Peculiarity of penalties and fines recovery under the law on protection of consumers’ rights

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The peculiarities of the penalty collection by the courts of penalties and fines in the consideration of cases on the protection of consumers’ rights are analyzed. Appropriate judicial practice is considered. It is concluded that the application of Article 333 of the Civil Code of the Russian Federation to relations with the participation of consumers leads to a massive reduction of penalties and fines by courts. Criteria are proposed for determining the amount of the penalty and fine, since the courts, in particular, do not substantiate the explicit disproportionate penalty for the consequences of breach of obligations.

Proving disproportionate forfeit, unreasonable benefit to the consumer, assistance in increasing the amount of the penalty, reducing the amount of the penalty in exceptional cases, charging penalties forfeit

Короткий адрес: https://sciup.org/170172955

IDR: 170172955

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