ОБРАЗОВАНИЕ НАУКА И ИННОВАЦИОННЫЕ ИДЕИ В МИРЕ
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THE CONCEPT OF CONSUMER PROTECTION IN THE CONTEXT
OF ONLINE TRADING
Abdulkhaeva Anisa Abdumalikovna
3-year student of Private Law Faculty
at Tashkent State University of Law
Tuychieva Shakhzoda Rufat kizi
supervisor,
lecturer of the International Private Law Department
at Tashkent State Law University
Abstract
: In the article, the author examines the main problems of protecting
rights in the field of online trade. Moreover, the rapid development of digital commerce
and its impact on buyers is examined, identifying gaps in legislation, difficulties in
refunding funds and threats of leaking personal information. Based on the study of
domestic and foreign experience, as well as regulatory acts and scientific works,
proposals are put forward to improve legal regulation. The key task is to adapt the
legislation to new conditions in order to make online commerce more reliable and
transparent.
Keywords
: consumer, consumer protection, online trade, seller, purchase and sale
agreement, goods, online store.
The modern phase of development of commercial relations is associated with the
rapid expansion of online trade as one of the main forms of the retail sale, which
predetermines the modern evolution of traditional mechanisms of consumer rights. On
the one hand, virtualization of trading activities opens unprecedented opportunities to
implement consumer choice and optimize the process of acquiring goods and, on the
other hand, highlights the issue of improving the mechanisms of legal regulation of
distance transactions.
Particular scientific and practical value is gained by studying the issues of
providing the guarantee of protecting the rights of consumer relations in conditions of
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the digitalization of economic processes, that imposes the necessity of the development
of specialized legal instruments, adapted to the specifics of industry and commerce in
electronic media. A. V. Yurasov defines e-commerce itself as “a sphere of the economy
that includes all financial and trade transactions carried out using computer networks,
and business processes associated with the implementation of such transactions.”
1
The
modern paradigm of the legal regulation should take into consideration the hybrid
nature of the internet trade which combines both the traditional features of the relations
based on the contract, and the peculiarities that depend on the virtual environment the
commercial operation may be implemented.
The given problematic gains some sort of a special topicality against the backdrop
of the necessity to find a balance between the freedom of entrepreneurial activity in the
cyberspace, on the one hand, and an efficient protection of the rights of the most
unprotected part of the contractual relations, that is, consumers, on the other hand,
which is a significant issue of modern civil law and has to be solved in a complex,
interdisciplinary way.
The methodological basis of the conduct of the given work lies in the complex
analysis of scientific literature, normative-legal acts and analytical materials dedicated
to the issue of electronic commerce. During the process of investigation works of
leading specialists in the given field were subjected to thorough analysis, including
scientific articles by L.E. Bochan, Yu.M. Gorbunov, V.I. Orel and other scientists,
whose research raises topical issues of legislation and practical activities in the digital
environment.
As L.E. Bokhan notes in his research, modern marketplaces demonstrate a high
degree of legal protection for consumers, expressed in well-established mechanisms
for returning goods and resolving disputes.
2
At the same time, the author notes the fact
that there are critical gaps in the legal regulation of the activities of the subjects of
small entrepreneurship in the field of e-commerce.
1
Yurasov A.V. Fundamentals of electronic commerce. Textbook. M.: Tempus; 2016. 500 p. ISBN 978-5-9912-0333-3.
2
Bokhan L.E. Problems of consumer protection in online trade // Agrarian and land law. 2023. No. 12 (228). Pp. 157-
158.
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M.A. Gorbunov in his works focuses on the transformative impact of digital
technologies on the very nature of legal regulation, which, in his opinion, requires a
rethinking of traditional legal paradigms. Of particular importance is the study by V.I.
Orel, V.G. Puzyrev and I.V. Vasilyeva, who substantiate the need to develop
specialized educational platforms aimed at raising the level of legal culture and digital
competence of e-commerce participants.
3
The key regulatory legal act governing consumer rights is considered to be the
Law "On Protection of Consumer Rights"
4
, along with this, the rules governing aspects
of online trading exist in the Civil Code of the Republic of Uzbekistan, in the Laws
"On Advertising", "On Electronic Commerce"
5
"On the Protection of Personal Data".
Moreover, the processes of digitalization of economic processes are recognized as a
strategic priority of the socio-economic development of the Republic of Uzbekistan. In
this context, the regulatory and legal consolidation of the foundations of digital
transformation is of particular importance, which is reflected in the Decree of the
President of the Republic of Uzbekistan dated 05.10.2020 No. UP-6079 "On approval
of the Strategy" Digital Uzbekistan - 2030 "
6
. This strategic document defines as a key
task the formation of a modern legal framework that ensures the introduction of digital
technologies and regulation of economic activity in the digital environment. We will
also cite the Decree of the President of the Republic of Uzbekistan "On measures to
strengthen the protection of the rights of consumers of digital products (services) and
the fight against offenses committed through digital technologies."
7
3
Orel V.I., Puzyrev V.G., Vasilyeva I.V. Features of consumer protection in the remote sale of goods // Medicine and
organization of health care. 2023. Vol. 8. No. 4. Pp. 103-110.
4
Law of the Republic of Uzbekistan "On Protection of Consumer Rights" dated 04/26/1996 No. 221-I.
5
Law of the Republic of Uzbekistan "On Electronic Commerce" dated 09/29/2022 No.
ЗРУ
-792,
https://lex.uz/ru/docs/62134284
6
Decree of the President of the Republic of Uzbekistan On Approval of the Strategy "Digital Uzbekistan-2030" and
Measures for its Effective Implementation dated 10/05/2020 No.
УП
7
Decree of the President of the Republic of Uzbekistan "On measures to strengthen the protection of the rights of
consumers of digital products (services) and the fight against offenses committed through digital technologies" dated
November 30, 2023, No. RP-381,
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However, despite the comprehensiveness of the legislations and the laws that
govern this sector, it is common that the existing laws lack the capacity to meet the
complexities that are encountered in the field.
The recent example of improving the ways of protecting the rights of consumers
abroad is the association Ecommerce Europe which works in the E.U. This association
works to increase consumer confidence and among other things, to be avoided when
shopping as a buyer on online marketplaces. It is also worth to give an example of a
domestic market place Uzum market, where, also, the conditions of delivery of goods
and its retraction are quite clearly spelt out, this online shop is directed at protecting
the interests of the consumer.
Moreover, there are large Russian marketplaces such as Ozon, Wildberries,
YandexMarket, where the issues of product returns are more regulated and built on
customer loyalty, while the issues of delivery or product returns in small online stores
are more difficult.
8
One of the obvious issues is that the Law of the Protection of Consumer Rights
does not provide a clear set of rules to enter into an online contract and peculiarities in
the delivery, returning, or guarantees. The current legislation reflects a significant lag
behind the rapidly evolving market realities. There is the lack of a legal definition of
the notion of the internet-store, the specifics of forming an electronic contract are not
regulated, the standard forms of contracts related to the distant commerce are not
developed. Particular complication is provided by the regulation of the cross-border
deals in the digital environment.
Moreover, it is not clear which online platforms should be subject to regulation
within the framework of the law, which obviously includes social networks,
messengers and aggregator services.
Secondly, online-trade, one of the most important issues remains the impossibility
to verify the authenticity of the seller. Unlike a traditional retail market, where the legal
8
Bokhan L.E. Problems of consumer protection in online trade // Agrarian and land law. 2023. No. 12 (228). Pp. 157-
158.
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status and grounds of the seller are verified and confirmed by a document, in the
Internet the buyer is often faced with anonymous interlocutors or sellers who operate
under the model of drop-shipping, when, as sellers, naturally legal entities are regarded
as buyers, who do not possess the status of an individual entrepreneur (a typical
example is the activities of the companies of Oriflame and Avon), which significantly
complicates the submission of claims and the defense of their rights in court because,
according to article 72 of the Civil Procedural Code of Republic of Uzbekistan: “each
party is obliged to prove the circumstances to which it refers as the basis for its claims
and objections.”
9
It is also concerning how the weak regulation of a set of issues that involve the
protection of the personal information of consumers is also a cause of concern. The
questions like volume of acceptable usage of such data, responsibility to leak such
information under the fault of the internet-platforms, and compensation order in the
event of fraudulent operations remain unanswered in the circumstances when one has
to provide the personal data (i.e., name and address and payment information) to
perform the very purchase.
The lack of efficient mechanisms of the out-of-court settlement of disputes also
complicates the protection of the rights of buyers. Unlike in Europe (as with the
example of ODR systems in the European market), in Uzbekistan a special online
platform that would provide the possibility to resolve conflicts between online
consumers and sellers in a timely manner has not yet been developed.
Besides, there are serious gaps in the regulation of international cross-border
internet commerce. When ordering goods on the foreign marketplaces, such as
AliExpress or Amazon, the consumer has to face uncertainty in whether or not the
norms of Russian legislation can be applied, as well as with difficulties to return the
goods and recover the money in case flaws are discovered.
It is also important to present the example of modern practice of the electronic
commerce, where a common scenario is the like when the consumer following the
9
Civil Procedure Code of the Republic of Uzbekistan dated April 1, 2018 No ZRU-460
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description that has been provided by the seller of the product in the catalogue of the
merchandising marketplace has encountered the fact that the product received
essentially does not correspond to the promised specifications. The issue becomes
especially legal in the context of the study of the conditions of the Civil Code of the
Republic of Uzbekistan.
According to Article 429 of the Civil Code of the Republic of Uzbekistan, the
parties may conclude a contract for the sale and purchase of goods based on a sample
(description, catalog, etc.). The execution of the contract for the sale of goods based on
a sample is carried out in accordance with the rules of Article 431 of this Code. Before
the transfer of the goods, the buyer has the right to refuse to execute the retail sale and
purchase contract, subject to reimbursement to the seller of the necessary expenses
incurred in connection with the actions to fulfill the contract.
10
Checked lawful analysis points out the significant rightful collision that despite
the fact that the consumer was misled with the help of providing inaccurate information
about this product there is certain statutory lawful regulation that puts loads of the
responsibility on private individual to reimburse the seller with actually incurred costs
in the event of withdrawal of services as contracts. The specified legislative
construction reveals an evident imbalance in dividing legal risks among the parties of
the civil turnover, placing a good-faith buyer in an obviously disadvantageous
situation.
The issue of low degree of legal awareness among customers remains as sharp.
Many citizens do not have the information that, according to Part 1 of Article 433 of
the Civil Code, the buyer has the right, within ten days from the moment of transfer of
a non-food product to him, unless a longer period is announced by the seller, to
exchange the purchased product of proper quality at the place of purchase or other
places announced by the seller for a similar product of a different size, shape,
10
Civil Code of the Republic of Uzbekistan (part two) dated March 1, 1997 No. 256-I.
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dimensions, style, color, configuration, etc., having made the necessary recalculation
with the seller in the event of a difference in price.
11
In such a way, particular attention should be paid to the fact of archaic nature of
the existing legislation, which, since it is based primarily on regulating the traditional
forms of trade, does not reflect the specifics of digital commerce. This is what
predetermines the actual necessity of the complex normative-legal base modernization
considering the modern technological realities and the best international experience in
this field.
Since online trade is one of the types of retail trade, these legal relations are
divided into two categories, namely: legal relations between consumers and sellers;
state regulation of entrepreneurial activity. As M.A. Gorbunov rightly notes, the
development of individual institutions of the information society affects the essence of
the state.
12
According to Article 425 of the Civil Code of the Republic of Uzbekistan,
a retail sale and purchase agreement implies an obligation of the seller - a business
entity - to transfer to the buyer a product intended for personal, family or other use not
related to commercial activity. It is important to emphasize the public nature of this
type of contractual relationship, which is directly enshrined in legislation. In
accordance with Article 426 of the Civil Code, an offer of goods containing all the
essential terms of the contract, expressed in advertising materials, catalogs or other
descriptions addressed to an indefinite number of persons, acquires the status of a
public offer. Particular attention should be paid to the provision that the demonstration
of goods, the presentation of samples or the distribution of information about the
products sold (including descriptions, catalogues, photographs) at points of sale is
recognized as a public offer, even in the absence of an indication of the price and other
essential terms of the contract.
11
Civil Code of the Republic of Uzbekistan (part two) dated March 1, 1997 No. 256-I.
12
Gorbunov M.A. State and law in the era of digital transformation of society: a new paradigm or loss of legal basis //
Russian legal system in the context of the fourth industrial revolution: Proc. VI Moscow legal forum of the XVI
International scientific and practical conf.: In 3 parts. Moscow, April 4-6, 2019.
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So, signing the Contract of purchasing and selling goods online in the framework
of distant trade, it is necessary to pay attention to two main legally important
conditions. To begin with, the seller must properly formalize and direct the offer that
contains all the material conditions of the agreement such as the description of the
good, its price, the delivery process, and other relevant information. Second, the buyer
should state his agreement (acceptance) with the terms applicable by performing
decisive transactions, the purpose of which is to accept the offer, practically, in most
cases, by placing an order in a formal manner using an electronic system.
Juridically, a contract is considered concluded at the moment when the seller
receives an equivalent order confirming the acceptance of the buyer. The significance
of the given moment is rather important as regards to determination of the emergence
of the duties of the parties because it is since that time that the seller of a commodity
gets the duty of delivering that commodity and the buyer gets the duty to accept and
pay up.
Conducted research testifies to the existence of significant gaps in the legal
regulation of the sphere of electronic commerce, in particular, the field of consumer
protection in the digital environment. The review of the existing legislative framework
and the practical approach of applying the law helps to identify that it is necessary to
comprehensively update the normative base, the goal of which should be to eliminate
the existing legal contradictions. In the first place, a clear definition of the legal status
of digital platforms and information intermediaries should be provided with
responsibility to ensure veracity in the information provided about goods and services.
At the same time, it is necessary to develop standardized requirements to the content
of electronic contracts, which would provide transparency of the conditions of the deal
to consumers.
The introduction of effective mechanisms of protection of the rights of buyers
acquires particular importance, in particular, the introduction of guaranteed schemes
of returning payments, as well as the development of specialized out-of-court measures
to resolve disputes. No less important seems to be the ensuring of the perfection of the
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system of the protection of the personal data through the introduction of special
requirements to work with the personal data in the area of the electronic trade, the
obligatory certification of the digital platforms, the provision of the regular audit of the
security systems.
To provide the effective implementation of offered measures, development of
specialized controlling institutions, establishment of the self-regulating mechanisms of
the electronic commerce and implementation of the programs of increasing population
digital literacy is needed. In this respect, particular significance is attributed to the
harmonization of the national legislation with the international ones concerning the
protection of the rights of consumer goods in the digital universe, as in this way, it will
be possible to establish a balanced system of the legal regulation of the sphere.
The topical areas of further scientific investigation can become the examination
of the efficiency of the introduced mechanisms of protection, the development of
global standards of the regulation of electronic commerce and the analysis of the
impact of new technologies, including blockchain and artificial intelligence, on
consumer relationships. Implementation of the mentioned measures will contribute to
the establishment of a stable legal environment, which will provide not only the active
development of the digital economy, but also a high level of the preservation of
consumers rights and legitimate rights.
Literature review:
1. Law of the Republic of Uzbekistan "On Protection of Consumer Rights" dated
04/26/1996 No. 221-I.
2. Law of the Republic of Uzbekistan "On Electronic Commerce" dated 09/29/2022
No. ЗРУ-792,
https://lex.uz/ru/docs/62134284
3. Decree of the President of the Republic of Uzbekistan On Approval of the Strategy
"Digital Uzbekistan-2030" and Measures for its Effective Implementation dated
10/05/2020 No. УП-6079,
4. Decree of the President of the Republic of Uzbekistan "On measures to strengthen
the protection of the rights of consumers of digital products (services) and the fight
ОБРАЗОВАНИЕ НАУКА И ИННОВАЦИОННЫЕ ИДЕИ В МИРЕ
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against offenses committed through digital technologies" dated November 30, 2023,
No. RP-381,
https://lex.uz/ru/docs/6681115.
5. Law of the Republic of Uzbekistan "On personal data" dated July 2, 2019 No. ZRU-
547,
6. Civil Code of the Republic of Uzbekistan (part two) dated March 1, 1997 No. 256-
7. Civil Procedure Code of the Republic of Uzbekistan dated April 1, 2018 N ZRU-
8. Bokhan L.E. Problems of consumer protection in online trade // Agrarian and land
law. 2023. No. 12 (228). Pp. 157-158.
9. Gorbunov M.A. State and law in the era of digital transformation of society: a new
paradigm or loss of legal basis // Russian legal system in the context of the fourth
industrial revolution: Proc. VI Moscow legal forum of the XVI International scientific
and practical conf.: In 3 parts. Moscow, April 4-6, 2019.
10. Orel V.I., Puzyrev V.G., Vasilyeva I.V. Features of consumer protection in the
remote sale of goods // Medicine and organization of health care. 2023. Vol. 8. No. 4.
Pp. 103-110.
11. Yurasov A.V. Fundamentals of electronic commerce. Textbook. M.: Tempus;
2016. 500 p. ISBN 978-5-9912-0333-3.
