On the issue of warranty obligations in decentralized supply chains implemented under "parallel import" schemes

The author analyzes in detail the functioning of the method of protection by filing a claim against the manufacturer of goods in contemporary conditions, considering the peculiarities of the action of the Resolution of the Government of the Russian Federation dated March 29, 2022, No. 506 "On Goods (Groups of Goods) to Which Certain Provisions of the Civil Code of the Russian Federation on the Protection of Exclusive Rights to Results of Intellectual Activity Expressed in Such Goods and the Means of Individualization with Which Such Goods Are Marked Cannot Be Applied." The relevance of the problem is associated with the fact that recently consumers have increasingly been entering into sales contracts for goods that have been imported into the Russian Federation without the consent of the rights holder, who is the manufacturer of such goods according to consumer protection legislation. However, despite the fact that the non-application of certain provisions of the Civil Code of the Russian Federation regarding the protection of exclusive rights to results of intellectual activity expressed in such goods, and the means of individualization marking such goods, has been in place since 2022, no separate study has been conducted on the impact of this mechanism on the consumer's ability to file a claim for consumer rights protection against the manufacturer. This research conducts a formal-dogmatic analysis of the current legal norms regulating such a method of exercising the right to judicial protection as filing a claim against the manufacturer whose goods have been imported into the territory of the Russian Federation through the parallel import scheme. The main conclusions obtained within the framework of this research substantiate the thesis that the existing legislation lacks norms that hinder the implementation of the consumer's right to file a claim against the manufacturer of the goods, regardless of whether the Resolution of the Government of the Russian Federation dated March 29, 2022, No. 506 is applicable to such goods. An additional conclusion considers the reasoning that such a method of protection can be applied regardless of whether such a manufacturer was indicated in the contract, as the ability to file such a claim is justified by the existence of an imperative norm. The article also proposes a method for assessing the coordination of contractual conditions from its imitation for the purpose of abuse of rights by the stronger party.