ZAŠTITA POTROŠAČA NA TRŽIŠTU DIGITALNE IMOVINE

2021 ◽  
pp. 369-381
Author(s):  
Borko Mihajlović ◽  
Keyword(s):  
Comparative Analysis ◽  
Consumer Protection ◽  
Main Subject ◽  
Consumer Law ◽  
Legal Provisions ◽  
Digital Assets ◽  
The Eu

Increased importance and availability of different forms of digital assets have resulted in increased consumers’ interest to conduct transactions with this specific type of assets. Increased consumers’ presence on the markets for digital assets has become one of the major challenges that modern consumer law encounters. The main risk faced by consumers who trade with different forms of digital assets arises from their instability and volatility. For that reason, the possibility of a loss of invested means is significantly higher compared to other similar marketplaces. The main subject of this paper is a review of basic mechanisms of consumers’ protection on the markets for digital assets. The review has been based on a comparative analysis of the Serbian Law on Digital Assets and of the EU Proposal for a Regulation on Markets in Crypto-assets. Before the analysis of concrete legal provisions on consumer protection has been made, the author indicates to certain traits of digital assets and problems and risks that consumers face in this innovative and dynamic marketplace.

Consumer Protection in the EU Conflict-of-Laws Framework

2019 ◽  
Vol 18 (1) ◽  
pp. 169-193
Author(s):  
Carlos Llorente
Keyword(s):  
Consumer Protection ◽  
Conflict Of Laws ◽  
Consumer Law ◽  
Cross Border ◽  
Consumer Contracts ◽  
Centre Of Rotation ◽  
Globalized World ◽  
Rome I ◽  
Insight Into ◽  
The Eu

Consumer law nowadays pervades all areas of activity where consumers are present. The EU, along with its Member States, is probably one of the leading actors in promoting consumer protection. Also, in a globalized world, where the fact of being a consumer is a valuable asset (given their purchasing power), the cross-border implications of consumer contracts need to be effectively tackled by legislators. The EU has tried to address global legal concerns concerning consumer contracts by producing conflict-of-law rules such as article 6 of the Rome I Regulation and others contained in specifically-focused directives. This article reviews the scope and application of those rules and offers some insight into the not-so-well construed interaction between them all, keeping in mind that article 6 of the Rome I Regulation should be the centre of rotation of all EU PIL law in this field.

DIGITALNA IMOVINA U PRAVNOM SISTEMU SRBIJE: OSNOVNE KARAKTERISTIKE

2021 ◽  
pp. 595-609
Author(s):  
Borko Mihajlović ◽  
Keyword(s):  
Small Group ◽  
Short Review ◽  
State Legislators ◽  
Main Subject ◽  
Legal Regime ◽  
Scope Of Application ◽  
Modern Technologies ◽  
Digital Assets ◽  
The Eu

Increased importance and availability of different forms of digital assets have resulted in an increased interest of state legislators around the globe for this type of application of modern technologies in the area of finance. Serbian law belongs to a small group of legal systems that already possess comprehensive regulation of digital assets. The main subject of this paper is the analysis of crucial characteristics of the Serbian legal regime of digital assets, with a short review of the solutions contained in the EU Proposal for a Regulation on Markets in Crypto-assets. The analysis has been conducted by determination of the most important characteristics of the Serbian Law on Digital Assets, considered to be the most relevant for its future implementation: 1) defining the main types of digital assets; 2) clear determination of the scope of application of the rules on digital assets; 3) comprehensive regulation of the entire market in digital assets through prescribing rules on the issuance and secondary trading of digital assets, as well as the rules on all market actors present in the digital assets market. A review of the main benefits and risks and problems concomitant to digital assets precedes the analysis of mentioned characteristics of digital assets.

Problems Faced by Consumers in E-Commerce Transactions With Special Emphasis on Digital Economy in India and the European Union

2020 ◽  
pp. 89-107
Author(s):  
Unanza Gulzar
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Consumer Protection ◽  
Regulatory Mechanism ◽  
The European Union ◽  
Consumer Perspective ◽  
Eu Directives ◽  
Transparency And Disclosure ◽  
The Eu ◽  
Made In

The chapter critically analyzes the defies consumer faces in e-commerce transaction like jurisdictional issues, privacy, and other issues. It also focuses on the EU directives and position of India with reference to e-commerce. Further, it highlights the nature of problems and challenges consumers face while making digital purchases, the need for more transparency and disclosure on the part of traders, and how the EU directives and Indian Consumer Protection Bill 2018 can play an important role in protecting the consumers. Moreover, the chapter highlights the regulatory mechanism of both EU and India and makes a comparative analysis of two. The chapter also deals with new changes made in India like e-commerce draft policy 2018. Last but not the least, to give an outline of consumer inclinations, opinions are expressed in order to present an overall picture of existing situations from the consumer perspective.

scholarly journals Consumer Protection in the Slovak Republic and Protection of Air Passengers’ Rights

2018 ◽  
Vol 11 (40) ◽  
pp. 217-227
Author(s):  
Hana Magurová ◽  
Matej Horvat ◽  
Mária Srebalová
Keyword(s):  
Consumer Protection ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Private Law ◽  
Eu Law ◽  
Basic Principles ◽  
Legal Norms ◽  
Consumer Law ◽  
Tourism Services ◽  
The Eu

Abstract The authors analyse a legal regulation of consumer protection in the Slovak Republic, comprised (among others) the Civil Code, the Act on Consumer Protection and the Act on Consumer Protection in Provision of Certain Tourism Services. They refer to the specifics of consumer law, which undermines the basic principles of private law (the principle of equality of the involved parties and the principle of the dominance of dispositive legal norms), because it primarily serves for the protection of a weaker party of the consumer agreement - a consumer. They focus on the claims of consumers - air passengers. The conclusion is that air passengers’ rights drive mainly from the EU law. They also present a survey regarding air passengers’ rights and propose suggestions on how to improve their satisfaction. The aim of a paper is to start a discussion on air passengers’ rights because the number of air passengers increases.

scholarly journals LEGAL REGULATION OF LIABILITY FOR OFFENSES IN THE FINANCIAL SPHERE IN THE EU COUNTRIES AND UKRAINE: COMPARATIVE ANALYSIS

2019 ◽  
Vol 4 (5) ◽  
pp. 276
Author(s):  
Dmytro Pryimachenko ◽  
Tetiana Minka ◽  
Volodymyr Marchenko
Keyword(s):  
Comparative Analysis ◽  
Financial Sector ◽  
Tort Law ◽  
Legal Regulation ◽  
State Regulation ◽  
European Countries ◽  
Legal Study ◽  
Eu Countries ◽  
Legal Provisions ◽  
The Eu

The aim of the article is to conduct a comparative analysis of the legal principles for liability in the financial sphere in the EU and Ukraine and to define ways of domestic legislation improvement on this basis. The subject of the study is the experience of European countries in the state regulation of liability for financial offenses. Methodology. The study is based on a comparison of foreign experience in the legal regulation of liability for financial offenses on the example of European states with the status of the national tort law in this area. The use of general scientific and special scientific methods and techniques of scientific knowledge enabled to characterize the national experience of the legal regulation of legal liability for committing financial offenses by the coverage of the provisions of the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, and the Tax Code of Ukraine, as well as its comparison with the experience of the legal regulation of liability for offenses in the financial sector on the example of France, Germany, Latvia, Spain, Sweden, Greece, and other EU countries. The results of the comparative legal study revealed that contrasting the EU member states, the national model of the legal regulation of liability for offenses in the financial sector is characterized by multi-levelness and varying degree of severity of punishment. Practical implications. It is proved that the mechanism of the legal regulation of liability for financial offenses in Ukraine is more improved than in European countries because of the legal provisions with a strict codification of financial offenses, their differentiation into administrative delicts and criminal offenses that enables to impose milder state sanctions on those acts that do not pose a significant social danger. Relevance/originality. A comparative legal study of the experience of the legal regulation of liability for financial offenses provides a better understanding of the prospects for the development of national administrative tort law in this area.

scholarly journals The Concept of Transnational Consumer Law in the Modern World

Lex Russica ◽  
2019 ◽  
pp. 20-28 ◽  
Author(s):  
O. V. Muratova
Keyword(s):  
Consumer Protection ◽  
Social Regulation ◽  
Modern World ◽  
American Business ◽  
Consumer Law ◽  
Contractual Relationship ◽  
Contractual Relations ◽  
Lex Mercatoria ◽  
The Impact ◽  
The Eu

The article is devoted to the analysis of changes that have taken place in the regulation of cross-border contractual relations with the participation of consumers in connection with the development of information and telecommunication technologies and e-commerce. The author examines the concept of «transnational online contract» and the influence of a «digital element» on the characteristics of contractual relations. Also, the paper provides for the classification of online contracts with due regard to: 1) the subject matter of the online contract; 2) characteristics of the parties involved in the online contractual relationship; 3) the process of concluding and executing the online contract.Attention is drawn to the fact that new methods of conclusion of contracts has predetermined the emergence of new approaches to qualification of certain aspects of contractual relations between the parties, in particular, it concerns determining the moment of contract conclusion, distinguishing between offer and invitation to offer in online interaction, assessing the validity of online contracts and dispute resolution mechanisms online.The article analyzes the impact of globalization of trade on consumer markets, mechanisms of regulation of transnational consumer relations in the context of e-commerce. It is noted that globalization of trade has pointed to the need to develop a transnational approach to the regulation of e-commerce, to unify and harmonize relevant legal instruments. The author examines the steps taken in this direction within the framework of UNCITRAL, the EU, by the representatives of American business. It is concluded that the US policy concerning consumer protection is aimed at implementation of economic interests of business, which promotes competition and commercial prosperity in the market, but at the same time puts consumers at risk when concluding online contracts. This approach runs counter to the EU policies that promote implementation of social regulation in order to maximize consumer protection.The authors consider Lex mercatoria as a separate source of transnational consumer law.

Russian Policy of Agriculture Support and the Necessity of Its Modification after WTO Accession

2012 ◽  
pp. 132-149 ◽  
Author(s):  
V. Uzun
Keyword(s):  
Comparative Analysis ◽  
World Trade Organization ◽  
Agricultural Production ◽  
World Trade ◽  
The Us ◽  
The World ◽  
Wto Accession ◽  
The Eu ◽  
Agriculture Support

The article deals with the features of the Russian policy of agriculture support in comparison with the EU and the US policies. Comparative analysis is held considering the scales and levels of collective agriculture support, sources of supporting means, levels and mechanisms of support of agricultural production manufacturers, its consumers, agrarian infrastructure establishments, manufacturers and consumers of each of the principal types of agriculture production. The author makes an attempt to estimate the consequences of Russia’s accession to the World Trade Organization based on a hypothesis that this will result in unification of the manufacturers and consumers’ protection levels in Russia with the countries that have long been WTO members.

Cherneha O. B., Chepurnova A. V. COMPARATIVE ANALYSIS OF UKRAINE AND POLAND FOOD SECURITY LEVELS

2019 ◽  
pp. 9-17
Keyword(s):  
Food Security ◽  
Comparative Analysis ◽  
Rural Development ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
Public Spending ◽  
Development Program ◽  
Rural Development Program ◽  
Security Levels ◽  
The Eu

Objective. The purpose of the article is to compare the levels and mechanisms of food security management in Ukraine and Poland, to identify the main factors influencing the processes of its formation and to determine the directions of increasing the level of Ukraine food security. Methods. The scientific results of the study were obtained using the following methods: theoretical generalization and comparison (for the study of meaningful aspects of the definition of «food security»), analysis and synthesis (for comparative analysis of Ukraine and Poland food security levels), abstract-logical method (for establishing the links between the level of economic development of countries and the levels of their food security and determining the directions of increasing the Ukraine level of food security). Results. On the basis of a comparative analysis of Ukraine and Poland food security levels, a significant gap in Ukraine’s provision of food security has been identified. Thus, with respect to all food security components identified by FAO, except for the «use» of sanitary and safe drinking water, Poland has reached far ahead of Ukraine. It has been found that for the period 2012–2018, the value of the Global Food Security Index for Ukraine decreased by 2.1 due to a decrease in the level of affordability and availability of food, while the Polish side increased its position on GFSI by 2.8 due to the increase in affordability and availability of food in the country. It has been found that the decisive influence on the level of food security in Poland, as well as high ranking in the ranking is carried out by the EU Common Agricultural Policy (CAP), the implementation of the Polish Rural Development Program and significant public spending on agriculture. It has been determined that the main directions for improving the level of food security of Ukraine should be: lifting the moratorium on the sale of agricultural land; financing the agri-food sector not only through public spending but also through EU programs; creation and implementation of the National Rural Development Program; full and unconditional implementation of Government programs on EU integration; adaptation to the EU Common Agricultural Policy standards.

A comparative analysis of the lay-friendliness of Danish EU patient information leaflets from 2000 to 2012

2014 ◽  
Vol 11 (3) ◽  
Author(s):  
Inger Askehave ◽  
Karen Korning Zethsen
Keyword(s):  
Comparative Analysis ◽  
Patient Information ◽  
Patient Information Leaflet ◽  
General Interest ◽  
Information Leaflet ◽  
Empirical Results ◽  
Patient Information Leaflets ◽  
Information Leaflets ◽  
The Subject ◽  
The Eu

Since becoming mandatory in the EU in 1992, the patient information leaflet (PIL) has been the subject of an on-going discussion regarding its ability to provide easily understandable information. This study examines whether the lay-friendliness of Danish PILs has improved from 2000 to 2012 according to the Danish consumers. A reproduction of a questionnaire study from 2000 was carried out. The responses of the 2012 survey were compared to those of the 2000 survey and the analysis showed that Danes are less inclined to read the PIL in 2012 compared to 2000 and that the general interest in PILs has decreased. The number of respondents who deem the PIL easy to read has gone down. According to Danish consumers, the lay-friendliness of PILs has not improved from 2000 to 2012 and a very likely explanation could be that the PIL as a genre has become far too regulated and complex to live up to its original intentions. On the basis of the empirical results the article furthermore offers suggestions for practice changes.

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