UPRAVNOPRAVNI ASPEKTI ZAŠTITE PRAVA POTROŠAČA U SRPSKOM PRAVU

Abstract

In the work, the author pays attention to the administrative and legal aspects of consumer rights protection in Serbian law. Namely, the protection of consumer rights can be divided into public law and private law forms. In that division, administrative legal protection of consumer rights is included in public law forms. It is pointed out the already stated position in theory that one of the differences between administrative and judicial protection of consumers is the fact that the administrative authority has greater freedom in interpreting the protection goals, and at the same time, greater responsibility for the implementation of the goals. However, the views on the shortcomings of the administrative legal protection of consumer rights were also pointed out. In the Serbian legal system, the protection of the collective interests of consumers is entrusted to the administrative body in a special administrative procedure. This procedure shows quite a few deviations from the general administrative procedure. The advantage of the administrative procedure compared to the civil procedure should be efficiency and economy. Once established, the trader's behavior as a violation of the collective interest affects all consumers, so in case they repeat such practice, the others can join the already established violation, which is now directly sanctioned with the help of inspection supervision, without the need to be examined in a specific case. Inspectional supervision is reduced to the totality of activities of state administration bodies by which they examine the implementation of laws and other regulations, through direct insight into the operations and actions of natural and legal persons and, depending on the results of the supervision, pronounce the measures for which they are authorized. It is regulated by a special law and is a form of legal supervision, which is carried out with administrative powers by state administration authorities over non-authoritative activities of controlled subjects. The paper indicates that inspection supervision is an institutional form of consumer rights protection.