreting or the interpreter was given any instruction.

scholarly journals Industrial Seigniorage: The Other Face of Competition

2016 ◽  
Vol 49 (2) ◽  
pp. 286-302
Author(s):  
Jordan Melmiès
Keyword(s):  
Social Issues ◽  
Old French ◽  
Base Metals ◽  
Profit Margins ◽  
Goods And Services ◽  
Industrial Sectors ◽  
Exploratory Investigation ◽  
The Right ◽  
Gold Coins

This paper presents a novel perspective on industrial practices in modern competitive capitalist economies, questioning, in particular, the link between prices, competition, and the quality of goods and services. It tries to characterize a business practice that consists in reducing prices and maintaining (or increasing) profit margins by reducing the quality of goods and services while still presenting them as the same as before. The paper is primarily concerned with the practice of producing inferior quality goods by reducing the quantity of inputs used in the production process, or mixing inputs with cheaper constituents. The proposed term for this practice, “industrial seigniorage,” is based on the historical privilege of feudal lords (from Old French seigneur), who—possessing the right to mint gold coins—made a profit by adding cheaper base metals to the bullion. The present, essentially exploratory investigation attempts to delineate the widespread existence of such practices in various industrial sectors. It strives to explain the fundamental elements of consumer behavior that enable this practice to exist and discusses the effects of industrial seigniorage on several social issues. The attempt of the paper is finally to show that contrary to the ideology of capitalism, competition does not necessary lead to benefits for consumers or to an increase in product quality.

PERLINDUNGAN KONSUMEN TERHADAP PENGGUNAAN KOSMETIK YANG TIDAK TERDAFTAR PADA BPOM

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Triyana Syahfitri
Keyword(s):  
Consumer Protection ◽  
Drug Product ◽  
Goods And Services ◽  
Food And Beverages ◽  
Consumer Protection Act ◽  
The Government ◽  
The Right

Consumer Protection Act Article 4 letter a which states that consumers have the right to comfort, security and safety in consuming goods and / services, so that goods circulated in the market must go through an Official Independent Institution formed by the Government which functions to oversee the circulation of each drug product, food and beverages circulating in Indonesia, namely the Food and Drug Supervisory Agency (BPOM). The BPOM Code is given as a guarantee that the goods consumed are healthy or harmless if consumed. Products that have been coded BPOM means that consumers use products that have safe quality and do not endanger health. But in reality there are still many markets on the product that are without the BPOM code, for example products in the form of female cosmetics.    

scholarly journals Liability for Violating Standards in Shia Jurisprudence and Iranian Law

2021 ◽  
Vol 8 (3) ◽  
pp. 56
Author(s):  
Morteza Chitsazian
Keyword(s):  
Quality Standards ◽  
Critical Importance ◽  
Goods And Services ◽  
Liability Law ◽  
Iranian Law ◽  
Significant Harm ◽  
Moral Damage ◽  
Harm To Others ◽  
The Right

Standards are of critical importance for protecting public health and ensuring the integrity of transactions and the consistency of the quality of goods and services. Violation of standards can do significant harm to individuals and the society as a whole. Since people are entitled to the right of consuming goods with adequate safety and quality, standards themselves can be considered a civil right. The issue of damages and compensation in relation to the violation of standards has been addressed in Iranian law as well as Shia jurisprudence. In Shia jurisprudence, causing harm to others makes a person liable to coercive action and compensation. According to Article 1 of the Iranian Civil Liability Law, anyone who has intentionally or unintentionally caused material or moral damage to another person’s life, health, property, liberty, dignity, business reputation or any other right that the other person is entitled to by law is liable for compensation for the damages caused by his action. In this article, we examine the jurisprudential arguments that support the necessity of enforcing standards and the liabilities that arise from violation of standards in Iranian law. In this regard, Quran verses and hadiths call for accuracy and consistency in all matters, honesty in work, and respect for laws.  The Shia jurisprudential principles that call for the observance of standards include La-zarar (no-harm), Tasbib (causation), and Ghorur (deception). Therefore, there is a strong foundation in Shia jurisprudence for enforcing standards. However, Iranian law requires stronger laws with harsher punishment for violators to prevent negligence in complying with standards.

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