2024 Issue №1

The advancement of information technology and the digital economy pose a challenge that calls for developing specific legal approaches to comprehend phenomena such as marketplaces. This article reviews the stances adopted by Russian and international legislators regarding the understanding of marketplaces. It is shown that legislators apply a similar legal regulation logic and consider marketplaces as subjects in a legal relationship, defining them based on a set of distinctive traits. Some lawmakers take account of the general ambiguity in defining marketplaces given the existence of similar phenomena, such as online stores and information aggregators, and, consequently, establish additional criteria for recognising a specific online platform as a marketplace. This paper examines enforcement practices in the Russian Federation and other countries, uncovering legislative gaps, particularly concerning the complexities of marketplace civil liability. By consolidating research findings, a distinct set of features is formulated to differentiate marketplaces from similar phenomena like online stores and information aggregators. Furthermore, an approach is proposed, suggesting the consideration of marketplaces as a system of legal relationships. By using specific norms, this approach facilitates targeted regulation of private legal relationships between parties within this system. This necessity arises from the analysis of enforcement practices, as general norms of contract law are inadequate for properly regulating such relationships since these norms fail to consider the role of the key party, namely the marketplace.

This article analyses the theoretical provisions of international acts and domestic legislation regulating extradition and explores the interplay between international and national legal frameworks for extradition, focusing on a mechanism for safeguarding national interests within international treaties on extradition. The study follows the general research principle of objectivity, using, in particular, the formal legal method, abstraction, generalisation and general logical methods. The investigation of mechanisms for defending national interests when applying extradition norms made it possible to identify specific regulation problems. Factors hindering more effective implementation of the said provisions include their complexity, multi-level nature, insufficient legal regulation, the lack of bilateral treaties and the influence of national political dynamics on the implementation of international obligations. Analysing relevant legal norms and research perspectives leads to several conclusions. Firstly, there exists a fairly effective mechanism for safeguarding the national interests of countries party to multilateral international extradition treaties. Secondly, national legislation and regional or bilateral treaties can establish extradition conditions and procedures different from those outlined in universal international treaties for the sake of national interests. Thirdly, there is a need for improvement in the legal regulation of individual stages of the extradition procedure. These findings may be utilised in further research on extradition as a type of international cooperation in criminal proceedings. Therefore, comprehending the relationship between international and national extradition provisions is the key to a firm theoretical grasp of this institution and a common understanding of the legal phenomenon in research and law enforcement practice.