About Some Features Related to the Resolution of Internet Disputes Arising from Online Marketplaces Transactions

Authors

  • Valeriya Melnik Ural State Law University named after V. F. Yakovlev

Keywords:

online dispute resolution, alternative dispute resolution, Internet disputes, collective proceedings, consumer protection

Abstract

In the article the author examines the features of Internet disputes arising from transactions made on marketplaces that affect the effectiveness of their resolution by state courts. Such features include: the cost of the average check of online transactions conducted through marketplaces in Russia; anonymization of Internet relations subjects, which determines the complexity of identifying the parties to Internet disputes; the complexity of the actual recovery of funds from the offender due to the cross-border nature of Internet transactions, especially given the sanctions; the possible massive nature of violations on the Internet, characteristic of relations arising on marketplaces, in the context of the current state of collective proceedings conducted by Russian courts.

The author concludes that the revealed features of Internet disputes on marketplaces do not allow recognizing the judicial procedure for their resolution as exclusively suitable for the effective protection of the rights and interests of participants in such relations. In this regard, the author suggests a mechanism to neutralize the identified features by establishing pre-trial resolution of such disputes directly by the marketplace, represented by the owner of the aggregator, who is significantly involved in the relationship between the parties to the dispute and has information, technical and legal capabilities for the most effective protection of their rights and interests.

The methodological basis of the study was the dialectical method, analysis, synthesis, abstraction, observation, as well as the functional method.

Published

2024-01-19