Договоры возмездного оказания услуг по законодательству России и Казахстана

The article analyzes the conceptual foundations of the formation of a system of protection of the rights and legitimate interests of consumers. With the help of the dialectical method, a complex of general and special scientific methods, the essence of civil legal protection of consumer rights and organizational, legal and economic aspects of consumer protection have been clarified. The necessity of development and approval of unified standards for rendering financial services to consumers has been demonstrated. The main directions of formation and implementation of the policy of consumer rights protection in the field of trade and provision of financial services, with emphasis on digitalization of relevant legal relations, have also been determined. In the conclusions, the desirability of developing and consolidating, at the normative level, the Comprehensive Program for the Implementation of the State Policy on the Protection of the Rights of Financial Services Consumers for 2023-2027 is substantiated. Finally, arguments were presented to complement the legislation in the field of consumer relations with other normative legal acts in order to guarantee the protection of consumers’ rights.

The article deals with the peculiarities of the state regulation of credit relations in Ukraine and other countries of the world. Special attention is devoted to problems of protection of the rights of individuals-borrowers and the liability of financial institutions for violation of the terms of the loan agreements.
 The authors draw attention to the imperfection of the domestic state regulations in protecting the rights of consumers of financial services. On the basis of analysis of normative sources, concludes that in Ukraine the rights of borrowers is implemented using the General civil-law methods, such as payment of penalty and compensation for damages and contractual penalties. Provides that when the borrower relationship involved a natural person, are also considered statutory provisions of the legislation on protection of consumer rights. The majority of legal provisions contained in the same law and to establish penalties for the violation of consumer rights does not apply to the provision of financial services. It is concluded that in connection with the above, means of influence on the creditor in the contract there are only penalties provided for by the parties themselves.
 Due to the fact that today there is no possibility of application of the financial, administrative and criminal sanctions against credit institutions for violations of the rights of consumers of financial services, the authors made proposals on improving legislation in this sphere. In particular, it is proposed to determine the grounds and amount of payment of legal damages by a creditor for non-fulfillment of their obligations established by contract or by law; to develop the procedure and consequences of termination of the contract of consumer credit in connection with the failure of obligations of third parties (seller, executor). The necessity of regulatory consolidation of financial sanctions, administrative and criminal responsibility of managers of financial institutions for violation of credit services; the possibility of suspension, termination or revocation of appropriate licenses.

Counterfeit and pirated products pose a threat to the economic security of the state, consumers, and the environment, this requires a comprehensive approach to strengthening the protection of IP rights. Counterfeiting is a massive, growing global threat. The most common problems are counterfeits, analogues/copies and gray market/parallel imports. One of the keyreasons for the growing challenge is the economic downturn, the pandemic, the growth of online marketplaces and direct-to-consumer sales. The importance of brand protection is also evidenced by the fact that trademarks (EU, national and/or international) are the most counterfeited types of IP rights (93% of seized goods) in the EU domestic market. Most counterfeiting criminals are found on fake foreign websites or large trading platforms, social networks play a significant role in sales and e-commerce. Using the WIPO Global Brand Database, having a registered trademark in all countries where the company plans to do business, adopting a global monitoring strategy (manual and automated), using authentication technology with marking technology are effective measures to combat unfair competition. In order to combat dishonest brand registrations, it is proposed to: include in the Law of Ukraine «On the Protection of Rights to Marks for Goods and Services» a norm regarding the bad faith of the applicant as an absolute ground for refusal of registration; to Article 4 of the Law of Ukraine “On Protection from Unfair Competition” include the domain name; to Art. 28-1 of the norm that the deadline is not established for filing a claim for cancellation or prohibition of the use of signs registered or used in bad faith. The implementation of the provisions of the EU Digital Services Act (Digital Services Act), Directive 2005/29/EC regarding unfair commercial practices and the unification of the norms of the Laws «On the Protection of Consumer Rights» and «On the Protection from Unfair Competition» will increase the legal protection of consumer rights and entrepreneurs who will be able to use a single regulatory framework based on clearly defined legal terms that regulate all aspects of unscrupulous commercial activity on the territory of Ukraine and the EU.

. The institution of a financial ombudsman significantly affects the procedure for protecting the rights of consumers of financial services. The problem is that the protection of consumer rights in the courts is complicated by the factual double mandatory pre-trial procedure for resolving a dispute, in which, before going to court, the consumer is obliged to contact a financial organizationand a financial ombudsman. The purpose of this article is to formulate a theoretical approach to the balance between consumer access to justice and the burden on the judicial system. Research objectives: characteristics of the consumer of financial services; assessment of the pre-trial procedure for protecting the rights of consumers of financial services; search for the optimal ratio of pre-trial and judicial procedures for protecting the rights of consumers of financial services. When writing this article, general scientific methods (system, functional, group of logical methods) and special legal methods (formal legal, legal modeling method) were applied. The article criticizes the existing procedure for protecting the rights of consumers of financial services for the imbalance between consumer access to justice and the burden on the judicial system. The author proposes the introduction of a mixed jurisdiction of disputes involving consumers, in the framework of which it is assumed that after contacting a financial organization, the consumer will have the choice of a jurisdictional body- the consumer will be able to appeal to both the financial ombudsman and the court. At the same time, the development of the institution of a financial ombudsman by improving the efficiency, efficiency and other characteristics of dispute resolution will increase its attractiveness for consumers, stimulating them to resolve disputes out of court.

The author analyzes the problems of the relationship between such concepts as “medical care” and “medical service”, which have long caused debate. It is revealed that, taking into account the clarification of the law on the protection of consumer rights by the highest court, its norms should be applied to any relationship in the field of medical activity, despite the fact that the assistance itself is provided to the patient formally free of charge. Nevertheless, the medical organization receives compensation from those funds that are formed indirectly from the income of citizens - the entire working population of the Russian Federation. All this gives the right to understand a medical service as part of a complex of actions (manipulations) that are performed within the framework of medical care and are of a reimbursable nature, therefore, those strict liability measures that the legislation on the protection of consumer rights provides for should be applied. It is noted that practice has taken such a path that when medical care is provided on the basis of a compulsory health insurance program, the law on the protection of consumer rights should not be applied. Moreover, despite the presence or absence of an agreement between a medical organization and a patient, the services themselves are not provided free of charge, and the agreement that is concluded with a medical organization (an agreement in favor of a third party - the patient) does not allow the relationship with a medical organization to be considered free of charge. It is concluded that the problem of the relationship between the concepts of “medical care” and “medical service” is considered in the law as general and specific, and the general regime of legal regulation should be applied to them. Legislation on the protection of consumer rights should apply to those and other legal relations that are recognized as compensatory for the medical organization itself. Our conclusions are confirmed by the preamble of the law on the protection of consumer rights, which indicates the subjects of relations to which this law applies - this is an organization, regardless of its form, and a consumer who receives a service on the basis of a paid contract for the organization, and the difference in the case of medical care is only in the source of financing.

The article examines the institution of civil liability for violations of intellectual property rights in Ukraine within the context of broader European integration processes. Taking into account the requirements of the European Union regarding the protection of intellectual property rights, the study analyzes how national legislation is being transformed to ensure more effective legal enforcement. Special attention is given to the increasing number of violations in the field of copyright, patent rights, utility models, industrial designs, and trademarks, which necessitates the development of a clear, efficient, and unified mechanism of civil liability. The paper emphasizes the specific features of this type of liability, namely its predominantly pecuniary nature, as well as its function not only as a means of compensation but also as a preventive tool contributing to legal discipline in the field of intellectual law. The text provides a thorough comparative analysis of the provisions of the Civil Code of Ukraine and sector-specific laws, such as the Law «On Copyright and Related Rights,» the Law «On the Protection of Rights to Marks for Goods and Services,» and the Law «On the Protection of Rights to Inventions and Utility Models,» which establish special legal liability mechanisms. The author notes that when the exact amount of damages cannot be proven, other forms of monetary compensation may be applied, as determined by the court within statutory limits. The role of compensation for moral damage is also examined, which is particularly relevant when personal non-property rights – such as the right of authorship, the right to a name, or the integrity of the work—are violated. The article explores procedural challenges related to evidence gathering: difficulties in establishing a causal link between the offender’s actions and the consequences, substantiating the amount of lost profit, and identifying the moment of infringement. The author outlines a number of specific civil remedies that, although pecuniary in nature, are aimed at eliminating the source of infringement – such as seizure and destruction of counterfeit goods, confiscation of equipment used to produce illegal content, and publication of court decisions to restore the author’s or right holder’s reputation. The author substantiates the need to optimize Ukraine’s mechanism of civil liability in this area by establishing specialized intellectual property courts, implementing digital tools for detecting and documenting violations, and unifying judicial practice regarding compensation amounts and standards of proof. The development of these areas will enhance enforcement efficiency, ensure a fair balance between the interests of rights holders and bona fide users, and strengthen public trust in the intellectual property protection system. Thus, civil liability serves not only as a means of restoring violated rights but also as a key guarantee of legal order and a stimulus for innovative development.

Accompanied by the booming development of new technologies such as the Internet, artificial intelligence and cloud computing, the digital economy has burst into a powerful vitality and become an important feature of the new era. However, due to the virtual nature, complexity, and monopoly characteristics of the digital economy, the damage caused to consumers. Such as the digital economy in the context of the prevalence of big data to kill familiarization and other acts of infringement of consumers personal information, the right to free choice, the right to fair trade and other rights and interests, and consumer rights to defend the difficulty of proof of rights to defend the cost is too high. This paper analyses in depth the current situation of consumer rights and interests protection of the digital economy, reveals the problems and challenges brought by the digital economy to the protection of consumer rights and interests and puts forward corresponding countermeasures and recommendations in a targeted manner, with a view to promoting the high-quality development of the digital economy.

In contractual practice, the contract for the provision of telecommunications services is sometimes concluded in circumstances unusual for the consumer (outside of business premises or at a distance). This fact justifies an attempt to guage the impact of the Consumer Rights Act as of 2014 on the application of the provisions of the Telecommunications Act that govern contracts for the provision of telecommunications services. This requires, above all, a determination of the relation of these two acts of law, in particular, the criteria for their mutual separation. The settlement of this issue is an introduction to further discussions devoted to the analysis of the selected problems (due to the frames of this study) arising from the application of the Consumer Rights Act to the contracts for the provision of telecommunications services. They relate, among others, to the implementation of the obligation on the part of the telecommunication operator to provide information, as well as to the rules of changing the terms of a contract for the provision of telecommunications services.

The objective of this research is to understand the Consumer Protection Act (1) 2010 in establishing and upholding the rights of consumer’s goods and services. Ensuring a reasonable price is put in place without any fraudulent activities/results involved. In general, the protection of consumers rights is linked to guaranteeing a fair process of agreements and contracts between the consumer and other parties concerned.The protection of consumers right is therefore understood to be one of the main factors when considering the governments political movements. For this the Iraqi government adopted the Consumer Protection Act 2010 specifically to focus on the protection of the rights and duties of the consumer. This was believed to be a significant improvement for the life of Iraqi citizens/individuals.The Act contains crucial principles in protecting the rights of consumers, especially with the matter of prevention of fraudulently changing the expiry dates on goods. For this matter, this paper will closely analyze the protection provided by the act in relation to preventing the fraudulent activities in changing the expiry dates on the goods sold. The methodology of this research is entirely based on analysis of the Act and in detail examining the advantages and disadvantages of the Consumer Protection Act 2010. Moreover, to present recommendation in relation to further rights required in order to fully cover the protection of consumers in Iraq.

The main objective of the present article is to examine the need to adjust relevant provisions of the Civil Code of the Republic of Lithuania governing the protection of personal non-property rights after death. In this context, the initial part of the analysis deals with the protection and implementation of the personal non-property rights after death. The following part gives an overview of the compensation of non-pecuniary damage as a way of protection of rights in case of infringements of personal non-property rights after death. The final part of the article analyzes the need and possibilities of legal regulatory adjustments of personal non-property rights after death. The Conclusions suggest to establish the succession of persons entitled to implement the personal non-property rights after death under the law. In addition, it is recommended to assess the individual’s right to decide still being alive who shall defend and implement his/her personal non-property rights after death.

Motivation: The insurance market in Poland has undergone intensive changes resulting from the development of the market economy model. Poland’s membership in the EU imposes adaptation of the domestic legal order to legislation introduced at the level of the European Community. Consequent on this insurance companies function in the constantly changing legal and economic conditions. Apart from the strive to become more competitive, to increase the demand for the insurance services, insurers must care for the correct relationships with their clients and respect their rights resulting from the signed contract.Aim: The objective of the article is to analyse the factors determining changes in the protection of consumer rights on the Polish insurance market. For a long time, this issue was a secondary subject of regulatory standards, practices and business initiatives introduced in Poland. Along with the progressive modification of the supervisory system and the introduction of new global solutions, the issue of protection of consumer rights has become particularly important.Results: The conducted research indicates that the emergence of new threats and challenges faced by the insurance sector significantly affected the scope of protection, range of insurance products, their distribution channels and way in which the consumer rights are respected. The development of cross-sectoral cooperation, the creation of international capital groups, the spread of the bancassurance phenomenon, have tightened the system of supervision over the financial market. It has become necessary to implement new law regulations that will ensure the availability and high quality of insurance services and the safety of using them.

The paper justified that the structure of building any policy is always based on a list of principles relevant to the specified policy. The principles determine the essence of the political construction, taking into account the specific features in the relevant sphere, where each of the elements (subjects) of this policy is built through the prism of the principles. The paper analyzed the main international and domestic regulatory legal acts, which operate under the term principles of state policy in the sphere of consumer rights protection. It was established that the principles are defined in a non-systematic manner in domestic legal acts, with a weak connection to international principles and Ukraine's European integration obligations. The analysis of international regulatory legal acts allowed us to come to the conclusion that international practice, in its content, singles out: the general principles of consumer policy based on the basic rights of consumers; principles according to the priority goals of consumer policy; principles of individual subjects of consumer policy. It is characterized by the absence of most of the subjects inherent in the European system of consumer rights protection, and the existing ones often do not have the capacity (legal, financial, organizational, etc.) to perform their functions. The guiding principles of the implementation of state policy in the sphere of consumer rights protection are defined as the basis of the implementation of state policy in the field of consumer rights protection, which are used by state and non-state subjects of consumer policy in the development and adoption of any long-term socio-economic decisions affecting (may affect) the rights and interests of consumers. It is proposing to consolidate this norm with the list of principles and defined their in Article 3 of the Law of Ukraine "On the Protection of Consumer Rights".

The article is devoted to the study of the essence of the security of property rights of economic entities. The article emphasizes that a business entity has the right to be the owner of any property that is not prohibited by law. Property is a necessary component of economic activity. Therefore, ensuring the legal rights of economic entities to property is an important issue. The article analyzes the current legislation of Ukraine on the protection of property rights. It is noted that the Constitution of Ukraine establishes the duty of the state to ensure the protection of the rights of all subjects of ownership and management, and the social orientation of the economy. All subjects of property rights are equal before the law. The article states that depending on the types of property that may be owned by the business entity, the current legislation defines various means of protecting the right of ownership. In particular, in the article, using the example of land ownership relations, various means of protection are given, taking into account the provisions of the current legislation of Ukraine. The owner of a plot of land or a land user may demand the elimination of any violations of his rights to land, even if these violations are not related to the deprivation of the right to own a plot of land, and compensation for damages. The main ways of protecting land rights are to file a negative lawsuit in court, to declare the agreement regarding the land plot invalid, to invalidate the decisions of executive authorities or local self-government bodies that violate the rights of land plot owners and land users. Also, a separate type of protection of land ownership should be considered the restoration of the condition of the land plot that existed before the violation of rights, and the prevention of actions that violate rights or create a danger of violation of rights. The conclusions emphasize the need for further improvement of the mechanism of applying the norms of the current legislation of Ukraine in practice to ensure reliable security of property rights.

Consumers can exploit their right to withdraw from sales contracts and precautionary measures have to be balanced out with the need for effective consumer protection rights. Michael Höhne scrutinises the rescinding of withdrawn contracts in light of the tension between opportunism and effectiveness and against the background of the Consumer Rights Directive.

Scenario of consumer awareness among rural women of Ludhiana