On June 10, 2023, a new Law of Ukraine "On the Protection of Consumer Rights" (reg. No. 6134) was adopted, which will replace the current Law with the same name, which was adopted more than thirty years ago and, in fact, does not meet modern challenges. In the new Law, in order to fulfill Ukraine's obligations under the Association Agreement between Ukraine and the European Union (EU), the adaptation of Ukrainian legislation in this area to EU legislation, its harmonization with the principles and approaches operating in the European Union, has been implemented.
The new Law introduces the definition of "marketplace" for the first time and establishes liability for failure to provide information that would allow the identification of a business entity engaged in electronic commerce by posting relevant information on the website.
The powers of the State Production and Consumer Service have also been expanded, which will now be able to restrict access to the website of business entities that violate the legislation on the protection of consumer rights. Such a restriction will be implemented by contacting the Internet service provider. Also, the Law enshrines the prohibition of unfair and aggressive commerce and defines the signs of such activity.
Unfortunately, the Law, which has been in force since 1991, has a significant number of gaps, in connection with which it is not uncommon to see the practice when, from the information posted on the website, it is impossible to establish the business entity that is actually the supplier of goods, and the information about the product may not be complete or accurate.
The adoption of the Law will encourage business entities that conduct electronic commerce to adequately respond to the introduced changes in order to avoid violations of the current legislation of Ukraine and prevent blocking of access to web resources, which directly depends on a correct understanding of the content of the legislation and the practice of its application.
The specialists of Dynasty Law & Investment have considerable experience in supporting economic activity, will help to understand the novelties of the legislation and ensure clear compliance with the established rules and meet European standards in relations with consumers
Oleksandr Bragin, attorney at Dynasty Law & Investment