scholarly journals Digital Platforms in China and Europe: Legal Challenges

2021 ◽  
Vol 8 (3) ◽  
pp. 121-147
Author(s):  
Yu. Kharitonova ◽  
L. Sannikova
Keyword(s):  
Public Services ◽  
Legal Regulation ◽  
Digital Environment ◽  
Digital Platforms ◽  
Legal Proceedings ◽  
Balanced Approach ◽  
Legal Challenges ◽  
Close Cooperation ◽  
Rights And Interests ◽  
Antitrust Regulation

The paper considers the processes of platformatization of the economy and public government, which have become the last decade’s primary trend. Analysis of the digital markets in Russia, China, and Europe proved the dominance of the digital platforms of large technology companies. According to the authors, the concentration of market power in digital platforms threatens a competitive environment in digital markets. In this regard, the demand for antitrust regulation of their activities is justified. Another legal challenge arises concerning the trend of creating public services on the digital platforms of large technology companies. The paper analyzes China’s experience in the platformatization of legal proceedings, where the process of establishing online courts is conducted in close cooperation with the leading digital platforms of the PRC. In contrast to China, in Russia, the main focus is on combining public services, and information systems of various departments within a single platform to provide public services, with large technology companies acting as operators. Therefore, the authors conclude that it is necessary to strengthen legal mechanisms to protect citizens’ rights and interests during the digitization of public services – primarily citizens’ rights to data protection. The problems revealed demonstrate the necessity of a balanced approach to the legal regulation of digital platforms. While it is important to stimulate their development, it is necessary to limit the opportunities for violating the rights and interests of other participants in the digital environment.

Court as a Platform: New Approaches to Building a Judicial System

2021 ◽  
pp. 5-16
Author(s):  
Elena V. Burdina ◽  
Keyword(s):  
Legal Regulation ◽  
Judicial System ◽  
Digital Environment ◽  
Scientific Argumentation ◽  
Digital Platforms ◽  
New Approaches ◽  
Digital Era ◽  
Judicial Systems

Formulation of the Problem. The concept of the court as a platform marks a new direction in the study of the problems of the organization and functioning of judicial systems. The idea of «court as a platform» needs scientific argumentation, which will allow building the theory of legal regulation of digital platforms in the activities of courts. Purpose of the Work: to identify the theoretical and methodological foundations of the platform model of the organization of the judicial system and its main characteristics, as well as to formulate the prospects for the development of judicial platforms in the digital era. Results, Brief Conclusions. The principle «state as a platform» reveals one of the principles of interaction of the digital state with the population and business and serves as a worldview basis for understanding the essence of the platform model of the judicial system. The article argues that the judicial platform is a form of manifestation of the judiciary in the digital environment. The projects of its legal regulation are analyzed. A new stage in the evolution of the judicial system is associated with the introduction of judicial platforms, since the basic judicial institutions are being transformed. An overview of the prospects for the development of the platform model of the organization of the judicial system is given.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

Developing a Strategy for the Digital Transformation of an Enterprise with Allowance for the Capabilities of Business Ecosystems

2020 ◽  
Vol 26 (6) ◽  
pp. 629-642
Author(s):  
T. A. Gileva ◽  
A. V. Babkin ◽  
G. A. Gilev
Keyword(s):  
High Efficiency ◽  
Direct Interaction ◽  
Digital Transformation ◽  
Business Trend ◽  
Digital Environment ◽  
Digital Platforms ◽  
Business Ecosystems ◽  
Key Aspects ◽  
Enterprise's Competitiveness ◽  
Transformation Strategy

The presented study analyzes the processes of creating ecosystems in the context of external challenges and increasing the level of competitive market environment and global digitalization of business to develop a strategy for the digital transformation of an enterprise.Aim. The study aims to assess the practicability of creating ecosystems when developing a strategy for the digital transformation of traditional (“defensive”) enterprises and to provide recommendations for their utilization.Tasks. The authors analyze the characteristics, features, and typology of business ecosystems; substantiate the need to analyze and use the capabilities of business ecosystems in the development of a strategy for corporate development in the digital environment; describe the essence, key aspects of development, and propose a modular structure for the strategy of the digital transformation of an enterprise; develop a conceptual framework for the strategic management of the digital transformation of an enterprise; formulate recommendations for selecting ecosystems that would enhance the enterprise’s competitiveness.Methods. This study uses general scientific methods of cognition in various aspects to propose approaches and a conceptual model of the corporate digital transformation strategy with allowance for the capabilities of business ecosystems.Results. The authors show that in the context of the developing digital economy, business ecosystems have become a new way to organize economic activity due to their high efficiency and rapid scaling. There are two major types of ecosystems: centralized (transaction) ecosystems in the form of digital platforms and adaptive (solution) ecosystems formed by the orchestrating company to create a new value proposition by joint efforts of partners from various industries through direct interaction with each other. The study identifies stages in the development of a digital transformation strategy based on enhancing the enterprise’s competitiveness through its participation in the ecosystem(s) and formulate recommendations for selecting ecosystems that would improve the efficiency of the enterprise.Conclusions. Ecosystem development is a business trend that determines the competitiveness of enterprises and improves the efficiency of their operation in the digital environment. Therefore, under modern conditions, an enterprise should develop its digital transformation strategy based on the creation and/or use of business ecosystems.

Problems of Legal Regulation in the Digital Space Relations

2020 ◽  
Vol 2 (2) ◽  
pp. 126-147
Author(s):  
A. N. Vashchekin ◽  
◽  
A. V. Dzedzinsky ◽  
Keyword(s):  
Theoretical Basis ◽  
Legal Regulation ◽  
Digital Environment ◽  
International Treaties ◽  
Digital Rights ◽  
Digital Space ◽  
Legal Method ◽  
Balance Of Interests ◽  
Basic Concepts ◽  
The Right

Introduction. The era of digitalization sets for researchers the task of systematizing the essential features of digital space, identifying the essence of the “right to the Internet” and the legitimacy of limiting the digital rights of citizens. Theoretical Basis. Methods. The authors studied the peculiarities of the digital environment as a specific integral area of legal regulation, the doctrine and legislation of several countries on the topic which determines the basis for the regulation of digital space in Russia. The formal legal method, synthesis, analysis, induction and deduction were used as research methods. Results. The wording of the basic concepts in the area under study is proposed: digital space, digital region, digital platform, etc. The measures to eliminate “digital wells” are indicated. The main properties of the information space and its derivatives are considered. The effects of any contradictions in the legislation of the country are shown. Discussion and Conclusion. As the study showed, the latest innovations in the legislation contravene the principle of the balance of interests, fail to meet the requirements of observing the rights of a person and citizen, and contradict the Constitution and international treaties of Russia. When comparing these measures with their foreign counterparts, a search was made for their potential shortcomings and proposals were presented on possible directions for their correction, taking into account the particular characteristics of digital space.

SERVICES SECTOR DEVELOPMENT IN THE DIGITAL ECONOMY CONDITIONS

2021 ◽  
Vol 1 (7) ◽  
pp. 47-50
Author(s):  
E. V. BARDASOVA ◽  
◽  
L. G. KIRILLOVA ◽  
Keyword(s):  
Information And Communication Technologies ◽  
Communication Technologies ◽  
Digital Economy ◽  
Digital Environment ◽  
End User ◽  
Digital Platforms ◽  
Services Sector ◽  
Information And Communication

The article is devoted to the consideration of the features of the digital economy, which provide huge opportunities for the development of business and services. Information and communication technologies allow you to bring the manufacturer to the end user, reduce costs, and develop new services on digital platforms. The conclusion is made: to get development opportunities from the digital environment, it is necessary to master the relevant competencies.

scholarly journals About Formation of International Ethical Digital Environment with Smart Artificial Intelligence

2021 ◽  
Vol 11 (1) ◽  
pp. 1-9
Author(s):  
Evgeny Bryndin
Keyword(s):  
Artificial Intelligence ◽  
Intelligent Agents ◽  
Legal Regulation ◽  
Ethical Standard ◽  
High Tech ◽  
Digital Environment ◽  
Widespread Application ◽  
Social Sphere ◽  
The Social ◽  
Cognitive Robots

Intellectual agent ensembles allow you to create digital environment by professional images with language, behavioral and active communications, when images and communications are implemented by agents with smart artificial intelligence. Through language, behavioral and active communications, intellectual agents implement collective activities. The ethical standard through intelligent agents allows you to regulate the safe use of ensembles made of robots and digital doubles with creative communication artificial intelligence in the social sphere, industry and other professional fields. The use of intelligent agents with smart artificial intelligence requires responsibility from the developer and owner for harming others. If harm to others occurred due to the mistakes of the developer, then he bears responsibility and costs. If the damage to others occurred due to the fault of the owner due to non-compliance with the terms of use, then he bears responsibility and costs. Ethical standard and legal regulation help intellectual agents with intelligent artificial intelligence become professional members of society. Ensembles of intelligent agents ith smart artificial intelligence will be able to safely work with society as professional images with skills, knowledge and competencies, implemented in the form of retrained digital twins and cognitive robots that interact through language, behavioral and active ethical communications. Cognitive robots and digital doubles through self-developing ensembles of intelligent agents with synergistic interaction and intelligent artificial intelligence can master various high-tech professions and competencies. Their use in the industry increases labor productivity and economic efficiency of production. Their application in the social sphere improves the quality of life of a person and society. Their widespread application requires compliance with an ethical standard so that their use does not cause harm. The introduction and use of an ethical standard for the use of cognitive robots and digital doubles with smart artificial intelligence increases the safety of their use. Ethical relationships between individuals and intellectual agents will also be governed by an ethical standard.

scholarly journals STATE MANAGEMENT IN THE AREA OF ENSURING THE SECURITY OF THE COURT AND PARTICIPANTS IN LEGAL PROCEDURES

2020 ◽  
Vol 10 (1) ◽  
pp. 73-89
Author(s):  
Vadym Kolomiiets ◽  
Tetiana Lukianenko ◽  
Daria Lazareva ◽  
Nana Bakaianova ◽  
Oksana Kadenko
Keyword(s):  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
State System ◽  
Situational Analysis ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
State Management ◽  
The Usa ◽  
Judicial Protection

The authors investigated the features of the legal regulation of the functioning and organizational aspects of the activities of the authorities, the competence of which includes ensuring the security of the court, judges, and other participants of legal proceedings.Particular attention is paid to the intergovernmental body of the Council of Europe - The European Committee on Legal Co-operation (CDCJ), one of the activities of which is to ensure the proper functioning of the judiciary. The features of the general project between the CDCJ and Ukraine “Support for judicial reform in Ukraine (voluntary contribution)” are identified. The features of the activities of sheriffs in Canada and the USA, the regulatory documents of these countries, which determine the status and competence of the sheriffs in the field of judicial protection, are highlighted. The chronology of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings, from 1997 to the present, is investigated. In the course of the study, the authors have been determined the individual stages of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings; the competence of state bodies to ensure judicial protection and the legal basis for their activities, depending on the period of operation. The content of the norms of some regulatory legal acts of Ukrainian legislation, which regulates the activities of the bodies responsible for ensuring the security of the court, judges, and other participants of legal proceedings, is disclosed. The scheme of “gap” while elemental situational analysis of safety of participants in legal proceedings is examined. A matrix for ranking the factors of complex security of participants of judicial system and recommendations on development of public management in the area of legal and judicial security.

scholarly journals Digitalization of the provision of GIBDD public services

2021 ◽  
pp. 191-196
Author(s):  
M. S. Prokopov
Keyword(s):  
Large Scale ◽  
Public Services ◽  
Human Factor ◽  
Legal Regulation ◽  
Scale Transformation ◽  
Police Services ◽  
Electronic Form ◽  
Stage Of Development ◽  
Administrative Procedures ◽  
Near Future

The article is devoted to the study of the problems and the role of digitalization in increasing the efficiency of the functions of the executive branch, the possibility of digitalizing the provision of traffic police services. The author considers the domestic and foreign experience in the implementation of powers for the provision of public services, and also investigates the sources of the regulatory framework for the provision of public services in electronic form. Particular attention is paid to the large-scale transformation of the provision of public services into electronic form. The article indicates the total number of the provision of electronic services by the Ministry of Internal Affairs, its divisions, the prospect of the development of the provision of electronic services in the near future is noted: the transition from the provision of separate administrative procedures to the provision of a complete (complex) public service, specific regulatory provisions (steps)are indicated. It is concluded that the transition to an exclusively electronic provision of all services at this stage of development of legal regulation is impossible, as well as the inability of artificial intelligence to completely replace and eliminate the human factor in the provision of all public services in electronic form.

scholarly journals Protection against imposing unfavorable contract terms by the dominant party in the russian legislation: issues of ensuring the balance of convenience

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik
Keyword(s):  
Legal Regulation ◽  
Philosophical Perspective ◽  
Public And Private ◽  
Scientific Methods ◽  
Dominant Party ◽  
Legal Method ◽  
General Logic ◽  
Legal Nature ◽  
Definition Of ◽  
Antitrust Regulation

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.

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