|Article title||Civil Legal Regulation of Consumer Protection as a Party of Consumer Agreements: Comparative and Legal Analysis of the Law of Ukraine and EU|
Phd in Law, Associate professor, Associate professor department civil law 2 Yaroslav Mudriy National law university (Kharkiv, Ukraine) ORCID ID: https://orcid.org/0000-0002-9309-4282
|Name of magazine||Legal journal «Law of Ukraine» (Ukrainian version)|
The Association Agreement between Ukraine and the EU is in the active stage of implementation and covers the transformation of the entire economic and legal space of our state. Of particular interest is the civil law layer of legal relations as the broadest, in particular its aspect as changes in domestic regulation of consumer contracts in accordance with EU minimum standards with its further improvement.
The aim of the article is to find and analyze ways of civil consumer regulation. Treaty in the EU and comparing them with Ukrainian legal realities, outlining the necessary changes that need to be made by the legislator in the future to accelerate full entry into the European space with its high level of legal protection of consumer relations, the material expression of which is consumer contracts.
The article examines the key EU regulations relating to civil law regulation of consumer protection as a party to consumer agreements. A comparative legal analysis of EU norms and domestic civil legislation in this area in the context of the active development of European integration processes and the implementation of the Association Agreement between Ukraine and the EU. Further prospects are formulated in bringing the level of consumer protection in Ukraine closer to European standards.
The author concludes that, despite a clear focus on the European course, domestic civil law is insufficiently improved in terms of regulating consumer contracts following the example of the EU. Thus, as of today, the legislation of Ukraine lacks both the concept of “consumer contract” and the consolidation of this category in the Civil Code of Ukraine along with other types of contracts. In addition, a clear action plan, which provided for the harmonization of domestic regulations with relevant EU documents, in particular with the main directives on the regulation of consumer contracts, was not fully implemented, so the issue of fully bringing Ukrainian legislation to EU minimum standards remains open, as well as its further research.
|Keywords||consumer contracts; EU consumer law; EU minimum standards; harmonization of Ukrainian and EU legislation; European integration|
1. Bondar L, Briedova H, Vakulenko A ta inshi, Pravo Yevropeiskoho Soiuzu (Pravo 2019) (in Ukrainian).
2. Braunmiul P, Baiko R, Vasylieva L, ‘Zakhyst prav spozhyvachiv: standarty YeS ta Ukrainy’ (FEAO, 2016) <https://feao.org.ua/wp-content/uploads/2016/05/FEAO_ Zahyst_prav_EU_Ukr_A4_block_03.pdf> (accessed: 15.03.2021) (in Ukrainian).
3. Baiko R, Vasylieva L, ‘Zakhyst prav spozhyvachiv v Yevropeiskomu Soiuzi v konteksti nablyzhennia ukrainskoho zakonodavstva do yevropeiskykh standartiv’ <https://feao. org.ua/wpcontent/uploads/2016/04/FEAO_Zahyst_prav_A5_web.pdf> (accessed: 15.03.2021) (in Ukrainian).