Review of the actual issue

The first volume of the international scientific and practical journal “Law and Digital Economy” has been published.

The first article of the volume is “Competition and competitive policy in the context of digitalization of the economy” by D.A. Petrov. The author notes that the existing concept of a commodity market does not take into account the results of the introduction of digital technologies, their cross-border nature, the emergence of intermediaries between the seller and buyer of goods in the form of digital platforms and persons creating computer programs to manage them, preferential treatment for the use of digital technologies as the results of intellectual activity, which together can lead to a distortion of the picture of the state of competition, change the balance of power and priorities in a particular product market. The author comes to the conclusion that it is extremely important to take into account digitalization in order to analyze the state of competition in certain product markets, referred to as “digital product markets”, changes in the concept of economic competition used in antimonopoly legislation, which requires the development of special legislation in this area, the definition of the legal conceptual apparatus and structural content. .

Article by Andreeva L.V. is devoted to the legal aspects of the transition to sustainable development in the context of digital transformation in Russia. The author emphasizes that building a legal framework for the implementation of sustainable development goals requires the adoption of systemic measures, which should be based on the established state policy, which requires the advancement of strategic planning documents, primarily the Strategy for Sustainable Development of the Russian Federation, based on the assessment of predictive indicators of climate change, and as well as other socio-economic and political factors. The main instruments for introducing sustainable development requirements into the activities of corporations, the public sector and public administration are standardization documents, the use of which is voluntary. At the same time, in the field of standardization, a digitalization-related reform is essentially taking place, which will make it possible to synchronize the application of innovative solutions in various fields and fields of activity. The gradual introduction of sustainable development requirements into law enforcement activities is also possible by testing them within the framework of experimental legal regimes.

The topic of the article by Belitskaya A.V. is the problems of transformation of the state investment policy in the digital economy from the point of view of Russian and foreign experience. The author proves that as part of the formation of a new vector of state investment policy in digital transformation, it is necessary to use the possibilities of crowdfunding, cryptocurrencies and other online tools to redistribute investment flows in favor of financing priority tasks for the state and society. The author concludes that a virtual collective investor has significant differences from traditional collective investors: it is formed on the basis of investment platforms, does not participate in direct relations between the investor and the recipient of investments on the basis of an agreement concluded without the participation of an intermediary, does not decide on investment objects and its strategies, only ensuring the functioning of the infrastructure.

An innovative topic for the research is proposed by R.E. De Rosa. The article “What Will Become of My Digital Legacy When I Die” (Part 1) notes that over the past fifty years, technological advances have caused a real “digital revolution” that is still ongoing, changing the way we interact with other people and share personal data, an approach to the world of work, culture and information, methods of storing and transmitting documents, as well as the very concept of heritage. In this regard, the idea that an authentic “digital heritage” can be configured is beginning to form. At the same time, the most difficult problem is related to the fate of digital data created and processed within the framework of service contracts concluded with providers. The article analyzes the general contractual conditions prepared unilaterally by suppliers, who in the vast majority of cases are located in foreign countries. The author substantiates the conclusion that most of the conditions that exclude the possibility of the heir to occupy the same contractual position with the deceased are – in the light of Italian law – invalid.

The article by Terentyeva L.V. is devoted to the problems of delimitation of extraterritorial and territorial jurisdiction in cyberspace. The article emphasizes that the problems of establishing judicial jurisdiction in cross-border private law disputes in cyberspace cannot be considered in isolation from the general study of the manifestation of state jurisdiction in cyberspace. It is explained by the fact that the concept of “state jurisdiction”, which outlines the boundaries of the sphere of action of state power, is a backbone, the starting point for formulating the concept of judicial jurisdiction for the consideration of cross-border private law disputes. The author notes that the approach of distinguishing between territorial, extraterritorial and quasi-territorial jurisdiction should also be provided for cyberspace, conditionally divided into national and functional domain zones.

The volume ends with an article by A.G. Barabashev and Ponomareva D.V. “Modernization of the legal regulation of the Russian Federation in the field of protection of the results of scientific activity and scientific information based on the analysis of foreign experience.” In this article, the authors made an attempt to analyze the current state of the legislation of the Russian Federation in the field of regulation of scientific activity, including in terms of ensuring the legal protection of the results of scientific activity and scientific information, to provide an overview of relevant legislative novels in foreign countries. In conclusion, the authors formulated specific proposals to the legislator in the field of reforming the system of regulation and protection of the results of scientific activity and scientific information.