A LEGAL MECHANISM FOR REGULATING THE DIGITAL ECONOMY

Tatiana V. Shatkovskaya; Tatiana V. Epifanova; Natalia G. Vovchenko; Nikolay G. Romanenko

doi:10.12955/cbup.v6.1246

Tatiana V. Shatkovskaya Russian Presidential Academy of National Economy and Public Administration, Rostov-on-Don
Tatiana V. Epifanova Russian Presidential Academy of National Economy and Public Administration, Rostov-on-Don
Natalia G. Vovchenko Russian Presidential Academy of National Economy and Public Administration, Rostov-on-Don
Nikolay G. Romanenko Russian Presidential Academy of National Economy and Public Administration, Rostov-on-Don

DOI: https://doi.org/10.12955/cbup.v6.1246

Keywords: law, digital economy, positive law, legal mechanism, regulation, legal methods, legal means, the operation of a legal norm

Abstract

This article examines the societal affairs arising from the digital economy and how these influence the system of state regulation. The authors propose and justify a structural model of a legal mechanism to regulate the digital economy based on results of a critical analysis of Russian Federation and European Union experiences. The research indicates the need to include both centralized and decentralized elements in a mechanism for such regulation and to reconcile these elements by balancing the legislative potential of private entities and the conservative justice approaches of legislators.

References

Voynikaynis E.A. (2013) Intellectual Property Rights in the Digital Age: the paradigm of balance and flexibility.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a Single Market for Intellectual Property Rights Boosting creativity and innovation to provide economic growth, high-quality jobs and first-class products and services in Europe. Brussels, 24.05.2011. COM (2011) 287 final. 46.

Epifanova T.V, Skvortsova T.A, Parshina E.A. (2017) Influence of clustering on the innovational development of business structures in region's economy. International Journal of Trade and Global Markets. 2017, vol. 10, 2/3: 133141.

Interinstitutional Agreement on Better Lawmaking (2003/C 321/01).

Polyakov A.V. (2004) General Theory of Law: Interpretation Problems in the Context of a Communicative Approach.

Determination of the Constitutional Court of the Russian Federation of 19.04.2016, 12D.

Order of the Government of the Russian Federation on July 28, 2017. 1632r on the approval of the program "Digital Economy of the Russian Federation".

Order of the Government of the Russian Federation No. 2776r. LC RF. 11.01.2016. № 2 (Part II). Art. 458.

Shatkovskaya T.V., Epifanova T.V. (2016) Correlation of private and public legal interests as theoretical and scientific and practical problem of modern law. Journal of Advanced Research in Law and Economics. 2016. Т. 7. № 3. С.625630.

Schwab K. (2017) The Fourth Industrial Revolution: 39.

Tapscott D. (1994) The Digital Economy.

Tikhomirov Yu. A. (2008) Legal Regulation: Theory and Practice.

The Global Competitiveness Report 2010 - 2011. World Economic Forum. Geneva, Switzerland, 2010: 8.

National Law "On Self-Regulating Organizations in the Sphere of the Financial Market and on Amending Articles 2 and 6 of the National Law" On Amendments to Certain Legislative Acts of the Russian Federation". LC RF, July 20, 2015, 29 (Part I). Article 4349.