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Article type:
Original article
Index UDK: 342.7
Year, Volume, Number:
2024, Vol. 12, № 1 (45)
Pages: 51-58
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ADMINISTRATIVE REFORM AND CONSTITUTIONAL DUTIES OF THE STATE
Dmitry S. Khramov
Postgraduate student, Penza State University, 40 Krasnaya street, Penza, 440026, Russia, di-xr1998@mail.ru
EDN: NUHOAQ
DOI: 10.21685/2307-9525-2024-12-1-6
Category: PUBLIC LEGAL (STATE LEGAL) SCIENCES
For citation:
Khramov D.S. Commissioner for the Financial Services Consumers’ Rights as a Concept of Human Rights Activity of the State. Elektronnyy nauchnyy zhurnal "Nauka. Obshchestvo. Gosudarstvo" = Electronic scientific journal "Science. Society. State". 2024;12(1):51–58. (In Russ.). doi: 10.21685/2307-9525-2024-12-1-6
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Received: 01.11.2023
Accepted: 28.02.2024
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 Open access
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Abstract
Background. The article considers the formation and development of the concept of the commissioner for the financial services consumers’ rights in the Russian Federation. It is noted that the main objectives of the introducing the post of the commissioner for the financial services consumers’ rights is to simplify for citizens the procedure of considering and settling disputes in the field of financial services, as well as resolving these disputes in the shortest possible time. In addition, the activity of the commissioner for the financial services consumers’ rights should significantly reduce the number of citizens’ appeals to the courts. Since the important idea in the activity of the new official is that, if a dispute is subject to consideration by the commissioner for financial services consumers’ rights, the financial services consumer has the right to make claims against the financial organization in court only after appealing to the commissioner for financial services consumers’ rights. The aim of the study is to analyze the activity of the official and to make proposals for further development and improvement of this concept in the Russian Federation. Materials and methods. The basis of the study is the Federal Law “On the Commissioner for the Financial Services Consumers’ Rights", as well as the Law of the Russian Federation "On Protection of Consumer Rights". In addition, the analysis of judicial practice and statistical data is used for the fulfillment of the aim of the study. Results. The article notes the positive aspects in the implementation of the alternative procedure for resolving financial disputes involving consumers, such as accessibility, free of charge and short terms of settlement, as well as outlines the range of problems in the implementation of the pre-trial procedure of dispute resolution in practice, with the important observation that the concept is at the stage of formation. Conclusions. The objective of the commissioner for the financial services consumers’ rights is to consider appeals of financial services consumers on satisfaction of property claims to organizations providing financial services. There are problems faced by consumers in pre-trial settlement of disputes in case of compensation for harm to life and health, compensation for moral damage, as well as recovery of penalties.
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Keywords
commissioner for the financial services consumers’ rights, pre-trial dispute resolution, protection of the financial services consumers’ rights
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