Separate manifestations of violations of consumer rights in the electronic market

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Separate manifestations of violations of consumer rights in the electronic market

Bidniak Hanna,

Candidate of Legal Sciences, Associate Professor associate professor of the department of criminology and pre-medical training Dnipropetrovsk State University of Internal Affairsкандидат

Bidmak Valentin,

Candidate of Legal Sciences, senior operational officer of the Department of Strategic Investigations in the Dnipropetrovsk Region of the Department of Strategic Investigations of the National Police of Ukraine

Rapid scientific and technical progress definitely dictates the conditions of modern life in society. An integral part of everyday life is the use of the Internet system in various spheres, be it educational, scientific, economic, political, etc. In the conditions of a global problem - an acute respiratory infection caused by COVID-19, this was almost the only opportunity to maintain social activity. Of course, there is an intensification of activities on the electronic market and an increase in the number of online stores even in the conditions of martial law. Demand is especially growing for certain goods, including medical equipment, medicines, medical products (blood transfusion systems, syringes), personal protective equipment, etc.

This is confirmed by the following AdvantShop data on changes in the e-commerce market due to the coronavirus in 2019-2020. In April, the number of newly opened online stores almost doubled (by 99.02%) compared to the January- March period, and one and a half times more than in April last year [1]. According to the BBC, between January and March, 10 million people opened accounts with PayPal, the largest company in the field of digital payments. During this time, 199 billion dollars passed through the company's website. A year ago for the same period - 161 billion. And the issue is not only in lockdowns. One survey shows that people are increasingly inclined to shop online rather than in a brick-and-mortar store [2]. violations consumer rights electronic market

In the presented work, we tried to consider the most common risks that consumers are exposed to when making online purchases.

When concluding online agreements, the consumer must take into account certain features in order to prevent violation of his rights. Many scientists and practitioners consider lack of consumer awareness to be one of the main problems with online shopping. Indeed, certain online stores (participants of relations in the field of electronic commerce), contrary to the requirements of the Laws of Ukraine "On the Protection of Consumer Rights" and "On"About electronic commerce", do not provide access to information that can be used to identify the subject of business activity. The commercial name of the store, phone number with e-mail is not enough [3]. To establish the name and registration code of the enterprise, its legal and actual address, surname, first name, patronymic of managers, etc., it is possible to obtain publicly available data. In Ukraine, such information can be obtained, for example, on the following sites: https://youcontrol.com.ua; https://opendatabot.ua; https://clarity-project.info; https://nomis.com.ua.

But, as practice shows, even the consumer's awareness of the seller is not a guarantee of conscientious business activity.

One of the most common types of crime is not delivering the goods paid for by the customer. Fraudsters on various sites offer goods, as a rule, at a reduced cost, but on the condition of full (rarely partial) prepayment, after receiving the funds, they stop all communication. It should be noted that such crimes are mainly committed by an organized group of persons with a clear division of the role of each member.

So, in 2020, during the season of the sowing campaign, an advertisement for the sale of agricultural fertilizers at a "good" price appeared on one of the sites. The head of the enterprise "C" contacted the phone number indicated on the website. The call was answered by a person who introduced himself as the manager of the enterprise

"P" also explained at a professional level about the properties of this product, its features, conditions and terms of delivery, which created the opinion of the buyer about the decency of the seller. At the same time, a mandatory condition for the delivery of the goods was its full prepayment according to the issued invoice. The buyer agreed to buy the goods for the amount of UAH 360,000. After that, the manager of the company "P" contacted the buyer allegedly with an "accountant", who issued the buyer an invoice in electronic form. Having received the invoice in electronic form, the buyer checked the fact of the registration of the enterprise "P" with the help of available Internet resources, the type of its economic activity, and after making sure of the existence of such an enterprise, paid the invoice. But the goods were not delivered within the specified time, the phone that was indicated on the website did not work. The buyer, having arrived at the company's registered address, discovered that the company "C" never existed at the specified address.

The buyer appealed to the law enforcement authorities with a statement of fraud. The pre-trial investigation established that the enterprise "P" was issued for a dummy person. Fraudsters fraudulently obtained documents of citizens of Ukraine and in their name illegally, in collusion with officials of registration bodies and banks, also using forged documents, including: lease agreements; minutes of meetings of enterprise participants; registered enterprises with various types of economic activity, subsequently posted advertisements on websites about sale of goods, including agricultural destination. Calls from potential buyers were answered by participants trained for a specific type of product and in case of "successful" negotiations, i.e. in the case of the consent of the potential victim to "buy" the product, the so-called was translated the "accountant" who issued electronic invoices to the victims. After receiving the money in the account, it was transferred to cash and appropriated by the participants in the crime.

Having analyzed the e-market, the results of consumer interviews, we also identified the following common violations:

- non-compliance of the product with the technical characteristics declared by the seller on the website;

- violation of conditions of storage and transportation of goods;

- lack of documents confirming the fact of the agreement (properly drawn up purchase and sale agreement, act of acceptance, invoice);

- lack of service or warranty service for purchased goods, etc.

An example would be the following statement. Citizen N. chose a BOSCH SMV26MX00T dishwasher (product code: 000000) on the XXX website. In the delivered and paid for product, the availability of functions did not match those specified on the website in a number of points, in particular: display, child protection, start delay timer - in fact they were absent, water consumption, number of dishes - did not match. After verbal complaints were made over the phone, the company manager was unable to explain what had happened, and the company manager responded to the written statement by refusing to replace the product, which served as the basis for filing a lawsuit.

According to Art. 8 of the Law of Ukraine "On the Protection of Consumer Rights" dated 12.05.1991 No. 1023-XII in case of detection of deficiencies, i.e. of any non-compliance with the requirements of legal acts, terms of the contract, etc., the consumer, in the manner and within the time limits established by the legislation, has the right to demand:

- proportional price reduction;

Список використаних джерел:

1. Дослідження онлайн-продаж в період карантину

https://www.shopolog.ru/metodichka/analytics/issledovanie-onlayn- prodazh-v- period- karantina/

2. Коронавирус: https://www.bbc.com/russian/features-52647490

3. Особливості і проблемні моменти захисту прав споживачів при купівлі через Інтернет. https://legalitgroup.com/osoblivosti-i-problemni- momenti-zahistu-prav- spozhivachiv-pri-kupivli-cherez-internet/

4. Про захист прав споживачів. Закон України № 1023-XII, редакція від 16.10.2020 https://zakon.rada.gov.ua/laws/show/1023-12#Text

5. Про забезпечення функціонування української мови як державної. Закон України № 2704-VIII, редакція від 11.09.2020 https://zakon.rada.gov.ua/laws/show/2704- 19#Text

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