服务业的数字化:监管障碍

O. Zhevnyak, E. Shablova
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引用次数: 0

摘要

第四次工业革命与现代技术对社会各个领域的重大影响有关。服务数字化带来了新的服务类型、提供者、提供方式和消费方式。这些服务受不同法律部门的管制。笔者对民事法律规制进行了探讨。其目的是探索政府对数字经济中服务的监管。作者试图回答以下问题。国家有能力监管数字化吗?这个规定有必要吗?没有它能行吗?数字化的障碍是什么:国家监管、缺乏监管还是监管方法?克服这些障碍的方法是什么?服务监管将如何发展?方法。对服务监管的民法方法、对数字经济监管变化的实践、对第四次工业革命的本质进行了一致的分析。结果,确定了服务数字化发展的监管障碍,提出了克服这些障碍的建议,并对监管的发展进行了预测。结果。阻碍服务数字化发展的障碍可能是国家监管的积压、国家监管的限制性和合同关系的强制性监管。已经提出了克服这些障碍的建议。俄罗斯使用的是数字经济的监管,这是一种允许和强制的性质,而灵活的监管及其去中心化,参与者引进和使用新技术和新产品的自由是必要的。在第四次工业革命时期,国家的监管将明显滞后于快速发展的关系,因此监管的中心将从国家转向参与者。大型服务提供商可以成为这种灵活的监管中心。
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Digitalization in Services: Barriers of Regulation
The Fourth Industrial Revolution is associated with a significant impact of modern technology in all areas of society. Digitalization of services leads to new types of services, its providers, ways of provision and consumption. The services are regulated by different branches of law. The authors investigated the civil law regulation. The goal was to explore government regulation of services in the digital economy. The authors tried to answer the following questions. Is the state able to regulate digitalization? Is this regulation necessary? Is it possible to do without it? What are the barriers to digitalization: state regulation, its absence or methods of regulation? What are the ways to overcome these barriers? How will the regulation of services develop? Methods. The consistent analysis of the civil law method of the regulation of the services, of the practice of changes in the regulation of the digital economy, of the essence of the Fourth Industrial Revolution, has been carried out. As a result, the regulatory barriers for the development of digitalization of services have been identified, the proposals for overcoming the barriers have been made, and the development of regulation has been forecasted. Results. The barriers to the development of digitalization of services may be the backlog of state regulation, restrictive state regulation and imperative regulation of contractual relations. The suggestions for overcoming these barriers have been made. Russia uses the regulation of the digital economy, which is of a permissive and imperative nature, while the flexible regulation and its decentralization, the freedom of participants to introduce and use new technologies and products are necessary. During the Fourth Industrial Revolution, the state will significantly lag in regulation from rapidly developing relations, therefore the center of regulation will shift from the state to the participants. The large service providers can become such flexible regulatory centers.
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