The impact of monetary recovery aims when using a moral damage compensation mechanism (“consumer extremism” as a source of income in the modern period)

Abstract

The article analyzes the concept of “consumer extremism” in Russian law, discusses its literary (“jargon”) character and the lack of a clear legal definition. Unlike criminal law, where the term “extremism” has its clear normatively fixed content, in everyday life and legal literature this term has received its wide use only in conjunction with the term “consumer”, because it is applied due to the action of the federal law “On protection of consumer rights” and is entirely based on its application and the possibility of abuse of their rights by consumers. In the literature there are different views in the opinion on the appropriateness of the term “consumer extremism”, but almost no one disputes the very fact of its existence in reality and judicial practice as one of the methods of impact on the opposite party with the aims, sometimes diverging from the aims of consumer protection, and pursuing only material enrichment of the injured party. Such concepts as “abuse of their rights” and “bad faith”, in the opinion of the author, can and should be included in the content of the term “consumer extremism”, if it is applied in the practical sphere of life of consumers of public goods. The author provides examples of consumer actions that can be considered as consumer extremism and discusses their impact on jurisprudence and business. The article also presents different points of view on this phenomenon, emphasizes the need for further research and development of legal measures