Respect for Constitutional Rights of Individuals in Platform Economy

The paper dwells on the issue of respect for labor and social rights of individuals enshrined in the Constitution of the Russian Federation in sectors of the economy that are partially or completely switching to activities in an economic model based on the use of digital platforms (platform economy). The strengths and weaknesses of this method of organizing activities for workers employed in the industries under consideration are elucidated in the context of both labor and civil law relations, including workers having the status of self-employed workers. The main possible reasons for the transition of economic entities to activities within the framework of the platform economy, including with a change in the nature of legal relations, are justified through a set of objective (economic and social) and subjective (related to the education, abilities and motivation of a potential employee) reasons. Avito.ru Internet platform is monitored to find job vacancies, within which ensuring the proper implementation of сonstitutional rights of citizens is possible exclusively within the framework of labor legal relations. The analysis of the conditions of employment offered by actual employers reveals typical potential and actual violations of human rights in relation to both an employee and third parties. Based on the results of the analysis of practice, the author offers a number of measures aimed at eliminating the identified prerequisites for violating the constitutional rights of citizens. In particular, the ban on attracting persons as self-employed to perform work or provide services that pose a threat of violation of their rights or the rights of third parties in the event of this activity outside the framework of labor legal relations, as well as the possibility of recognizing civil law relations between the actual employer and an individual in the status of self-employed actual labor relations.