Publication date: 10.07.2024
Consumer protection in the fisheries sector
The fisheries industry is an important sector of Ukraine's economy, providing the population with quality fish products and promoting the development of recreational fishing. At the same time, ensuring consumer protection in this sector is critical to maintaining high standards of quality, safety and compliance with legal regulations. In this article, we will consider the main aspects of consumer protection in the fishing industry, the legal framework, consumer rights, protection mechanisms and the procedure for appealing against violations.
Legal and regulatory framework
Consumer protection in the fisheries sector in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Consumer Protection":
- The main law that defines the legal framework for consumer protection, establishes consumer rights, obligations of service and product providers, and the procedure for complaints and consumer dispute resolution.
Law of Ukraine "On Fisheries, Commercial Fishing and Protection of Aquatic Bioresources":
- Defines the legal, organisational and economic principles of fisheries management, establishes requirements for the organisation and conduct of fishing, as well as liability for violations of legislation in this area.
Law of Ukraine "On Licensing of Economic Activities":
- Regulates the licensing of fishing activities, sets requirements for entities providing fishing services and mechanisms for controlling their activities.
Water Code of Ukraine:
- Defines the legal framework for the use and protection of water resources, including requirements for fishery water bodies and their use.
TheLaw of Ukraine "On Environmental Protection":
- Defines the legal framework for environmental protection, including requirements for water bodies, protection of aquatic bioresources and environmental safety.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between consumers and suppliers of fisheries services, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Code of Ukraine on Administrative Offences (CAO):
- Provides for administrative liability for violation of the requirements of the legislation on fisheries and protection of aquatic bioresources.
Order of the Ministry of Agrarian Policy and Food of Ukraine "On Approval of the Rules for Fisheries and Fishing":
- Establishes detailed rules for fisheries management, the procedure for organising and conducting fishing, requirements for equipment and safety of fishermen.
Basic consumer rights in the fisheries sector
The basic rights of consumers in the field of fisheries, as defined by Ukrainian legislation, include:
Theright to safe and quality products:
- Consumers have the right to receive safe and quality fish products that meet established standards and regulations.
Right to information:
- Consumers have the right to complete and accurate information about products and services, including information about the conditions of catching, production, processing, storage and sale of fish products.
Right to choose:
- Consumers have the right to freely choose the fishery products and services offered on the market. Service providers have no right to impose products or services on consumers that they do not need.
Theright to compensation for damages:
- In case of improper provision of fisheries services or sale of low-quality fish products, consumers have the right to compensation for damages, including compensation for material and moral damage.
Theright to apply to courts and other consumer protection authorities:
- Consumers have the right to apply to courts, consumer protection authorities and human rights organisations to protect their rights.
Theright to safety and health protection:
- Consumers have the right to protect their lives and health from dangerous or harmful products and consumption conditions.
Consumer protection mechanisms
Ukrainian legislation provides for several mechanisms for consumer protection in the fisheries sector:
Contacting the supplier of fish products or services:
- In the event of defects or inconsistencies in the services or products provided, consumers have the right to contact the supplier directly to request the elimination of violations, replacement of products or services, reduction of the cost or refund.
Appealto consumer protection authorities:
- Consumers may file a complaint with the State Service of Ukraine on Food Safety and Consumer Protection or other competent authorities to protect their rights. Consumer protection authorities review complaints, inspect the activities of suppliers of fish products or services, and apply enforcement measures in case of violations.
Judicialprotection:
- Consumers have the right to file lawsuits to protect their rights, including claims for damages, compensation for non-pecuniary damage, and an obligation to remedy violations.
Pre-trial dispute resolution:
- The legislation provides for the possibility of pre-trial settlement of disputes between consumers and suppliers of fish products or services, including mediation, arbitration and other forms of alternative dispute resolution.
Appeal to human rights organisations:
- Consumers can turn to human rights organisations and lawyers to protect their rights and interests.
Procedure for appealing against violations of consumer rights
In case of violation of consumer rights in the fisheries sector, consumers have the right to appeal against such violations in accordance with the established procedure:
Contacting thesupplier of fish products or services:
- The first step is to contact the supplier with a request to eliminate the violations. The request may be submitted in writing, indicating the circumstances of the violation, the consumer's requirements and evidence (contracts, receipts, photos, testimonies, etc.).
Filing acomplaint with consumer protection authorities:
- If the appeal to the supplier is unsuccessful, the consumer may file a complaint with the State Service of Ukraine on Food Safety and Consumer Protection or another competent authority. The complaint must contain a detailed description of the violation, evidence and the consumer's requirements. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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