Особливості реалізації прав споживачів за договором про виконання робіт (надання послуг)
Features of realizing the rights of consumers by the contract of the works performance (providing services)

Summary/Abstract: The article is devoted to the legal analysis of the volume and content of the rights of individuals - consumers in the obligations for the performance of work and the provision of services, as well as the peculiarities of their implementation. It is preposterous that consumers in Ukraine are not protected by the state and the law due to the declarative nature of proclaimed rights and the absence of mechanisms for their implementation and restoration recognized by the authorities. The legal basis for refusal of the consumer from the contract on the performance of works (provision of services) and the consequences of such a refusal have been explored. The consumer’s refusal from an agreement on performance of works (rendering of services) is a legitimate action, and therefore does not provide for the use of measures of civil liability of the consumer. The most widespread cases of infringements of the rights of consumers under contracts of performance of works and rendering of services are analyzed: violation of the terms of performance of works (provision of services), violation of the terms of the contract on the quality of performance of works (provision of services), as well as possible options for legal responsiveness on the part of the consumer for the following violations: refusal from the contract, refusal to pay additional works (services), termination of the contract, recovery of losses and payment of a fine in the amount of 3 % of the cost of work (service) for delaying the performance of work (provision of service). It is emphasized that the size of the penalty can be reduced by a court decision, if it significantly exceeds the amount of losses, or in the presence of other circumstances that are significant. The category of «disadvantage» and «significant disadvantage» and the legal consequences of their detection in work (service) are analyzed. It is determined that the performer is liable for loss, damage or damage to the thing taken from the consumer for the performance of work (provision of services) and for the damage inflicted on life, health or property of the consumer. The current judicial practice of consideration of disputes under contracts of performance of works (provision of services) with the participation of consumer individuals is covered. It was noted that the jurisprudence on consideration of this category of cases needs to be improved. Comparison of the relevant provisions of the Civil Code of Ukraine and the Law of Ukraine «On Protection of Consumer Rights» as general and special norms. The conclusion is made on the need for the gradual introduction of international standards in the national legislation regarding the proper enforcement of consumer rights.

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