Liability to the consumer: concept andessence from the point of view of doctrine and practice

The article considers a concept as the responsibility of the entrepreneur in case of violation of consumer rights. The essence and nature of this type of liability have their own specificity, largely due to the recognition of the unequal position of the subjects of legal relations and the need to give consumers as a less protected party greater legal protection. The study of the essence of entrepreneurs’ liability to consumers is necessary due to the need to study the validity of not only the differentiation of the legal position of the parties, but also the differentiation of liability itself, its grounds. The need to increase the discipline of entrepreneurs by establishing liability, which can be considered as increased in comparison with other cases of civil liability, is not disputed. However, the legislator, regulating legal relations in this area, does not take into account the different status of entrepreneurs, the division of business entities depending on the scale of business, on the level of income. The result of bringing an entrepreneur to civil liability to the consumer will be different, including from the position of socially significant effect. At present there is an objective need to revise the doctrinal foundations, as well as legal regulation of the studied range of public relations, that is, those subjects of which are entrepreneurs and consumers. The very idea of entrepreneur’s liability needs to be analyzed, and it is advisable to use a differentiated approach to determining the grounds, amount and nature of liability to the consumer. All this together determines the need to analyze the formed ideas and norms of law as a basis for the subsequent development of proposals to improve the legislation. According to the results of the study the author’s conclusions regarding the essence and nature of entrepreneurs’ liability to consumers are made.