The Consumer in Relations in the Field of Ensuring the Protection of Law and Order During the Implementation of Judicial Proceedings

Abstract

As a general rule, to satisfy their own interests and protect their rights, the consumer of security services has the right to apply a contractual (prescribed in the contract on the provision of security services) or legal (provided by the state in the legislation of Ukraine) mechanism. If the contractual mechanism can be any, subject to compliance with the provision on the inadmissibility of exclusion or limitation in the contractual procedure of the rights granted to the consumer by legislation, and the terms of the contract, which exclude or limit the corresponding rights of the consumer, are optional for him, then the legislation of Ukraine has a clear procedure and a fairly clear mechanism for protecting the rights of consumers of security services. The provisions of this Law are clear and understandable, but until the moment when the issue of their implementation and protection of the violated right in court does not arise. Protection of consumer rights, including protection services, is given little attention by both scientists and practitioners. Even less importance is given to these relations by state authorities and local self-government. Although it is they who must implement the information and legal policy to protect (protect) the rights of consumers, which should become a prejudice against violations of their rights and interference with their legitimate interests. The practice of concluding contracts causes many claims from the consumer in the future, but only a small part of them go to court to defend their rights. But various procedural «nuances» arise in courts, and here special attention is already paid to judicial practice on one or another issue. What can we talk about in the event that when participating in a court proceeding, each person becomes a consumer of court security services, which is a state body in the justice system that provides protection and maintenance of public order in courts. Among the functions of judicial protection are: 1) implementation of measures to prevent threats to the personal safety of judges, their family members, court employees, as well as participants in court proceedings, detection and neutralization of such threats; 2) responding within the limits of the powers granted by law to illegal actions related to assaults on judges, their family members, court employees, and participants in the court process. According to the current legislation of Ukraine, not only judges, members of their families, court employees, but also participants in court proceedings are consumers of court security services. Such relations actually arise on the basis of the accession agreement and do not require the conclusion of separate special agreements. Protection of consumer rights in case of non-provision of judicial protection during participation in the legal process takes place on the basis of the general procedure for consideration of cases on the protection of consumer rights. Such cases also do not require the payment of a court fee.