Consumer Rights

Yes, most likely you're right. But It took time and the desire of people to make it so. Who prevents us to use what we have? The jurisprudence of many examples where consumers have successfully defended their rights. So far, so these examples more. The Law on Protection of Consumers' Rights is changing and gives consumers more and more opportunities to assert their rights. Courts in most cases are on the side of consumers. So what prevents us? So, we give an example what do you do if the goods are suddenly broken.

Example 1. Consumers bought, say, a washing machine, the warranty period on which the 2 years. A year later, machine broke down. Consumer has been cautious and has preserved not only checks and warranty card. Although, if he had not kept a check mark in the warranty card would be sufficient to confirm the purchase. However, our consumer does not know very well the laws. Therefore, ordering a "Gazelle", took his washing machine in the service center specified in the warranty card.

The consumer was wrong! The seller must itself ensure delivery for the repair of the goods weighing more than 5 kg (p.7 Art. 18 of the Law "On Protection of Author JoanPosted on Categories GeneralTags


See comment Checks carriers and taxi drivers, taxi drivers are allowed to Transport in the presence of information about the compulsory medical examination. Taxis should have a specialist position on road safety in the employment of the transport of more than 50 people, and more than 500 people – to create a service road safety. It seems now to work in a taxi (professionally) are losers or people who for various reasons did not manage to find themselves in today's market wilds. Capable of not getting out because of the "donut" for 16-18 hours at a time, while adhering to all safety precautions and do not forget about earnings. In the city of Mariupol, not concealing their activities, working thirty firms, as anyone can learn from advertising. However, registered in the tax office is not recorded any ecr, the firm is positioning itself as a taxi service.

Dispatching taxi service – is just a call center. Usually, taxi drivers even not registered in the state of the company supervisor. No country in the world even in Africa there is no outrage, as we have. Where is violating all laws of the heads of companies take a pledge of 1000 uah, forcing drivers to pay for advertising, come up with fines for violations of labor discipline, and from 20-100 usd. Taxi drivers, etc. against the dispatchers' taxi drivers gain, share and strangled. " According to taxi drivers, a trade union – is the only legitimate way to influence the willfulness of Directors dispatching services, which manifests itself in baseless dismissal of taxi drivers.

According protesting taxi drivers, the existing tariffs are not justified and are at a loss for taxi drivers. Director of Services increased the rate up to 3 km with 10 grn. up to 12 uah. At the same time with each order dispatching service gets its fare – 2,8-3 grn. According to taxi drivers, at such rates, given that about 80% of orders – is "Minimal", they earn about net 3.4 uah. with the order. According to them – these rates are not cost effective. Accordingly, we must raise the price of the fare. The union – the idea is very good, if the organization will work, as should work. Namely assist in the design of relevant documents, to solve problems with the accident, provide legal support to provide social guarantees. The fact that we are far away from the model, taxis, and some other structures not yet created. The taxi driver as if provided by itself, but the idea of a union could unite all of Mariupol taxi drivers. It is sad, ladies and gentlemen I want to say: 'That's slurp this whole mess, you deserved it! "

Expert Or Specialist? Is There A Difference ?

There is absolutely identical to each other civil cases. Every civil case to some extent, special, although it may have a similar legal situation. But, nevertheless, for certain types of civil cases should be submission of this form of evidence as an expert examination (examination). Expertise – this is a reasonable conclusion drawn in the manner prescribed by law individuals with special knowledge in one or various fields of science, technology, arts and crafts. Examination may be conducted in a civil case only court-appointed in the manner prescribed by Article 79, 80 cpc rf in this case it is called a forensic examination. In the case where there is a need to ascertain the validity of the proof to sue in court expert study conducted at the initiative of an interested person in the institution, the entitled to conduct such research, in common parlance, this conclusion is called “independent examination”. Subsequently, this study can be used in court as written evidence validity of the claim – the conclusion of the expert, with subsequent involvement of specialists, who gave this opinion, as a specialist.

Unlike these proofs from each other – forensic and expert research (Conclusions of the expert) is first, in order of their conduct. So, forensics performed on the basis of a judicial determination of the purpose of examination, which identifies the issues raised in the resolution expert. Expert research specialist conducted under contract to conduct an expert study to a particular specialist or to a particular competence center (variants of names may be different). Questions that are designed to allow the study in this case, put in a request or an attorney, or a statement of the person concerned. A second difference is that the examiner judicial examination, warned about professional responsibility for knowingly giving false conclusion on Article 307 of the Professional Code, whereas the specialist, conducting expert studies, such subscription does not. However, afterwards, if This person will be questioned in court, it will also be warned about professional responsibility, but for perjury as a witness.

Does Forensics for the court any more substantial value? By virtue of Part 2 of Art. 1967 hpa RF: “No evidence has for the court a pre-determined force.” However, experience shows that courts use provided by the expert studies conducted on the initiative hand, only as a basis for appointment to judicial examination. Would like to draw attention to the fact that sometimes the expert study carried out by experts of the highest category with the experience of 40 years, whereas Trial expertise in the same case holds a specialist with 5 years experience. But practice is practice. So whether to recommend that his client sometimes quite costly procedure expert studies (Peer review)? I can assert that expert studies and never harm anyone not brought, and sometimes helped to refrain from unnecessary action to appeal court decisions.

Reasonable Compromise

Often a situation arises when the manager just wants to get rid of the employee because of his quarrelsome, contentious nature. Or the administration has found a more experienced person, and staffing is not rubber. The employee also does not want to leave, and reasons for dismissal "under" does not Of course, you can try to survive an unwanted, but not with each is very clear. Someone simply on the initiative of the employer can not dismiss (a pregnant woman, for example) – it's the law prohibits. And with someone because of the same absurdity of the head does not want to communicate – what nerves spoil yourself. And how much time and effort goes into little squabbles that have grown "article"! And then fired go to trial, even if it is not right. If the dismissal a mistake, you do get a "two in one": the loss of money (cost of enforced idleness, plus the costs of representation), and returning to the workplace Dismissed violations of human For such situations, the legislation provides for the possibility of dismissal by agreement of the parties (article 78 of the Customs Code). This method of termination of employment contract allows the employee and management firm or organization to find a compromise. Most often, it looks like this: for the fact that the officer left, he paid monetary compensation – the so-called smart money. What benefits will a dismissal? For employer, in addition to the lack of scandals, the main advantage of the dismissal by agreement is to ensure that the dismissed employee has subsequently present a claim.