Administrative and criminal liability for violation of consumer rights in the legislation of the Russian Federation and the Republic of Belarus: a comparative legal study

The Russian Federation and the Republic of Belarus are members of a number of integration associations, such as the Eurasian Economic Union and the Union State, membership in which implies the convergence of national legal regulation in a number of areas in order to create the legal foundations for the functioning of the single economic space. This applies, among other things, to the harmonization of legislation in the field of consumer protection. However, it must be borne in mind that the protection of consumer rights is carried out not only by private legal means, but also by public legal means. This raises the issue of the need and possibility of harmonizing the provisions of national legislation establishing criminal and administrative liability for violation of consumer rights. In addition, a comparative analysis of the norms of criminal and administrative legislation of the two countries in this area is also of interest because it allows us to compare different approaches to regulating public liability for violation of consumer rights and take into account the relevant experience of legal regulation of another country in the development of national legislation. The authors use comparative legal, formal legal methods, the method of analysis and interpretation of normative legal acts as the main methods. As a result of the study, it is concluded that at present, full harmonization of the provisions of national criminal legislation and legislation on administrative offenses establishing liability for violation of consumer rights is not necessary. During the development of national legislation, the experience of another State may be taken into account, but first of all it is necessary to rely on the state of national legal regulation in the field of consumer protection. The conclusion is also substantiated on the formation of different approaches to the establishment of public liability in two countries: if in the Russian Federation the main emphasis is on measures of administrative and legal impact, which led to the development of provisions of legislation on administrative offenses and the decriminalization of a number of acts infringing on consumer rights, then in the Republic of Belarus the legislator proceeds from the need for wider application measures of criminal legal impact, while administrative and legal regulation is fragmented.

consumer rights protection, criminal law, crime, decriminalization, administrative law, administrative offence, public legal liability, Eurasian Economic Union, Union State, harmonization of legislation