Bogdan, V.V. Modernization of the Federal Law of the Russian Federation «On the Protection of the Rights of Customers» should be balanced: on the issue of necessary amendments and additions

Abstract: The article includes specific propositions for the improvement of the Federal Law of the Russian Federation «On the Protection of the Rights of Customers», which is based upon the need for the guarantees of legal balance between the interests of the entrepreneurs and the customers. The results are practically applicable, and they are aimed to improve the efficiency the civil law regulation of protection of the rights of customers. Their future applications shall facilitate the further improvement of the legal mechanism for the civil law protection of rights of customers. The conclusions on the need to introduce changes and amendments are based on the existing legislation and its practical application, as well as the results of theoretical studies. Much attention is paid to the analysis of the Decree of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 n. 17 «On Judicial Consideration of the Civil Cases on Disputes on Protection of Rights of Customers». As part of amendments to the Federal Law «On the Protection of the Rights of Customers» the author offers to change the definitions of «customer» and «fundamental defect of goods» in order to guarantee the optimal protection of customers and stimulation of sellers (producers, renderers of services) for the voluntary fulfillment of the claims of the customers. It is also reasonable to establish the maximal amount of the penalties to the contract price in cases regarding insufficient quality of goods (works, services). It is also reasonable to introduce into the Federal Law «On the Protection of the Rights of Customers» new articles on the mandatory presentation of a claim to a debtor before instituting an action in the court, and on pre-trial expertise of quality of goods (works), and responsibility of customers.

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