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Legal Relations in the Field of Consumer Protection in the Digital Economy

Student: Kiseleva Lidia

Supervisor: Ekaterina Kirsanova

Faculty: Faculty of Law

Educational Programme: Digital Law (Master)

Year of Graduation: 2024

The purpose of the study is to highlight and develop theoretical and practical issues relating to the features of legal regulation of legal relations in the field of consumer rights protection in the digital economy. In accordance with the stated goal, the study intends to solve the following problems: determine the legal regime of gift cards and certificates; consideration of the procedure for applying consumer protection legislation when using bonus points; in terms of use of digital goods and services; in the field of video games. A short range of issues under consideration is: the legal nature of gift cards and the possibility of their qualification as a product; the possibility of using the design in the form of an option to conclude a contract or an advance payment; the legality of non-return of gift card value to consumers and the inclusion of such conditions in the rules of circulation; legal nature of bonus points; features of the consideration of legal disputes with the requirement to accrue bonus points; legal status of digital content; the possibility of applying consumer protection legislation to digital content; the possibility of applying legislation on the protection of consumer rights in the use of video games; qualification of the license agreement with the player as a mixed agreement; player's powers; application of para1 of Art. 1062 of the Civil Code of the Russian Federation to legal disputes arising from the use of video games. When writing the final qualifying work, methods of analysis, synthesis, dialectical and metaphysical methods, as well as comparative legal, formal legal, formal logical methods were used. The empirical basis of the study consists of acts of the Supreme Court of the Russian Federation, decisions of arbitration courts, courts of general jurisdiction and magistrates' courts of the Russian Federation. The study identified features of the possibility of applying legislation on the protection of consumer rights, trends in judicial practice regarding the regulation of the considered segments of the digital economy, and business approaches to their adaptation. It has been found that the interests of consumers are taken into account and are largely prioritized in relation to the use of gift cards and rewards points. In the area of using digital content, consumers are in a less favorable position, but the limitation of their powers is consistent with the established approach to regulating the provision of paid services

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