Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 76
Enero
Marzo
2023
Recibido el 10/10/22 Aceptado el 26/12/22
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 41, Nº 76 (2023), 568-591
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Protection of consumer rights in Ukraine
DOI: https://doi.org/10.46398/cuestpol.4176.34
Liudmyla Mykytenko *
Yuliia Tyshchenko **
Olena Sevastyanenko ***
Anton Demchuk ****
Karyna Kolomiiets *****
Abstract
The article analyzes the conceptual foundations of the
formation of a system of protection of the rights and legitimate
interests of consumers. With the help of the dialectical method,
a complex of general and special scientic methods, the essence
of civil legal protection of consumer rights and organizational,
legal and economic aspects of consumer protection have been
claried. The necessity of development and approval of unied
standards for rendering nancial services to consumers has been
demonstrated. The main directions of formation and implementation of
the policy of consumer rights protection in the eld of trade and provision
of nancial services, with emphasis on digitalization of relevant legal
relations, have also been determined. In the conclusions, the desirability
of developing and consolidating, at the normative level, the Comprehensive
Program for the Implementation of the State Policy on the Protection of
the Rights of Financial Services Consumers for 2023-2027 is substantiated.
Finally, arguments were presented to complement the legislation in the eld
of consumer relations with other normative legal acts in order to guarantee
the protection of consumers’ rights.
Keywords: consumers; goods and services; protection of rights;
restoration of violated rights; legal guarantees.
* Candidate of legal sciences, Associate Professor, Associate Professor at the Department of International,
Civil and Commercial Law, State University of Trade and Economics, Kyiv, Ukraine. ORСID ID: https://
orcid.org/0000-0002-5365-3377
** Candidate of legal sciences, Associate Professor, Associate Professor at the Department of International,
Civil and Commercial Law, State University of Trade and Economics, Kyiv, Ukraine. ORСID ID: https://
orcid.org/0000-0002-3799-4227
*** Senior lecturer, Department of Administrative, Financial and Information law, State University of
Trade and Economics, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-7260-7045
**** Candidate of legal sciences, Associate Professor, Dean of Faculty of Law, Lesya Ukrainka Volyn National
University, Lutsk, Ukraine, ORСID ID: https://orcid.org/0000-0002-7827-0698
***** Doctor of Philosophy in law, Senior Scientic Associate at the Department of International, Civil and
Commercial Law, State University of Trade and Economics, Kyiv, Ukraine. ORСID ID: https://orcid.
org/0000-0002-8045-0188
569
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 568-591
Protección de los derechos del consumidor en Ucrania
Resumen
El artículo analiza los fundamentos conceptuales de la conformación
de un sistema de protección de los derechos e intereses legítimos de
los consumidores. Con la ayuda del método dialéctico, un complejo de
métodos cientícos generales y especiales, se ha aclarado la esencia de la
protección legal civil de los derechos de los consumidores y los aspectos
organizacionales, legales y económicos de la protección de estos. Se ha
demostrado la necesidad de desarrollar y aprobar estándares unicados para
la prestación de servicios nancieros a los consumidores. También se han
determinado las direcciones principales de la formación e implementación
de la política de protección de los derechos del consumidor, en el campo
del comercio y la prestación de servicios nancieros, con énfasis en la
digitalización de las relaciones legales relevantes. En las conclusiones se
fundamenta la conveniencia de desarrollar y consolidar, a nivel normativo,
el Programa Integral para la Implementación de la Política de Estado
en la Protección de los Derechos de los Consumidores de Servicios
Financieros para 2023-2027. Finalmente, se presentaron argumentos para
complementar la legislación en el campo de las relaciones de consumo con
otros actos jurídicos normativos a n de garantizar la protección de los
derechos de los consumidores.
Palabras clave: consumidores; bienes y servicios; protección de
derechos; restauración de derechos vulnerados;
garantias legales.
Introduction
Modern consumer society cannot exist without trade and economic
relations, buying and selling (Grechany, 2022). The military invasion of
the territory of Ukraine by the Russian Federation, permanent nancial
and economic crises, COVID-restrictions signicantly aected the nancial
capacity of the population, led to a signicant increase in the number of
works and services using the Internet, consumer loans, which increases the
risk of violation of the rights and legitimate interests of consumers.
One of the most important principles of a market economy is to prioritize
the interests of consumers along with the interests of individual economic
entities and even the state itself, bringing the provision of public services
as close as possible to their direct consumers (Oluyko et al., 2022). Strict
adherence to this principle is the main condition for the development of the
internal market (Yanovytska, 2021). Any democratic state should strive to
570
Liudmyla Mykytenko, Yuliia Tyshchenko, Olena Sevastyanenko, Anton Demchuk y Karyna Kolomiiets
Protection of consumer rights in Ukraine
strengthen the legal protection of consumers, ensure eective control over
the quality and safety of products and all types of works and services, and
improve legislation on the protection of consumer rights. The absence of
a comprehensive system of state control in the specied area leads to the
emergence of competitive advantages for unscrupulous business entities.
1. Methodology of the study
The methodological basis of the research was general scientic methods
of cognition, the systematic application of which ensured the solution of the
formulated tasks and the achievement of the goal of the dissertation work.
In particular, the application of the dialectical method made it possible
to study the analysis of the conceptual foundations of the formation of
the protection of the rights and legitimate interests of consumers at the
state level, to determine the essence of the civil law protection of the
rights and interests of consumers, to study the organizational, legal and
economic aspects of the protection of consumer rights in the system
of consumer relations; logical-semantic to determine the categorical
apparatus: «consumer legal relations», «protection of the rights and
interests of consumers»; comparatively legal – for the purpose of revealing
the mechanism of appeals by consumers of goods and services to state
authorities regarding the protection of violated rights and legitimate
interests, development and approval of unied standards for the provision
of nancial services to consumers, etc.
The formal-logical method was used when studying the content of
legislation in the eld of consumer legal relations. The results of the
dogmatic (logical) analysis were used in the formulation of the dissertation’s
conclusions and proposals, taking into account the requirements for
the consistency, reasonableness and consistency of judgments within
the framework of general theoretical and legal constructions using the
conceptual apparatus of the relevant branches of science.
The system-functional method made it possible to consider the
interrelationship and mutual inuence of various elements of the
mechanism for protecting the rights of service consumers, to propose
promising measures to accelerate the digitalization of the economy of
Ukraine. The comparative legal method was used to analyze foreign
experience and activities of international institutions for the protection of
the rights of consumers of goods and services.
571
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 568-591
2. Analysis of recent research
Protection of the rights of a citizen as a consumer is one of the most
important features of a democratic society and the direction of protection
of the constitutional rights of citizens. Scientic and technical progress,
and the related economic development, actualized the need to update at
the state level regulatory and economic mechanisms for the protection of
consumer rights from low-quality goods, work results and services (Satir
et al., 2020).
It must be stated that currently in Ukraine at the state level, an eective
mechanism for the implementation and protection of consumer rights,
as well as an accessible and transparent system of pre-trial settlement of
consumer disputes and response to their results, has not yet been developed.
This aspect requires joint eorts of science and practice and actualizes
research in this direction.
Various aspects of ensuring the realization of consumer rights were
the subject of scientic investigations at the level of monographic studies
and scientic articles (Kregul and Radchenko, 2018; Satir et al., 2020;
Yanovytska, 2021; Mulyar, 2019; Belova, 2020; Gorokhova, 2021).
The signicance of these works in the eld of protection of individual
consumer rights is undeniable, however, the mechanism of application of
the provisions of legislation on the protection of consumer rights causes
numerous diculties regarding: the consequences of violation of the terms
of consumer contracts; assignment of property and/or moral damage; the
consumer’s choice of an eective means of protection, etc.
The detailed and imperfect legislative regulation of individual legal
relations in the consumer sphere indicates an inadequate state of compliance
with consumer rights. This indicates the relevance of the selected issues,
and also conrms the need for a systematic analysis of a number of general
theoretical and practical issues.
The purpose of the scientic article is to solve theoretical and practical
issues related to the protection of consumer rights in Ukraine, as well as to
formulate scientically based conclusions of an applied nature, aimed at
ensuring the protection of the rights of the specied category of persons.
Achieving the goal involves solving the following tasks: to study the
international experience of consumer rights protection; to carry out an
analysis of civil legal remedies for the protection of violated consumer rights;
to determine the features of social and legal provision of electronic business
in conditions of digitization; formulate proposals and recommendations
for improving the mechanism of consumer rights protection in Ukraine in
accordance with international standards and leading foreign practices.
572
Liudmyla Mykytenko, Yuliia Tyshchenko, Olena Sevastyanenko, Anton Demchuk y Karyna Kolomiiets
Protection of consumer rights in Ukraine
3. Results and discussion
3.1. Regulatory and legal regulation of consumer legal relations
in Ukraine
Consumer legal relations in Ukraine should be understood as social
relations regulated by law, contractual terms and legal customs, arising
between a consumer who purchases or intends to purchase a product
(work, service) to meet personal, household and family needs by concluding
a contract with the subject entrepreneurial activity (seller, executor,
manufacturer, importer) or self-employed person.
The essence of civil law protection of the rights and interests of
consumers is the possibility of them taking actual and legal actions aimed
at protecting their violated rights and interests, the activities of state bodies
and public organizations authorized by law to prevent, stop the oense and
restore the violated rights.
The provisions of the Law of Ukraine «On the Protection of Consumer
Rights» and in general legislation in the eld of consumer rights protection
are aimed at protecting the natural person - the consumer as the weaker
party (Yanovytska, 2021), but the norms of the Civil Code of Ukraine, which
take care of the rights of both individuals and legal entities, are hardly aimed
at distinguishing in this case these subjects from the position of protecting
their rights in the eld of acquisition or the intention to acquire goods
(works, services) to satisfy their own needs by concluding an appropriate
contract with a subject of entrepreneurial activity or a self-employed person.
In our opinion, legal entities can also apply for the protection of their
rights as consumers in accordance with the norms of the Civil Code of
Ukraine and the Law of Ukraine «On the Protection of Consumer Rights»,
for example, to purchase quality goods (works, services) in order to satisfy
their own needs.
There is no doubt that the executor is responsible for damage caused to
the life, health or property of the consumer, which occurred in connection
with the use of things, materials, tools, devices, equipment, devices or
other means necessary for his performance of work, providing services,
etc., regardless of the level of his scientic and technical knowledge, which
makes it possible to establish their properties.
In developed countries and developing countries, legislation on the
protection of consumer rights takes into account or is completely based
on the main international legal document in this eld – the Guidelines
for the Protection of Consumer Interests, prepared by the Economic and
Social Council of the United Nations and approved by the resolution of the
General Assembly of the United Nations (1985).
573
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 568-591
The Guiding Principles include the right to: safety of goods to the
basic rights of consumers; information; selection of goods; expressing
one’s thoughts; satisfaction of basic needs; reparation; education; healthy
environment.
Taking into account the interests and needs of consumers in all
countries, and considering that consumers should have the right to access
safe products, and considering the importance of promoting fair, equitable
and sustainable economic and social development, the Guiding Principles
have recognized as their goal: to help countries in establishing and further
ensuring proper protection of the population as consumers; promoting
the creation of production and distribution structures capable of meeting
the needs and requests of consumers; encouraging a high level of ethical
standards for those involved in the production and distribution of goods
and services for consumers; assistance to countries in the ght against the
business practices of enterprises at the national and international levels,
which negatively aects consumers; promoting the creation of independent
groups of consumers; expansion of international cooperation in the eld of
consumer protection; encouraging the creation of market conditions that
provide consumers with greater choice at lower prices.
In Ukraine, consumer relations are regulated by the following main
legislative acts: the Constitution of Ukraine (Constitution of Ukraine,
1996); the Law of Ukraine «On the protection of consumer rights» (On
The Protection Of Consumer Rights: Law of Ukraine, 2005); the Civil code
of Ukraine (Civil Code of Ukraine, 2004); other normative legal acts (in
particular, resolutions of the Cabinet of Ministers of Ukraine).
The Constitution of Ukraine denes the basic legal principles important
for consumers. Yes, according to Art. 42 of the Constitution of Ukraine
«The state protects the rights of consumers, monitors the quality and safety
of products and all types of services and works, promotes the activities of
consumer public organizations» (Constitution of Ukraine, 1996).
Article 50 denes that «Everyone has the right to an environment safe
for life and health and to compensation for damage caused by the violation
of this right. Everyone is guaranteed the right of free access to information
about the state of the environment, about the quality of food products and
household items, as well as the right to its dissemination. Such information
cannot be classied by anyone» (Constitution of Ukraine, 1996).
It should be emphasized that the Law of Ukraine «About protection of
Consumer Rights» (On The Protection Of Consumer Rights: Law of Ukraine,
2005); the Civil procedure code of Ukraine (Civil Code of Ukraine, 2004),
like other normative acts on the protection of consumer rights, applies to
all enterprises that serve the population, trade enterprises, enterprises in
the service sector, enterprises that perform work, enterprises of household
574
Liudmyla Mykytenko, Yuliia Tyshchenko, Olena Sevastyanenko, Anton Demchuk y Karyna Kolomiiets
Protection of consumer rights in Ukraine
services, public catering enterprises. That is, the legislation regulates all
cases in which a citizen is a consumer (a person who purchases, orders,
uses or intends to purchase or order goods (works, services) for personal
household needs).
The consumer has the right to demand from the seller (manufacturer,
contractor) that the quality of the goods purchased (work performed,
service provided) meets the requirements of regulatory documents, the
terms of the contract, as well as information about the goods (work, service)
provided by the seller (manufacturer, contractor). The purchased product
(work, service) must be of high quality and safe for the life and health of
every person.
The Civil Code of Ukraine (2004) regulates the contractual relations that
arise between the consumer and the seller (producer) during the purchase
of goods. Chapter 54 of the Civil Code of Ukraine regulates the relationship
between the seller and the buyer (consumer), the relationship of purchase
and sale in cases of exchange of goods (Article 707), establishes the rights
of the buyer in the event of the sale of goods of inadequate quality (Article
708) and the procedure and terms for satisfying the buyer’s requirements
on replacement of goods or elimination of defects (Article 709) and others
(Civil Code of Ukraine, 2004).
The system of consumer law as a complex civil law institution, in addition
to the Law «On protection of consumer Rights» (On The Protection Of
Consumer Rights: Law of Ukraine, 2005), includes other legislative acts
and their separate norms in the eld of trade and other types of household
services for the population. In particular, it is worth emphasizing the
importance for consumer law of the Law of Ukraine «On protection from
Unfair Competition» (On Protection From Unfair Competition, 1996), the
Law of Ukraine «About advertising» (Law of Ukraine, 1996) and other
regulatory acts that contain separate provisions that directly or indirectly
contribute to the protection of consumer rights.
According to the decision of the Constitutional Court of Ukraine (The
decision of the Constitutional Court of Ukraine, 2011), the consumer, as a
rule, objectively lacks the knowledge necessary to make the correct choice
of goods (works, services) from those oered on the market, as well as to
evaluate contracts for their purchase, which are often have the form of a
form or other standard form. Therefore, there is a risk for the consumer to
buy goods or services that he does not need by mistake or even as a result
of being misled.
Therefore, the state ensures special protection of the weaker subject
of economic relations, as well as the actual, not formal, equality of the
parties in civil legal relations, by dening the peculiarities of contractual
legal relations and limiting the eect of the principle of freedom of civil
575
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 568-591
contract. This is done by establishing a special procedure for the conclusion
of civil contracts, their dispute, control over the content and distribution of
responsibility between the parties to the contract.
The Law of Ukraine «On Consumer Lending» (On Consumer Lending,
2016) provides for the following security mechanisms to protect borrowers
as the weaker party: approval by the National Bank of Ukraine of the
methodology for calculating the total cost of the loan for the consumer, the
real annual interest rate under the consumer loan agreement; requirements
for information provided to the consumer before concluding a consumer
credit agreement; the list of information provided to the borrower during
the term of the consumer credit agreement; the consumer’s right to
withdraw from the consumer credit agreement, early repayment of the
loan; restrictions on the amount of penalties and nes under the contract;
requirements for interaction with consumers and other persons in the
settlement of overdue debt (requirements for ethical behavior).
In our opinion, the provisions of the Law of Ukraine «On Consumer
Lending» generally correspond to the Charter of Consumer Protection
(Resolution Of The Consultative Assembly Of The Council Of Europe,
1973), Directive 2005/28/EU on unfair commercial practices in relations
between entrepreneurs and consumers in the EU internal market
(Directive No. 2005/28/Ec Of The European Parliament And The Council,
2005). The Consumer Protection Charter provides for the prohibition of
direct or indirect deception of consumers, including in the nancial sector
(Resolution Of The Consultative Assembly Of The Council Of Europe, 1973).
Scientists and practitioners have repeatedly emphasized the
implementation of other legislative acts of the European Union (Directive
No. 98/6, 1998; Directive No. 2005/28/EC, 2005; Directive No. 2019/771
Of The European Parliament And The Council, 2019) on certain aspects
relating to contracts for the sale of goods, which makes changes to Regulation
(EU) No. 2017/2394 and Directive No. 2009/22/EC and repeals Directive
No. 1999/44/EC (Directive No. 2019/771 Of The European Parliament
And Of The Council, 2019); Directive No. 93/13/EC (Directive No. 93/13/
Ec Of The European Parliament And The Council, 1993); Directive No. 20
11/83/EU on consumer rights, which amends Council Directive No. 93/13/
EEC and Directive No. 1999/44/EC of the European Parliament and the
Council and repeals Council Directive No. 85/577/EEC and Directive No.
97/7/EC of the European Parliament and Council; Directive No. 2013/11/
EC (On Alternative Resolution Of Consumer Disputes And Amendments
To Regulation, 2013) on alternative resolution of consumer disputes and
on amendments to Regulation (EC) No. 2006/2004 and Directive No.
2009/22/EC; Directive No. 2009/22/EU (On Some Aspects Relating To
Contracts For The Sale Of Goods, Amending Regulation, 2009); Regulation
(EU) No. 2017/2394 on cooperation between national bodies responsible
576
Liudmyla Mykytenko, Yuliia Tyshchenko, Olena Sevastyanenko, Anton Demchuk y Karyna Kolomiiets
Protection of consumer rights in Ukraine
for the implementation of consumer protection laws and which repeals
Regulation (EC) No. 2006/2004 (Regulation (EC) No. 2017/2394, 2017).
3.2. Social and legal security of consumer legal relations under
the conditions of digitalization
The popularization and development of digital technologies, the use of
the Internet, social networks, mobile applications have become part of the
daily life of billions of people (Gorokhova, 2021), and consumer marketing
has begun to focus on the digital environment, especially in social networks
and mobile devices (Gorokhova, 2021).
Figure No 01: Growth dynamics of social networks from 2016 to 2021
(built by the author based on data from (Digital 2022, Global Overview Report, 2022)
Internet strategies have developed rapidly over the past decade. In
response to modern challenges, users have adapted their behavior on the
Internet. These changes have led to the development of new user habits
and behaviors in a digital environment that is increasingly characterized by
personalized strategies to attract new consumers. Therefore, research on
consumer behavior should be aimed at studying and analyzing consumer
behavior in the digital environment.
Social security of the economy and its integral component - business
- is inextricably linked with social responsibility. Since this phenomenon
is not widespread enough in Ukraine, a key role is played by traditional
legal responsibility, including economic and civil law. At the same time, the
application of such responsibility in the conditions of the digital economy
becomes problematic with regard to “digitalized” phenomena, in particular
577
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 568-591
in relations with the participation of virtual enterprises and/or with the
use of business sites (Internet stores, Internet trading platforms, etc.)
(Belova, 2020).
Legal regulation of relations in the eld of the digital economy, given
their novelty, rapid development and the need to take into account world
experience, is dicult to recognize as adequate to the real state of such
relations and, accordingly, eective. This applies, in particular, to the
procedural status and responsibility of virtual enterprises, the procedure
for using business websites, the establishment at the legislative level of
information support for citizens-consumers and other participants in
digital economy relations regarding the procedure for their use, the control
system of authorities, the possibility of online dispute resolution.
It should be noted that the dominant tendency to protect the rights of
consumers of nancial services in Ukraine, which is embodied in the latest
legal acts, does not meet the modern challenges that arise every day in such
“complex” markets, does not adequately protect the rights and legitimate
interests of consumers and does not correspond to modern global trends in
protecting the interests of the specied persons.
This, in particular, is due to the lack of sucient legislative consolidation
of the appropriate level of digitization of the activities of state authorities
in terms of state supervision of the activities of nancial services market
entities, which directly aects the level of protection of the rights and
legitimate interests of consumers (Pitsuria, 2020).
The use of digital technologies in the eld of economy led to the
emergence of new subjects and new resources, the legal status and legal
regime of which the legislator does not have time to determine. It must be
stated that today the relations involving virtual enterprises have not been
regulated, which allows them (as well as their participants) to act virtually
anonymously on the Internet, because they usually do not acquire the
appropriate status, as is mandatory for business entities in the condition’s
analog economy.
In the eld of the digital economy, in addition to traditional
participants in economic relations (business entities with the status of an
individual entrepreneur or legal entity, consumer-citizens and subjects of
organizational and economic powers created as legal entities, consumer-
citizens), so-called virtual enterprises are widespread as a group of
individuals and/or legal entities that often uses one electronic resource - an
electronic store or an electronic trading platform, but without registration
of the organizational unity of such a group as a legal entity.
In the case of the use of the mentioned resources by the participants of
such an enterprise, it is usually not easy to establish the person responsible
for compliance with the requirements of the legislation (including the laws
578
Liudmyla Mykytenko, Yuliia Tyshchenko, Olena Sevastyanenko, Anton Demchuk y Karyna Kolomiiets
Protection of consumer rights in Ukraine
“About electronic commerce” (About Electronic Commerce, 2015) and “On
protection of consumer rights” (On The Protection Of Consumer Rights:
Law of Ukraine, 2005), in particular, regarding the need to post relevant
information (about the seller and characteristics of the product, terms of
its return, etc.).
It is the gaps in the legislation regarding the specics of the legal position
and responsibility of virtual enterprises allow them to avoid the legalization
necessary for functioning in the eld of economy (despite the presence of it
for some of the participants of the virtual enterprise) and, accordingly, bear
responsibility for non-compliance with the requirements of the legislation,
including regarding the disclosure of information provided for by the laws
“About electronic commerce” (About Electronic Commerce, 2015) and “On
protection of Consumer Rights” (On The Protection Of Consumer Rights:
Law of Ukraine, 2005).
The analysis of the interpretation of the norms of the current legislation
of Ukraine, the law of the European Union, the provisions of the scientic
doctrine and the materials of law enforcement practice leads to a conclusion
regarding the possibility and necessity of extending the provisions of the
legislation of Ukraine on the protection of consumer rights to business
entities.
This will make it possible to move away from the “narrow” legislative
approach to the interpretation of the term “consumer” and extend the eect
of special legislation to those persons who are actually consumers of any
nancial service. We are talking about legal entities and/or individuals
to whom informational and contractual disproportion conditions may
be applied in the consumption process, which puts them in the position
of “weak side” under the contract in the eld of consumer activity. In our
opinion, this approach will make it possible to apply special methods of
protection to (On the Protection of Consumer Rights: Law of Ukraine,
2005) over general ones.
So: the consumer of the nancial service (individual or legal entity) usually
takes the position of the “weak party” in the binding legal relationship with
the nancial institution; in order to protect the interests of the consumer
in binding legal relations, when forming the terms of the contract, the
nancial institution must be guided by the principles of: fairness, good
faith and reasonableness, the impossibility of imposing on the consumer
an unjustied burden of clarifying the content of the contract, sucient
information, attentiveness and caution; the consumer of a nancial service
should be subject to the Law of Ukraine “About protection of Consumer
Rights” (On The Protection Of Consumer Rights: Law of Ukraine, 2005),
which requires making appropriate changes to its content.
579
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 568-591
However, proper protection of the rights and legitimate interests of
consumers in modern conditions is possible only on the basis of electronic
interaction between all participants in the process of providing and
receiving relevant services.
It is worth emphasizing that changes in the legal regulation of the
nancial services market, as a common goal, in particular, are aimed at:
creating an appropriate system for protecting the rights and interests of
consumers of nancial services; elimination of gaps and inconsistencies in
the current system of legal protection of consumer rights; determining the
competence of regulators of nancial services markets (the National Bank
of Ukraine and the National Securities and Stock Market Commission) and
empowering them to protect the rights of consumers of nancial services.
However, the indicated progressive legal acts do not actually establish at
the proper level the role of the use of IT technologies in order to protect the
rights and legitimate interests of consumers through the digitization of the
process of state supervision.
Today, several areas can be singled out, the gaps in the regulation of
which lead to numerous cases of violation of consumer rights in Ukraine,
and the consumer at the same time nds himself virtually alone with
the problems of the violated right. Thus, there are unresolved issues of
consumer rights protection in the eld of electronic commerce, there are no
eective protection mechanisms against unfair trade activities, ineective
protection of consumer rights during product warranty service, etc.
According to the results of the analysis of consumer appeals about the
violation of their rights, in particular, in the eld of electronic commerce,
the following was found: when buying products in online stores, consumers
are provided with unreliable information about the product, its consumer
properties, price, delivery conditions, the consumer’s right to terminate the
contract is violated, rejection of products and refunds; there are cases of a
lack of information about a business entity sucient for its identication,
which makes it impossible to carry out state supervision measures in the
event of a violation by the business entity of legislation on the protection of
consumer rights.
It is worth paying attention to draft law No. 6134 (2021) registered
in the Verkhovna Rada of Ukraine, which regulates relations between
consumers of goods, works and services and business entities, regardless of
the form of ownership, that produce, sell goods or food products, perform
work or provide services, establish rights consumers, and also denes the
mechanisms of their protection and the basis of implementation of state
policy in the eld of consumer rights protection.
The draft law, in particular, proposes: to dene the principles on which
the protection of consumer rights is based in accordance with the principles
580
Liudmyla Mykytenko, Yuliia Tyshchenko, Olena Sevastyanenko, Anton Demchuk y Karyna Kolomiiets
Protection of consumer rights in Ukraine
of the European Union; to extend the eect of legislation to the eld of food
products in terms of consumer economic rights; to dene the spheres to
which this Law does not apply, in order to avoid duplication of control
functions of state control bodies; determine the rights and obligations of
consumers in electronic commerce.
Determine the list of information about the products and the business
entity that it must provide when conducting electronic trade and the
responsibility for the lack of such information, in addition, the responsibility
of the business entity that provides trade marketplace services for placing
goods for sale by other business entities; give the consumer the right to
replace the product with the same or similar one, if the repair of the product
purchased by the consumer requires more than fourteen calendar days;
give the consumer the right to a price reduction or a refund if the product
defect appears after repair, etc.
In our opinion, the legislation in the eld of consumer legal relations
should be supplemented with a provision on giving the State Production
and Consumer Service the right to apply to the Internet service provider to
restrict access to the websites of business entities that use unfair business
practices and violate the legislation on the protection of consumer rights.
Business entities should also be exempted from the obligation to create an
exchange fund of goods, and the provision by business entities of documents
conrming warranty obligations in electronic form should be introduced.
The goal of further reform and development of consumer services, in
accordance with leading international practices, should be its focus on
protecting the rights and legitimate interests of consumers, through the
digitization of the specied processes, in accordance with the requirements
of Regulation No. 910/2014 on electronic identication and trust services
for electronic transactions within the internal market (Regulation (EU)
No. 910/2014, 2014), Regulation 2016/679 of the European Parliament
and the Council of (Regulation (EU) 2016/679, 2016) on the protection
of individuals with regard to the processing of personal data and on the
free movement of such data and Directive 2015/2366 of the European
Parliament and of the Council on payment services in the internal market
(Directive 2015/2366, 2015). This proves that digitalization in the nancial
sector stimulates the development of a digital society in Ukraine.
Therefore, we state that, despite the individual transformations of
regulatory and legal regulation, the existing system of protecting the rights
and legitimate interests of consumers of nancial services must undergo
changes in view of the global and pan-European trends of the specied
processes and nd its embodiment in the direction of digitalization of
relations that arise between state bodies authorities and consumers.
581
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 568-591
3.3. Main vectors of protection of the rights of consumers of
nancial services in Ukraine
The market of nancial services is dynamically developing all over the
world, as a result of which the number of consumers is constantly increasing,
nancial products are becoming more dicult to understand possible risks.
They do not always have a sucient level of information and knowledge
when choosing a certain nancial service, which often leads to unexpected
nancial obligations and risks that nancial institutions take advantage of.
In view of this, improving the system of consumer rights protection in
the nancial services markets is one of the primary tasks of the state before
consumers, which will further contribute to attracting public funds to the
nancial sector.
One of the important areas of cooperation between the European Union
and Ukraine, provided for in the Association Agreement, is the strengthening
of the protection of the rights of consumers of nancial services.
The balance of rights and obligations of nancial institutions and
consumers of nancial services is constantly violated as a result of legislative
initiatives that strengthen the position of one party at the expense of the
other, the practice of implementing nancial services, which is formed
without taking into account the need to respect other participants in the
nancial services markets, respect for their rights and interests (Kregul and
Radchenko, 2018).
Taking into account the dicult situation in the sphere of ensuring the
state consumer policy in the sphere of nancial services, the improvement
of the state regulation of administrative and legal protection of the rights of
consumers of nancial services, which is gaining more and more importance
and spread in Ukraine, is of great importance.
The legislative exposition of the implementation of the directives of the
European Union on the protection of the rights of consumers of nancial
services is contained directly in the normative legal acts and plans for the
implementation of the norms of the European Union with the legislation of
Ukraine (Kregul and Radchenko, 2018).
In Ukraine, the “Comprehensive program for the implementation of
state policy in the eld of protection of the rights of consumers of nancial
services for the period 2017-2022 was developed, the purpose of which
was to focus foreign policy on integration into European structures and
the specics of the functioning of the system of state bodies that exercise
administrative and legal inuence in in the eld of ensuring the protection
of the rights of consumers of nancial services in Ukraine and relied on the
experience of European countries in this matter.
582
Liudmyla Mykytenko, Yuliia Tyshchenko, Olena Sevastyanenko, Anton Demchuk y Karyna Kolomiiets
Protection of consumer rights in Ukraine
In general, the specied program provides for: the implementation and
adaptation of national legislation on regulating the order and conditions of
providing nancial services to consumers, concluding credit agreements,
etc. to the legislation of the European Union, in particular the Directives of
the European Parliament and the Council of the EU; expanding the powers
of the National Bank of Ukraine and the National Commission for Securities
and the Stock Market in terms of strengthening the application of sanctions
to nancial institutions in case they violate the legislation on the protection
of consumer rights; creation of a legal mechanism for pre-trial and out-of-
court review of consumer complaints and resolution of disputes between
nancial institutions and consumers.
Establishment at the legislative level of requirements for proper
informing of consumers before concluding contracts for the provision
of nancial services and for the reliability of information contained in
advertising of nancial services, additional requirements for the protection
of personal data of consumers with the denition of responsibility for
their violation; taking measures to strengthen control over advertising in
nancial services markets.
In the post-war period, the continuation of the formation of the system
of state bodies in the eld of consumer rights protection in Ukraine should
take place on the basis of the development of an appropriate scientic
theory, concept, strategy and program for the implementation of an
adequate comprehensive policy, the presence of the necessary institutions,
the use of means and methods of its provision.
In our opinion, the Comprehensive Program for next ve years should
reect the following main directions of strengthening the state consumer
policy in Ukraine: improvement of legislation on consumer rights protection,
in particular regarding the scope and procedure of mandatory disclosure of
information by nancial and other institutions; intensication of processes
of adaptation of national legislation on the protection of consumer rights to
the legislation of the European Union; coordination of the work of bodies
that carry out state regulation of consumer services and other central
bodies of executive power regarding the protection of consumer rights;
introduction of state regulation of the procedure for assessing the level of
compliance by enterprises, institutions and organizations with consumer
rights; creation of a modern institutional structure for the protection of
consumer rights.
Taking into account the practice of the countries of the European Union
(creation of associations for the protection of consumer rights, introduction
of the ombudsman institute, another mechanism for pre-trial review
of complaints and dispute resolution); creating a legal framework and
promoting the introduction of a system of compensation mechanisms in
nancial services markets; implementation of state target programs for the
583
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 568-591
training of specialists in matters of consumer rights protection; formation,
taking into account world practice, in the structure of bodies that carry
out state regulation of nancial services markets, separate units for the
protection of consumer rights; activation of public awareness activities;
providing information to the population through the mass media about
the services of nancial institutions and about possible consumer risks;
introduction of educational programs for consumers.
Such a Comprehensive Program should become a guarantee of a clear
systematic and consistent improvement of the state regulation of consumer
rights protection in Ukraine and, thus, ensure the implementation of
the state consumer policy, which is due to the need to take into account
the consequences of the war on the territory of Ukraine, as well as the
experience and manifestations of the global nancial crisis in the national
economy, with the aim of introducing eective mechanisms to protect it
from the consequences, as well as ensuring reliable protection of consumer
rights.
It should be noted that in recent years, Ukraine has been actively
digitized, which to a large extent today allows the country to successfully
ght in the digital space and information front. Despite the war, the
struggle on the information front and in cyberspace, active work is being
done on the development of a plan for the digital development of Ukraine in
the post-war period with the aim of restoring the economy and rebuilding
industry. Even in wartime, the IT sector has demonstrated its resilience to
stressful situations.
The industry continues to fulll contracts, export its services, provide
foreign exchange earnings and support the economy. Thus, according to
the data of the National Bank of Ukraine, in the 1st quarter of 2022, the IT
industry, thanks to mobility, portability and the ability to work remotely,
provided a record quarterly export of $2 billion for all years of its existence.
She managed to keep 95% of the contracts.
The digital transition is a strategic direction for increasing the stability
of the Ukrainian economy, which requires fundamental changes in the
organization of processes in all sectors of the economy without exception.
In order to ensure the economic stability of the IT industry of the state,
it is necessary to have a specic growth strategy. This is not only about
economic levers, but also about incentives for investment, development of
education, etc.
Ukraine presented its vision of the digital future at the World Economic
Forum in Davos - to transform 100% of public services into the online
sphere, provide 95% of the population with high-quality Internet, teach
digital skills and increase the share of IT in the gross domestic product (A
digital skills platform will be created in Ukraine, n/d). We are launching
584
Liudmyla Mykytenko, Yuliia Tyshchenko, Olena Sevastyanenko, Anton Demchuk y Karyna Kolomiiets
Protection of consumer rights in Ukraine
free training for entrepreneurs. Action.Business; (With the support of
the Ministry of Digital Transformation, technological SET University is
launching recruitment for training in cyber security / Ministry of Digital
Transformation: ocial website, n/d). For this purpose, it is planned to
further expand the capabilities of the Diya application, support Diya.
City, reform IT education, and develop the startup ecosystem. Today,
in Ukraine, there is a special legal and tax space Diya.City with low taxes,
the norms of English law and a new exible form of cooperation between
specialists and the company – gig contracts. Despite the fact that Diya.City
started only at the beginning of February 2022, more than 250 companies
have already become its residents (Bornyakov, 2022).
During the period of martial law in Ukraine, a number of important
measures were implemented, aimed at implementing tools for the
interoperability of digital documents with European ones, at creating
personal digital identity wallets (European Digital Identity Wallet), which
will contribute to the establishment of a single system of digital identication
of persons in electronic format in Ukraine (What is a digital wallet and how
does it legalize documents throughout the European Union? BIT.UA, n/d).
With the aim of digital integration of Ukraine into the EU and joining
Ukraine to the «Digital Europe» program, to a single roaming space, to
speed up the provision of digital content and digital services to consumers
in wartime, the adoption of a corresponding draft law is being considered,
which will contribute to the development of technologies in wartime with
the involvement of strategic nancing for the digitization of Ukraine (Draft
Law No. 6576, 2022).
Reorientation in support of micro and small enterprises, which suered
the most as a result of armed aggression, continues. The Ministry of Digital
Transformation of Ukraine, together with the Ministry of Economy and
the Oce for Entrepreneurship and Export Development, is launching the
grant program «EU4Business: Competitiveness and Internationalization
of SMEs» to help businesses on the Diya portal, which eectively aects
the procedure for obtaining assistance for entrepreneurs (We are launching
grants to help businesses on Diya portals). The new social service in «Diya»
is also working well for the registration of social assistance for those who
lost their jobs during the war.
In the conditions of the urgent need to regulate issues related to the
protection of personal data during martial law, the importance of ensuring
the rights of business entities in the eld of electronic trust services is
growing (Draft Law No. 7309, 2022). It is obvious that in the near future,
before the conclusion of the agreement between Ukraine and the European
Union on the mutual recognition of qualied electronic trust services, there
will be a need to solve the problems of legal regulation of these issues in
Ukraine.
585
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 568-591
The implementation of these measures will signicantly speed up the
digitalization of Ukraine’s economy, expand the prospects for increasing
the competitiveness and stability of the national economy. Preparation of
the regulatory and legal environment for relevant changes will contribute to
the attraction of investment resources from international donor countries
for the recovery of Ukraine’s economy.
Conclusions
The essence of civil law protection of the rights and interests of
consumers (in particular, for: safety of goods; information; choice of goods;
expression of their opinions; satisfaction of basic needs; compensation for
damage; education; healthy environment) lies in the possibility of them
taking actual and legal actions aimed at for the protection of their violated
rights and interests, the activities of state bodies and public organizations
authorized by law to prevent, stop oenses and restore violated rights.
In order to harmonize the legislation of Ukraine with the legislation of
the countries of the European Union in terms of ensuring the protection
of consumer rights, we see the need for the development and approval
of unied standards for the provision of nancial services to consumers,
which should contain a list of documents necessary for the provision of
the relevant nancial service, the composition and sequence of actions
of the consumer in the process of applying to of a nancial institution,
to determine the possibility (procedure, terms, authorized subjects) of
appealing the decision of a nancial institution in case of refusal to provide
a service and other information specied by law.
In Ukraine, a comprehensive program for the implementation of state
policy in the eld of consumer rights protection of nancial services for
the period 20232027 should be developed and xed at the regulatory level
as a document that would determine the priority directions and tasks of
implementing reforms in the eld of ensuring the protection of consumer
rights, ways and methods their achievements.
The content of this program should coordinate nationwide actions in
the eld of ensuring consumer safety in the eld of nancial services at
the level of individual citizens, business entities, industries, sectors of the
economy, as well as at the national, regional and global levels.
The comprehensive program should ensure the implementation of
the state consumer policy, which is due to the need to take into account
the consequences of the war on the territory of Ukraine, as well as the
experience and manifestations of the global nancial crisis in the national
economy, with the aim of introducing eective mechanisms to protect it
586
Liudmyla Mykytenko, Yuliia Tyshchenko, Olena Sevastyanenko, Anton Demchuk y Karyna Kolomiiets
Protection of consumer rights in Ukraine
from the consequences, as well as ensuring reliable protection of consumer
rights.
Legislation in the eld of consumer legal relations must be supplemented
with a provision on granting the State Production and Consumer Service
the right to contact the Internet service provider to restrict access to the
websites of business entities that use unfair business practices and violate
consumer rights protection legislation. Business entities should also be
exempted from the obligation to create an exchange fund of goods, and
the provision by business entities of documents conrming warranty
obligations in electronic form should be introduced.
As of today and in the post-war period, it is worth adopting legal acts
aimed at creating an eective system of administrative and legal protection
of consumer rights in accordance with international standards. Such
legislative acts are required to dene a simple and accessible mechanism
for consumers of nancial services to apply to state authorities regarding
the protection of violated rights and legitimate interests.
Bibliographic References
A DIGITAL SKILLS PLATFORM WILL BE CREATED IN UKRAINE. n/d.
Available online. In: https://osvita.ua/vnz/65965/. Consultation date:
10/10/2022.
ABOUT ELECTRONIC COMMERCE. 2015. Law of Ukraine. Available online.
In: https://zakon.rada.gov.ua/laws/show/675-19#Text. Consultation
date: 10/10/2022.
BELOVA, Iryna. 2020. Social and legal provision of electronic business. In:
Vectors of innovative development of education. Their international
scientic and practical conference., science and business in conditions of
global changes. Kyiv, Ukraine.
BORNYAKOV, Oleksandr. 2022. Digital future of Ukraine after
victory. Available online. In: https://www.epravda.com.ua/
columns/2022/06/21/688371/. Consultation date: 10/10/2022.
CIVIL CODE OF UKRAINE. 2004. (Records of the Verkhovna Rada of Ukraine
(VVR), 2004, Nos. 40-41, 42, Article 492). Available online. In: https://
zakon.rada.gov.ua/laws/show/1618-15#Text. Consultation date:
10/10/2022.
CONSTITUTION OF UKRAINE.1996. No. 254к/96-ВР Bulletin of the
Verkhovna Rada of Ukraine. 1996. No. 30. Art. 141. Available online.
587
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 568-591
In: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-
%D0%B2%D1%80#Text. Consultation date: 10/10/2022.
DECREE OF THE CABINET OF MINISTERS OF UKRAINE. 2019. No. 829.
Some Issues Of Optimization Of The System Of Central Bodies Of
Executive Power. Available online. In: https://zakon.rada.gov.ua/laws/
show/829-2019-%D0%BF. Consultation date: 10/10/2022.
DIGITAL 2022. GLOBAL OVERVIEW REPORT. 2022. Available online. In:
https://datareportal.com/reports/digital-2022-global-overview-report.
Consultation date: 10/10/2022.
DIRECTIVE (EU) 2015/2366. 2015. Of the European Parliament and of the
Council of 25 November 2015 on payment services in the internal market,
amending Directives 2002/65/EC, 2009/110/ EC and 2013/36/EU and
Regulation (EU) No. 1093/2010, and repealing Directive 2007/64/
EC. Available online. In: https://eur-lex.europa.eu/legal-content/EN/
TXT/?uri=CELEX%3A32015L2366. Consultation date: 10/10/2022.
DIRECTIVE NO. 2005/28/EC OF THE EUROPEAN PARLIAMENT AND
THE COUNCIL. 2005. On unfair business practices to consumers in
the domestic market, amending Council Directive No. 84/450/EEC,
Directive No. 97/7/EC, No. 98/ 27/EC and No. 2002/65/EC of the
European Parliament and the Council, as well as to Regulation (EC) No.
2006/2004 of the European Parliament and the Council. Available online.
In: https://www.jstor.org/stable/43958289#:~:text=Directive%20
2005%2F29%2FEC%20on%20Unfair%20Commercial%20
Practices%20was%20adopted,in%20buying%20across%20the%20EU.
Consultation date: 10/10/2022.
DIRECTIVE NO. 2009/22/EU OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL. 2009. About Prohibitions Established By Authorized
Bodies In Order To Stop Violations In The Field Of Protection Of
Consumers’ Interests. Available online. In: https://minjust.gov.ua/m/
str_45878. Consultation date: 10/10/2022.
DIRECTIVE NO. 2019/771 OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL. 2019. On Some Aspects Relating To Contracts For The
Sale Of Goods, Amending Regulation (EU) No. 2017/2394 and Directive
No. 2009/22/EC and repealing Directive No. 1999/44/EC. Available
online. In: https://minjust.gov.ua/m/str_45878.\. Consultation date:
10/10/2022.
DIRECTIVE NO. 93/13/EC OF THE EUROPEAN PARLIAMENT AND THE
COUNCIL. 1993. About Unfair Terms in Consumer Contracts. Available
online. In: https://minjust.gov.ua/m/str_45878. Consultation date:
10/10/2022.
588
Liudmyla Mykytenko, Yuliia Tyshchenko, Olena Sevastyanenko, Anton Demchuk y Karyna Kolomiiets
Protection of consumer rights in Ukraine
DRAFT LAW No. 6576. 2022. On digital content and digital services.
Available online. In: http://w1.c1.rada.gov.ua/pls/zweb2/
webproc4_1?pf3511=73687. Consultation date: 10/10/2022.
DRAFT LAW No. 7309. 2022. On making changes to some legislative acts
of Ukraine on ensuring the rights of business entities in the eld of
electronic trust services. Available online. In: https://itd.rada.gov.ua/
billInfo/Bills/Card/39455. Consultation date: 10/10/2022.
DRAFT LAW. 2021. On the protection of consumer rights. No. 6134 dated
October 5, 2021. Available online. In: http://w1.c1.rada.gov.ua/pls/
zweb2/webproc4_1?pf3511=72932 Consultation date: 10/10/2022.
GOROKHOVA, Tatiana. 2021. “The impact of the development of digital
technologies on consumer behavior” In: Herald of Agrarian Science of
the Black Sea Region. Vol. 4, pp. 45 54.
GRECHANY, Oleg. 2022. Protection of consumer rights: specics and
procedural features. Available online In: http://legalweekly.com.ua/
index.php?id=16061&show=news&&newsid=123311 Consultation date:
10/10/2022.
KREGUL, Yuriy; RADCHENKO, Olena. 2018. Protection of the rights of
consumers of nancial services. Monograph. Kyiv, Ukraine.
LAW OF UKRAINE. 1996. About Advertising. No. 270/96-VR. Available
online. In: https://zakon.rada.gov.ua/laws/show/270/96-
%D0%B2%D1%80#Text Consultation date: 10/10/2022.
LAW OF UKRAINE. 1996. On Protection from Unfair Competition. No. 236/96-
VR. Available online. In: https://wipolex-res.wipo.int/edocs/lexdocs/
laws/en/ua/ua012en.pdf. Consultation date: 10/10/2022.
LAW OF UKRAINE. 2005. On The Protection of Consumer Rights. As
amended on December 1, 2005 No. 3161- IV. Available online. In:
https://ips.ligazakon.net/document/T102300?an=605647&hide=true.
Consultation date: 10/10/2022.
LAW OF UKRAINE. 2016. On Consumer Lending. No. 1734-VIII.
Available online. In: https://ips.ligazakon.net/document/
T161734?an=606&scop=13144&fcop=13425. Consultation date:
10/10/2022.
MULYAR, Myroslava. 2019. Civil law regulation of consumer lending in Ukraine:
dissertation. ... candidate law Sciences: 12.00.03. Civil law and civil
process; family law; international private law; National Acad. rights of
Sciences of Ukraine, private research institute law and entrepreneurship
named after Acad. F. G. Burchak. Kyiv, Ukraine.
589
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 568-591
OLUYKO, Vitaliy; SAMSIN, Igor; STOHOVA, Olha; FILIPENKO Tatiana;
FILIPENKO Anastasiia. 2022. ´´Fiscal decentralization practices in
developing countries´´ In: Cuestiones Políticas. Vol. 40, No. 73, pp.
128152.
ON ALTERNATIVE RESOLUTION OF CONSUMER DISPUTES AND
AMENDMENTS TO REGULATION (EC). 2013. No. 2006/2004 and
Directive No. 2009/22/EC. Directive No. 2013/11/EU of the European
Parliament and of the Council. Available online. In: https://minjust.gov.
ua/m/str_45878. Consultation date: 10/10/2022.
ON CONSUMER PROTECTION WHEN DETERMINING PRICES FOR
GOODS OFFERED TO CONSUMERS. 1998. Directive No. 98/6/EC of
the European Parliament and the Council. Available online. In: https://
minjust.gov.ua/m/str_45878. Consultation date: 10/10/2022.
ON CONSUMER RIGHTS, AMENDING COUNCIL. 2011. DIRECTIVE No.
93/13/EEC and Directive No. 1999/44/EC of the European Parliament
and Council and repealing Council Directive No. 85/577/EEC and
Directive No. 97/7/EC of the European Parliament and Council. Directive
No. 2011/83/EU of the European Parliament and of the Council.
Available online. In: https://minjust.gov.ua/m/str_45878. Consultation
date: 10/10/2022.
PITSURIA, Nino. 2020. Separate issues of digitization of relations regarding
the protection of the rights and legitimate interests of consumers of non-
banking nancial services. Entrepreneurship, economy and law. No. 8.
Kyiv, Ukraine.
REGULATION (EC) NO. 2017/2394. 2017. Of the European Parliament and the
Council of 12.12.2017 on cooperation between national bodies responsible
for the implementation of consumer protection laws and which repeals
Regulation (EC) No. 2006/2004. Available online. In: https://eur-
lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32017R2394.
Consultation date: 10/10/2022.
REGULATION (EU) 2016/679. 2016. Of the European Parliament and of the
Council of 27 April 2016 on the protection of natural persons with regard
to the processing of personal data and on the free movement of such data,
and repealing Directive 95/46/EC (General Data Protection Regulation).
Available online. In: https://eur-lex.europa.eu/eli/reg/2016/679/.
Consultation date: 10/10/2022.
REGULATION (EU) No. 910/2014. 2014. Of the European Parliament and of the
Council of 23 July 2014 On Electronic Identication And Trust Services
For Electronic Transactions In The Internal Market And Repealing
590
Liudmyla Mykytenko, Yuliia Tyshchenko, Olena Sevastyanenko, Anton Demchuk y Karyna Kolomiiets
Protection of consumer rights in Ukraine
Directive 1999/93/EC. Available online. In: https://www.legislation.
gov.uk/eur/2014/910/contents. Consultation date: 10/10/2022.
RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE. 2019.
No. 856. REGULATIONS ON THE MINISTRY OF DIGITAL
TRANSFORMATION OF UKRAINE. Available online. In: http://
search.ligazakon.ua/l_doc2.nsf/link1/KP190856.html. Consultation
date: 10/10/2022.
RESOLUTION OF THE CONSULTATIVE ASSEMBLY OF THE COUNCIL
OF EUROPE. 1973. Charter of Consumer Protection, approved by the
of May 17, 1973 No. 543. Available online. In: http://www.zonazakona.
ru44KB. Consultation date: 10/10/2022.
SATIR, Larisa; STADNIK, Leonid; NEPOCHATENKO, Andriy. 2020. Protection
of consumer rights in the eld of economy and organization of trade:
conceptual foundations and economic analysis. Ecient economy. No. 8.
Available online. In: http://www.economy.nayka.com.ua. Consultation
date: 10/10/2022.
THE DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE IN
THE CASE OF THE CONSTITUTIONAL APPEAL OF CITIZEN
STEPANENKO ANDRIY MYKOLAYOVYCH REGARDING THE
OFFICIAL INTERPRETATION OF THE PROVISIONS OF PARA. 22,
23 ST. 1, ART. 11, PART 8 OF ART. 18, PART 3 OF ART. 22 OF THE LAW
OF UKRAINE. 2011. “On the Protection of Consumer Rights” in relation
to the provisions of Part 4 of Art. 42 of the Constitution of Ukraine (case
on the protection of the rights of consumers of credit services) No. 15-
рп/2011. Available online. In: https://zakon.rada.gov.ua/laws/show/
v015p710-11#Text. Consultation date: 10/10/2022.
WE ARE LAUNCHING GRANTS TO HELP BUSINESSES ON THE DIYA
PORTAL / MINISTRY OF DIGITAL TRANSFORMATION: OFFICER.
n/d. Site. Available online. In: https://thedigital.gov.ua/news/
zapuskaemo-granti-dlya-dopomogi-biznesu-… Consultation date:
10/10/2022.
WHAT IS A DIGITAL WALLET AND HOW DOES IT LEGALIZE
E-DOCUMENTS THROUGHOUT THE EUROPEAN UNION? BIT.
UA. n/d. Available online. In: https://bit.ua/blog_columns/european-
digital-identity-wallet/. Consultation date: 10/10/2022.
WITH THE SUPPORT OF THE MINISTRY OF DIGITAL TECHNOLOGY,
SET UNIVERSITY LAUNCHES RECRUITMENT FOR TRAINING IN
CYBER SECURITY / MINISTRY OF DIGITAL TRANSFORMATION:
OFFICER. n/d. Available online. In: https://cutt.ly/BJa3qIx.
Consultation date: 10/10/2022.
591
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 568-591
YANOVYTSKA, Halyna. 2021 Civil legal means of protecting consumer rights
in Ukraine. Dissertation abstract for obtaining the scientic degree of
Doctor of Legal Sciences, specialty 12.00.03 “Civil law and civil process;
family law; international private law”. Lviv Ivan Franko National
University. Lviv, Ukraine.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en enero de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 76
