Problem of consumer extremism in modern society

УДК 34. 096

Kojenkov Dmitriy Aleksandrovich

Ural State Law University

Russia, Ekaterinburg

e-mail: witcheasyfake@gmail. com

PROBLEM OF CONSUMER EXTREMISM IN MODERN SOCIETY

Abstract: the article highlights the nature, signs and reasons for the emergence of a new phenomenon for the Russian Federation, called " consumer extremism". The analysis of consumer protection legislation is carried out and its influence on consumer behavior is established. Methods of combating and preventing consumer extremism are proposed.

Keywords: consumer protection; consumer extremism; expertise; salesman; manufacturer.

Nowadays we can observe a huge number of problems in different spheres of life. One of the most important legal dilemma is consumer extremism. In judicial practice, the situations when a dishonest trader or manufacturer violates a purchaser’s rights become more and more often. The Federal Service for Supervision in the Field of Consumer Protection and Well-being of a Person in the annual state report for 2017 indicated that the total number of detected violations of the provisions of the Law of the Russian Federation dated 07. 02. 1992. N 2300-1 " On Consumer Protection" amounted to 155 526 breaches. Among them, 6 874 violations of mandatory conditions for the quality (safety) of goods, 49 023 violations related to non-compliance with consumer rights to information (Демидов А. М. 2013. — 736 с. ). However, there are often opposite cases when the client, abusing his rights, pursues selfish goals, tries to extract a certain material benefit, makes claims to goods of appropriate quality. Such a misdeed was called " consumer extremism". To date, measures are being taken to counter such cases officially. Consumer extremism has a complex social character and is caused by certain aspects of the consumer culture of the population in modern Russia: Russians are mainly limited to household goods and food. However, a huge amount of information and choice led buyers to a single no less significant problem: " Loss of information". It is provoked by the abundance of various information about goods, which does not always meet the reality and expectations of a customer. Such behavior is characterized by caution and fear of being deceived (Быкова И. В. 2015. - С. 55-61). Generally, the prerequisite for the formation of consumer extremism appears to be effective legislation on consumer protection, which proves to be one of the most effective in the world, whose sanctions are punitive, not law-restoring. The foundation of legislation in this area is the Law of the Russian Federation No. 2300-1 " On Consumer Rights Protection" adopted in 1992, which is associated with the formation of consumer extremism in our country. Since its adoption, a huge number of amendments have been made to it, which to one degree or another concretized and developed not only the provisions of the law, but also the ability of buyers to use their rights. An even greater development of consumer extremism in Russia is connected with the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012, No. 17 ^[1]" On civil courts considerations on disputes about consumer protection", which recognized a buyer as a defenseless party requiring support from the state. This resolution thoroughly examines the procedure and methods for resuming violated consumer rights, explains the judicial procedure for settling disputes and collecting fines, losses and penalties in favor of consumers. Such a phenomenon as consumer extremism is found in various fields of activity, but it has become widespread not in the field of entrepreneurship, but in the retail trade, which is so far one of the largest sectors of the economy. Manufacturers in this area can be divided into two groups: 1) large enterprises that do not bear serious losses from the actions of consumer extremists. As a rule, such entities have personal reputation and competitiveness in priority, therefore, the implementation of products meets the requirements of the legislation as much as possible, and all disputes with consumers are resolved even in a pre-trial procedure; 2) small and medium-sized businesses that are forced to defend their position in each individual case, because they risk incurring serious losses. Despite such a difference in positions among business entities, each of them needs protection from unfair actions of consumers, which must be guaranteed at the legislative level. Disputes arising from the quality of goods are especially common in this area. A consumer makes complaints about the product that contains operational defects, trying to prove that they are classified as manufacturing defects. In such disputes, a more effective way to combat deceitful consumers is to conduct a forensic commodity examination. It is designed to identify the true cause of the existing defects. It should be noted that the execution of such studies should be trusted exclusively to state forensic experts, because their activities are regulated by the Federal Law of May 31, 2001. No. 73-FL " On State Forensic Expert Activity in the Russian Federation", which establishes that the activities of experts must comply with the principles of independence, objectivity, comprehensiveness and completeness of research conducted using modern achievements of science and technology (Article 4 of the Federal Law of May 31, 2001 No. 73-FL). The position of an expert in state forensic expert institutions may be held by a citizen of the Russian Federation who has a higher education and has received additional professional education in a certain expert specialty. The experts' qualification level is determined and their certification for the right of independent forensic examination is carried out by expert qualification commissions. The level of qualification of experts is subject to review by these commissions every five years (Article 13 of the Federal Law of May 31, 2001 N 73-FL). So, I. Bykova, a senior state forensic expert of the Federal State Budgetary Institution “Southern Regional Center for Forensic Examination” of the Ministry of Justice of Russia, in her article, among other things, gives the following example of consumer extremism: the experts received a pair of shoes with a disintegrated sole from the details of the upper part. The consumer stated that the shoes almost always worn with a sock and the defect is a manufacturing one. The conducted research made it possible to establish that the pair of shoes has a high degree of wear, there are multiple scratches and scuffs on it, and the sole has peeled off as a result of mechanical impact. Gaps in the legislative framework and the possibility of misinterpretation of certain paragraphs of the Law " On Consumer Rights Protection", ^[2]as well as granting consumers a special legal status (" The consumer is always right" ) creates conditions for the manifestation of such forms of consumer extremism as: blackmail, which is expressed in threats from extremists addressed to the objects of attack. Blackmail takes place when representatives of a public organization, having identified the grounds for bringing to administrative responsibility or for presenting property (recovery of the cost of goods, compensation for expenses) and non-property claims (moral damage, claims in defense of an indefinite circle of consumers) in court, offer the object of the attack to pay a certain amount for the fact that they will not take actions to bring this person to responsibility. There are cases when the buyer uses the product for a long time, not observing the rules of storage and not providing appropriate care, and then makes claims to the manufacturer that the product is of poor quality. In both cases, the consumer may claim to return the used product or receive material compensation. In her article, I Bykova emphasizes that it is important to conduct not only forensic commodity expertise, but also to do a comprehensive study with the participation of experts of other specialties. Such specialists can be tracologists who make it possible to determine the cause of damage to a particular product and (or) its packaging. The study of fibrous materials is also used, which makes it possible, for example, to conduct a comparative examination of the fibrous composition of the product in order to determine compliance with the marking applied to it. Biologists determine whether the natural fur of the product under study belongs to a certain type of animal. As part of the construction and technical expertise, it is possible to determine the quality of the installation of certain products. Conducting forensic examinations and expert studies allows the court to objectively understand the applicants' requirements and make the right decision. The expert's opinion forms the basis of the decision on a particular case. Summarizing all it up, we can say that consumer extremism is a relatively new phenomenon for our country, which has become widespread thanks to legislation that creates opportunities for abuse of rights and profit. To eradicate this phenomenon, measures elevating consumers' conscientiousness may help. It is necessary to construct the concept of consumer extremism at the legislative level, establishing its limits, manifestations and responsibility for such actions. The prerogative of the production of forensic commodity expertise and expert research should be given to state forensic experts, since today only their activities are regulated at the legislative level and can guarantee the integrity and impartiality of their findings. Producers and consumers need to be provided with reliable legal protection and support of state bodies.

List of references:

1. Белоусов А. Л., Гулькина А. Н., Мазина А. В. Фейсинг – Эффективная наука XXI века или способ обмана потребителей и обхода конкурентов // В сборнике: Инновационное развитие экономики. Будущее России материалы и доклады V Всероссийской (национальной) научно-практической конференции. - 2018. - С. 57-60. 101

2. Белоусов А. Л. становление института банкротства физических лиц в аспекте развития потребительского кредитования // В сборнике: Московский Юридический Форум. VI Международная научно-практическая конференция " Кутафинские чтения" - " Гармонизация российской правовой системы в условиях международной интеграции" - 2014. - С. 25-28.

3. Быкова И. В. Возможности судебной товароведческой экспертизы в разрешении судебных споров потребителей и производителей // Теория и практика судебной экспертизы. – 2015. -12(2(38)). - С. 55-61.

4. Демидов А. М. Особенности современного потребительского поведения россиян // URL: http: //ecsoclab. hse. ru/markets (дата обращения: 21. 04. 2019).

5. Защита прав потребителей в Российской Федерации в 2017 году: Государственный доклад. – М.: Федеральная служба по надзору в сфере защиты прав потребителей и благополучия человека, 2017. – 318 с.

6. Нилов И. Л. Возникновение потребительского экстремизма//Евразийская адвокатура. - 2018 - №5(36). - С. 21-25.