Регулирование торговли в эпоху маркетплейсов: эффекты поправок 2016 года Закона о торговле для поставщиков

This article focuses on the legal backgrounds and aspects of the reform of Russian federation initiated by President PutinOf course, the reform of Russian Federation is an important event in Russian politics. But without understanding the legal background and aspects, we can not comprehend the feature of Russian Federation reform fully, because the federation reform by President Putin is a reaction to the fact that some of federation subjects have formed its own legal system since the early stage of the transition in Russia, and others began to legislate its own laws and decrees after the adoption of new Russian Constitution. As a result, Russia came to have two legal system, federal law and regional law, and the legal aspects became more important in the relation between the federal center and federation subjects. Putting it in another way, it is not enough to restore to political negotiations in order to resolve the problems and conflicts between the federal center and federation subjects.Since the beginning of the transition process in Russia, the federation reform has been a main and difficult issue. 1993 Russian Constitution provides that Russian Federation is a democratic federal rule-of-law state and federation subjects each are equal subjects of Russian Federation. It divides jurisdictions between Russian Federation and federation subjects - the jurisdiction of Russian Federation, the joint jurisdiction, the jurisdiction of federation subject. At the same time, 1993 Russian Constitution allow concluding treaties on the delimitation of scopes of authority and powers between the federal center and its subjects (power-sharing treaties) . In 1993 Russian Constitution the relation between the division of jurisdiction provided by Russian Constitution and the delimitation of scopes of authority and powers decided by the treaties is not sufficiently clear.1993 Russian Constitution has two contradicting elements. On one hand, it allows Russian Federation to be stronger in the sphere of the legislative power and judiciary power. The Article 76 of the Constitution provides that on issues within the jurisdiction of Russian Federation federal constitutional laws and federal laws shall be adopted and on matters within the joint jurisdiction federal laws shall be issued, in accordance with which federation subjects shall adopt their laws and decrees. According to the Article 71 of the Constitution“law courts; Prosecutor's Office; criminal, criminal-procedural and criminal-executive legislation; amnesty and pardon; civil, civil-procedural and arbitration-procedural legislation; legal regulation of intellectual property”belongs to the federal jurisdiction. Because of this the federation subjects have few powers in the sphere of the judiciary power. Russian judiciary system has common features of that of unitary states. On the other hand, 1993 Russian Constitution contains unique articles, the origin of which can trace back to the principles of the federation embodied in the form of USSR. Article 11 is a typical example of this.President Eltsin concluded 49 power-sharing treaties with individual federal subject from 1994 to 1998. While some of power-sharing treaties contributed toward maintaining the Russian Federation, the conclusion of the power-sharing treaties served as a method for Elttin to get the supports from the federation subjects. Power-sharing treaties individualized the relations between federal center and federation subjects. On the contrary, Putin's challenge is to establish the legal order between federal center and federation subjects. While under the federal structure stipulated in Russian Constitution the federal center has strong powers, the federal center did not have enough ability to force the federation subjects to comply with Russian Constitution and federal laws. President Putin became aware of this weak point in the Russian Federation.

SUMMARYThis article develops and tests hypotheses on relational exchange and electronic communication media in supply chains involving small versus large suppliers. Through a combination of focus groups, e‐mail surveys and case studies, the article addresses the differences in relational exchange due to supplier size. Findings indicate significantly greater use of relational exchange and electronic communication media with large suppliers compared to small suppliers. The article offers solutions to reducing the relational and technological gaps between large and small suppliers.

Introduction: the paper deals with a new contractual structure – the investment protection and promotion agreement, which is one of the investment instruments aimed at stimulating interaction between a public legal entity and a private legal entity. According to the author, Investment Protection and Promotion Agreements are part of a group of investment agreements mediating the mechanisms of a public-private partnership. The purpose of the paper is to study the problems related to the concept, legal nature, and content of the investment protection and promotion agreement. The author also examines the place of the agreement under study in the system of investment contracts and the relationship with related concepts and categories, including the issue of applying the provisions of civil legislation to it. Methods: both the general scientific and specific scientific methods of scientific cognition are used, among which one can distinguish systematic, dialectical, structural and functional, etc. The methods of formal legal, comparative law, and legal forecasting allow taking into account the specifics of the legal nature of the concepts under study, comparing homogeneous legal phenomena, and identifying prospects for the development of legal relations in dynamics. Results: an analysis of the new contractual structure on attracting investments – the investment protection and promotion agreement led to the conclusion of the legislative confusion and difficulty in determining its content and legal nature. Conclusions: the author concludes that it is difficult to determine the legal nature of the investment protection and promotion agreement (IPPA) today due to the imperfection of the Federal Law “On the Investment Protection and Promotion in the Russian Federation,” which does not allow to unequivocally answer the question of whether an investment project should be implemented within the framework of the IPPA itself, or whether it is also necessary to conclude an additional agreement. It is claimed that the IPPA is an unnamed agreement that has no analogues in the Russian legislation. It is concluded that the structure of the IPPA includes the implementation of an investment project. According to the author, until clarification is made to the Federal Law “On the Investment Protection and Promotion in the Russian Federation,” the IPPA will not be implemented in practice.

Numerous Internet platforms have amassed considerable profits through market dominance, thereby exhibiting monopolistic behaviors in specific instances. In response to ensuing protests and legal actions, these platforms have been compelled to restructure their prevailing single-rate revenue sharing schemes, adopting differential designs aimed at redistributing more revenue to suppliers. In this article, we construct a two-tier supply chain model encompassing a platform with a large supplier and numerous smaller suppliers under price competition. Our investigation establishes that, in contrast with the single-rate scheme, the implementation of a differential revenue sharing scheme can significantly alleviate the financial pressures faced by small suppliers and provides substantial profit increase. Under specific conditions, this scheme also demonstrates a propensity to enhance the overall welfare of the platform and large supplier. Moreover, we illustrate that the adoption of differential scheme incentivizes both large and small suppliers to formulate distinct pricing strategies in most cases, avoiding traditional price wars, thereby mitigating the direct and potential competitive pressures among suppliers. Notably, the differential scheme appears to impose constraints on the platform's ability to extract substantial profits, yet paradoxically facilitates increased revenue generation and sustains a balance between large and small suppliers, fostering the platform's long-term dominance.

Corporate Conflicts in the System of Public Relations, Law, and Legislation of the Russian Federation

The development of transplantation in the Russian Federation raised in addition to ethical some legal issues, like the conflict of the Law of the Russian Federation “On transplantation of human organs and tissues” and the Federal Law “On burial and funeral business”. Goals and tasks of the research. The main goal of the study is to determine the content of the principle of presumed consent and its legal boundaries. This goal led to the setting of the following tasks: firstly, on the basis of international and national law, to establish the donation procedure, and, secondly, to analyze the practice of the Constitutional Court of the Russian Federation and the European Court of Human Rights on the legality of the principle of presumed consent. Methods. For the study, both general scientific methods like analysis, synthesis, deduction and induction were used, as well as private scientific methods, the main role played the comparative legal method. Guided by it, the author compared the approaches to the legal regulation of donation in various legislative acts of the Russian Federation and international law. Comparative analysis was used to study the practice of the Constitutional Court of the Russian Federation and the ECHR case law. Brief conclusion. The author reveals two models of legal regulation of donation – presumed and requested consent. After studying the Law of the Russian Federation “On transplantation of human organs and tissues” and the Federal Law “On the basics of health protection of citizens in the Russian Federation”, the author suggests ways of improving the national legislation on posthumous donation.

The trade industry plays a key role in the socio-economic development of regions. The practice of regional retail from Siberia to the Far East demonstrates that retail successfully competes in the same market with federal chains. The article presents the results of a study of the peculiarities of retail trade development in the Altai Territory. The advantage of regional retail is the presence of a high proportion of local products. Currently, there are over 20 grocery chains operating in the Altai Territory, including both large federal retailers and regional companies. Thus, among the local networks, the largest networks can be distinguished — LLC Maria-Ra (Barnaul), LLC Anix and LLC Forne (Biysk). Based on the results of 2023 Retail chains in the region accounted for 41.9% of the total retail turnover, which amounts to 212.2 billion rubles (in the Siberian Federal District — 40.6%; throughout the Russian Federation — 36.1%). In the retail sector of food products, including beverages and tobacco products, the share of sales of retail chains reached 55.7%. The retail trade turnover in the retail chains of the Altai Territory amounted to 44.3% of the total retail trade in the subject of the Russian Federation. The main trends in the transformation of the activities of regional retail chains are highlighted. The purpose of the study is to study the current state and development potential of regional retail. The research is based on the study of relevant scientific and periodical economic literature.

Introduction. The article discusses the legislative framework in the field of information and cyber security in Russia and the European Union, as well as relevant changes to them. The changes in the legislation of the Russian Federation after the adoption on December 30, 2021 No. 441-FZ “On Amendments to Article 15.3 of the Federal Law “On Information, Information Technologies and Information Protection” and Articles 3 and 5 of the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation”, as well as Council of Europe Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD) of 1981, Protocol amending the Convention for the Protection of Individuals with regard to the Processing of Personal Data, adopted by the Committee of Ministers on its 128th session in Elsinore on 18 May 2018. (Convention 108+), 2021 Guidelines for the Protection of Individuals with regard to the Processing of Personal Data by and for Political Campaigns.Materials and methods. The research materials were compiled by the Federal Law of December 30, 2021 No. 441-FZ “On Amending Article 15.3 of the Federal Law “On Information, Information Technologies and Information Protection” and Articles 3 and 5 of the Federal Law “On Amending Certain Legislative Acts of the Russian Federation ”, Federal Law of July 27, 2006 No. 152 “On Personal Data”, Federal Law “On measures of influence on persons involved in violations of fundamental human rights and freedoms, rights and freedoms of citizens of the Russian Federation” of December 28, 2012 No. 272, Federal Law “On Fundamental Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” No. 67-FZ of June 12, 2002, 108 of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD), Convention 108+ and the Guidelines on the Protection of Individuals with regard to the Processing of Personal Data by and for Political Campaigns 2021. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes in the field of personal data protection: the method of system-structural analysis; method of synthesis of social and legal phenomena; comparative legal method; formal-logical method.Results of the study. The Russian Federation implements many of the provisions of the Guidelines for the Protection of Individuals with regard to the processing of personal data. However, there are those proposals that are not reflected in Russian laws. In addition, the Guidelines for the Protection of Individuals with regard to the processing of personal data actually allow organizations to transfer data to social networks for advertising, which in Russia can be regarded as a violation of the law.Discussion and conclusion. At the moment, uncertainty remains in connection with the cooperation between Russia and European countries and Russia's withdrawal from the Council of Europe, the ECtHR and the HRC. In the near future, Russia will determine the list of European conventions that no longer meet its national interests, and denounce them. If Convention 108 is not included in this list, then Russia will be able to remain a party to the Convention and, consequently, to related documents. But still, even if the Convention under consideration and related documents are denounced, some of its positive practices can be adapted by Russian legislators and reflected in the Russian Federal Law in a slightly modified form.

The article examines the normative legal acts on the implementation of the preventive function by the prosecution bodies of the Russian Federation. The correctness of the definition of the preventive function of the prosecution bodies given in Article 9 of Federal Law No. 182-FZ of 23 June 2016, “On the Foundations of the System for the Prevention of Offences in the Russian Federation”, is critically assessed. The need to clarify the content of the preventive function of the prosecutor's office by introducing amendments to a number of existing normative legal acts of the Russian Federation is substantiated. The author notes that the current Russian legislation, scientific community, and law enforcement practice are still uncertain about what the implementation of the preventive function by the prosecution bodies of the Russian Federation means. The author analyzes the norms of Articles 5 and 9 of Federal Law No. 182-FZ. She infers that, at present, based on the existing norms, it is impossible to make an unambiguous conclusion about how the prosecution bodies carry out the preventive function. On the one hand, it can be argued that the analyzed law provides for the implementation of an independent preventive function by the prosecutor's office within the framework of prosecutor's supervision over the implementation of laws. On the other hand, it would be appropriate to suggest that the legislator equates the supervisory function of the prosecutor's office with the preventive one. Federal Law No. 2202-1 of 17 January 1992 (as amended), “On the Prosecutor's Office in the Russian Federation”, does not clarify this issue; it gives two main functions of the Prosecutor's Office: supervision and criminal prosecution, leaving the list of possible functions open. This law does not specifically disclose the preventive function of the prosecutor's office. The function is deducible from the norms of Section III (Prosecutor's Supervision), Article 8 (Coordination of Activities to Combat Crime), and Article 9.1 (Conducting AntiCorruption Expert Examination of Regulatory Legal Acts). The author notes that, given the existing uncertainty in laws, there are also different points of view on this issue in science. The author believes that the prosecution bodies are still not endowed with the competence for the prevention of offenses; therefore, they cannot perform the preventive function in its traditional sense. According to the current Russian legislation, the bodies of the prosecutor's office supervise the implementation of laws on the prevention of offenses. The current legislation has norms that contradict each other and norms with an indefinite meaning, which continues to raise numerous questions from theorists and practitioners, does not contribute to the uniformity and effectiveness of law enforcement practice. In this regard, the author proposes: (1) to clarify the powers of the prosecution bodies of the Russian Federation in the field of crime prevention, separating the supervisory function from the preventive one, in Article 9 of Federal Law No. 182-FZ on the Foundations of the System for the Prevention of Offences in the Russian Federation. The author believes that the supervisory functions are fully regulated by the Federal Law on the Prosecutor's Office in the Russian Federation; therefore, there is no need to duplicate these functions in Federal Law No. 182-FZ; (2) to provide specific preventive powers of officials of the prosecutor's office of the Russian Federation in Federal Law No. 182-FZ. For example, instructing and informing in the domain of law (Article 17 of Federal Law No. 182-FZ) are not classified as forms of preventive influence of officials of the prosecutor's office, although the prosecutor's office has always carried out these activities; (3) to provide for the implementation of the preventive function by the prosecutor in the texts of Federal Law No. 2202-1 on the Prosecutor's Office in the Russian Federation, Federal Law No. 182-FZ on the Foundations of the System for the Prevention of Offences in the Russian Federation, Federal Law No. 120-FZ on the Foundations of the System for the Prevention of Juvenile Neglect and Delinquency of 24 June 1999, and other preventive regulatory legal acts. The function should be specified through describing its content: instructing and informing in the legal domain, as well as coordinating and anti-corruption expert work.

Currently, the issues of defining the competence of local self-government are once again very relevant. This is due to the adoption and partial entry into force of the new Federal Law No. 33-FZ dated March 20, 2025 "On the General Principles of Organizing Local SelfGovernment in the Unified System of Public Authority" (hereinafter referred to as Federal Law No. 33). The issues of competence of local self-government are defined by Chapter 4 of Federal Law No. 33 in a very contradictory way.This article discusses the main problems of determining the competence of local selfgovernment in connection with the adoption of the new Federal Law No. 33. The author makes an attempt to trace exactly how the subjects of local government, including issues of local importance, the powers of local governments and their individual types, were reflected in Federal Law No. 33. The article also raises the problems of determining the procedure for the redistribution of powers between local governments and state authorities of the subjects of the Russian Federation, and the exercise by local governments of certain state powers. These problems are presented in a comparison of the provisions of the new Federal Law No. 33 with the old Federal Law No. 131-FZ dated October 6, 2003 "On General Principles of the Organization of Local Self-Government in the Russian Federation" (hereinafter Federal Law No. 131).These issues are considered in the article using the formal legal method, methods of comparative legal and historical analysis of federal laws regulating certain elements of the competence of local government, as well as synthesis in the preparation of conclusions and proposals based on this analysis.Based on the above, the article concludes that the new Federal Law No. 33 covers issues of competence of local self-government and its individual elements much worse than in the old Federal Law No. 131. In the future, Federal Law No. 33 should reflect the definition of the competence of local self-government and return issues of local importance provided for by the Constitution of the Russian Federation and which are the main subjects of local self-government. The mechanism of redistribution of powers between local selfgovernment bodies and state authorities of the subjects of the Russian Federation raises big questions from the point of view of its compliance with the Constitution of the Russian Federation in terms of limiting the independence of the population of the municipality and local self-government authorities to resolve issues of local importance. In addition, Federal Law No. 33 also needs to return the definition of the constitutional concept of certain state powers that can be vested in local governments, as well as individual guarantees of the procedure for their implementation.

The Czech retail market has changed its structure and form during the last twenty years. The influence of two factors is especially significant. The first one is the growth of internationalization and the second one is market concentration growth. The significant opening process of the Czech economy, accompanied by the liberalization of the Czech market process, enabled the international retail companies to penetrate the national retail market. The most powerful European retail companies are now present in the Czech market. The available shopping area/cap is also one of the largest in Europe. Retail chains have taken a dominant position in the market, and because of their market power they are able to determine trade/contract conditions for domestic suppliers. Retail chains’ sales have been constantly growing. While in 2006 the value of sales was about 258.5 billion CZK, in 2008 it was about 312.2 billion CZK. The impact of the economic crisis on the Czech retail market has not been as stressful as it was abroad. In 2009, a slowdown of the Czech retail market was recorded, but the value of sales decreased by only 3 billion CZK (in comparison with 2008). The highest sales (59 billion CZK) were recorded by the Lidl & Schwarz-Gruppe, which is the owner of two dominant retail chains in the Czech retail market (Kaufland and Lidl). The main aim of the paper is to evaluate the selected aspects, which have been influencing the relationship between multinational companies (retail companies – supermarkets and hypermarkets) and local (Czech) suppliers of agrarian and foodstuff products (farmers and foodstuff companies). The paper analyses the problem of abuse of multinational companies’ significant market power in relation to their suppliers. Based on a pilot project, the efficiency of market force law, and its use in practice, are analysed. The main idea is to analyse the following problems: the impact of 30 days payment period for goods delivered, under cost prices required by retail companies, and the structure of fees and charges required by retail companies.

Introduction. E-commerce is becoming one of the priority channels for the distribution of goods. Marketplaces with their large segments of the target audience and a wide range of logistics, marketing, information, and other services are the most extensively growing e-platforms. It seems relevant to use mathematical tools to describe various schemes of interaction between manufacturers and marketplaces since by now scientific papers consider only theoretical issues of cooperation between manufacturers and marketplaces and do not outline the elements of this system. Purpose. The study investigates the basic schemes of interaction between manufacturers and marketplaces and develops a universally applicable economic and mathematical model of interaction between manufacturers and marketplaces. Materials and Methods. The article examines theoretical and methodological approaches to the organization of cooperation between manufacturers and electronic marketplaces to identify the cooperation models relevant for the Russian marketplaces, their features, advantages and disadvantages. Results. The authors developed a fulfillment-based economic and mathematical model of the organization of the manufacturer’s sales system provided the goods are safely stored in the warehouse of the marketplace. The model defines the functions of the manufacturer’s revenue as the volume of sales on the online platform and the costs of warehousing, transportation, marketing promotion, commission fee and other related costs to maximize the manufacturer’s profit, determines restrictions on the number of goods sold, stored and manufactured, the volume of goods in stock and the seller’s rating on the marketplace. Conclusion. The paper describes a universally applicable model for manufacturers using the first-level sales channel as a marketplace with no distributors, wholesalers, and retailers, and marketplaces providing a range of logistics services, including warehousing, sorting, and delivery of goods to customers. Further research suggests developing a model for manufacturers’ interaction with marketplaces to explore possible channels for the distribution of products in case goods are stored in their own warehouses and retail chains’ warehouses.

The development of international and local (federal) retail chains is significant for the development of the country's economy in the modern context. It can be stated that the problems of the retail chain development are reviewed in applied aspects more successfully than in theoretical aspects, which reinforces their urgency. This article is devoted to the factors of international retail chain development in Russia by regions, including Moscow and St. Petersburg. The authors cite the development of outlet centres in the Russian regions and the quality of retail space as factors with a considerably e influence on the international retail chain development. The developers' task is to intensively develop the construction of outlet centres in cities with a million-plus population, ensuring that retail chains, primarily international ones, become anchor tenants. The reason is that anchor tenants become centres of attraction that provide rental of retail space (usually from 5% to 15% of the total area of the outlet centre) and offer a wide range of goods to the outlet centre visitors at attractive prices. The purpose of this article is to study the factors of international retail chain brand development in the regions of the Russian Federation and to establish a connection between the opening of outlet centres and the development of global retail chains. To this end, the statistical data presented in the JLL 2015 Report and official statements of authorised representatives and agencies regarding the development of retail chains were analysed. It is suggested that a close relationship between the opening of outlet centres and the development of international retail chains in the regions of the Russian Federation will be established during the analysis, including the classification of cities for the development of global retail chains due to the effect of various factors.

The current pandemic situation has created many challenges for maintaining positive relationships between fast fashion retailers and their suppliers. In the proposed paper it is assumed that strong and ethical relationships may be beneficial for all supply chain members, especially in the era of global pandemic. Therefore, the aforementioned issues (fast fashion retailers’ ethical behavior towards suppliers) constituted the subject of the paper. Our knowledge about relationships between fast retail chains and their suppliers in the times of global pandemic is relatively week. Trying to fill the gap, this paper discussed relationships between fast fashion retail chains and their suppliers’ customers on the basis of literature review and case study research. Purpose: The aim of the paper was to indicate the scope of activities undertaken by retailers and addressed at suppliers by fast fashion retail chains in pandemic times. The following goals of descriptive and cognitive character were assumed in the paper: (a) Identification of the fast fashion retailers’ common behavior in the era of pandemic, and (b) indication of ethical practices applied by fast fashion retail chains which are beneficial for all retail chain members, based on the Inditex example. Methodology: Based on the theoretic deliberation of retail chain relationships with suppliers in the pandemic times, qualitative research was conducted to supplement the theoretical background. The purpose of this study was to identify how fast fashion retailers maintain relationships with their suppliers in supply chains. The conducted research enabled us to reveal answers to the following research questions: What are good practices of fast fashion retailers in terms of relationships with suppliers? Can socially responsible, trustworthy fast fashion retailers stay profitable in the Covid-19 pandemic? The theoretical deliberation was based on a critical literature review. The empirical part of the paper was based on case study research. The conducted research was descriptive in nature, conducted in order to describe a particular phenomenon within its context, and was not intended to provide conclusive evidence, but to have a better understanding of the problem. A descriptive intrinsic case study was the method applied in the research. Results: On the grounds of literature studies, as well as collected information, we can state that close and ethical cooperation with suppliers, based on socially responsible relationships, are becoming a more and more important part of the strategy for commercial chains. There are companies that use any legal measures to not fulfil their obligations as contractors and avoid paying for orders completed and in production. The descriptive case study research allowed us to observe, analyze, and report good practices of fast fashion retailers in terms of relationships with their suppliers based on the Inditex example. The theoretical contribution: On the grounds of the case study, we can state that during pandemic times fast fashion retail chains have focused on the development of relationships with suppliers, which means changing from transactional to relationship marketing in cooperation strategies. Practical implications (if applicable): The paper provided intellectual input into the managerial problem of how to develop mutual beneficiary relationships between fast retail chains and their suppliers. The study suggests that fast fashion retail chains have to take into consideration growing customer expectations, which regard their cooperation’s strategies toward suppliers.

The purpose of this study is to assess the effectiveness of government regulation in the food retail sector and identify systemic problems in achieving a balance of interests among market participants. The research is aimed at analyzing the functioning of regulatory mechanisms governing relationships between suppliers and retail chains, established by Federal Law No. 381-FZ and its amendments, within the context of the overall system of state governance of commercial activities. Based on the analysis of the regulatory framework and results of ROMIR sociological research (18 in-depth interviews with representatives of food supply companies in 2024), it was revealed that the current regulation has not achieved its stated goals of improving suppliers' position. A significant imbalance in negotiating positions in favor of retail chains has been found to persist, especially concerning small and medium-sized businesses. It was discovered that market participants adapted to restrictions on the size of remuneration payments to retail chains (no more than 5% of the purchased goods' price) through conversion to on-invoice payments and the use of other regulatory circumvention mechanisms, which reduced the transparency of contractual relations. The scientific novelty of the research lies in identifying the ineffectiveness of existing regulatory mechanisms and justifying the need for a differentiated approach to regulation by product categories. The practical significance consists in developing management recommendations for improving legislation considering changes in the food retail markets, including strengthening antitrust control and regulating marketplace operations.