TY  - JOUR
TI  - Commentary on the Decree № 17 on Proceedings Dealing with Consumer Right Protection Adopted by Plenum of the Russian Federation Supreme Court as of June 28, 2012
T2  - 
IS  - 
KW  - consumer
KW  - service
KW  - commodity
KW  - manufacturer
KW  - seller
KW  - complaints
KW  - legal actions
AB  - Alexeevskaya Ekaterina - Senior Researcher, Institute of Problems of Legal Regulation,National Research University Higher School of Economics, LLD. E-mail: anna_gutnikova@mail.ruAddress: National Research University — Higher School of Economics, 20, Myasnitskaya str., Moscow, 101000, Russian Federation.Gutnikova Anna - Director of the Institute of Problems of Legal Regulation,National Research University Higher School of Economics, LLD. E-mail: e.alexeevskay@hse.ruAddress: National Research University — Higher School of Economics, 20, Myasnitskaya str., Moscow, 101000, Russian Federation.The article features the Decision of the plenum of the RF Supreme Court dated June 28, 2012 №17 On examining civil cases on consumer right disputes in court. The authors study the new laws as to interpreting the consumer right legislation by the highest judicial agency among the first instance courts and commentaries to certain provisions of the Decision as they were not grounded properly as to applying the RF law on Consumer right protection. The author draws attention to the definitions of consumer, material defect of a product, as well as the problem with the absence of answers as to applying this legislation to legal relations arising due to notarial actions and rendering legal services to citizens. The authors analyze topical issues of jurisdiction of disputes involving consumers. He article develops the explanations made by the Russian Supreme Court as to the cases submitted to arbitration courts. A special attention is drawn to the rule of alternative jurisdiction of the dispute which is closely connected with the exclusive right of the consumer to submit statements of case to the court provided by part 7 of article 29 of the RF Civil code as well as the application of articles 333 and 395 of the RF Civil Code. A special attention is paid to the compensations for moral harm to the consumer brought by the seller (producer, performer) and its guilt which is provided by law except the occurrence of the force-majeure circumstances. The commentaries have been given on the basis of theory and case practice in the courts of general jurisdiction, arbitration courts and the RF Constitutional court as well as the international law norms. 
AU  - Anna Gutnikova
AU  - Ekaterina Alekseevskaya
UR  - https://law-journal.hse.ru/en/2012--4/71940362.html
PY  - 2012
SP  - 64-78
VL  -