FORMS AND METHODS OF PROTECTING CONSUMER RIGHTS UNDER LOAN AGREEMENTS

Based on the conducted research, it was established that the form of protection is the order or type of legal activity for the protection of rights in general. In the science of civil law, a distinction is made between jurisdictional and non-jurisdictional forms of protection of rights. In the first case, this is the protection of civil rights by state or state-authorized bodies with law enforcement powers, in judicial or administrative proceedings. In the second case, this is the protection of civil law by independent actions of an authorized person without recourse to state and other state-authorized bodies in the form of self-defense or measures of operational influence on the offender. The method of protection is the lawful actions of authorized subjects in order to stop the violation and restore the violated right. The choice of forms and methods of protection is determined by the subject of the loan agreement (money or things). Thus, in a real loan, the borrower can use a non-jurisdictional form of protection of rights by using various types of operational measures, such as refusal of the contract, refusal to accept improper performance in the form of termination or change of the legal relationship to the performance of the obligation in kind by submitting an application or claim. Under a cash loan agreement, the parties protect their rights in a jurisdictional form with the help of a statement of claim, for example, a citizen-consumer can file a claim against the bank in a court of general jurisdiction to terminate the contract for the provision of services, or a citizen-consumer-victim files a claim with the Arbitration Court to Rospotrebnadzor on the cancellation of the ruling refusing to initiate an administrative offense against the bank. In order to restore violated consumer rights, it is necessary to resolve the issue of the main types of additional work (services) specified in the loan agreement. In this regard, it is necessary to improve regulations aimed at protecting consumer rights.

consumers, victim, buyers, jurisdictional form, non-jurisdictional form, forms of consumer protection, methods of protecting consumer rights, loan agreement, borrower, law

Khavziev A. A. Forms and methods of protecting consumer rights under loan agreements. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;3(68):226—231. DOI: 10.25683/VOLBI.2024.68.1046.