System of consumer rights protection in Ukraine: reformation problems

Abstract

Background. The attention of all word to the process of Ukrainian economy development is largely focused on the state and trends of the consumer market and, above all, on compliance of consumer rights and interests during the state strategy evolution. This approach is a priority of the European Union and is reflected in numerous documents, including the Charter on consumer protection, Guidelines on consumer protection and so on.
The necessity of consumer right protection reforming, which the aim is the compliance with European approaches, is recognized one of the priority tasks in Ukraine. European vector of economic and social Ukrainian policy development must be clearly defined. Market economy does not work without an effective state function of consumer protection.
The aim of work is critical analysis of current state of the national consumer protection reform in the context of European integration process.
Discussion. International and national consumer protection practices are based on recognized throughout all civilized world principles and norms. State consumer protection policy must be systemic, consolidated with local government bodies and public associations of consumers. Formation of consumer protection had been carried out in Ukraine since independence of Ukraine, in particular with the adoption in 1991 of Law "On Consumer Rights Protection" and the establishment of the State Committee on Consumer Protection.
Nowadays the Cabinet of Ministers of Ukraine has created the State Service of Ukraine on Food Safety and Consumer Protection (Derzhspozhyvprodsluzhba), to which some functions, including consumer rights protection, were delegated. The most significant both on volume and essence activity is the part, which is connected with ensuring of food safety. But, according to the Strategy of Sustainable Development Ukraine–2020, two reforms (the reform in the field of food safety and quality and the reform in the field of consumer protection) were identified separately. The creation of Derzhprodspozhyvsluzhba involves a combination of the two aforementioned reforms into one. Thus, the constitutional guarantees of state consumer protection remained declarative, all acquired achievements in this area were lost. It roughly contradicts the approaches of EU.
The consequence of this "reform" in Ukraine also became the scattering of the Law of Ukraine "On Consumers’ Rights Protection". The norms on food, its quality, safety and state supervision were removed. Thus, it can be concluded that reform takes place under the motto of consumer’s worries, but in reality the consumer had become defenseless.
For the protection of consumer constitutional rights it is necessary to take into account subsequent steps of the consumer protection reform international approaches considering the domestic realities.
Conclusion. Thus, for the normalization of the situation in Ukraine in accordance with the best practices of the world it is useful to establish a single national coordination center, which would be responsible for consumer policy. It should provide interaction with the professional, scientific, educational, experts, customers’ NGOs, implement effective legislative regulation and provide representation of consumers in the decision-making processes relating to their interests and rights.