scholarly journals Anti-competitive practices of digital platforms and response measures in the Russian and foreign legislation

Author(s):  
Oxana Viktorovna Zhevnyak

The goal of this research is to determine whether the Russian legislation on protection of competition contains the norms that allow preventing anti-competitive practices of digital platforms, and whether it is necessary to make corresponding amendments. The subject of this research is the anti-competitive practice of digital platforms, response measures of the state, antimonopoly legislation,  and recommendations on its improvement. The research methodology is based on the analysis of relevant examples of anti-competitive behavior of digital platforms on the Russian and foreign markets, and qualification of such behavior from the perspective of Russian legislation. In the course of this research, the author solves the issue on the sufficiency of legal material for conducting qualification of such behavior; describes the response measures taken by the competent government authorities of various countries, as well as the measures proposed by the researchers. As a result, the author systematizes the data regarding the antimonopoly practice of digital platforms depending on the type of violations. All examples of antimonopoly practices can be qualified as anti-competitive in accordance with the effective legislation of the Russian Federation. If they are not listed as particular violations, then fall under the general categories of acts prohibited by law, considering the non-exhaustive nature of such lists. Misuse of “the platform authority” by the digital platform, reflected in the fact that it utilizes the transaction and customer data, should be qualified as unfair competition. For preventing the anti-competitive practices of digital platforms, it is proposed to develop the system of measures aimed at minimization of risks of the clash of interests and elimination of its consequences: ban of the owner of the digital platform for joint activity of his activity with the activity conducted the clients of the platform; restrict participation of the owner of the platform in companies that conduct types of activity that compete with the clients; disclosure of information on their affiliates engaged in the activity similar to such of the clients of the platform; introduction of the criteria for such affiliation, along with the obligation to compensate for the losses of clients inflicted by the clash of interest.

Author(s):  
L.V. Khlebenskikh

According to the text of the Instruction of the Government of the Russian Federation of 28.07.2017 №1632-r, the term “digital economy” means “the program aimed at creation of eco-system in which the data in the digital form are the key production factor in all spheres of social and economic activity …» [1]. Digital platforms are the key tool of digital economy transformation. Now there is no uniform definition or approach to the concept of “digital platform”. We will consider only some of them.


E-Management ◽  
2020 ◽  
Vol 3 (3) ◽  
pp. 34-44
Author(s):  
A. I. Denisova ◽  
O. M. Pisareva ◽  
S. A. Suyazova

Implementation of the task of creating a digital platform for a full-featured system of information and analytical support for public administration at the federal, regional and municipal levels, requires a lot of resources and serious expertise.In this regard, the subject of the study was the experience and trends in the construction and operation of digital platforms for state and public administration. The aim of the paper was to summarize the international practice of creating, operating and developing digital public administration platforms. As part of the study, the authors carry out a systematic, content and comparative analysis of various sources: regulatory documents, scientific papers, analytical materials of a number of international organizations, etc.The article presents the results of a study of world experience in the application of various tools to support e-government and support digital governance platforms. The authors describe global trends in the use of information and communication technologies to support public administration. The paper presents a list of general principles for the operation of digital platforms, gives the results of the analysis on the compliance with these principles of the state digital platform of the European Union, highlights its distinctive properties.The article forms proposals and development directions, based on the results and available studies on the development and promotion of digital management platforms, that can help accelerate the spread of digital transformation of public administration in the Russian Federation. The results of the study can be applied to identify the potential of the existing platform, its strengths and weaknesses, including in the context of the possibilities of developing the process of digital transformation of governance, as well as effectively moving towards the formation of the digital platform of public administration in the Russian Federation.


2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.


2020 ◽  
Vol 1 (6) ◽  
pp. 4-7
Author(s):  
B. Kh. ALIYEV ◽  

The article examines the current state of the fiscal policy of the constituent entity of the Russian Federation, which is a combination of diverse economic management measures based on the distribution and redistribution of financial flows. The analysis of fiscal policy on the example of the subject of the Russian Federation (Republic of Dagestan). The article outlines the problematic issues of the tax policy of the Republic of Dagestan and suggests ways to overcome the identified problems.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


2020 ◽  
Vol 93 (4) ◽  
pp. 133-145
Author(s):  
T. M. Barbysheva ◽  

Public-private partnership (PPP) in the conditions of the set strategic tasks by the President of the Russian Federation until 2030 can become one of the sources of attracting financial resources for implementation of the large-scale projects. In this regard, it is relevant to systematize the forms of PPPs and the scope of their application. Based on a study of different views on the essence of PPP, as well as taking into account the development of public administration in Russia, the author proposed the use of public-public-private partnership as a form of development of cooperation between the state, private business and society. The polyformism of PPPs is reflected in the presented classification. Based on the analysis of PPP development in the regional context, hypothesis on the correlation between the level of PPP and the socio-economic development of the subject of the Russian Federation was confirmed.


Author(s):  
D. Naranova

To consider the main directions and extent of influence of ethical groups on political processes in the Republic of Kalmykia.The authors analyzed scientific research on the ethnic identity of the Kalmyk people, as well as media materials and statistical data on the cause and effect of the influence of ethnic groups on regional policy. Seven key areas of influence of the Kalmyks, as a titular nation, on political processes in the region, including through the formation of an ethnic majority among senior positions in the authorities of the subject of the Russian Federation, were identified. The theoretical significance of the study is due to the complex systematization of facts about the influence of the ethnodominating nation of the Republic of Kalmykia on political processes in the region. The practical significance is expressed in the proposal of specific recommendations for partial stabilization of the situation in the Republic.


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