Chagina E.M., Chamina A.A. —
Administrative liability for violation of legislation in the field of consumer protection: on the issue of determining the object of the offense
// NB: Administrative Law and Administration Practice. – 2024. – ¹ 3.
– P. 1 - 15.
DOI: 10.7256/2306-9945.2024.3.71550
URL: https://en.e-notabene.ru/al/article_71550.html
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Abstract: The issue of separating administrative offenses in the field of consumer protection into a separate category, as well as the inclusion of certain types of administrative offenses specified in the current Code of Administrative Offenses, is actively discussed in the scientific literature. At the same time, determining whether a particular administrative offense encroaches on the rights of consumers has not only theoretical, but also practical significance, especially when it is necessary to determine the statute of limitations for bringing to administrative responsibility.
The article analyzes various types of administrative offenses committed both in the field of entrepreneurial activity and in other areas of public relations, in order to determine exactly how these violations affect legal relations with the participation of consumer citizens. The purpose of the study is to identify specific types of administrative offenses that harm civil law relations with consumers that are actually protected by law, as well as their differentiation from violations that, although they do not have a direct impact, nevertheless entail negative consequences for the state of protection and protection of consumer rights. The authors use both general scientific methods, such as logical, analytical methods, and special methods of cognition, in particular, the method of analysis and interpretation of normative legal acts. According to the results of the study, the authors substantiate the conclusion that it is necessary to differentiate administrative offenses in the field of consumer protection in a narrow and broad sense, which is currently not done in the doctrine. Administrative offenses in the field of protection and protection of consumer rights in a narrow sense should be understood only those that directly infringe on consumer rights. In a broad sense, this group should include both administrative offenses that have civil law relations with the participation of consumers as an object, and violations that encroach on other groups of public relations, but have or may have as a consequence a negative impact on relations with the participation of consumers.