“DISCLAIMER” IN MODERN LAW ENFORCEMENT

Abstract

The article analyzes the peculiarities of application and legal regulation of such a legal phenomenon as “disclaimer”. The essence of this phenomenon is that the author (owner) informs the consumer that he/she is not liable to him/her for any undesirable consequences which may occur in case of purchase or use of the respective product (goods). The author examines the history of origin, forms and types of disclaimers, areas of application, and also identifies their characteristic features. The author emphasizes the specifics of discriminatory practices in the public sphere and in the course of advocacy. Examples of the court doctrine on the validity of the use of disclaimer in private legal relations are highlighted. It is determined that the effectiveness of disclaimers depends on their clarity and exhaustiveness, and although they may provide a certain level of legal protection, they may not be sufficient to protect a party from any liability, especially in cases of gross negligence or intentional violation. Today, disclaimers are integrated into various legal relations in the form of applications, websites and web services, and have many features to prevent the user from violating the disclaimer, etc. It is noted that Ukrainian legislation does not prohibit the use of disclaimers in various legal relations, and at the same time, it does not provide for any forms of their protection. The author concludes that given the positive international experience of law enforcement of disclaimers, there is every reason for a more thorough study of the effect of this legal phenomenon in the national field with modeling of further use.