The Concept Of «Consumer» According To The Laws Of Ukraine And The European Union

  • I.I. Banasevych
Keywords: consumer, consumer protection, consumer rights, entrepreneur, personal needs.

Abstract

The article is devoted to the theoretical understanding of the concept of «consumer» based on modern scientific achievements of the science of civil law, as well as regulations and legal positions of the courts of Ukraine and the European Union. In the current legislation of Ukraine, the term «consumer» is used quite often, but the meaning that the domestic legislator invests in it varies. The main legal act that establishes the legal status of the consumer is the Law of Ukraine «On Consumer Protection». According to this law, a consumer is a natural person who purchases, orders, uses, or intends to purchase or order products for personal needs not directly related to business activities or the performance of duties of an employee. It follows from this definition that consumers can only be individuals, including citizens of Ukraine, foreigners, and stateless persons. Instead, when applying the rules of consumer law, legal entities cannot be classified as consumers. Also, the Law of Ukraine «On Consumer Protection» does not apply if an individual has the status of an entrepreneur and buys, orders, or uses goods (works, services) for business activities. As a consumer, the Law of Ukraine «On Consumer Protection» recognizes an individual who only intends to purchase a product or order work or service. Such provisions of Ukrainian legislation are in line with European practice, as most European Union directives on the definition of consumer rights in various areas recognize a consumer as an individual acting for a purpose not related to business or professional activities. Legislation in some European countries, such as France, Germany, Poland, and Italy, also does not support the idea of extending consumer protection legislation to legal entities.

Published
2020-08-07
Section
Articles