Abstract:
У статті досліджено проблеми правового регулювання цифрових трудових платформ в
Україні, оскільки розвиток гіг-платформ значно випередив формування механізмів правового
регулювання цієї інституції. Розглянуто питання щодо законодавчого закріплення статусу, прав,
обов’язків та відповідальності цифрових платформ в їх відносинах із споживачами, робітниками
(співпрацівниками), підрядчиками та іншими партнерами. The relevance of the topic of the article is explained by the rapid development of digital labor platforms,
which significantly change the world of work and business. This applies to many countries, between them
– and Ukraine. According to scientists and practitioners, the development of platforms has significantly
outstripped the formation of mechanisms for legal regulation of these entities and their activities. At the
same time, their role in the economy has significantly increased. It is these circumstances that dictate the
need to eliminate this lag. Meanwhile, the scientific development of issues of improving the mechanism
of legal regulation is concentrated today only around some of them. This is, for example, determining the
status of workers engaged in labor activities through platforms, the application of competition legislation
in the platform economy, etc. However, researchers, in our opinion, do not pay enough attention, for
example, to the legal status of the digital labor platforms themselves, the regulation of their relations with
state bodies, international legal aspects and some others. Based on the understanding of these entities as
enterprises, legally they can be interpreted as business entities, employers, although there are attempts to
present them as purely intermediary structures. But it cannot be denied that often, or in a certain part, they
play the role of not only just intermediaries, but also participate in creating value (value).
So the first problem is precisely to thoroughly determine, in advance, everything on the basis of
the law, the status, rights, obligations and responsibilities of platforms in their relations with consumers,
workers (employees), contractors and other partners. Further: taking into account that in Ukraine there are
practically no own large platforms, an important problem is the need to adopt regulations that would
facilitate the creation of these subjects of at least the average level and, perhaps, also provide certain
benefits for some of them (for example, in the field of mutual lending, etc.). It aims to protect users from
illegal goods, content or services, as well as to protect their fundamental rights on the Internet. The DMA,
for its part, should promote user access to digital markets, therefore, one of the main places in it is
occupied by regulatory provisions on the duties and principles of the activities of the largest online
companies, the so-called «gatekeepers». It is also worth paying attention to the Model Rules on Online
Platforms developed by the European Law Institute. Report of the European Law Institute. 2019». This,
together with other measures, will contribute to the integration of our state into the Digital Single Market
of the European Union. Significant assistance in developing its own mechanism of legal regulation of
digital labor platforms can be provided by the relevant experience of the PRC, given that its legislator and
lawyers actively use the EU's experience and actively adapt it to their own conditions and goals.
