Contract in the mechanism of legal regulation of relations with the participation of consumers

Abstract

The scientific article is devoted to the study of the mechanism of legal regulation of contractual relations in general and the role of the contract in the means of legal regulation of relations with the participation of consumers. In the article, based on the analysis of scientific literature and current legislation, the structural elements of the mechanism of legal regulation of contractual relations with the participation of consumers are analyzed, their characteristics are carried out, and the place and meaning of the contract in this mechanism is clarified. Elements of the means of legal regulation of contractual relations with the participation of consumers include regulatory basis; legal facts; civil rights and obligations of consumers and business entities; implementation of legal norms and subjective civil rights and obligations; protection of subjective civil rights and legitimate interests of participants in consumer relations. It is proved that the meaning and place of the contract in the legal regulation of contractual relations with the participation of consumers is expressed in the equivalent of the ratio of normative and individual regulators of these relations. The place of unfair contract terms in the ratio of normative and individual in the regulation of contractual relations with the participation of consumers is studied. It has been established that the current state of legal law of relations with the participation of consumers indicates their detailed legal regulation by acts of civil legislation. It was concluded that despite a significant number of imperative norms in the legal regulation of contractual relations involving consumers, the contract performs not only the role of a legal fact, which is the basis for the emergence of the specified relationship but also the function of an individual regulator, in which its parties, based on the principle of disposition get the opportunity to regulate those areas of their contractual interaction that are not mediated by normative regulation.