Publication date: 11.05.2024
Pre-trial settlement of disputes in consumer protection cases.
In today's world, the protection of consumer rights is a key aspect of the functioning of markets, especially in the context of rapid development of trade, services and globalization. In order to ensure fair and effective mechanisms for resolving conflicts between consumers and producers, the legislation of countries, including Ukraine, provides for pre-trial settlement of disputes. This process is aimed at resolving disputes without the need to go to court, which helps reduce legal costs and quickly resolve consumer issues.
The first step in the pre-trial resolution of disputes is the consumer's appeal to the seller or manufacturer with a demand to eliminate the violation of his rights. An important component of this process is the proper detection of violations of consumer rights, as well as the collection of sufficient evidence confirming these violations. This may include receipts, warranty cards, photographs, or the results of an examination of the product or service.
Drawing up a written complaint is the next stage, where the consumer describes in detail the problem, the requirements and the deadline for solving the problem. An important condition is consideration of the claim by the seller or manufacturer within 14 days and providing a reasoned answer. If the manufacturer or seller does not respond to the consumer's demands, the latter has the right to contact local consumer protection authorities.
Ukraine has a developed system of bodies that are responsible for monitoring compliance with legislation in the field of consumer rights protection at various levels.
They provide not only quality control of goods and services, but also provide consultations and investigate violations of consumer rights.For example, the State Service of Ukraine for Product Safety and Consumer Protection (DSPSPSS) is the main body in the system of consumer rights protection at the national level. Territorial bodies of this service, local self-government bodies, and other regulatory bodies also play an important role in ensuring the safety and rights of consumers in various areas.
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Please note that the consumer has the right to go to court without first contacting the seller or manufacturer, but pre-trial dispute resolution has many advantages, including:
Pre-trial dispute resolution is an important tool for ensuring consumer rights, promoting fairness and harmony between the parties. Effective work of control bodies and implementation of legislation in this area is an important step in ensuring a stable and trusting market environment.
Summarizing the above, we can come to the conclusion that going to court is a last resort. Therefore, before going to court, it is important to use all the means provided by the law to resolve the conflict. Pre-trial settlement of disputes in consumer protection cases is an important mechanism that enables the parties to resolve the conflict without going to court. The process of pre-trial settlement of disputes includes appeals to the seller or manufacturer, state consumer rights protection authorities, conducting an examination, mediation and, if necessary, an appeal to the court.
