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Zmievskii D.V.
Actual Problems of Determining the Jurisdiction of Consumer Disputes
Keywords: consumer rights protection, litigation, consumer protection claim, jurisdiction of cases, transport agreement
The most urgent problems of determining the jurisdiction of disputes involving consumers are considered. Legal uncertainty is revealed regarding the possibility of considering individual disputes related to consumer rights protection in courts at the location of the plaintiff. The conclusion is substantiated that the established law enforcement practice has made quite an effective attempt to solve the indicated problem of applying the norms of the current civil procedural legislation on jurisdiction. At the same time, the author expresses his opinion that such an approach seems to be extremely limited, since it does not give a full answer to the question why the sphere of inland waterway transport becomes an exception to the general rule on alternative jurisdiction of disputes involving consumers-citizens. To solve the identified problem, a proposal has been formulated to amend the current civil procedure legislation, namely: to exclude Part 3 of Article 30 of the Civil Procedure Code of the Russian Federation. It seems that such an approach will fully establish necessary balance between the interests of the consumer and the transport operator, and will also be more consistent with the fundamental principles of consumer protection legislation. an undoubted advantage of such a novelty will be elimination of contradictions in judicial practice in these disputes.
References
- Alekseev A.A. Znachenie voli storon pri opredelenii kompetentnogo suda v grazh-danskom protsesse [The importance of the will of the parties in determining the competent court in civil proceedings]. Arbitrazhnyi i grazhdanskii protsess, 2020, no. 5, pp. 12–15.
- Vyazovskaya, T. N. Dosudebnoe uregulirovanie grazhdansko-pravovykh sporov s ucha-stiem potrebitelei: neobkhodimost’ i prakticheskoe znachenie [Pre-trial settlement of civil law disputes involving consumers: necessity and practical significance]. Vestnik Rossiiskogo universiteta kooperatsii, 2016, no. 1(23), pp. 103–105.
About authors
- Zmievskii Dmitrii V.
- Candidate of Law Sciences, Associate Professor, Head of the Advocacy Department, Chuvash State University, Russia, Cheboksary (zmievsky@yandex.ru; ORCID: https://orcid.org/0000-0001-9644-6477)
Article link
Zmievskii D.V. Actual Problems of Determining the Jurisdiction of Consumer Disputes [Electronic resource] // Oeconomia et Jus. – 2022. – №4. P. 51-56. – URL: https://oecomia-et-jus.ru/en/single/2022/4/7/. DOI: 10.47026/2499-9636-2022-4-51-56.
