Abstract

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.

Highlights

  • 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

  • The concentration of market power in digital platforms threatens a competitive environment in digital markets

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Summary

The Concept of a Digital Platform as a Legal Phenomenon

Researchers’ main problem is the lack of an accurate and generally accepted definition of a digital platform. Kartskhiia, the concept of “digital platforms” implies a variety of applications of a complex of technologies for various activities: from search and information systems (Google, Yandex, Bing), e-Commerce platforms (eBay, AliExpress) and social networks (Facebook, VK, Snapchat), from providers of ‘cloud’ services (services) IaaS and PaaS, industrial and business management systems (based on the principle of intelligent, ‘smart’ objects) to global digital technology (online) platforms (Google-Alphabet, Amazon).18 It seems that the broad definition of platforms as a legal phenomenon makes it possible to extend appropriate regulation to on online services that accept direct payments from service users, and to such types of platforms as General Internet search engines, rating websites, and social networks. Foreign researchers have moved ahead in this area compared to Russian researchers, but we can develop effective rules based on colleagues’ experience and research from Europe and China in this area

Legal Restrictions on Digital Platforms
Platformization in the Field of Public Government
Experience of Remote Justice in European Countries During the Pandemic
Online Legal Proceedings in China
Trends of Digitalization of Legal Proceedings in Russia
Risks of Platformization for Data Protection
Findings
Conclusion
Full Text
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