Protecting the rights of an entrepreneur from abuse of their rights by consumers

The object of the study is a set of legal relations arising between a consumer and an entrepreneur, within which the abuse of the right by a weaker party of such legal relations is possible. The subject of the study is the norms of civil legislation enshrining the rights of participants in legal relations in this sphere. In the context of protecting the right, the authors investigate the legal categories forming the basis of legal relations with the consumer’s participation. The ambiguity of the interpretation of civil legislation applied in practice determines the expediency of a deep comprehensive theoretical study of the ways of abuse of the right by consumers. The work indicates that, despite the fact that a consumer should not have special knowledge when purchasing a particular product or service some requirements for reasonableness and conscientiousness are still imposed on consumer behavior. The analysis of judicial practice allowed concluding that consumer’s unfair behavior can serve as a basis for refusing to protect his or her rights, which was repeatedly pointed out in court rulings. The authors identified six groups of ways of abuse of the right by a consumer and presented the ways to solve the problems caused by their spread. In particular, the authors propose to unify the legislation on the system of quality of products manufactured by entrepreneurs through the creation of a single document defining the parameters of its quality. The authors consider it necessary to bring Article 10 of the RF Civil Code in line with the current reality, as it has not been edited for more than ten years.