| Abstract [eng] |
SUMMARY In the presence of market economy with the extensive offer of goods and services, the user is striving for most appropriate selection comparing them by price, quality and other aspects, to satisfy his (her) needs. However even in the effective market economy the unfair and misleading trade practice, unsafe goods of low quality, inadequate information about goods and services are existing ever since. This creates a disbalance of powers, so-called negotiation powers in law doctrine, between a user and a businessman. The user’s right of access to information is legal instrument preventing a businessman from possibility of misuse, helping to form actual will of a user according to his (her) expectations and intentions and in some cases providing opportunity to withdraw from the agreement. This user’s right is imperatively secured under the laws on the protection of user rights by committing the second part of the agreement – businessman – to reveal information that may be relevant for the user to accept the appropriate decision. When signing the specific usage agreements, the content of information to be revealed by a businessman is imperatively extended by the provisions of legal acts on the protection of user rights. The responsibility of businessman to reveal information may be implemented in several ways. Some of them are imperatively regulated by the standards of legal acts (providing information by stamping goods), other ones have an opportunity of dispositive use (advertisement, sales promotion). The implementation of user’s right of access to information guarantees protection of user rights. The legislator foresees the measures of private law to be applied by a user when there is violation of his (her) right of access to information. It should be noted that the access to information provides an opportunity for a user to protect his (her) right of access to information that has been violated, without applying to the competent authorities. The importance of user’s right of access to information is determined through the purposes to be achieved by providing information to the user. There are purposes protecting the individual interests of a user and those securing the market. At the economic level, educated and informed user ensures fair and proper use by stipulating fair and proper competition in the market. At this point user’s right of access to information is the preventive market mechanism ensuring market stability and protecting user from risk. |
