Formation of the environment of confidence in sharing economy: problems of civil regulation in Russia
Article Sidebar
Main Article Content
Abstract
In digitalization, trust is a necessary factor in economic and social development in general that determines the content of public relations and ensures their positive effect. In sharing economy, due to the specifics of the emerging relations, the issue of creating a digital environment of trust is especially relevant. The objective of the research is to determine the directions for improving the mechanism of civil law regulation of certain aspects of the collective use of goods and services, including studying the possibilities of the influence of the main provisions of civil law on the provision of the necessary trust between the turnover participants; research on the transformation of legal institutions, including the protection of reputation, in the context of digitalization processes; establishment of the specifics of regulating relations on the use of blockchain and other latest technologies aimed at creating and increasing the level of digital trust in collaborative consumption of various assets. The main research methods are deduction (the study of general legal provisions and their application to some regions of collaborative consumption), induction (the study of the rules for organizing the work of specific Internet platforms in the sharing economy and the subsequent allocation of general principles). Based on the results, the effective development of the sharing economy in digitalization presupposes a high level of trust, which has several interrelated manifestations that require differentiated approaches to their legal support. In addition to trust in digital technologies and services, the security of remotely performed transactions, and the preservation of the confidentiality of personal data, trust in society is essential for the sharing economy since only those who trust are trusted.
Downloads
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
1. Proposal of Policy for Free Access Periodics
Authors whom publish in this magazine should agree to the following terms:
a. Authors should keep the copyrights and grant to the magazine the right of the first publication, with the work simultaneously permitted under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 that allows the sharing of the work with recognition of the authorship of the work and initial publication in this magazine.
b. Authors should have authorization for assuming additional contracts separately, for non-exclusive distribution of the version of the work published in this magazine (e.g.: to publish in an institutional repository or as book chapter), with recognition of authorship and initial publication in this magazine.
c. Authors should have permission and should be stimulated to publish and to distribute its work online (e.g.: in institutional repositories or its personal page) to any point before or during the publishing process, since this can generate productive alterations, as well as increasing the impact and the citation of the published work (See The Effect of Free Access).
Proposal of Policy for Periodic that offer Postponed Free Access
Authors whom publish in this magazine should agree to the following terms:
a. Authors should keep the copyrights and grant to the magazine the right of the first publication, with the work simultaneously permitted under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 [SPECIFY TIME HERE] after the publication, allowing the sharing of the work with recognition of the authorship of the work and initial publication in this magazine.
b. Authors should have authorization for assuming additional contracts separately, for non-exclusive distribution of the version of the work published in this magazine (e.g.: to publish in institutional repository or as book chapter), with recognition of authorship and initial publication in this magazine.
c. Authors should have permission and should be stimulated to publish and to distribute its work online (e.g.: in institutional repositories or its personal page) to any point before or during the publishing process, since this can generate productive alterations, as well as increasing the impact and the citation of the published work (See The Effect of Free Access).
d. They allow some kind of open dissemination. Authors can disseminate their articles in open access, but with specific conditions imposed by the editor that are related to:
Version of the article that can be deposited in the repository:
Pre-print: before being reviewed by pairs.
Post-print: once reviewed by pairs, which can be:
The version of the author that has been accepted for publication.
The editor's version, that is, the article published in the magazine.
At which point the article can be made accessible in an open manner: before it is published in the magazine, immediately afterwards or if a period of seizure is required, which can range from six months to several years.
Where to leave open: on the author's personal web page, only departmental websites, the repository of the institution, the file of the research funding agency, among others.
References
Abraham, C., Sims, R. R., Daultrey, S., Buff, A., & Fealey, A. (2019). How digital trust drives culture change. MIT Sloan Management Review, 60(3), 1-8.
Acquier, A., Daudigeos, T., & Pinkse, J. (2017). Promises and paradoxes of the sharing economy: An organizing framework. Technological Forecasting and Social Change, 125, 1-10.
Bidwell, J. (2019). Disrupt: 100 Lessons in Business Innovation. Alpina Publisher.
Barbu, C. M., Bratu, R. Ş., & Sîrbu, E. M. (2018). Business models of the sharing economy. Revista de Management Comparat International, 19(2), 154-166.
Bogdanov, E. V., Bogdanova, E. E., & Bogdanov, D. E. (2017). Problema fidutsiarnosti i fidutsiarnykh sdelok v grazhdanskom prave Rossii [Issue of Fiduciary and Fiduciary Transactions in Russian Civil Law]. Grazhdanskoe pravo, (3), 20-25.
Booth, A. (2015). The sharing economy, the future of jobs, and ‘postcapitalism’–part one. International Marxist Tendency.
Botsman, R. (2017). Who can you trust?: how technology brought us together–and why it could drive us apart. Penguin UK.
Braginsky, M. I., & Vitryansky, V. V. (2002). Law of contracts. Contracts for the performance of work and the provision of services. Book 3. M., 2002 (section 1, chapter 15).
Frenehard, T. Building Digital Trust: What Does It Really Mean. URL: https://www. digitalistmag. com/finance/2019/10/29/building-digital-trust-what-does-it-really-mean-06201132 (дата обращения: 02.02. 2020).
Fukuyama, F. (1995). Trust: The social virtues and the creation of prosperity. World and I, 10, 264-268.
Golubtsov, V. G. (2019). Evaluation Concepts in Russian Codifications of Civil Law. Lex Russica, (8), 37-50.
Hawlitschek, F., Teubner, T., & Weinhardt, C. (2016). Trust in the sharing economy. Die Unternehmung, 70(1), 26-44.
Kamyshansky, V. P. (2019). Risk in modern civil law. Legal technology. 13, 59-62.
Kirilova, D., Maslov, N., & Reyn, A. (2019). Blockchain as a new technology for development. International Journal of Open Information Technologies, 7(1), 34-38.
Kirpichev, A. E. (2018). Aggregators of goods and services as new subjects of commercial Law. Actual problems of Russian Law. 2, 34-55.
Komarova, I. P., Novikova, E. S., & Ustyuzhanina, E. V. (2017). Ehkonomika vzaimnosti: horosho zabytoe novoe [The economy of reciprocity: well forgotten new]. VestnikRossijskogo ehkonomicheskogo universiteta im. GV Plekhanova [Bulletin of the Russian Economic University GV Plekhanov], (5), 95.
Luhmann, N. (2000). Familiarity, confidence, trust: Problems and alternatives. Trust: Making and breaking cooperative relations, 6(1), 94-107.
Lymar, E. N. (2018). The sharing economy in modern Russia. Bulletin of the Chelyabinsk State University. Economic sciences. 6(22), 45-55.
Makhalin, I. N. (2020). The doctrine of fiduciary duties: defender of trust under the guise of an English spy. Bulletin of Economic Justice of the Russian Federation. 1, 152 - 200.
Maleinam M. N. (1995). Intangible benefits and prospects for their development. Law. 10(2), 102-105.
Mikheevam L.Yu. (2001). Trust management of property. Commentary on legislation (prepared for the ConsultantPlus computer-assisted legal research system in 2001; subsection "General Characteristics of the Trust Management Agreement”, section 3.1).
Nurmukhametovm R. K., & Torin, S. S. (2020). Digital trust: the essence and measures to improve it. News of Tula State University. Economic and Legal Sciences. 1, 32-39.
Orsi, J. (2012). Practicing law in the sharing economy: helping people build cooperatives, social enterprise, and local sustainable economies. Chicago, IL: American Bar Association.
Perepelkin, V. A. (2020). Postindustrial collaborative consumption as a result of consumption evolution based on access to benefits. Vestnik VSU. Series: Economics and Management. 1, 26-31.
Poduzova, E. B. (2019). New types of a simple partnership agreement in the context of the collective use of goods and services (sharing economy). Actual problems of Russian Law. 8, 86-94.
Popovm E. V., & Veretennikova, A. Yu. (2019). Institutional support of the shared economy in the development of the urban environment. Journal of Institutional Studies. 11(2), 67-84.
Qiu, S., Xu, Z., & Bhatt, B. (2021). The Sharing economy platforms in rural China: Bridging institutional voids through institutional entrepreneurship. In Sharing Economy at the Base of the Pyramid (pp. 75-99). Springer, Singapore.
Revinova, S., Ratner, S., Lazanyuk, I., & Gomonov, K. (2020). Sharing economy in Russia: Current status, barriers, prospects and role of universities. Sustainability, 12(12), 4855.
Richter, C., Kraus, S., Brem, A., Durst, S., & Giselbrecht, C. (2017). Digital entrepreneurship: Innovative business models for the sharing economy. Creativity and innovation management, 26(3), 300-310.
Sands, S., Ferraro, C., Campbell, C., Kietzmann, J., & Andonopoulos, V. V. (2020). Who shares? Profiling consumers in the sharing economy. Australasian Marketing Journal (AMJ), 28(3), 22-33.
Satyukov, S. R. (2019). Problems of and prospects for the development of ride sharing within the framework of the formation of the sharing economy. Moscow Economic Journal. 2(4), 122-153.
Semyachkov, K. A. (2019). Transformation of economic relations in the context of the development of digital platforms. Journal of Economic Theory. 16(3).
Sergeev, A. P., & Tereshchenko, T. A. (2018). Bolshie dannye: v poiskakh mesta v sisteme grazhdanskogo prava [Big data: in search of a place in the civil law system]. Zakon [Law], (11), 106-123.
Schwab, K. (2016). The Fourth Industrial Revolution (Geneva: World Economic Forum) Go to reference in article.
Sitnik, A. A. (2021). Blockchain Technology in Payment Systems. Actual Problems of Russian Law. 16 (5), 42-54. (In Russ.) https://doi.org/10.17803/1994-1471.2021.126.5.042-054
Slee, T. (2014). Sharing and Caring. URL: https://www.jacobinmag.com/2014/01/sharing-and-caring/ (accessed: 05.07.2021).
Sundararajan, A. (2016). The sharing economy: the end of employment and the rise of crowd-based capitalism, MA: The MIT Press. https://doi.org/10.1177%2F0972262917712390
Suvorova, E. N. (2020). Recognizing a transaction invalid as a way to protect against unfair behavior, Judge. 7, 9-14.
Sztompka, P. (2007). Zaufanie. Fundament Spoleczenstwa. Krakow.
Tapscott, D. (2018). BLOCKCHAIN REVOLUTION: How the Technology Behind Bitcoin is Changing Money, Business, and the World. - Moscow: Eksmo. - 448 p.
Tapscott, D., & Ticoll, D. (2003). The Naked Corporation. New York: Free Press.
Tereshchenko, T. (2018). What does the legislator think about big user data? // URL: https://zakon.ru/blog/2018/10/27/chto_dumaet_zakonodatel_o_bolshih_polzovatelskih_dannyh (accessed: 15.02.2021).
Veselov, Yu. V. (2020). Trust in a digital society. Vestnik of Saint Petersburg University. Sociology, 13(2), 129–143. https://doi.org/10.21638/spbu12.2020.202 (In Russian).
Vitryansky, V. (2018). Reform of Russian civil legislation: interim results (reprint).
Zippelliusm R. (2008). Introduction to German Legal Method. Carolina Academic Press.