Product Liability Law. Legal Practicies and Modern Tendencies of Development

Y. V. Zemlyachenko
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Abstract

The presented article is devoted to the issue of protecting Russian consumers of imported goods in the context of large-scale, fundamental changes in the external economic environment against the backdrop of global geopolitical transformations. For the first time in the entire modern history of the Russian Federation, since the change in political and economic courses and the establishment in 1991 of a new market paradigm for the development of an independent state of the Russian Federation, the country has faced the problem of a “break” in cultural and moral ties. The current events of today demonstrate with a high degree of obviousness the extreme degree of neglect of this problem and, as a result, the unprecedented reactionaryness of now political opponents and business partners of Russia, originating from the territory of their countries. Under the veil of non-acceptance of the traditional values of Russian society, Western countries offer an extremely absurd foreign trade agenda - economic sanctions, often forcing national businesses to stop any trade and economic relations with Russian partners. In such conditions, the market, as a living social organism, is looking for options to overcome artificial, contrary to the conditions of healthy competition, barriers to meet consumer demand, including through parallel imports. Taking into account the current situation, there is a need for a legal analysis of the legal consequences for foreign manufacturers as a result of the supply of low-quality goods to the Russian market in the face of economic restrictions on their supply to the exporting country. Based on the basic principles of tort liability for damage caused by defects in goods, works and services, the manufacturer of the relevant product group, regardless of the terms of trade and the nature of the goods, must be liable to persons who have suffered damage as a result of the consumption of the goods produced by him.
产品责任法。法律实践与现代发展趋势
本文致力于在全球地缘政治转型的背景下,在外部经济环境发生大规模根本性变化的背景下,保护俄罗斯进口商品消费者的问题。在整个俄罗斯联邦现代史上,自从政治和经济进程发生变化以及1991年为发展俄罗斯联邦的独立国家建立了新的市场模式以来,该国第一次面临文化和道德纽带“断裂”的问题。今天发生的事件非常明显地表明对这一问题的极度忽视,其结果是俄罗斯现在的政治对手和商业伙伴在其本国领土上表现出前所未有的反动态度。在不接受俄罗斯社会传统价值观的面纱下,西方国家提供了一个极其荒谬的对外贸易议程-经济制裁,经常迫使本国企业停止与俄罗斯合作伙伴的任何贸易和经济关系。在这种情况下,市场作为一个有生命的社会有机体,正在寻找各种办法,以克服与健康竞争条件相反的人为障碍,包括通过平行进口来满足消费者需求。考虑到目前的情况,有必要对外国制造商在向出口国供应低质商品受到经济限制的情况下向俄罗斯市场供应低质商品所造成的法律后果进行法律分析。根据货物、工程和服务缺陷造成损害的侵权责任的基本原则,相关产品组的制造商,无论其贸易条件和货物性质如何,都必须对因消费其生产的货物而遭受损害的人承担责任。
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