Молодой учёный

342 Государство и право
«Молодой учёный» . № 5 (40) . Май, 2012 г.
period from 3 to 5 years for the unlawful use of a trademark
on the prior agreement of parties.
At present criminalization of the consumer market makes
questions of responsibility for production and sale of adulterated
and counterfeit products urgent (especially excisable
like spirits, etc.). At this stage the legislative framework
and adopted by the State penal measures are ineffective and
require revision. Simplification of the work of legal entities
due to the reduction of planned inspections by State control
to one time in three years (except for tax control), limits the
possibility of controlling authorities to monitor adulterated
and counterfeit products. The abolition of compulsory certification
of consumer products also complicates the situation.
To save time, effort and money in the process of creating
a mechanism for the effective management and protection of
the consumer market we should refer to foreign experience
in this area.
Returning to the problem of rare inspections of legal entities
in Russia, it should be noted that in Germany controlling
authorities decide themselves how often they will carry
out inspections. The regularity of inspections depends on the
type and origin of products, practices of internal company
control, health, education and quality of personnel, previous
record of violations. When there is information about possible
violations the checks over and above the plan are carried
out [3, p.47].
It should be emphasized that the European Union (EU)
monitors the quality of products though the Food and Veterinary
Service of the Directorate General for Health and Consumer
Protection, which is guided by EU directives on health
and consumer protection. Its tasks include among other matters
control over compliance with the Union directives in the
field of food quality in the EU and in the Third World countries,
supplying EU markets with their products. In Russian
conditions, the protection of consumer interests in terms of
quality of goods, the range of products, prices and saturation
of the market with the goods is entrusted to the Department
of Consumer market and Services in Moscow and similar
agencies in the regions. However, this department is unable
to control the importation of counterfeit goods, which led to
its saturation (35%) in Moscow market. The situation ended
up with a fact that check of each product requires permission.
German society for quality control and research institutes
studying the market from Mainz provides information for
consumers about the quality of the goods. The federal government
helps to publish the journal «Test» which informs
the consumers about new products, examines the quality, offers
alternative products to compare, reports the indicative
prices, and gives advice to consumers [4, p.64]. In Russia
these functions are executed by publications of the Union of
Consumers of the Russian Federation and to a lesser extent –
the TV program «Test Purchases», «Habitat» and others.
Also in Germany there is a practice when the enterprises
of provisions area have special journal where you can find all
information about the deal like the time and the place and the
price etc. Such a system allows analyzing the supply chain,
identifying the direct perpetrators and thus preventing further
movement of defective products.
One of the main forms of State regulation of foreign consumer
market is price regulation when the public authorities
undertake pricing for specific types of goods and services that
are crucial to the national economy. From 5 to 10% of the
consumer prices in the United States are regulated. Herewith
direct regulation is limited – only in monopolized industries
under antitrust laws. The most extensively used
methods of indirect price regulation such as regulation of the
discount rate of the Federal Reserve Banks are the reduction
of government deficits, large-scale purchases of goods and
services for federal purposes with fixed prices, tax incentives
for consumption and sales. There are approximately 20% of
prices controlled by State in France and 10% in Spain. A
wide-range price control makes the market less flexible, inhibits
the growth of production, restrains competition, and
limits the intersectoral mobility of capital. However, the limited
State regulation of prices takes place in all countries with
developed market economies.
The selective credit policy is a very significant trend in the
sphere of State regulation of consumer market. Credit support
can be obtained both by sellers of consumer goods and
consumers (in case of expensive, but necessary purchase).
When credit privileges are not enough the measures of direct
subsidies to consumers may be applied to increase demand.
Taxation methods are widely used in developed countries
for consumer markets regulation. In particular, in the most
countries essential goods are imposed by taxes to a lesser extent
and luxury goods, alcohol and tobacco products carry
the main tax burden.
Different public organizations have a large impact on
consumer markets along with public authorities in countries
with developed market economies. In the majority of developed
countries there are large national organizations of consumers
such as Consumers Union in the USA, British Association
of Consumers, and National Institute for Consumers
in France.
The legislation is being improved under the influence
of public organizations. Strict standards of environmental
safety, quality of goods and services are being developed.
Consumers Unions conduct an independent examination of
goods and services, educate consumers, interact with legislators,
manufacturers, conduct public opinion and consumer
preferences polls, publish reference and technical literature,
provide citizens with necessary legal assistance. Two public
organizations in Russia are Consumers Union of the Russian
Federation and the National Foundation of Consumer
Protection.
Thus, at this moment in Russia the basis for effective
functioning of consumer market is developed but not in detail.
There is no single conceptual legitimate approach to
regulate and protect the relations arising in the market. The
task to speed the completion of the formation of a legislative
package regulating economic relations should be put forward
as a top priority. We should also take into consideration