Рус Eng Cn Translate this page:
Nota Bene. Books, journals, publishing technologies.
Please select your language to translate the article


You can just close the window to don't translate ☒
Library
 Your profile
Creative Commons License This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Back to contents

Law and Politics
Reference:

The Russian E-commerce Market During COVID-19: Legal Regulation and Trends

Vronskaya Mariya Vladimirovna

PhD in Law

Associate Professor at the Department of Private Law of Vladivostok State University of Economics and Service 

690014, Russia, Vladivostok, Primorsky Krai, 42 Balyaeva str., sq. 119

m.vronskaya@mail.ru
Other publications by this author
 
 
Isaev Maksim Andreevich

Lawyer, LLC "Legal Clinic"

690014, Russia, Primorsky region, Vladivostok, Gogol str., 41

mxisaev80@gmail.com
Other publications by this author
 
 

DOI:

10.7256/2454-0706.2022.10.39022

EDN:

EPRXAL

Received:

08-10-2022

Published:

15-10-2022

Abstract: The subject of this paper’s research is the peculiarities of legal regulation and development of the e-commerce market during the COVID-19 pandemic. The author examines in detail the concept of "e-commerce," which is understood as an economic sphere that combines trade and financial transactions that are carried out through contactless interaction of the parties involved. The article also analyzes the system of legal regulation of the e-commerce market and identifies trends for further improvement. Particular attention is paid to the impact of the pandemic on civil law turnover, resulting in the e-commerce market becoming the dominant commodity exchange in the Russian Federation. The study provides statistics on commodity exchange on online platforms for 2021–2022, which has grown significantly compared to previous years. The author’s main conclusions are that the COVID-19 pandemic accelerated the processes of digitalization in all spheres of public life, as a result of which trade and financial transactions, for the most part, began to be carried out via the Internet and laid the foundation of the digital economy; to date, electronic commerce has become predominant, but is not devoid of shortcomings of legal regulation; trends of strengthening digital transformation are aimed at delineating the legal status and responsibility of participants in trade ("marketplace," "online store," etc.), expanding the list of types of digital assets and determining their legal regime (account, etc.).


Keywords:

civil law turnover, COVID-19, e-commerce, digital transformation, civil relations, digital rights, aggregator owner, marketplace, digital economy, digital assets
This article written in Russian. You can find original text of the article here .
References
1. On the national goals and strategic objectives of the development of the Russian Federation for the period up to 2024: Decree of the President of the Russian Federation of 07.05.2018 No. 204. (2018). Rossiyskaya Gazeta, 97, p. 27.
2. On amendments to parts one, two and article 1124 of part three of the Civil Code of the Russian Federation: Federal Law No. 34-FZ of March 18, 2019. (2019). Consultant Plus ATP. http://www.consultant.ru/document/cons_doc_LAW_320398/3d0cac60971a511280cbba229d9b6329c07731f7/ (date of access: 09/29/2022)
3. The Civil Code of the Russian Federation (Part One): Federal Law No. 51-FZ of November 30, 1994 (as amended on December 21, 2021) (as amended and supplemented, entered into force on December 29, 2021). (2021). SPS Consultant A Plus. http://www.consultant.ru/document/cons_doc_LAW_9027/ (date of access: 29.09.2022)
4. Rakitsky, V. V. (2020). Legal regulation of electronic commerce in Russia. Modern Science, 10(1), pp. 182–185.
5. Who leaves Russia: a list of companies [Electronic resource]. (2022). Pravo.RU. https://pravo.ru/news/239550/ (date of access: 29.09.2022).
6. Tverdokhlebova, M. D. & Nikishkin, V. V. (2019). The role of marketplaces in the market of retail trade services. Practical Marketing, 6(268), pp. 3–8.
7. Group "M. Video-Eldorado" in the fourth quarter of 2020 increased GMV by 19%, and online sales doubled. (2021). M. Video-Eldorado. https://www.mvideoeldorado.ru/ru/press-centr/press-relizy/detail/2153 (date of access: 09/29/2022).
8. Sizyakin, V. S. (2020). Electronic commerce: general characteristics and civil law regulation. International Journal of the Humanities and Natural Sciences, 6–3 (45), pp. 166–170.
9. Revenues from legal online movie theaters have skyrocketed. (2021). Vedomosti. https://www.vedomosti.ru/technology/articles/2021/03/08/860630-dohodi-legalnih-onlain-kinoteatrov (date of access: 09/29/2022).
10. On the retail trade in medicines for medical education: Decree of the President of the Russian Federation of March 17, 2020 No. 187. (2020). SPS "Consultant Plus." https://base.garant.ru/73755186/ (date of access: 09/29/2022).
11. Over the year, the demand of Russians for medicines on the Internet has doubled. – Text: electronic. (2021). RGRU. https://rg.ru/2021/10/26/za-god-spros-rossiian-na-lekarstva-v-internete-vyros-vdvoe.html (date of access: 09/29/2022).
12. Vronskaya, M. V. (2021). Transformation of the transaction form in the context of the implementation of digital technologies: current problems and development prospects. Territory of Opportunities: Bulletin of the Vladivostok State University of Economics and Service, 13(4), pp. 138–147.
13. Decree of the Government of the Russian Federation of December 31, 2020, No. 2463 “On approval of the Rules for the sale of goods under a retail sale and purchase agreement, a list of durable goods that are not subject to the consumer’s requirement to provide him with free goods with the same basic consumer properties for a period repair or replacement of such goods, and a list of non-food products of good quality that are not subject to exchange, as well as on amendments to some acts of the Government of the Russian Federation [Electronic resource]. (2020). ATP “Consultant Plus.” http://www.consultant.ru/document/cons_doc_LAW_373622/ (date of access: 09/29/2022).
14. Law of the Russian Federation of February 7, 1992, N 2300-1 (as amended on June 11, 2021) “On the Protection of Consumer Rights” [Electronic resource]. (1992). Consultant Plus ATP. http://www.consultant.ru/document/cons_doc_LAW_305/ (date of access: 29.09.2022).
15. Federal Law No. 211-FZ of July 20, 2020 (as amended on July 2, 2021) “On Financial Transactions Using a Financial Platform” [Electronic resource]. (2021). Consultant Plus SPS. http://www.consultant.ru/document/cons_doc_LAW_357765/ (date of access: 29.09.2022).
16. Marketplaces record an increase in the number of Russian sellers from the SME sector in 2021 [Electronic resource]. (2021). TASS. https://tass.ru/msp/13191459 (date of access: 09/29/2022).
17. Public services website. https://www.gosuslugi.ru (date of access: 09/29/2022).
18. Cheglov, V. P. (2020). COVID-19 has accelerated the transformation of domestic trade. Modern trends in the development of markets for goods and services, (7), pp. 1–2.
19. Putin set the government the task of moving away from anti-crisis measures. (2021). RBC. https://www.rbc.ru/economics/24/12/2021/61c5b5a09a79476451deb0f8 (date of access: 09/29/2022).
20. On approval of the Rules for the sale of goods under a retail sale and purchase agreement, a list of durable goods that are not subject to the consumer's requirement to provide him with a product with the same basic consumer properties free of charge for the period of repair or replacement of such goods, and a list of non-food products of proper quality, not subject to exchange, as well as on amendments to some acts of the Government of the Russian Federation: Decree of the Government of the Russian Federation of December 31, 2020 No. 2463. (2020). Consultant Plus ATP. http://www.consultant.ru/document/cons_doc_LAW_373622/ (date of access: 12.02.2022).
21. On making financial transactions using the financial platform: Federal Law No. 211-FZ of July 20, 2020 (as amended on July 2, 2021). (2020). Consultant Plus SPS. http://www.consultant.ru/document/cons_doc_LAW_357765/ (date of access: 09/29/2022).
22. On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation: Federal Law No. 259-FZ of July 37, 2020. (2020). Consultant Plus SPS. http://www.consultant.ru/document/cons_doc_LAW_358753/ (date of access: 09/29/2022).
23. On the protection of consumer rights: Law of the Russian Federation of February 7, 1992 No. 2300-1 (as amended on June 11, 2021). (1992). Consultant Plus ATP. http://www.consultant.ru/document/cons_doc_LAW_305/ (date of access: 20.02.2022).
24. E-commerce showed tremendous growth [Electronic resource]. (2022). COMNEWS. https://www.comnews.ru/content/218162/2022-01-10/2022-w02/e-commerce-pokazala-kolossalnyy-rost (date of access: 09/29/2022).

Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "The Russian e-commerce market in the period of COVID-19: legal regulation and trends". The subject of the study. The article proposed for review is devoted to the legal regulation and trends of the Russian market "... e-commerce in the period of COVID-19...". The author has chosen a special subject of research: the proposed issues are investigated from the point of view of civil law, while the author notes that "The COVID-19 pandemic ... gave a start to accelerate the digitalization of civil law turnover, ... consumer demand did not fall, but switched to an electronic digital consumption format through various platforms on the Internet". The legislation of Russia relevant to the purpose of the study is being studied. A certain amount of scientific literature is also studied and summarized (5 papers) There is an analysis and discussion with the opposing authors on the stated issues. At the same time, the author notes that "... despite the legislative consolidation of digital rights before the pandemic, the possibility of their implementation and fulfillment of obligations on the Internet for the most part was only an optional option, providing flexibility in legal relations, and the main civil law turnover still took place in the real world." Research methodology. The purpose of the study is determined by the title and content of the work: "By far the most popular way of commodity exchange is the e-commerce market or e-commerce in another way. E-commerce is an economic sphere that combines both trade and financial transactions that take place in a contactless way, that is, without the personal presence of the parties." It can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. The author uses a set of general scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize some approaches to the proposed topic and partially influenced the author's conclusions. The most important role was played by special legal methods. In particular, the author used a formal legal method, which allowed for the analysis and interpretation of the norms of current Russian legislation. The following conclusion is made: "In the current situation, even with restrictions related to international commodity exchange, the popularity and economic benefits of e-commerce within the Russian Federation remain unchanged, although it requires certain legislative changes that would improve the legal regulation of the e-commerce market itself," etc. Thus, the methodology chosen by the author is fully adequate to the purpose of the article, allows you to study all aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is one of the most important in the world and Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes that "During the spread of coronavirus infection, electronic commerce became the dominant way through which the consumer could satisfy their needs, and the entrepreneur could make a profit." And in fact, an analysis of the work of opponents and NPAs should follow here, and it follows mainly in relation to NPAs, and the author shows the ability to master the material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. It is expressed in the specific scientific conclusions of the author. Among them, for example, is this: "... if the aggregator provides incorrect information about the product, then it is the owner of the aggregator who will bear civil liability, expressed in the form of compensation for damage. In this regard, it is not entirely correct to determine the owner of the aggregator only as an intermediary ensuring the interaction of the buyer (consumer) and the seller (manufacturer) in the digital environment, since he also carries out activities for the conclusion and execution of contracts on the Internet. It follows from this that the provisions governing the activities of the aggregator lack specificity." As can be seen, these and other "theoretical" conclusions can be used in further scientific research. Thus, the materials of the article as presented may be of interest to the scientific community. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Law and Politics", as it is devoted to legal regulation and trends of the Russian market "... e-commerce in the period of COVID-19...". The article contains an analysis of the opponents' scientific works, so the author notes that a question close to this topic has already been raised and the author uses their materials, discusses with opponents. The content of the article corresponds to the title, since the author considered the stated problems and achieved the goal of his research. The quality of the presentation of the study and its results should be recognized as improved. The subject, tasks, methodology, results of legal research, and scientific novelty directly follow from the text of the article. The design of the work meets the requirements for this kind of work. No significant violations of these requirements were found, except for a fairly large number of grammatical descriptions: "The need to accept the specified", "It was with the onset of the pandemic and the introduction of restrictive measures," etc.; and errors: "JSC Russian Post announced that from 03/31/2022 it will begin conducting an experiment on the delivery of Russian wine ..." not corresponds to reality (since April 2023), the Decree of the President of the Russian Federation dated 03/17/2020 No. 187 has a different name, etc. Bibliography. The quality of the presented and used literature and scientific literature should be highly appreciated. The presence of modern scientific literature and scientific literature shows the validity of the author's conclusions. The works of these authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of many aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. The author describes the opponents' different points of view on the problem, argues for a more correct position in his opinion, based on the work of opponents, and offers solutions to individual problems. Conclusions, the interest of the readership. The conclusions are logical and specific. The article in this form may be of interest to the readership in terms of the systematic positions of the author in relation to the issues stated in the article, which should be typical for legal research. Based on the above, summing up all the positive and negative sides of the article, I recommend "publishing", but taking into account the correction of numerous descriptions and errors.
Nota Bene
 
For authors
 
Other
 
Our sites
© 1998 – 2025 Nota Bene. Publishing Technologies. NB-Media Ltd.