The legislation imposes a number of duties as the seller (manufacturer) should bear the responsibility for the goods sold in the market.
Initially, the law establishes, that the seller (executor) is obliged to transfer to the consumer the goods (to render service) the quality of meets which the conditions of contract. Selling goods up on a sample and (or) a description the seller is obliged to transfer to the consumer the goods which meet the sample and (or) the description. The law states obligatory requirements for the goods (service), the seller (executor) is obliged to transfer the consumer the goods corresponding to these requirements.
For long use goods (service), the manufacturer (executor) has the right to establish service life – the period during which the manufacturer (executor) undertakes to provide to the consumer the opportunity to use of goods and to bear the responsibility for essential lacks. On food stuffs, the perfumer – cosmetic goods, medicines, the goods of household, chemical goods and other similar goods the manufacturer (executor) is obliged to establish working life – the period after which the goods are considered unsuitable for use. Sale of the goods after a target date of the validity, and also the goods on which working life should be established, but it is not established is forbidden. The manufacturer (executor) has the right to establish a warranty period – the period during which in case of detection of lack of the goods the manufacturer (executor), the seller, is obliged to satisfy requirements of the consumer. The seller has the right to establish a warranty period if it is not established by the manufacturer. The manufacturer (executor) is obliged to provide safety of the goods during working life of the goods. The seller (manufacturer) is obliged to accept the goods of inadequate quality from the consumer and in case of the need to inspect the quality of the goods. The consumer has the right to participate in the check of the quality of the goods. If term of elimination of lacks of the goods is not determined in writing by the agreement of the sides, these lacks should be eliminated by the manufacturer (seller) immediately. If the consumer has found out lacks of the goods the seller is obliged him to replace within 7 days. If the seller (manufacturer) at the moment of presentation of the requirement does not have goods necessary for replacement, replacement should be carried out within a month from the date of presentation of such requirement. The goods which be replaced should new. The warranty period, in this case, is estimated anew, from the date of replacement. For infringement of terms of an exchange, the seller pays to the consumer the penalty per every day of delay.
The harm
Protection of the rights of consumers is carried out by court.
The right to demand compensation of the harm caused owing to lacks of the goods (service), admits for any victim irrespective of, he has consisted in contractual relations with the seller (executor) whether or not.
The harm caused to a life, health or property of the consumer owing to industrial or other lacks of the goods (service), is subject to compensation in full.
The harm caused to a life, health or property of the consumer, is subject to compensation if harm is caused during a target date of service or working life of the goods (service).
The harm caused owing to lacks of the goods, is subject to compensation by the seller or the manufacturer of the goods at the choice of the victim.
The harm caused owing to lacks of work or service, is subject to compensation by the executor.
Indemnification of moral harm is carried out irrespective of compensation of property harm and the losses suffered by the consumer.
The conclusion
In the given work some moments which open rights and duties of participants of commodity circulation are resulted. But, it is possible to draw a conclusion that, in Russia and in foreign countries, the law protects the interests of consumers.
In conclusion I highlight some important positions and compare Russian and European legislation related to consumers rights. The comparison is made in the table.
| RUSSIA | THE EUROPE |
| Distinctions. | |
| In Russia laws which protecting the rights of the consumers, exist not so long ago. These laws cannot brag of precise experience of their application, therefore often there are problems in practice with their realization. The consumer cannot enjoy his rights because he is often simply is not aware of them. Unfair manufacturers use this ignorance. A Russian consumer used to act traditionally, to trust a word, not to give due attention to details. Such attitude of the Russian consumer also is caused by the history and the traditions of the state; it is enough to recollect long domination of the planned economy and communism. Russian mentality is characterized by the irresponsible relation to possible consequences. The Russian consumer is accustomed hopes for a happy-end. He does not think of problems which can arise if the goods appear poor-quality. | In these countries the society has been developing gradually and consistently. Consumer law reflects on changes on the economy and is efficiently applied. In Europe as against Russia, consumers are fully aware of their rights. European people have got practical mentality. They always collect and keep all receipts, checks and other documents related to a purchase. |
This table does not open all features of relations of consumers and manufacturers; it only gives a primary general view. But the information which above mentioned enables to generate precisely the attitude to study of the legislation on an investigated theme in Russia and the western states. Pleases, that the Russian legislation has adopted the best parties and experience of the western states, but thus takes into account features of the Russian consumer. The Russian consumer – the especial consumer. This feature will consist in mentality, concerning the Russian person to laws. This relation differs from predilection of western people to know and protect the rights, and also honesty to carry out the duties in conformity to the law. The Russian person is more located on observance of traditions. He is focused on practice of human relations, human dialogue. Russian hopes for a miracle, he trusts in despicableness.
In general, for realization of the rights in any sphere, each person (the consumer, the seller, the manufacturer) should know laws. In this case he will not have any problems with restoration of the broken right and indemnification.
The literature
1. О защите прав потребителей: Закон РФ от 07.02.1992 г. №2300–1 (в ред. от 21.12.2004)
2. Гражданский кодекс РФ (часть вторая) от 26.01.1996 г. №14 – ФЗ (в ред. от 02.02.2006)
3. Бонди, Е.А. Учебное пособие по английскому языку для поступающих в ВУЗЫ/ Е.А. Бонди, П.В. Царев. – М.: Изд-во Московского университета, 1976
4. Richard Powell, Law Today / Richard Powell. – «Longman», 1996
5. Интернет / WWW. Lemon Law, Auto Lemon Laws, Car Lemon Law, Automobile Lemon Laws.com