March 20, 2017 at 16:32Are commodity aggregators good?
On Habré I have several articles with bright headings: someone likes it, but someone doesn’t. But the point is that they fulfilled their goal - they attracted attention, because it is difficult to propose a solution in these materials, but not reporting difficulties is impossible . The problem brought up in the title of the article is not just relevant here and now, but the last 15 years and still will not be known how much.
Everyone heard that a draft amendment to federal laws had been released under the common name of the package “On Commodity Aggregators”. And everyone probably read that, as a result, a draft was submitted for voting, which was not even discussed with the community. Even with Yandex.
What has been done by the main players?
Except for jokes: let's better plunge into the analysis of this strange "law". And not only him.
First, we read Rospotrebnadzor: “Since 2012, the number of complaints to Rospotrebnadzor on distance trading has grown 2.5 times and amounted to more than 34 thousand over 5 years. The main issues in consumer appeals are violation of the procedure for returning goods, including inadequate quality, violation by the seller of the delivery time and refusal of the seller to satisfy consumer requirements. ”
It would seem that everything is logical and good.. It seemed if it weren’t for “in the past”: in recent years, I don’t even know exactly how many years, laws have often been adopted for some reason. As well as law enforcement practice cannot please me: let's say, instead of understanding what Bitcoin and digital money are, the Central Bank issued a sharp criticism of cryptocurrencies in 2014. This led to the fact that the apologists of this position - the Ministry of Finance, the Ministry of Internal Affairs, the Investigative Committee, the Prosecutor's Office, Roskomnadzor and a number of other government bodies began to throw (and still do - just remember, say, exmo blocking recently) in the courts of the case on sites on this subject . Or recently: the effect of the “blue whale” has led to widespread allegations of restricting access to the Internet, while in reality the IC and the Ministry of Internal Affairs should carry out preventive work, and Roskomnadzor should identify really dangerous sites that are not convenient for closure.
At the same time, the Central Bank itself (in 2016-2017) claims that blockchain is a promising area that needs not only to be studied, but also implemented. The result - the Russian legal field is overgrown with grass of "lack of opportunities."
I won’t touch purely “political” laws, as we say Federal Law No. 97-ФЗ dated May 5, 2014 “On Amending the Federal Law“ On Information, Information Technologies and the Protection of Information “...”, but I’ll better say the following.
A similar approach, when the legal technique of the adopted acts suffers even after 5 years of adopting one or another act (my favorite example is Federal Law No. 161, which just killed the cryptocurrency market that was not born in 2011 ), and there is no strategic planning - it’s very, very negative affects the market.
Here is a living example: in 2011-2012. analyzed the market. And I realized that the next stage will be consolidation (it has already passed in the technology segment: just look at Eldorado, M-Video, E96, Sotmarket, Technosila, Euroset, Yulmart; it is still awaiting other segments), but this is intra-industry consolidation, and yet there is a consolidation of entry points. In this sense, commodity aggregators (TAs) are a completely natural phenomenon.
And here is one acquaintance of mine - a businessman with experience, having realized his second successful project in the IT field, decided to enter this industry. Yandex.Market was already there then, and others like it, and many others developed the direction: price, goods@mail.ru and others. But there are always niches that are not interesting to big, but very interesting to small and medium-sized businesses.
Again, an example: PayOnline is an excellent Russian company, which was recently sold for a reasonable price. It was able to develop in a market where the head of Chronopay was seized for a DDoS attack on the Assist website, and both companies are market leaders. What did the POS do? According to the words of M. Abasaliev (at that time - the head of PayOnlineSystem) they found a niche in the "small fish", that is, in the same size business. And this, I remind you, just at the time of entering the heavyweight market - PayPal, with which to compete, if desired, is generally impossible.
Now - back to the niche: there are those for those who are called (or rather) commodity aggregators. It is not for nothing that, for example, W1, WebMoney and many others went along the path of creating a single catalog / site. There are platforms with affiliates, platforms focused on services, regional and many others.
At the same time, the state itself retained the concept of an “electronic platform”, having allocated a place in the state for the category. procurement.
But changing the name is not difficult, it is difficult when co-society does not understand that prohibitive laws do not give anything positive. And here are a few theses in the Federal Law “On Commodity Aggregators”.
In comments on the web, he noted that many believe that, from the point of view of consumers, the new law is “true good.” Potentially, yes. But is this from the point of view of the overall assessment? If the store is really a scammer, then the TA will suffer, having lost the amount of prepayment. And what, they will object to me? “We had to check!” Of course, even unconditionally, but you just need to understand that a large business, first of all, lays risks in the price. As soon as a critical mass has been accumulated, and with our Law on the Protection of Consumer Rights and its developing decrees, this can happen very soon, these measures can be hit primarily by the average consumer and not by the terrorist consumer.
A simple example is the “Google tax” (legally it is called completely differently, but for simplicity I’ll put it this way): a few months ago I received a notification from Adobe (and not only me ) that a subscription would go up in price : from 7,300 to 15,000 with a small, that is literally - twice . Of course, you can not understand and not perceive this parallel, but for me, unfortunately, it is obvious.
Apparently, Russian companies, including large companies, are again saying, as was the case with the arrival of major e-commerce players in the Middle Kingdom, that "China is not afraid of us." But is it? After all, Tao or Ali is also TA. E-bay is in Russia, but according to its head - in our country, most of the goods, surprisingly, are purchased from abroadand they even want to export this model to other countries.
Further: if you look at the data of the Russian Post, namely this institution receives a huge stream of parcels from online stores, it can be noted that the situation has not changed dramatically since 2015: “today more than 80% of international incoming mail comes to Russia from China , with for the first half of 2015, the volume of forwarded mail increased by 1.5 times compared to last year. ” Thus, with the tightening of requirements for Russian TAs, the role of Chinese ones can increase even multiple. In a word, everything is simple: the growth of competition after the adoption of the Law on TA may not occur, but rather, the reverse process can again be seen.
Each of the two described risks can be divided into a number of components. But for now I will not do this, but I will offer simple steps to get out of a situation where laws adopted in the field of private law are based on the methods and principles of public law (in simpler terms: instead of “everything that is not directly prohibited is allowed,” we get “allowed only that which is expressly permitted ”).
You can, of course, smile and say that “all this will not work,” but I know and even believe that business loves and knows how to count money. If he is shown how he loses profit due to non - observance of these theses , then he will finally move from the crazy ideas of AKIT to real actions.
Firstly, you should participate in the discussion of each important issue in the field . Not so long ago, I was lucky to write an article whose echoes are in the current position of not only the Central Bank, but even its ideological opponents. Another article helped dozens of people cope with the monopoly of mobile operators regarding the issue of linking the phone to electronic wallets. Step by step is not idealization, but, on the contrary, a real action that can solve even the biggest problems .
Secondly, it is important not only to discuss, but also to offer specifics. Yes, let's say, the petition under the “Spring Law” was not even considered properly (and without complaints, it would not have been considered at all), but at the same time, the TA Law under discussion has not yet been adopted and there is something to fight for, and the “Spring” norms still will change. The consistency and duration is very important, unfortunately, while ourcivil society in the IT is not enough.
Thirdly, very soon the “law” on self-employed citizens will begin its victorious march (and there will be many others behind it: I’m not surprised if they even reach the game money and bonus cards), which means that you need to immediately understand that the state never does anything for nothing. Therefore, any temporary delays are only temporary delays. It is much more important to understand the system of significant innovations. Say, where you win as a consumer, do you win on a long-term basis, or again only temporarily? And what exactly and why do you win?
PS The TA Law is correct and necessary, it is simply formulated now in such a way that there is no trace of this correctness and necessity. However, you decide.
Everyone heard that a draft amendment to federal laws had been released under the common name of the package “On Commodity Aggregators”. And everyone probably read that, as a result, a draft was submitted for voting, which was not even discussed with the community. Even with Yandex.
What has been done by the main players?
- Yandex has allocated the Market as a separate legal entity in order to share financial flows. habrahabr.ru/post/299110
- And much more…
Except for jokes: let's better plunge into the analysis of this strange "law". And not only him.
First, we read Rospotrebnadzor: “Since 2012, the number of complaints to Rospotrebnadzor on distance trading has grown 2.5 times and amounted to more than 34 thousand over 5 years. The main issues in consumer appeals are violation of the procedure for returning goods, including inadequate quality, violation by the seller of the delivery time and refusal of the seller to satisfy consumer requirements. ”
It would seem that everything is logical and good.. It seemed if it weren’t for “in the past”: in recent years, I don’t even know exactly how many years, laws have often been adopted for some reason. As well as law enforcement practice cannot please me: let's say, instead of understanding what Bitcoin and digital money are, the Central Bank issued a sharp criticism of cryptocurrencies in 2014. This led to the fact that the apologists of this position - the Ministry of Finance, the Ministry of Internal Affairs, the Investigative Committee, the Prosecutor's Office, Roskomnadzor and a number of other government bodies began to throw (and still do - just remember, say, exmo blocking recently) in the courts of the case on sites on this subject . Or recently: the effect of the “blue whale” has led to widespread allegations of restricting access to the Internet, while in reality the IC and the Ministry of Internal Affairs should carry out preventive work, and Roskomnadzor should identify really dangerous sites that are not convenient for closure.
At the same time, the Central Bank itself (in 2016-2017) claims that blockchain is a promising area that needs not only to be studied, but also implemented. The result - the Russian legal field is overgrown with grass of "lack of opportunities."
I won’t touch purely “political” laws, as we say Federal Law No. 97-ФЗ dated May 5, 2014 “On Amending the Federal Law“ On Information, Information Technologies and the Protection of Information “...”, but I’ll better say the following.
A similar approach, when the legal technique of the adopted acts suffers even after 5 years of adopting one or another act (my favorite example is Federal Law No. 161, which just killed the cryptocurrency market that was not born in 2011 ), and there is no strategic planning - it’s very, very negative affects the market.
Here is a living example: in 2011-2012. analyzed the market. And I realized that the next stage will be consolidation (it has already passed in the technology segment: just look at Eldorado, M-Video, E96, Sotmarket, Technosila, Euroset, Yulmart; it is still awaiting other segments), but this is intra-industry consolidation, and yet there is a consolidation of entry points. In this sense, commodity aggregators (TAs) are a completely natural phenomenon.
And here is one acquaintance of mine - a businessman with experience, having realized his second successful project in the IT field, decided to enter this industry. Yandex.Market was already there then, and others like it, and many others developed the direction: price, goods@mail.ru and others. But there are always niches that are not interesting to big, but very interesting to small and medium-sized businesses.
Again, an example: PayOnline is an excellent Russian company, which was recently sold for a reasonable price. It was able to develop in a market where the head of Chronopay was seized for a DDoS attack on the Assist website, and both companies are market leaders. What did the POS do? According to the words of M. Abasaliev (at that time - the head of PayOnlineSystem) they found a niche in the "small fish", that is, in the same size business. And this, I remind you, just at the time of entering the heavyweight market - PayPal, with which to compete, if desired, is generally impossible.
Now - back to the niche: there are those for those who are called (or rather) commodity aggregators. It is not for nothing that, for example, W1, WebMoney and many others went along the path of creating a single catalog / site. There are platforms with affiliates, platforms focused on services, regional and many others.
At the same time, the state itself retained the concept of an “electronic platform”, having allocated a place in the state for the category. procurement.
But changing the name is not difficult, it is difficult when co-society does not understand that prohibitive laws do not give anything positive. And here are a few theses in the Federal Law “On Commodity Aggregators”.
In comments on the web, he noted that many believe that, from the point of view of consumers, the new law is “true good.” Potentially, yes. But is this from the point of view of the overall assessment? If the store is really a scammer, then the TA will suffer, having lost the amount of prepayment. And what, they will object to me? “We had to check!” Of course, even unconditionally, but you just need to understand that a large business, first of all, lays risks in the price. As soon as a critical mass has been accumulated, and with our Law on the Protection of Consumer Rights and its developing decrees, this can happen very soon, these measures can be hit primarily by the average consumer and not by the terrorist consumer.
A simple example is the “Google tax” (legally it is called completely differently, but for simplicity I’ll put it this way): a few months ago I received a notification from Adobe (and not only me ) that a subscription would go up in price : from 7,300 to 15,000 with a small, that is literally - twice . Of course, you can not understand and not perceive this parallel, but for me, unfortunately, it is obvious.
Apparently, Russian companies, including large companies, are again saying, as was the case with the arrival of major e-commerce players in the Middle Kingdom, that "China is not afraid of us." But is it? After all, Tao or Ali is also TA. E-bay is in Russia, but according to its head - in our country, most of the goods, surprisingly, are purchased from abroadand they even want to export this model to other countries.
Further: if you look at the data of the Russian Post, namely this institution receives a huge stream of parcels from online stores, it can be noted that the situation has not changed dramatically since 2015: “today more than 80% of international incoming mail comes to Russia from China , with for the first half of 2015, the volume of forwarded mail increased by 1.5 times compared to last year. ” Thus, with the tightening of requirements for Russian TAs, the role of Chinese ones can increase even multiple. In a word, everything is simple: the growth of competition after the adoption of the Law on TA may not occur, but rather, the reverse process can again be seen.
Each of the two described risks can be divided into a number of components. But for now I will not do this, but I will offer simple steps to get out of a situation where laws adopted in the field of private law are based on the methods and principles of public law (in simpler terms: instead of “everything that is not directly prohibited is allowed,” we get “allowed only that which is expressly permitted ”).
- Laws should take into account the interests of small businesses; the opposite approach is bad for virtually all players. Take Federal Law No. 161: look again at the Qiwi shares, what you know about RBC.Money, and also the red tape with the same cryptocurrencies, which would not exist if the law adopted in 2011 really were adopted "under the market", and not for its separation. To do this, you must use the mainstream of the last two years - blockchain, in my opinion. But this is a separate issue. In addition, in the field of IT there are not a few profitable and long-term projects, but precisely as small and medium-sized businesses, while the TOP-100 Runet retailers are investment projects.
- Laws in the field of “private law” cannot be based solely on sanctions : fines, blockages and other methods of “struggle” lead to the fact that economically and legally projects leave the jurisdiction of the Russian Federation. Remember the rise of LocalBitcoins after closing!
- Laws are simply obliged to take into account the latest trends in technological development (now expert councils are convened on the fact, and not before). Again there are a lot of examples: the concept of “cryptocurrencies” and Federal Law No. 161; blocking cryptocurrency sites and the entire pool of current laws on “money surrogates”; the position on these phenomena from the Central Bank and the Ministry of Finance as a comparison.
- The legal technique of laws should be improved. This phenomenon is purely professional and large-scale. I’ll leave it just as a thesis.
You can, of course, smile and say that “all this will not work,” but I know and even believe that business loves and knows how to count money. If he is shown how he loses profit due to non - observance of these theses , then he will finally move from the crazy ideas of AKIT to real actions.
What does this article give you as a freelancer, an employee of an it company, an online entrepreneur, or even just a person who just wants to get involved in a high-tech business?
Firstly, you should participate in the discussion of each important issue in the field . Not so long ago, I was lucky to write an article whose echoes are in the current position of not only the Central Bank, but even its ideological opponents. Another article helped dozens of people cope with the monopoly of mobile operators regarding the issue of linking the phone to electronic wallets. Step by step is not idealization, but, on the contrary, a real action that can solve even the biggest problems .
Secondly, it is important not only to discuss, but also to offer specifics. Yes, let's say, the petition under the “Spring Law” was not even considered properly (and without complaints, it would not have been considered at all), but at the same time, the TA Law under discussion has not yet been adopted and there is something to fight for, and the “Spring” norms still will change. The consistency and duration is very important, unfortunately, while our
Thirdly, very soon the “law” on self-employed citizens will begin its victorious march (and there will be many others behind it: I’m not surprised if they even reach the game money and bonus cards), which means that you need to immediately understand that the state never does anything for nothing. Therefore, any temporary delays are only temporary delays. It is much more important to understand the system of significant innovations. Say, where you win as a consumer, do you win on a long-term basis, or again only temporarily? And what exactly and why do you win?
PS The TA Law is correct and necessary, it is simply formulated now in such a way that there is no trace of this correctness and necessity. However, you decide.