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2. The legislation on a retail doll-sale.

The legislation on retail purchase and sale of the Soviet period.

Basis of the civil legislation of the Soviet period [58 [59] constituted GK RSFSR 1922 accepted after the Basis of the Civil legislation of Union CCP and republics 1961 [60] and GK RSFSR 1964

In spite of the fact that new GK RSFSR have been accepted with an interval more than forty years 1964, on legal regulation of relations of retail purchase and sale it is any essentially has not affected.

Unique essential feature which was to be noted, consists that GK RSFSR 1922, unlike GK RSFSR 1964, having put among separate kinds of obligations on the first place the contract of property hiring, has taken away to the contract of purchase only the second POSITION.

Soviet GK and the obvious preference given to it to transactions lo to assignation in time using, it is impossible to consider such juridiko-technical approach of developers of the first casual. It has been connected with features of socioeconomic way Soviet

The socialist state and an unconditional primacy in it a state ownership that could not favour to the transactions directed on irrevocable vozmezdnoe alienation of property,

To promote their development [61].

Authors GK RSFSR have begun a statement of separate kinds of obligations with contracts, oposredstvujushchih property alienation in the property, - i.e. from purchase and sale (gl 1964. 21), exchanges (gl, 22) etc.

Also, it is necessary to notice, that in heads GK RSFSR 1922 and GK RSFSR 1964 devoted, including to contractual relations of purchase and sale, there was no internal differentiation of rules of law [62]. So, for example, rules about apartment house contracts of purchase, including with a condition of perpetual maintenance of the seller, building materials, the goods on credit in GK RSFSR were provided in a lump of rules about the contract of purchase 1964. Legal definition of the contract of retail purchase and sale the Soviet Civil codes of nanosecond contained. Among the norms, directly concerning contracts of retail purchase and sale it is possible to name only the item 24S "Claims concerning lacks of the thing sold with a warranty period" and item 252 "Sale of the goods on credit". Did not differ riches and total amount of the norms devoted to the contract of purchase: 29 articles in GK RSFSR 1922 and 19 articles in GK RSFSR 1964 against 113 in current GK the Russian Federation.

The avarice of regulation of relations of retail purchase and sale has been caused by the Soviet laws, is visible that the Soviet state has been directed first of all on the decision of macroeconomic problems. It is possible to consider the given feature characteristic for the legislation of all Soviet time. As is known, laws urged to regulate the most important public relations, regulating relations of retail purchase and sale at subordinate legislation level, the Soviet state, probably, did not recognise behind them the special importance.

Incompleteness of scope of relations of retail purchase and sale by the Soviet laws has entailed filling of available blanks subordinate legislation актами1. The basic file of the subordinate legislation normative acts regulating the relations of retail purchase and sale, departmental statements - rules of work of shops, public catering establishments drew up, rules of sale of separate kinds of the goods, rules of special forms of trade - commission, posylochnoj, by self-service, under advanced orders, with home delivery, in-home at buyers etc., rules of an exchange of the goods bought in a trading network, and others which affirmed the Ministries of Trade of the USSR and union republics.

Transfer of the right of the edition of the normative acts mentioning the rights and interests of buyers under the contract of retail purchase and sale which frequently occurred to obvious infringement and contrary to the operating legislation [63 [64] [65] [66], the controls, were for the enterprises and the organisations of trade in higher bodies, and actually representing seller - of the state, led to possibility of ignoring of the rights and interests покупателей1.

Also, the carried out analysis of the legislation on retail purchase and sale of the Soviet period allows to draw a conclusion what even those not numerous rules of law containing in Soviet GK, had purely declarative character as in practice were not applied and did not receive the development in the subordinate legislation. We will consider, for example, established in item 41 of Bases of the Civil legislation of Union CCP and republics of 1961, item 246 GK RSFSR 1964 the right of the buyer to demand proportional reduction of a purchase price in case of sale to it things of inadequate quality. In Rules of an exchange of the industrial goods bought in a retail trading network of the state and co-operative trade from February, I 1974г.1, the above-stated right of the buyer was provided only concerning substandard furniture. And the right of buyers to the reimbursement to the elimination of lacks provided in above-stated articles of Bases and GK RSFSR, has not been reflected at all in the given Rules. In Rules of an exchange of motor vehicles, TVs, refrigerators, washing machines and other home appliances the requirement to spend five guarantee repairs has been established, before it the buyer could take advantage of other rights established by item 246 GK RSFSR.

Thus, during Soviet time at legislative level the mechanism of realisation of norms of retail purchase and sale has not been defined. Having correlated actual results of action of legal rules with the purposes which were put mri their edition, it is possible to judge efficiency or an inefficiency of legal rules. The term "efficiency" is used in Russian in value of result, a consequence something, and efficiency in the right is integrally connected with productivity, effectiveness of the certain legal instruction. On the basis of the spent analysis of the Soviet legislation, we come to conclusion that norms of retail purchase and sale of Soviet time, in comparison with today, in many respects had inefficient character.

Among features of the Soviet legislation on retail purchase and sale it is necessary to allocate also absolutely imperative legal regulation of relations of retail purchase and sale. It has been connected with socioeconomic way of that time. So, in an imperative order the prices for all goods sold in a retail trading network were established. Also, concerning some goods were established norms of [67 [68] holidays to one buyer (bread and bakery products, meat and meat products etc.), was imperatively defined an order of purchase and calculations (for example, concerning the goods got on credit) etc.

Feature of the legislation on retail purchase and sale of the Soviet period was also various legal regulation of the state, co-operative and collective-farm trade (item 40 of Bases and item 240 GK RSFSR 1964).

The Soviet state through corresponding bodies operated the state retail trade, relations between higher state trading organisations and the retail enterprises subordinated by it were regulated by norms of administrative law. A subject of the contract of retail purchase and sale in co-operative trade, besides production of the state industry, was also production of the co-operative organisations. The originality of activity of the retail organisations of consumers' co-operative society consisted that the state operated co-operative trade not directly, and in a planned order carried out the general management. Property relations between co-operative links were not is administrative-legal, and were regulated by norms of the civil legislation.

As sellers in collective-farm trade directly manufacturers and proprietors acted. The state management of collective-farm trade was expressed in carrying out of organisation-legal actions (an establishment of rules of trade, etc.) and measures of an economic order (the organisation of counter trade, etc.).

Features of legal regulation of the state, collective-farm and co-operative retail trade were shown and in other questions. According to item 180 GK RSFSR 1922, legal result of the contract of purchase transition of the property right from the seller to the buyer was. At the conclusion of contracts of retail purchase and sale in public trading system, unlike co-operative and kolhozno-marketing where always there was a property right transition, there were cases where there was no moment of transition of the property right from the seller to the buyer. So, at making contract of retail purchase and sale between the state organisations passed it is only right managements of a certain part of the state-owned property - competences on possession, using and распоряжению1.

As to the modern legislation now there was a legal regime unification at regulation of homogeneous relations, and the legislator more does not spend such differentiation caused by presence of various patterns of ownership, fields of activity and methods of regulation of each of them from the state.

In the relation are sewn up the rights of consumers under the contract of retail purchase and sale during the Soviet period, it is necessary to notice, that legislations on protection of the rights of consumers, in its modern understanding, the bodies allocated with special powers in given area, did not exist. The questions, the concerning organisations and activity of the organised consumer movement, including public formations of the consumers created with a view of collective protection of their interests, also have not been settled by the legislator [69 [70]. The analysis doktrinalnyh sources allows to draw also a conclusion, that the legislation operating in the Soviet period

To 0 retail purchase and sale mismatched the international norms in the field of protection of the rights of consumers [71]. Many rights of consumers recognised already as the world community during this period have not been fixed in the domestic legislation, and acquired rights had no mechanism of their realisation.

Transition of Russia to market economy, absence of the civilised consumer market and corresponding mutual relations between it

Participants in the conditions of very low level of security of the rights of consumers, has caused necessity of working out of the special complex legislation reflecting specificity of the legal

Positions of consumers and fixing the raised guarantees of protection of their rights.

The first attempt of the decision of a problem of optimisation of the legal

Regulations of relations on protection of the rights of consumers working out of a bill of the USSR "About quality of production and protection of the rights of consumers" 1989г was. But in connection with pretentiousness of overwhelming majority of positions containing in it this project has been denied even in process обсуждения1.

On May, 22nd, 1991 the Supreme body of the USSR had been passed the Law of the USSR "About protection of the rights of consumers", but in connection with political conditions it has not found in the country of practical application. The Law of the Russian Federation "About protection of the rights of consumers", accepted on February, 7th, 1992 and become effective on April, 7th the same year now operates.

The legislation on retail purchase and sale includes besides norms civil, also norm and other branches of the legislation, basically administrative and criminal. Having investigated the basic sources of the administrative and criminal Soviet and modern right, the author of dissertation has established following changes in legal regulation of relations of retail purchase and sale by norms of the specified branches of law.

The Do-first, many offences which now are administrative and contain in the Code of the Russian Federation about administrative violations (further - KoAP the Russian Federation), during Soviet time were criminal offences and, hence, were provided

і

Criminal laws. So, in item 156 UK RSFSR 1960 г* "the Deceit of buyers" [72 [73] [74] for obmerivanie, obveshivanie, excess of the established retail prices, the cheating in accounts or other deceit of buyers was provided punishment in the form of imprisonment with a confiscation or without that, either correctional labour, or debaring to occupy posts in trade enterprises or public catering establishments.

In the present time, the given offence (except excess of the established retail prices) the Russian Federation is provided in item 14.7 KoAP. The sanction of given article provides the official penalty only in the form of the penalty.

Secondly, in earlier operating legislation such offences which the current legislation are not provided now were provided and, hence, are not offences. For example, in item 154 UK RSFSR was provided responsibility for employment by gamble, i.e. buying up and resales} ' the goods or other subjects for the purpose of a profit 1960. As is known, now so-called gamble is not a crime, and a basis of all business in Russia. Thus, it is possible to draw a conclusion, that in connection with serious change of political and economic relations in Russia the relation of many structures of crimes provided by the Soviet criminal legislation decriminalization has been carried out. Also, now in relations of retail purchase and sale it is possible to note increase of a role of civil responsibility, value of property responsibility and others pravovosstanovitelnyh sanctions, in comparison with Soviet time where the principal value was given to criminal, administrative and disciplinary sanctions.

Thirdly, some offences in trade sphere were not provided earlier by the current legislation. For example, in KoAP RSFSR 1984 [75] it has not been provided responsibility for inclusion in

The contract of the conditions struck the statutory rights of the consumer. Now, responsibility for the given offence is provided item item 2 14.S KoAli the Russian Federation. Thus, because relations of retail purchase and sale constantly develop and become complicated, appears

Necessity of their corresponding legal regulation not only civil, on and other branches of the legislation.

nesmotrja a pas that a pas various historical stages the legislation on retail purchase and sale essentially differs, in legal regulation of relations of retail purchase and sale takes place to be certain continuity. In theory of law in the right it is accepted to understand loan by the right of this or that state of positions as continuity last or modern to it of legal systems. Concerning legal retouching of retail purchase and sale as an example of such loan it is possible to specify in concept of an essential lack. For the first time it has been fixed in the decision of Plenum of the Supreme Court of RSFSR from September, 3rd 1974г. № 5 "About some questions in practice of vessels of RSFSR on the civil cases, connected with population service" [76]. So, in the item 15 specified decisions were offered to understand as essential lacks "such lacks which do impossible thing use according to se a special-purpose designation or cannot be eliminated concerning the given customer, or for their elimination the big expenses of work and time are required, or do a subject by other, than is provided by the contract". Subsequently the given concept has been apprehended by the modern legislator and fixed by it in the enacting clause about ZGTP with little changes.

The legislation on retail purchase and sale at the present stage,

About concept of the legislation and the civil legislation. In

Theories of law the legislation is understood as set of the obligatory legal acts published by public authorities in the established form and with observance defined процедуры1.

Traditionally concept "legislation" defines all set of normative acts of various level: laws (acts) which are accepted by representative state bodies, and other certificates of the legislation (decrees of the president, the governmental order, departmental certificates) [77 [78].

The concept "the civil legislation" differs certain specificity. Unlike the Constitution of the Russian Federation (further - the Constitution of the Russian Federation) [79] in GK the Russian Federation is given narrower understanding of the civil legislation. According to item 3 GK the Russian Federation, the civil legislation consists from GK the Russian Federation and other federal acts accepted according to it regulating civil relations. Decrees of the President of the Russian Federation, the governmental order of the Russian Federation are not included into structure of the civil legislation. They are called in GK the Russian Federation as "other legal acts". However in the legal literature the opinion prevails, that such definition of the legislation should not exclude term use "the civil legislation" in a broad sense as set of all certificates and norms of civil law [80]. In such wide sense the Russian Federation (item 4, 7, 8, 127, etc.) is spoken about the civil legislation in item 3 item 1, and also in many subsequent articles GK . The exception in these cases from structure of the civil legislation of certificates of the President of the Russian Federation, the Government of the Russian Federation and departmental normative acts would create obvious vacuum in legal regulation [81].

Concept, specificity and structure of the legislation on retail purchase and sale. The analysis of concept of the legislation allows to define the legislation on retail purchase and sale as set of the standard legal acts regulating the relations of retail purchase and sale. In turn, relations of retail purchase and sale represent the relations developing in the course of retail trade, and also other relations, is close with them connected. The relations of retail purchase and sale which are a subject of regulation of the legislation on retail purchase and sale, can be subdivided on private (developing between the buyer and its counterparts) and public (developing between counterparts of the buyer and the public authority authorised bodies) relations. Private relations of retail purchase and sale can be subdivided on contractual (developing between ' the parties, subjects of the contract of retail purchase and sale - the buyer and the seller) and non-contractual (developing between subjects, counterparts of relations of the retail purchase and sale which directly is not following from the contract - the buyer and the manufacturer, the importer, the authorised organisation) [82].

Thus, presence of special relations of retail purchase and sale has caused necessity of their special legal regulation by means of the legislation on retail purchase and sale. And the rules of law containing in these normative acts, have various pravootraslevuju an accessory. The legislation on retail purchase and sale has difficult, complex character, norms constitutional, civil, administrative, criminal, municipal and other branches of law here concern.

Traditionally in theory of law the complex legislation

It is considered as one of the kinds of branches of the legislation which are

Structural elements of system законодательства1. By some authors the complex legislation is understood as "blocks of the standard legal acts regulating various spheres of a public life" [83 [84].

In the legal literature there is also an opinion according to which "the complex legislation expresses norms of several branches of law or their structural formations (podotraslej and legal institutions) which regulate various under the specific maintenance the public relations constituting rather independent sphere of a public life" [85]. According to the specified point of view, a subject of regulation of complex branches of the legislation, unlike branches of law, the kind, and the sphere of public relations consolidating their various kinds is in nanosecond. By supporters of a considered position also it is underlined, that, being a subject of regulation of norms of several branches of law, they at the same time possess the certain unity caused by a solidarity of purpose and problems of human activity. The unity and interosculation of branch groups of public relations define a generality and interrelation of rules of law [86] regulating them,

V.F.Popondopulo, giving the characteristic to the complex legislation on an example of the legislation on an inconsistency (bankruptcy), comes to conclusion, that it consists from "legislative and the subordinate legislation comprising norms private and the public law, directed on settlement of a complex of the private (horizontal) reality private (horizontal) and public (vertical) relations arising in connection with an inconsistency of the person" 1.

Having considered the various points of view of a pas concept, essence and a subject of regulation of the complex legislation, presented to modern jurisprudence, we come to conclusion, that integrated approach of the legislation, including the legislation on retail purchase and sale, is expressed in interaction of norms of various branches of law (parts of the norms which are in various branches of law) at regulation of homogeneous public relations, Thus the purpose of the specified interaction is formation of adequate standard base taking into account features of a subject of legal regulation,

Also we will notice, that, regulating any relation of retail purchase and sale, the legislator can stir in various branches of law, both a part of the rule of law, and norm entirely. Thus, when norm parts (a disposition, a hypothesis or the sanction), regulating any relation of retail purchase and sale, are in various branches of law, their interaction is carried out in the form of addition. So, item 238 of the Criminal code of the Russian Federation (further - UK the Russian Federation) for manufacture, storage, transportation or sale of the goods and production, performance of works or rendering of the services which are not meeting the requirements of safety, establishes certain sanctions: the penalty at the rate to three hundred thousand roubles or at a rate of wages or other income condemned for the period till two years, restriction of freedom for the term up to two years, imprisonment for the term up to two years, etc. Thus, specified article contains a hypothesis and the sanction of the rule of law, and its disposition is in the enacting clause about ZGTP where the concept of safety of the goods (works, services) reveals.

When entirely the norms regulating any relation of retail purchase and sale, are in various branches of law, them [87 [88] interaction would be carried out to the completion form. So, the Russian Federation "the Deceit of consumers" contains item 14.7 KoAP both a hypothesis, and a disposition, and the sanction of the rule of law: If the organisations or the citizens registered as individual businessmen in sphere of trade (services), or the citizens working for individual businessmen, realise the goods, perform works or render services to the population, and deceive consumers, i.e. measure, cover, shorthand, mislead them concerning consumer properties, qualities of the goods (work, service) or otherwise deceive them, it attracts following punishment - imposing of the administrative penalty on citizens at the rate from ten to twenty minimum wage rates; On officials - from ten to twenty minimum wage rates; on legal bodies - from hundred to two hundred minimum wage rates.

Thus, the rule of law regulating the relation of retail purchase and sale in case of a deceit of the consumer, is entirely located in administrative law branch, i.e. the relation of retail purchase and sale in case of a consumer deceit is regulated by norm of administrative law. At the same time, the given kind of the relation of retail purchase and sale is a part of such sphere of a public life as retail purchase and sale and besides the specified norm is regulated also by other norms located, including, in civil law (concept of quality of the goods, the individual businessman it.d.).

The analysis of interaction of norms in the legislation on retail purchase and sale has allowed the author of dissertation to reveal also the receptions of the given interaction used by the legislator. So, in the legislation on retail purchase and sale it is possible to meet direct sending of the legislator to concrete article of any regulatory legal act, or to concrete normativnopravovomu to the certificate, or to legislation branch entirely.

For example, in item 71 of the Governmental order of the Russian Federation from January, 19th, 1998 №55 "About the statement of Rules of sale of separate kinds of the goods, the inventory of long using on which the requirement of the buyer about gratuitous granting to it for repair or replacement of the similar goods, and the list neprodovolstvennyh appropriate quality, not returnable or to an exchange for the similar goods of others of the size, forms, a dimension, a style does not extend, colouring or complete sets" 1 besides the data specified in points 11 and 12 present Rules, and also provided by Federal act article 16 "the information on medical products is said About medical products", that ", should contain data on the state registration of a medical product with instructions of number and date of its state registration (except for the medical products made by the seller (pharmaceutical institution) under recipes of doctors)".

As an example of use by the legislator of such reception of interaction of norms in the legislation on retail purchase and sale as reception of direct sending to the concrete regulatory legal act, it is possible to name item 29 specified above the Governmental order from January, 19th 199S № 55. According to which "terms of satisfaction the seller of requirements of the buyer, and also a liability of infringement of these terms are defined according to the Law of the Russian Federation" About protection of the rights of consumers ".

As to use by the legislator of reception of direct sending to concrete branch of the legislation here as an example it is possible to result Federal act item 28 "About quality and safety of foodstuff" ' t according to which "individual businessmen and the legal bodies who are carrying out activity on a turn of foodstuff, materials and products, and also rendering of services in public catering sphere, for infringement of the present Federal act bear responsibility according to the civil legislation".

Following reception of the interaction, the applied legislator, it is possible to name use of norm of other branch of law in the complex regulatory legal act, i.e. acceptance of the complex regulatory legal act, such, for example, as Law about ZPP. Also, the legislator frequently uses reception of actual interaction when interaction is meant, but is direct in the regulatory legal act is not defined. As an example of use by the legislator of reception of actual interaction the Russian Federation in which the legislator does not refer neither to any regulatory legal act, nor on legislation branch can serve already considered by us above item 238 UK, but opens concept of safety of the goods (constituting a disposition of the rule of law located in specified article) in the Law about ZPP.

As to the reasons of integrated approach of the legislation they can be divided into the general, peculiar to the majority of complex legislations, including to the legislation on retail purchase and sale, and private, peculiar both to the legislation on retail purchase and sale, and some other, regulating relations with similar subject structure (for example, to the consumer legislation).

Among the general reasons of integrated approach of the legislation first of all it is necessary to note a variety, integrated approach of public relations which the legislation urged to regulate. If to speak about retail purchase and sale the reasons of the specified phenomenon are covered in variety of an economic life, in development and variety of relations of retail purchase and sale. The big variety and specificity the goods constituting a subject of the contract of retail purchase and sale (the weapon, medical products, cars, motor-technics, etc.), subject structure considered договора1 differ.

The variety, integrated approach of relations of retail purchase and sale is the impossibility reason in full to settle the given relations at level of the federal legislation, necessity of the differentiated approach of the regional and local legislation. Besides, the structure of relations of retail purchase and sale, besides the relations arising directly from the contract of retail purchase and sale of the goods, includes also the relations arising at their use, connected with compensation of the harm caused to a life, health, property of the buyer lacks of the goods.

Integrated approach of adjustable public relations, is the reason of integrated approach and the majority of other legislations. So, the structure of the relations regulated by the legislation on an inconsistency (bankruptcy) includes remedial, labour, tax, ground relations n other Norms of the military legislation which also are complex, the military-office relations, certain financial, housing, ground relations are regulated nom by it about direct relations of military activity of the state, also, etc.

The second general reason of integrated approach of the majority of branches of the legislation is, in our opinion, a combination private and public interests in legal relation. As to public interests in legal relation of retail purchase and sale [89 [90] it is necessary to recognise, that retail purchase and sale is the important, significant sphere of economy of all state. Also, because the contract of retail purchase and sale is one of the most mass consumer contracts, health, a society standard of living depends on legal regulation of the given legal institution as a whole.

In inconsistency legal relation also it is possible to note a combination private (for example, interests of creditors - legal bodies, individual businessmen) and public (interests of the state in stability of an economic turn, interests of creditors - state (for example, tax) bodies) interests. In military legal relations the state interests of military safety are combined with private interests of military men.

Besides the general reasons of integrated approach of the legislation, we will consider also the reasons private, peculiar only to the legislation on retail purchase and sale and other branches of the legislation regulating the relations with similar subject structure. Features of subject structure of relations of retail purchase and sale (also as, for example, relations on protection of the rights of consumers), consists that in the given relations the buyer (consumer) is resisted by the party which is economically stronger (the seller, the manufacturer, the executor, the importer) 1.

Thus, the economic reason of integrated approach of the legislations regulating the relations between economically unequal counterparts, presence of an economic inequality between them is. Use by the legislator of ways, receptions of methods besides private, also the public law, is the legal reason of integrated approach of considered legislations and a consequence of necessity of elimination of an economic inequality between counterparts of relations, with the specified subject structure.

Analyzing interaction of norms in the complex legislation, it is necessary to be defined also with at what stages of the mechanism of legal regulation integrated approach of the legislation is shown. In theory of law the legal regulation mechanism usually is understood as the system of legal means taken in unity with which help productive legal influence on public отношения1 is provided.

Stages of the mechanism of legal regulation transfer stages normativnosti the rights in orderliness of public relations [91] admit. It is traditionally accepted to allocate following stages of the mechanism of legal regulation:

- The stage of formation and action of legal rules - is characterised by that the norms entered into legal system regulate in the general image, direct behaviour of participants of public relations, establish for them this or that legal regime;

- The stage of occurrence of the rights and duties (legal relation) - is characterised by that on the basis of legal rules in the presence of the provided circumstances (juridical facts) concrete subjects have rights and duties - the individualised measures of behaviour;

- The stage of realisation of the rights and duties - is characterised by that programs of behaviour which are put in pawn in legal rules and then are expressed in concrete measures of behaviour for the given subjects (in the rights and duties), are embodied during a life, are carried out in actual behaviour of participants of public relations, become a reality;

- Stage of application of the right judicial and executive organs. It is accepted to name the given stage of the mechanism of legal regulation facultative. It comes into effect when the unobstructed form of realisation of the right and when to the aid unsatisfied interest should come corresponding pravoprimenitelnaja activity [92] is not possible.

There is an integrated approach of the legislation at a stage of formation of legal rules as rules of law are established, created directly by the legislator. And interaction of norms of various branches of law in the complex legislation in the course of active actions of subjects of law in relation to rules of law, i.e. only at stages of creation and application of rules of law is shown.

Thus, integrated approach of the legislation is shown at following stages of the mechanism of legal regulation: at a stage of formation of legal rules the legislator; at a stage of realisation of the rights and duties participants of legal relations; at a stage of application of the right judicial and executive organs.

At a stage of occurrence of the rights and duties at privies integrated approach of the legislation is not shown. It is connected by that integrated approach of the legislation has procedural character, interaction of rules of law is shown only in the course of any actions connected with their direct use, i.e. in the course of creation, realisation, application of norms. IIa considered level of the mechanism of the legal regulation, the rights arising in the presence of certain juridical facts and a duty of subjects are based on norms of various branches of law, - the direct process connected with their use, does not occur, in this connection interaction of rules of law and is not shown [93].

As the important role in legal regulation of relations of retail purchase and sale is played by norms of the consumer legislation, it is necessary to define a parity of the legislation on retail purchase and sale and consumer legislations. C the consumer legislation is wider than one party, than the legislation on retail purchase and sale as includes norms about protection of the rights not only consumers-buyers, but also consumers at rendering of services and performance of works. C other party, it already legislations on retail purchase and sale as regulates relations only with participation grazhd and n - potrebntelej, not mentioning thus relations with participation of legal bodies (individual businessmen) on the party покупателя1.

Among features of the legislation on retail purchase and sale it is possible to notice also that the contract of retail purchase and sale is regulated more imperatively in comparison with other kinds of the contract of purchase. It is connected with aspiration of the legislator to eliminate available economic inequality which, being multistage, is present at relations of the buyer and its counterparts always, without dependence from the one who acts on the party of the buyer - the legal body or the citizen-consumer, - and proved, first of all, by the specificity of a figure of the retail seller which can be the legal body or the individual businessman, carrying out professional work on sale of the goods at retail.

In that case when on the party of the buyer the citizen acts, in the obligation with its participation there is the greatest degree of an economic inequality as "the consumer state of dependence is aggravated with natural qualities of the citizen as the physical person" [94 [95]. Thus, relations with participation of the citizen-buyer under the contract of retail purchase and sale by the legislator are regulated more imperatively in comparison with a participation case on the party of the buyer of the legal person (the individual businessman) [96].

Relations of retail purchase and sale are regulated both on federal, and at regional and local levels. But as fundamentals of legislation about retail purchase and sale is the civil legislation, and according to the Constitution of the Russian Federation the civil legislation is carried to exclusive conducting the Russian Federation basically legal regulation of relations of retail purchase and sale is carried out a pas federal level.

As an example of regional regulation of the specified relations it is possible to name powers of subjects of the Russian Federation on an establishment of terms of approach of seasons (for the seasonal goods), on price regulation. We will consider, for example, the order of the Cabinet of Republic Tatarstan from September, 5th, 1998 JVb 611-r "About terms of seasonal prevalence for the corresponding goods" 1, and the decision of the Cabinet of the Chuvash Republic from December, 14th, 2001 № 271 "About terms of seasonal prevalence of separate kinds neprodovolstvennyh, realised on territory CHR". The terms of seasonal prevalence established by these certificates of the Cabinets of the next republics, considerably enough differ [97 [98] [99] [100].

In spite of the fact that under the general rule, the order, unlike the decision, has not standard (individual) character, in this case the above-stated legal act (the Government order) has standard character as it is calculated on an uncertain circle of subjects and

4

On recurrence of application.

As to regulation of relations of retail purchase and sale at level of municipal unions it would be desirable to note the following.

In item 1 of item 132 of the Constitution of the Russian Federation it is specified, that local governments independently solve questions of local value. According to item 1 of item 14 of the Federal act from October, 6th, 2003 N 131-FZ "About the general principles of the organisation of local government in the Russian Federation" [101 [102] to questions of local value creation of conditions for maintenance of inhabitants of municipal union, including, trade services "concerns.

Law item 43 "About the general principles of the organisation of local government in the Russian Federation" is provided the right of local governments and officials of local government to accept legal acts concerning the conducting.

In the Law about ZPP "Realization of protection of the rights of consumers by local governments" is provided by article 44, that "with a view of protection of the rights of consumers in territory of municipal union local governments have the right: to consider complaints of consumers, to advise them concerning protection of the rights of consumers; to address in courts in protection of the rights of consumers (an uncertain circle of consumers). At revealing under the complaint of the consumer of the goods (works, services) inadequate quality, and also dangerous to a life, health, property of consumers and environment immediately to inform on it the federal enforcement authorities which are carrying out the control over quality and safety of the goods (works, services)". Operating edition of considered article has been accepted by the Federal act from August, 22nd, 2004 N 122-FZ "About modification of acts of the Russian Federation and a recognition become invalid for some acts of the Russian Federation in connection with acceptance of federal acts" About modification and additions in the Federal act "About the general principles of the organisation legislative (representative) and executive powers of the government of subjects of the Russian Federation"and"About the general

Principles of the organisation of local government in the Russian Federation "1.

The changes brought by the specified law in item 44 of the Law about the ZIP have considerably limited powers of local governments in sphere of protection of the rights of consumers and regulations of relations of retail purchase and sale. In comparison with earlier operating edition of specified article from 1996 local governments have lost the right to analyze dogovory, concluded with sellers (executors, manufacturers) with consumers, with a view of revealing of the conditions striking the rights of the consumer. Also, nanosecond local governments have the right more in cases of revealing of sale of the goods (performance of works, rendering of services), not accompanied authentic and sufficient information, or with the delayed working lives, or without working lives if an establishment of these terms necessarily, to stop sale of the goods (performance of works, rendering of services) before granting of the information or to cease sale of the goods (performance of works, rendering of services).

Also, new edition st, 44 Laws about ZPP does not provide possibility of independent formation of corresponding structures local governments for maintenance of protection of the rights of consumers.

In the legal literature devoted to the given problem, the opinion prevails, that it is necessary to allocate local governments more with large powers in sphere of protection of the rights of consumers. This position is proved by authors that local governments are most approached to consumers and can provide the most operative protection of their interests on a residence on the basis of gratuitousness and an individual approach to each consumer. Now from local governments have withdrawn powers with which help probably [103 [104] was high-grade to carry out protection of the consumer rights, independently to react to arriving signals and to take corresponding measures to infringers.

Thus, the author of dissertation the conclusion that the tendency of narrowing of powers of local governments in regulation of relations of retail purchase and sale recently is traced that can lead to negative consequences in sphere of a legal status of consumers under the contract of retail purchase and sale becomes.

Also, local authorities regulate the relations connected with the organisation and carrying out of fairs.

The legislation structure is understood as the internal organisation of complete system representing a specific way of interrelation, interaction of components forming it. The legislation on retail purchase and sale has the difficult structure caused, first of all a variety of developing relations with participation of the buyers which specificity demands independent legal regulation. So, besides the traditional relations following from the contract of retail purchase and sale of the goods in shops, have received a wide circulation purchase and sale of the goods gju to samples, remote purchase and sale, etc. also has Certain specificity sale of separate kinds of the goods, such, as the weapon, cars, products from precious metals etc.

To consider legislation structure it is possible by means of its various классификаций1. On a validity of regulatory legal acts the legislation on retail purchase and sale is presented by laws and the subordinate legislation: decrees of the President of the Russian Federation, the governmental order of the Russian Federation, departmental normative acts.

So, we will consider the regulatory legal acts which are a part of the legislation on the retail purchase-prodazhe2, in decreasing order [105 [106]

Validity. On the basis of item 4 of item 15 of the Constitution of the Russian Federation and item 2 of item 7 GK the Russian Federation is fixed a priority of international treaties before internal legislation rules, According to the Constitution of the Russian Federation the conventional principles and norms of international law and international treaties are a component of legal system of the Russian Federation.

Great value for development of the domestic consumer legislation, including under the contract of retail purchase and sale, the resolution of General Assembly of the United Nations 30/248 from April, 9th, 1985 "has Supervising principles for protection of interests of consumers" in which one of the major purposes is maintenance of assistance to the countries in an establishment or the further maintenance of appropriate protection of the population as consumers.

In the Russian legislation finds reflexion the majority of the international principles. For example, such, as: a principle of physical safety of the goods and services, a principle of observance of specifications of safety and quality of the goods and services, a principle of maintenance of protection of consumers, etc. But while as it is marked in the legal literature, yet all international principles are fixed in norms of the domestic legislation. For example, the assistance principle to economic interests of consumers is only partially fixed, has not received an embodiment the international principle of system of distribution of the basic consumer goods and услуг1.

The legislation on retail purchase and sale includes norm and a constitutional law. So, according to item 20 item, 30, 37, 41, 42, 43 Constitutions of the Russian Federation, citizens have the right to a life, association in public organisations, the health protection, favorable environment etc. These rights are provided with a number of guarantees among which it is possible to note the following: rationing of the requirements shown to the goods, providing safety of a life and health of buyers, preservation of the environment, acknowledgement of conformity of the goods to these requirements, the control and supervision of safety of the goods.

The fundamentals of legislation about retail purchase and sale are constituted by normative acts of the civil legislation. Among them the higher validity has GK the Russian Federation. Further the laws containing norms, regulating retail purchase and sale, it is possible to arrange in decreasing order of a validity as follows; the Law about ZPP; other laws containing norms about retail purchase and sale (Federal acts "On technical regulation" from December, 27th, 2002 № 184-FZ1, "About advertising" from March, 13th, 2006 Xe 38-FZ *, "About quality and safety of foodstuff" from January, 2nd, 2000 Hz 29-FZ, "About the retail markets" from December, 30th, 2006 Xe 271 FZ [107 [108] [109] and some other). To the subordinate legislation regulatory legal acts regulating the relations of retail purchase and sale, decrees of the President of the Russian Federation (for example, the decree of the President of the Russian Federation from February, 7th, 1996 concern Xe 161 "About strengthening of the state control over a turn of alcoholic and tobacco production of foreign manufacture" [110 [111] [112]); the governmental orders of the Russian Federation; departmental normative acts.

According to Law item 26 about ZPP, the Government of the Russian Federation has the right to approve rules of sale of separate kinds of the goods. So, Rules of sale of separate kinds of the goods, approved by the governmental order of the Russian Federation from January, 19th, 1998 Xe 55 now operate.

General provisions of Rules in a considerable part reproduce corresponding norms GK the Russian Federation and the Law about ZPP. Features of sale of separate groups of the goods cover basically the duties of the seller connected with features of sale of the various goods, - granting of the additional information on the goods, carrying out of check of its quality, preselling preparation etc.

It is necessary to notice, that before modification of the Law about 31Ш the Federal act from December, 21st, 2004 1, article 26 provided also powers of the Government of the Russian Federation under the statement of rules of separate kinds of contracts of purchase. The specified edition of the Law about ZPP also excludes the positions containing earlier in item 5 of the Law about ZPP and the Governments of the Russian Federation establishing the right to approve the inventory of long using which after the certain period can represent danger to a life, consumer health, to harm its property or environment and on which the manufacturer is obliged to establish service life, and the inventory which after the validity expiry of the term are considered unsuitable for use to destination. Because the conferred powers from the competence of the Government of the Russian Federation are withdrawn, it is possible to assume, that in the long term the legislator plans to fix the given rules and lists in the text of the Law about ZPP, or in the separate law that would be the positive moment throughout the tendency of strengthening of legislative regulation of the relations directed on protection of the rights of consumers.

Despite the considered changes introduced in the Law about ZPP, the governmental orders of the Russian Federation from July, 21st, 1997 № 918 "About the statement of Rules of sale of the goods on [113 [114] samples" 1 at the moment continue to operate; from June, 6th 1998 g, № 569 "About the statement of Rules of commission business neprodovolstvennymi" [115 [116].

The Rules set forth above provide features of an order of execution of a contract (for example, payments of the goods by the buyer, deliveries, assemblages and goods connections etc.); registrations of contractual relations (for example, receipts on delivery); treaty provisions. Also, they define a circle of the goods which can act as object of the contract of purchase (for example, new and were in the use neprodovolstvennye (commission business)).

Now the governmental order of the Russian Federation from June, 16th, 1997 № 720 "About the statement of the inventory of long using, including completing products continues to operate (details, knots, units) which after the certain period can represent danger to a life, consumer health to harm its property or environment and a pas which the manufacturer is obliged to establish service life, and the inventory which after the validity expiry of the term are considered unsuitable for use to destination" 1.

Also, brought in 2004 in the Law about ZPP changes have accorded the Government of the Russian Federation a right to publish for the consumer and the seller (the manufacturer, the executor, the authorised organisation or the authorised individual businessman, the importer) rules, obligatory at the conclusion and execution of public contracts (contracts of retail purchase and sale, power supply, contracts on performance of works and rendering of services). But for the present moment similar rules are not published by the Government of the Russian Federation yet.

Feature of legal regulation of the contract of retail purchase and sale with participation of citizens is that, according to Law item 1 about ZPP, federal enforcement authorities have not the right to regulate these relations. Hence, acceptance by the ministries of normative acts in this area is not supposed also. With a view of performance of this requirement of the Law about ZPP, the Government of the Russian Federation has accepted the decision from May, 28th, 1992 № 359 "About cancellation of the departmental normative acts regulating the relations in the field of the rights of consumers" 1 where it was offered to ministries and departments of the Russian Federation to cancel the departmental certificates regulating the relations in the field of protection of the rights of consumers till August, 1st, 1992.

Meanwhile, federal enforcement authorities have the right to accept the certificates providing the organisation of their work, including in the field of protection of the rights of consumers. However these certificates should have purely internal character which is not mentioning neither material, nor the law of procedure in the field of protection of the rights of consumers. It is possible to carry Position to such certificates about an order of consideration MAP and its territorial administrations of affairs about infringements of laws and other legal acts regulating the relations in the field of protection of the rights of consumers (it is approved by the order the HOOK of the Russian Federation from April, 4th, 1996 № 423) which establishes an order of delivery of instructions about the termination of infringements of the rights of consumers.

As following basis of classification of the legislation on retail purchase and sale the goods kind, which purchase and sale can serve them is regulated. So, it is possible to allocate the regulatory legal acts having the general character and extending the action on all goods, without dependence from their kind, and the regulatory legal acts regulating the relations of retail purchase and sale, connected with purchase and sale of a certain kind of the goods. For example, the Law of the Russian Federation "About lekars tvennyh means" from June, 22nd 1998 g, № 86-FZ, the Law of the Russian Federation "About quality and safety of foodstuff" from January, 2nd 2000г, № 29-FZ, etc.

In the basis of classification of the legislation on retail purchase and sale can be put and a kind of the contract of retail purchase and sale, to it regulated. For an example it is possible to result the governmental orders of the Russian Federation from July, 21st, 1997 of L "918" About the statement of Rules of sale of the goods on samples "; from June, 6th, 1998 № 569" About the statement of Rules of commission business neprodovolstvennymi ", etc.

Depending on character of regulated relations, normativnopravovye certificates of the legislation on retail purchase and sale are subdivided on public (KoAP the Russian Federation, UK the Russian Federation, etc.) and private-law (the Law about ZPP, GK the Russian Federation, etc.).

Depending on what body accepts the standard legal act of the legislation on retail purchase and sale, discriminate normative acts of federal authorities, authorities of subjects of the Russian Federation and municipal bodies,

JAhli for a basis of classification of the legislation on retail purchase and sale to take subjects of regulated relations, it is possible to allocate the normative acts regulating the relations with participation:

- Consumers and their counterparts;

- Buyers - legal bodies and individual businessmen and their counterparts;

- Counterparts of buyers and the state bodies.

The special role in legal regulation of relations of retail purchase and sale is played by judiciary practice. Russia, as is known, concerns continental (romano-German) legal system where, unlike Anglo-Saxon legal system, the core (and in separate spheres of legal regulation and the only thing) the source of law is the standard legal act, In theory of law a question on a judiciary practice role in the Russian legal system already throughout several tens years

Is debatable [117]. And if during Soviet time among domestic jurists the point of view according to which judiciary practice did not admit the source of law recently it is sharp was prevailing

The number of the supporters defending opinion on judiciary practice as has increased

- 2 source of the Russian right.

The most debatable in the Russian jurisprudence is the question on value and a role in legal system of certificates of the higher degrees of jurisdiction. At the analysis of the given problem the author of dissertation addresses to the conclusions made A.K, Bezinoj in the research ' 1. So, according to A.K.Bezinoj in spite of the fact that instructions of plenums of the higher courts of justice of the country possess the signs, allowing to carry them to standard legal regulation (an orientation of their action on an uncertain circle of subjects and obshcheobjazatelnost), their legal nature is defined unique for them by explanation function. The purpose of these explanations is standard pravorazjaspitelpaja activity whereas the purpose of sources of law is the establishment of rules of law, change or cancellation of their action.

And, as marks A.K.Bezina, at such inconsistent judgements about value of explanations of plenums in the Russian legal system the legislator should to define itself in the accurate and clear form function and legal effect of these certificates. Also, by it it is underlined, that only direct fastening in the law can attach to corresponding certificates significance of sources of the Russian right.

In will insist it time judiciary practice on affairs about protection of the rights of consumers, including under the contract of retail purchase and sale, it is generalised in [118 [119]

The decision of Plenum of the Supreme Court of the Russian Federation from September, 29th, 1994 №7 "About practice of consideration by vessels of affairs about protection of the rights of consumers" ', explaining Law application about Зі Il 1, including its positions about the information on the goods, consequences of sale of the goods of inadequate quality etc.

As in the Law about 31 Hl such way of protection of the civil rights as indemnification of moral harm is provided, it is necessary to consider and the explanations given in the Decision of Plenum of the Supreme Court of the Russian Federation from December, 20th, 1994 №10 "Some questions of application of the legislation on indemnification of moral harm". Also also some other certificates judicial толкования2 now operate.

Norms of the Civil code of the Russian Federation about retail purchase and sale.

The relations arising from the contract of retail purchase and sale, are regulated 2 gl. 30 GK the Russian Federation. Positions about this contract define only features of legal regulation of relations between the retail seller and the buyer. By them, first, are retouched relations which are not settled by general provisions on purchase and sale (for example, concerning the information on the goods, execution of a contract of sale of the goods on samples and with a condition of delivery of the goods to the buyer, etc.), secondly, are defined others, in comparison with general provisions, rules (about consequences of sale of the goods of inadequate quality etc.).

To the relations which have been not settled by the contract of retail purchase and sale, general provisions on purchase and sale are applied. So, the contract of retail purchase and sale is executed according to rules about term, quantity, assortment and completeness of the goods, fixed in 1 gl. 30 GK the Russian Federation.

To the legal relations arising from the contract of retail purchase and sale, general rules GK the Russian Federation about transactions, limitation of actions, obligations, the contract, etc. 1 also are applied

Norms of the Law of the Russian Federation "About protection of the rights of consumers" about retail purchase and sale.

Relations under the contract of retail purchase and sale with participation of the buyer - of the citizen, not settled GK the Russian Federation, are regulated by the Law about ZPP and other legal acts which are accepted according to this law. The question on a parity of sphere of application GK the Russian Federation and the Law about ZPP is of great importance, as the Law about ZPP contains a significant amount of the positions absent in GK the Russian Federation or differing from similar norms GK the Russian Federation. The important role is played here by explanations of Plenum of the Supreme Court of the Russian Federation "About practice of consideration by vessels of affairs about protection of the rights of consumers ' 1 from September, 29th, 1994 № 71.

So, according to items 1 and 2 specified decisions, sphere of operation of law about ZPP in the field of retail trade it is limited by cases when as the buyer under the contract acts іражданин, getting the goods only for personal (household) needs, and the seller - the businessman. Thus the Law about ZPP operates: when its application is directly provided by norms GK the Russian Federation (for example, item 3 of item 492 GK the Russian Federation); when the Law about ZPP, even in the absence of special sendings on it, concretises and details norms GK the Russian Federations regulating given legal relations (for example, Law item 8-10 about ZPP); when GK the Russian Federation does not regulate the specified relations (for example, Law item 17 about ZPP); the Law about ZPP contains other rules than GK the Russian Federation when GK the Russian Federation supposes possibility of their establishment other laws and legal acts (for example, item 1 of item 394 GK, item 2 of item 13 of the Law about ZPP).

The law about ZPP defines basic positions and principles of protection of the rights of consumers which should be applied to all relations with participation of consumers, irrespective of their features. According to the Law about ZPP to the consumer the fundamental laws recognised as the international community are guaranteed: the rights to safety of the goods for a life and [120] health of consumers, on the authentic and full information on the goods got by the consumer, and its appropriate quality, compensation of the harm caused to the consumer, a pas judicial protection in case of infringement of the rights of the consumer, association in public organisations of consumers. Legal effects of infringement of the rights of consumers depending on features of the relations which participant is the consumer, - in sphere of trade, performance of works and rendering of services are defined.

The law about ZPP provides the various protection frames applied to infringers of the rights of consumers by directly consumers both the state bodies and public associations потребителей1.

Civil responsibility takes the important place among the legal means providing protection of the rights of consumers. The law about ZGTP provides various forms of responsibility: the indemnification, penalty payment etc. So, according to item 2 of item 13 of the Law about ZGTP, the losses caused to the consumer, come under to compensation in the full sum over the penalty (peni), established by the specified Law or the contract [121 [122] [123].

Other form of civil responsibility according to ch, 1 item 330 GK the Russian Federation is the penalty. According to item 1 of item 23 of the Law about ZPP, the seller (the manufacturer, the authorised organisation or the authorised individual businessman) should pay to the consumer per every day of delay of performance of its legal requirements (i.e. after ten days from the date of a presentation of the corresponding requirement (law item 22 about ZPP) the penalty (penju) at a rate of one percent of the price товара* the Analysis of judiciary practice [124] shows, that courts, considering the cases, connected with protection of the rights of consumers under the contract of retail purchase and sale, in overwhelming majority of cases essentially and, according to the author of dissertation, unreasonably reduce the penalty which consumers, according to item 333 GK ask to collect the Russian Federation, recognising the penalty coming under to payment obviously disproportionate to consequences of infringement of the obligation.

For example, A has addressed in court with the recovery suit from penalty Open Society "УАЗ" for requirement default about malfunction elimination in the got car in the sum of 29330 roubles. The court, having counted the penalty coming under to payment obviously disproportionate to consequences of infringement of the obligation, has reduced statutory about ZPP the size about 1 % to 0,1 % per every day of delay in performance of the requirement of the consumer [125].

At the same time, the analysis of practice of the Supreme Court of the Russian Federation, allows to come to conclusion, that the Supreme Court of the Russian Federation adheres to other position on a case in point. It is possible to confirm the drawn conclusion with a following example. R and R indemnifications of moral harm and the penalty have addressed in court with the claim to Open Company "Jeweller shop" Amethyst "about cancellation of the contract of purchase, collecting of losses, referring that they have got gold earrings in cost of thirty thousand roubles in the specified shop, and one of ear rings has broken. After carrying out by examination shop it is established, that the breakage reason is defect of industrial character. The statement for cancellation of the contract of purchase in connection with sale of the poor-quality goods, directed R, to the seller in a voluntary order it is not satisfied.

By the decision of Sverdlovsk regional court of of Perm, full court definition on civil cases of the Perm provincial court, the decision of Sverdlovsk regional court of of Perm, the decision of presidium of the Perm provincial court regarding the penalty recovery suit it has been given up. The full court on civil cases of the Supreme Court of the Russian Federation has counted necessary to reduce the penalty coming under to payment according to item 333 GK the Russian Federation and to collect from Open Company "Jeweller shop" Amethyst "the penalty in favour of R and R in the sum 300 000 (three hundred thousand) рублей1. In a considered case the penalty coming under to payment has been reduced by Court three times, but the given decision is represented proved, otherwise from the respondent the penalty approximately in 900000 (nine hundred thousand) roubles [126 [127] came under to collecting. In this case this sum really is represented obviously disproportionate to consequences of infringement of the obligation.

Except specified above responsibility, the Law about ZPP provides indemnification of moral harm. So, according to Law item 15 about ZPP, "the moral harm caused to the consumer owing to infringement by the manufacturer (the executor, the seller) or the organisation which is carrying out functions of the manufacturer (seller) on the basis of the contract with it, the rights of the consumer provided by laws and legal acts of the Russian Federation, regulating relations in the field of protection of the rights of consumers, comes under to indemnification prichinitelem harm in the presence of its fault. The size of indemnification of moral harm is defined by court".

Moral harm can be caused the consumer, for example, as a result of manufacturing and sale of the poor-quality goods. Evasion from satisfaction of legal requirements of the consumer extrajudicially also admits the circumstance confirming the fact of causing to the consumer of moral harm [128].

The analysis of judiciary practice carried out by the author of dissertation has revealed HanH1IHe certain problems at decision-making by vessels on the size of indemnification of moral harm [129]. Courts, as a rule, are guided at definition of the sums,

Coming under to compensation as indemnification of moral harm, for the sums the requirement of consumers about compensation of a loss of property, penalties, etc. On occasion courts without motivation reduce the size of the sums collected in compensation of moral harm, to disproportionately character of caused harm,

It is possible to result the following example from judiciary practice, CH has addressed in court with the rescissory action of the contract of purchase, collecting from Open Company "Naval Forces" NN "the paid sum, the penalty, indemnification of moral harm. From business materials follows, that istitsa repeatedly (four times) addressed to the specified organisation with the requirement to terminate the contract of purchase of a poor-quality cellular telephone, but the seller long time evaded from satisfaction se legal requirements. In statement of claim CH has estimated the moral harm done to it in 10000 roubles. The court has passed the decision in which has obliged the respondent to pay CH. 100 roubles on account of specified компенсации1.

As a whole, as it is marked in the legal literature, approaches to definition of indemnification of moral harm are not fulfilled. As a result there is a considerable disorder and unreasonable randomness in an estimation vessels of the sizes of indemnification of moral harm [130 [131].

The stated analysis of the legislation on retail purchase and sale allows to allocate the following specificity of the contract of retail purchase and sale. So, the author of dissertation the conclusion about the parametres defining a place of the contract of retail purchase and sale both in system of civil-law contracts, and in system of contracts of purchase in particular becomes.

Speaking about the contract of retail purchase and sale, it is necessary to notice, that in it are inherent as the general signs of the contract of purchase as it is a kind of the contract of purchase and, hence, it is characterised by purchase and sale generic characteristics, as type, and specific features,

Caused of the allocation and special legal regulation of the contract of retail purchase and sale.

So, the contract of retail purchase and sale, as well as the contract of purchase as a whole, is the contract on transfer of a thing in the property of the buyer.

The contract of retail purchase and sale is the contract konsensualnym as it is considered entered into from the moment of achievement by the parties of the agreement on goods sale, instead of from the moment of its transfer to the buyer. But here it is necessary to notice, that in a case with the contract of retail purchase and sale definition of the moment of making contract has considerable specificity, as generates in a science ^prekrashchajushchujusja discussion on this question.

The obligations arising from the contract of retail purchase and sale, have mutual character as both parties of the contract have as the right, and korrespondirujushchie it duties.

The contract of retail purchase and sale is the contract vozmezdnym. Traditionally the cummutative contract is defined as the civil-law contract on which counter granting is carried out. So, according to item 1 of item 454 GK the Russian Federation the buyer is obliged to pay a certain sum of money (price) for the goods. Thus, the party under the contract of retail purchase and sale can receive wished under the contract only for varennoe satisfaction in the form of money.

Definition of the contract of retail purchase and sale contains also signs on which it is allocated in an independent kind of purchase and sale and differs from its other versions. These signs concern the characteristic of the seller as the parties of the contract and the purpose of acquisition of the goods under the contract of retail purchase and sale.

As the seller in the contract of retail purchase and sale the legal body or the citizen who is carrying out enterprise activity on sale of the goods at retail acts. The purpose of acquisition of the goods under the contract of retail purchase and sale is personal, family, house or other use, ie connected with enterprise activity. These of two sign as it is marked in the literature, generate an economic inequality between the buyer and the seller under the contract of retail purchase and sale, that finally and causes necessity of special legislative regulation of the given relations [132].

On the basis of the analysis of the legislation of Russia of all basic historical periods, including pre-revolutionary, Soviet and modern, conditionally legal regulation of relations of retail purchase and sale can be subdivided into following stages corresponding to them:

- Dispozitivno-imperative;

- The imperative;

- Imperatively-dispozitivnyj.

The legislation of pre-revolutionary Russia was characterised by the big optionality which has been caused as simplicity and backwardness existing then legal relations, and the big role of customs which the legislation only fixed.

The imperativeness of the Soviet period containing in basic in the subordinate legislation of administrative law, has been directed on a detailed subordinate legislation regulation of all treaty provisions of the retail purchase and sale which is doing not come under to change by the parties of the contract and directed to advantage of the seller under the contract of retail purchase and sale that has been caused by a state place in the given contract, acting in most cases the seller, and operating the state retail trade through corresponding bodies by means of norms of administrative law on the basis of express indication - submission.

At the present stage of legal regulation of relations of retail purchase and sale, in connection with transition of Russia to market economy and change of methods of influence of the state on economic relations, the imperativeness of the state expressed in basic in the mandatory provisions of civil law, is directed on weakness protection under the contract of retail purchase and sale.

On the basis of the spent analysis of sources of the Soviet and modern legal literature, the Soviet and modern legislation and pravoprimenitelnoj experts, the author of dissertation comes to conclusion that distinction of legal regulation of retail purchase and sale at this or that historical stage is caused by following reasons;

First, distinction of economic relations in the given area;

Secondly, distinction doktrinalnyh sights at corresponding problems;

Thirdly, distinction of the legislation on retail purchase and sale, including in a context of development of its private and public elements.

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A source: Horoshavina Hope JUrevna. Legal regulation of contractual relations of retail purchase and sale. The dissertation on competition of a scientific degree of the master of laws. Kazan - 2007. 2007

More on topic 2. The legislation on a retail doll-sale.:

  1. the Chapter I. The Civil-law doctrine and the legislation on retail purchase and sale. Kinds of the contract of retail purchase and sale,
  2. 3. The form of the contract of retail purchase and sale. Features of making contract of retail purchase and sale.
  3. the Chapter II. Elements of the contract of retail purchase and sale. Especial] makings contract of retail purchase and sale.
  4. 1. The parties of the contract of retail purchase and sale.
  5. 1. Researches of the contract of retail purchase and sale in the Russian To jurisprudence.
  6. 2. The maintenance of the contract of retail purchase and sale.
  7. Horoshavina Hope JUrevna. Legal regulation of contractual relations of retail purchase and sale. The dissertation on competition of a scientific degree of the master of laws. Kazan - 2007, 2007
  8. 1.3. The foreign legislation on the criminal liability for sale of alcoholic production by the minor
  9. 1.1. History of development of the legislation on the criminal liability for sale of alcoholic production by the minor
  10. the Appendix 6. Features of sphere of retail trade and their influence nja a competitiveness in branches and competitiveness of retail businesses.
  11. Chapter 1. Social conditionality of the legislation on the criminal liability for sale of alcoholic productionby the minor