Are commodity aggregators good?
On Habré, I have several articles with bright headlines: someone likes it, but others don’t. But the essence is such that they fulfilled their purpose - they attracted attention, because it is difficult to propose a solution in these materials, but it is impossible not to report difficulties . The problem put in the title of the article is not just relevant here and now, but for the last 15 years it will not be known how much.
Everyone heard that a draft amendment to federal laws was issued under the common name of the package “On Commodity Aggregators”. And everyone probably read that the draft was submitted to a vote, which was not even discussed with the community. Even with Yandex.
What has been done by the main players?
')
Aside from jokes: let's better dip into the analysis of this strange "law." And not only him.
First, we read Rospotrebnadzor: “Since 2012, the number of complaints to Rospotrebnadzor regarding distance selling has increased 2.5 times and amounted to more than 34 thousand in 5 years. The main issues with consumer requests are violation of the procedure for returning goods, including inadequate quality, violation of the delivery time by the seller, and the seller’s refusal to meet consumer requirements.
It would seem that everything is logical and good . It seemed, if it were not for “would”: in the past, I don’t even know how much exactly, years often passing laws for some reason. As well as the law enforcement practice can not please me: let's say, instead of understanding what Bitcoin and digital money are, the Central Bank made a sharp criticism of cryptocurrency in 2014. This led to the fact that the advocates of this position - the Ministry of Finance, the Ministry of Internal Affairs, the UK, the Prosecutor's Office, Roskomnadzor and a number of other state bodies began to throw (and they still do so - it’s enough to recall, say, exmo recently) in the courts . Or recently: the effect of the "blue whale" led to mass statements about the restriction of access to the Internet, while in fact the UK and the Ministry of Internal Affairs should carry out preventive work, and Roskomnadzor should identify not convenient for closing, but really dangerous sites.
At the same time, the Central Bank itself (in 2016–2017) claims that the blockchain is a promising direction that needs not only to be studied, but also to be implemented. The result - the Russian legal field is overgrown with the grass of "lack of opportunities."
I will not touch the purely “political” laws, such as Federal Law No. 97-FZ of May 5, 2014 “On Amendments to the Federal Law“ On Information, Information Technologies and Information Protection ”...”, but I will say the following.
A similar approach, when the legal technique of acts adopted suffers even after 5 years of the adoption of one act or another (my favorite example is Federal Law No. 161, which killed the cryptocurrency market that was not born in 2011), and there is no strategic planning — very strongly and very negatively affects the market .
Here is a living example: in 2011-2012. analyzed the market. And I realized that the next step will be consolidation (it has already passed in the technology segment: just look at Eldorado, M-Video, E96, Sotmarket, Technosila, Euroset, Yulmart; still waiting for other segments), but this is a consolidation within the industry, and yet There is a consolidation of entry points. In this sense, commodity aggregators (TA) - a completely natural phenomenon.
And one of my friends - a businessman with experience, having implemented his own, already the second successful project in the IT sphere, decided to enter this industry. Yandex.Market was already there, and many others, like him, developed the direction: price, goods@mail.ru and others. But there are always niches that are not interesting to big ones, but very interesting to small and medium businesses.
Again, an example: PayOnline is an excellent Russian company, which was recently sold for reasonable money. She was able to develop in the market, where the head of Chronopay was imprisoned for a DDoS attack on the site Assist, and both firms were market leaders. What did the POS do? They found, in the words of M. Abasaliyev (at that time, the head of PayOnlineSystem) a niche in “small fish,” that is, in the same-sized business. And this, I remind you, just at the time of launching a super heavyweight on the market - PayPal, with which it is impossible, at its desire.
Now - back to the niche: there are those for those who are called (to be more precise) commodity aggregators. No wonder the way to create a single directory / site went, for example, W1, WebMoney and many others. There are also sites with affiliate programs, service-oriented sites, regional ones and many others.
At the same time, the state itself reserved the concept of an “electronic platform”, allocating a place in the state for the category. procurement.
But changing the name is not difficult, it is difficult when the co-society does not understand that prohibitive laws do not give anything positive. And here are a few abstracts on 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 indeed a scammer, then TA will suffer, losing the prepayment amount. And what will be objected to me? "We had to check!". Of course, even unconditionally, but you just need to understand that a business, a large one, in the first place, puts risks in the price. As soon as a critical mass is accumulated, and with our Law on the Protection of Consumer Rights and its developing regulations it can happen very soon, these measures can first of all be at the expense of the average consumer, not the terrorist consumer.
A simple example is “Google tax” (legally it is called completely different, but for simplicity I will put it this way): a few months ago from Adobe I received a notification (and not only me ) that the subscription would rise in price : from 7,300 to 15,000 with a little, that is, literally - twice . Of course, it is possible not to understand and accept this parallel, but unfortunately for me it is obvious.
Russian, including large companies, apparently, say again, as was the case with the arrival of major e-commerce players in the Middle Kingdom, that "China is not terrible for us." But is it? After all, Tao or Ali are also TA. E-bay is in Russia, but according to its head, in our country most of the goods, surprisingly, are purchased from abroad and this model is even wanted to be exported to other countries.
Further: if you look at the data of the Russian Post, namely this institution receives a huge flow of parcels from online stores, it can be noted that since 2015 the situation has not changed dramatically: “today more than 80% of international incoming mail arrives in Russia from the PRC , with this, in the first half of 2015, the volume of mail sent increased by 1.5 times compared with last year. ” Thus, with the tightening of the requirements for Russian TAs, the role of the Chinese may increase severalfold. In a word, everything is simple: the growth of competition after the adoption of the Law on TA may not happen, but rather the reverse process can be seen again.
Each of the two risks described can be divided into a number of components. But for now I will not do this, but I will propose simple steps to get out of the situation when laws enacted in the sphere of private law are based on the methods and principles of public law (to put it simply: 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 his profit due to non - observance of these theses , then he will finally move from crazy ideas of ACIT to real actions.
First, you should participate in the discussion of each important issue in the field . Not so long ago, I was lucky to write an article , the echoes of which exist in the current position not only of the Central Bank, but even of its ideological opponents. Another article has helped several dozens of people cope with the monopoly of cellular operators on the issue of binding 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 suggest specifics . Yes, let's say, the petition on the “Spring law” was not even properly considered (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, but the “Spring” norms still will change. Systematicity and duration are very important, unfortunately, for the time being, ourcivil IT society lacks this.
Thirdly, very soon the “law” on self-employed citizens will begin their victorious march (and there will be many others behind it: I’m not surprised if they even get to play 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 so that there will be no trace of this correctness and necessity. However, you decide.
Everyone heard that a draft amendment to federal laws was issued under the common name of the package “On Commodity Aggregators”. And everyone probably read that the draft was submitted to a vote, which was not even discussed with the community. Even with Yandex.
What has been done by the main players?
')
- Yandex has allocated the Market to a separate legal entity in order to separate the financial flows. habrahabr.ru/post/299110
- And much more…
Aside from jokes: let's better dip into the analysis of this strange "law." And not only him.
First, we read Rospotrebnadzor: “Since 2012, the number of complaints to Rospotrebnadzor regarding distance selling has increased 2.5 times and amounted to more than 34 thousand in 5 years. The main issues with consumer requests are violation of the procedure for returning goods, including inadequate quality, violation of the delivery time by the seller, and the seller’s refusal to meet consumer requirements.
It would seem that everything is logical and good . It seemed, if it were not for “would”: in the past, I don’t even know how much exactly, years often passing laws for some reason. As well as the law enforcement practice can not please me: let's say, instead of understanding what Bitcoin and digital money are, the Central Bank made a sharp criticism of cryptocurrency in 2014. This led to the fact that the advocates of this position - the Ministry of Finance, the Ministry of Internal Affairs, the UK, the Prosecutor's Office, Roskomnadzor and a number of other state bodies began to throw (and they still do so - it’s enough to recall, say, exmo recently) in the courts . Or recently: the effect of the "blue whale" led to mass statements about the restriction of access to the Internet, while in fact the UK and the Ministry of Internal Affairs should carry out preventive work, and Roskomnadzor should identify not convenient for closing, but really dangerous sites.
At the same time, the Central Bank itself (in 2016–2017) claims that the blockchain is a promising direction that needs not only to be studied, but also to be implemented. The result - the Russian legal field is overgrown with the grass of "lack of opportunities."
I will not touch the purely “political” laws, such as Federal Law No. 97-FZ of May 5, 2014 “On Amendments to the Federal Law“ On Information, Information Technologies and Information Protection ”...”, but I will say the following.
A similar approach, when the legal technique of acts adopted suffers even after 5 years of the adoption of one act or another (my favorite example is Federal Law No. 161, which killed the cryptocurrency market that was not born in 2011), and there is no strategic planning — very strongly and very negatively affects the market .
Here is a living example: in 2011-2012. analyzed the market. And I realized that the next step will be consolidation (it has already passed in the technology segment: just look at Eldorado, M-Video, E96, Sotmarket, Technosila, Euroset, Yulmart; still waiting for other segments), but this is a consolidation within the industry, and yet There is a consolidation of entry points. In this sense, commodity aggregators (TA) - a completely natural phenomenon.
And one of my friends - a businessman with experience, having implemented his own, already the second successful project in the IT sphere, decided to enter this industry. Yandex.Market was already there, and many others, like him, developed the direction: price, goods@mail.ru and others. But there are always niches that are not interesting to big ones, but very interesting to small and medium businesses.
Again, an example: PayOnline is an excellent Russian company, which was recently sold for reasonable money. She was able to develop in the market, where the head of Chronopay was imprisoned for a DDoS attack on the site Assist, and both firms were market leaders. What did the POS do? They found, in the words of M. Abasaliyev (at that time, the head of PayOnlineSystem) a niche in “small fish,” that is, in the same-sized business. And this, I remind you, just at the time of launching a super heavyweight on the market - PayPal, with which it is impossible, at its desire.
Now - back to the niche: there are those for those who are called (to be more precise) commodity aggregators. No wonder the way to create a single directory / site went, for example, W1, WebMoney and many others. There are also sites with affiliate programs, service-oriented sites, regional ones and many others.
At the same time, the state itself reserved the concept of an “electronic platform”, allocating a place in the state for the category. procurement.
But changing the name is not difficult, it is difficult when the co-society does not understand that prohibitive laws do not give anything positive. And here are a few abstracts on 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 indeed a scammer, then TA will suffer, losing the prepayment amount. And what will be objected to me? "We had to check!". Of course, even unconditionally, but you just need to understand that a business, a large one, in the first place, puts risks in the price. As soon as a critical mass is accumulated, and with our Law on the Protection of Consumer Rights and its developing regulations it can happen very soon, these measures can first of all be at the expense of the average consumer, not the terrorist consumer.
A simple example is “Google tax” (legally it is called completely different, but for simplicity I will put it this way): a few months ago from Adobe I received a notification (and not only me ) that the subscription would rise in price : from 7,300 to 15,000 with a little, that is, literally - twice . Of course, it is possible not to understand and accept this parallel, but unfortunately for me it is obvious.
Russian, including large companies, apparently, say again, as was the case with the arrival of major e-commerce players in the Middle Kingdom, that "China is not terrible for us." But is it? After all, Tao or Ali are also TA. E-bay is in Russia, but according to its head, in our country most of the goods, surprisingly, are purchased from abroad and this model is even wanted to be exported to other countries.
Further: if you look at the data of the Russian Post, namely this institution receives a huge flow of parcels from online stores, it can be noted that since 2015 the situation has not changed dramatically: “today more than 80% of international incoming mail arrives in Russia from the PRC , with this, in the first half of 2015, the volume of mail sent increased by 1.5 times compared with last year. ” Thus, with the tightening of the requirements for Russian TAs, the role of the Chinese may increase severalfold. In a word, everything is simple: the growth of competition after the adoption of the Law on TA may not happen, but rather the reverse process can be seen again.
Each of the two risks described can be divided into a number of components. But for now I will not do this, but I will propose simple steps to get out of the situation when laws enacted in the sphere of private law are based on the methods and principles of public law (to put it simply: instead of “everything that is not directly prohibited is allowed”, we get “allowed only that which is expressly permitted. ")
- Laws must take into account the interests of small businesses; the opposite approach is bad for virtually all players. Take the Federal Law No. 161: look again at Qiwi shares, what you know about RBC.Money, as well as the red tape with the same cryptocurrencies, which would not exist if the law passed in 2011 really adopted "under the market" and not for its separation. To do this, you must use the mainstream of the last two years - the blockchain, in my opinion. But this is a separate question. In addition, in the field of IT there are quite a few profitable and long-term projects, but precisely as a small and medium-sized business, while the TOP-100 runet retailers are investment projects.
- Laws in the field of “private law” cannot be based only 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 in popularity of LocalBitcoins after closing!
- Laws are simply obliged to take into account the latest trends in technological development (now expert councils are convened in fact, not before). Again, mass examples: the concept of "cryptocurrency" and Federal Law №161; blocking websites about cryptocurrencies and the entire pool of current laws on “money substitutes”; position on these phenomena from the Central Bank and the Ministry of Finance as a comparison.
- The legal technique of the laws should be improved. This phenomenon is purely professional and large-scale. Leave 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 his profit due to non - observance of these theses , then he will finally move from crazy ideas of ACIT to real actions.
What does this article give you as a freelancer, an IT company employee, an online entrepreneur, or even just someone who just wants to go into a high-tech business?
First, you should participate in the discussion of each important issue in the field . Not so long ago, I was lucky to write an article , the echoes of which exist in the current position not only of the Central Bank, but even of its ideological opponents. Another article has helped several dozens of people cope with the monopoly of cellular operators on the issue of binding 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 suggest specifics . Yes, let's say, the petition on the “Spring law” was not even properly considered (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, but the “Spring” norms still will change. Systematicity and duration are very important, unfortunately, for the time being, our
Thirdly, very soon the “law” on self-employed citizens will begin their victorious march (and there will be many others behind it: I’m not surprised if they even get to play 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 so that there will be no trace of this correctness and necessity. However, you decide.
Source: https://habr.com/ru/post/324394/
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