Основні проблеми правового регулювання цифрових трудових платформ в Україні

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.