Problems of Legal Regulation of the Activities of Marketplaces and Ways to Solve Them

Проблемы правового регулирования деятельности маркетплейсов и способы их решения: анализ судебной практики

Gulyaeva, T. B. (Гуляева, Т. Б.) (), Kocharyan, K. A. (Кочарян, К. А.) () and Bayramova, R. O. (Байрамова, Р. О.) ()
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Gulyaeva, T. B. (Гуляева, Т. Б.): Russian Academy of National Economy and Public Administration under the President of the Russian Federation
Kocharyan, K. A. (Кочарян, К. А.): Russian Academy of National Economy and Public Administration under the President of the Russian Federation
Bayramova, R. O. (Байрамова, Р. О.): Russian Academy of National Economy and Public Administration under the President of the Russian Federation

Theoretical and applied law, 2025, issue 1, 92-101

Abstract: Introduction. Digital platforms (marketplaces) have transformed trading, making it more convenient and accessible. However, along with the growth of the online retail market in Russia, legal problems have arisen. The lack of a clear legislative definition of a “marketplace” and special laws on trading on these platforms makes it difficult to establish rules and standards to protect consumer rights, as well as ensure business safety and efficiency. This makes the field of marketplaces interesting to study from the point of view of civil law. Methodology and materials. The research is based on the judicial practice of arbitration courts on dispute resolution issues arising from trading on marketplaces. The research methods are general scientific methods, comparative legal methods. Research results and their discussion. In the Law on Consumer Protection, marketplaces are considered as “owners of aggregators” acting as intermediaries between the seller and the consumer, as opposed to direct electronic commerce, which is their main distinguishing feature. The analysis of judicial practice revealed the main variations of problematic disputes that arise, including infringement of sellers’ rights by the terms of the offer, copyright infringement, distribution of counterfeit goods, claims to the quality of goods and unscrupulous consumers. In such cases, consumers can defend their rights in court or by contacting the seller directly. However, the lack of specific legislative regulation of marketplaces leads to the fact that they set their own rules, which creates unpredictability and difficulties for consumers. Conclusions. In order to effectively regulate marketplaces, it is necessary to amend the legislation. First of all, a legislative definition of the term “marketplace” is required in the law “On Consumer Protection” for a clear allocation of responsibility. It is advisable to develop a separate law on marketplaces, paying special attention to the mechanisms for filing and reviewing complaints, as well as dispute resolution.

Keywords: marketplace; trading platform; e-commerce; digital technologies; online commerce; digital platform (search for similar items in EconPapers)
Date: 2025
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