Selected Aspects Of Jurisdictional Forms Of Consumer's Rights Protection Under The Contract For The Provision Of Services

  • V.Ya. Horblianskyi
Keywords: jurisdictional form of protection, judicial protection, administrative protection, Ombudsman, notarial protection.

Abstract

The article is focused on the relevant issue of understanding the jurisdictional form of consumers'rights protection under the treaty on the provision of services. In the work it was examined the doctrinal approaches to definitions of the notions «forms of protection», «jurisdictional form of protection». In the article it was identified what should be understood by the form of consumers'rights protection under the treaty on the provision of services. It was determined the possibility of consumer's realization of the jurisdictional form of consumers'rights protection under the treaty on the provision of services by applying to the court, special executive body and local authority. It was characterized the main problematic questions of legal protection of consumer's rights under the treaty on the provision of services. The types of claims are given, with which the consumer can apply to the court. It was assumed about placing the burden of proving providing appropriate service to the defendant (a person who provides services, who breached the terms of the treaty on provision of services). The determination of the jurisdiction of cases in this category was emphasized. It was encouraged to amend the Law of Ukraine on «Consumer Protection Act» in a part consumer's exemption from payment of court fees. Also the examples of inefficient judicial protection of consumer were given. In the article the main areas of special executive bodies and local authority activity in the sphere of consumer's rights protection are reflected. The arguments for necessity of Consumer Ombudsman Institution implementation in Ukraine are given, his functional responsibilities are defined. It was also assessed the protection of consumer's rights under the treaty on the provision of services by a notary. It was established in which legal relations and in what way a notary can protect the consumer's rights.

Published
2020-01-20