№2 (02) 2018

The second issue of the 2018 journal of law and digital economy was published

in issue:

Landabaso A. I. European Digitalization Experience of Economy: Experience for Russia

The article is dedicated to the main trends in the processes of digitalization of the World economy. The focus of the article is the key issues that are interesting for the Russian economy at the present time as part of the digitization (especially in regard of World trade). The author considers the focus of the article is its feature. The focus of the article  highlights factors and aspects of digitalization in the World economy and the processes of digitalization of the European economy, first of all those that are «breakthrough» for our economy. They can make the Russian economy more than a part of the World economy (it is already a part of it), but they will bring it on the path of sustainable economic growth and encourage it to the new start of its progress. It should be understood that the process of digitalization is an  objective thing and is not necessarily connected to the process of globalization and trends of the New economy. The process of digitalization is a tribute, a response to the new challenges of scientific and technological revolution, where the new qualitative stage of the fourth technological revolution addresses to the World economy is seen. There is no doubt that without studying the main trends of digitalization it is impossible to understand the next step of progress in the World economy, starting from the moment of the appearance of a new drivers of the World economy paradigm. It is clear that top ten drivers in the World economy will be completely different soon. For example, I am sure that India, not even China, will take the first place in global economy. And the next «TOP Three» will be represented by countries that are hardly can be imagined on this level today: Indonesia, Vietnam, Brazil and even, perhaps, South Africa. It should be taken into account that, undoubtedly, the main  mechanism, the regulator of all progressive processes in the World economy is the optimization process, with its information technology resource and phenomena — «digitalization».

Grinev V. P. State Regulation of the Digital Economy

The article describes the main provisions of the «Digital Economy of the Russian Federation» Program that provides for the implementation of action plans for the formation of research competences and technological resources, as well as for information security and statutory regulation. The author considers the impact that the implemented action plans are expected to have on certain program values and indicators, and the results of their implementation. The article covers the main changes introduced to the applicable legislation, specifications and national standards.

Hutchinson Ch. S. The Challenges to Competition of Contractual Restrictions to the Use of Online Price Comparison Tools

Price comparison tools allow potential customers (especially those who consider the price as an important purchase criterion) to find retailers offering certain products, compare their prices with limited effort, and to click on offers they consider appropriate. The actual sale does not usually take place on the website of the price comparison tool, but on the retailer’s website to which potential customers are directed via the website of the price comparison tool. On the one hand, price comparison tools intensify price transparency and increase intra-brand and potentially inter-brand prices between different retailers. On the other hand, a significant number of manufacturers in the EU (32 %) consider price comparison tools rather critically since they focus only on price which is not necessarily the  most important element for the attractiveness of their product. According to these manufacturers, other factors  may influence the choice of the consumer (quality, features, style, luxurious image). This may explain why some agreements between manufacturers and retailers contain contractual restrictions whereby retailers are limited in their ability to actively provide information or otherwise promote their online product offerings online through the use of price comparison tools. The European Commission first analyzed the use of price comparison tools by retailers in the EU and the contractual restrictions that limit their ability to use such tools and then assessed whether and under which conditions restrictions on use of price comparison tools violate European competition rules.

Laptev A. V. The Blockchain Technology and the Corporate Complian

The improvement of corporate governance in Russia has become a priority task for the Bank of Russia and the competent state authorities. With the emergence of digital technologies and the development of corporate  law, it has become possible to create a favourable legal framework for civil transactions beneficial to all parties involved in the corporate relations. The author proposes to assess the effects of applying the blockchain-based distributed ledger technology by corporations. The article analyses the shareholder registers that give the issuer the relevant scope of corporate rights.

Gromova E. A. Smart Contracts in Russia: An Attempt to Define the Legal Nature of Smart Contracts.

The article is devoted to the study of legal nature of smart contracts. Smart contracts definitions are analyzed, the data in the project of the Federal law «About digital financial assets» № 419059-7 (passed by the State Duma in the first reading 20.05.2018), and in the technical, legal and economic literature, and outlines the main approaches to defining the legal nature thereof. The author comes to the conclusion that nowadays smart contracts should be qualified as technical means of contract performance, and that the statutory rules applicable to electronic contracts cannot apply to smart contracts.

Chereshneva I. A. The Digital Economy for the Purposes of Territories with Special Regime of Business Activities

The article considers a concept feasibility of the digital economy for the purposes of territories with special regime of business activities by means of an exercise of innovation and IT infrastructure. The article suggests that in the long view its interrelation can provide the innovation-driven growth as well as spatial development of economy.