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Legal Studies
Reference:
Bagreeva E.G., Shirochenskaya I.P.
Models of regulation of consumer behavior in the conditions of the sanctions regime
// Legal Studies.
2023. № 9.
P. 70-84.
DOI: 10.25136/2409-7136.2023.9.43549 EDN: YEJFMU URL: https://en.nbpublish.com/library_read_article.php?id=43549
Models of regulation of consumer behavior in the conditions of the sanctions regime
Bagreeva Elena Gennadievna
ORCID: 0000-0003-1407-1574
Professor, Department of Legal Regulation of Economic Activities, Financial University under the Government of the Russian Federation
125167, Russia, Moscow, Leningradsky Ave., 49/2
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bagreg@yandex.ru
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Other publications by this author
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Shirochenskaya Irina Petrovna
PhD in Economics
Associate Professor, Department of Marketing, Russian University of Economics named after G.V. Plekhanov
115184, Russia, Moscow, 1st Novokuznetsk lane, 5-7, office 103
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Shirotchenskaya.IP@rea.ru
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DOI: 10.25136/2409-7136.2023.9.43549
EDN: YEJFMU
Received:
10-07-2023
Published:
30-09-2023
Abstract:
The article discusses market trends and models of legal regulation of consumer behavior in a sanctioned economy. The subject of the study is the models of legal regulation of consumer behavior under sanctions. The relevance of the topic is due to the fact that currently the Russian consumer goods market (including premium ones) is going through quite difficult times due to the special military operation in Ukraine, which began in February 2022. The situation is complicated by factors such as the tightening of sanctions and the withdrawal of many Western manufacturers from the Russian market. In such conditions, legal regulation of consumer behavior becomes particularly important. The scientific novelty of this study consists in conducting a comparative analysis of models of legal regulation by responsible consumer behavior in the conditions of a sanctioned economy. The existing regulatory framework of the Russian Federation and the Islamic Republic of Iran is also analyzed. The comparative analysis carried out in the article allowed the authors to draw some conclusions, identify the main models of legal regulation of marketing management of responsible consumer behavior in the conditions of the sanctions economy and formulate a number of practically applicable recommendations. The implementation of the proposed recommendations will eliminate some of the negative effects that occur in the conditions of the sanctions economy and negatively affect the market situation, consumer behavior and the economy as a whole.
Keywords:
sanctions, behaviour, consumers, models, market, import substitution, demand, proposal, regulation, foreign experience
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You can find original text of the article here.
Consumer behavior is a widely researched problem in marketing. The literature highlights both general consumer behavior issues and more narrowly focused ones [1]. Consumer behavior refers to activities aimed at obtaining, consuming and disposing of goods, including decision-making processes that precede and follow these actions [2, 3]. As is known, the greatest influence on consumer behavior when choosing goods and services is exerted by price factors that directly affect the dynamics of demand in the market [4]. Nevertheless, in the presence of sanctions pressure, there is a change in the structure of the product offer on the market, which cannot but affect the change in consumer behavior [5]. Such changes in models and patterns of consumer behavior under the influence of economic sanctions are the subject of close study, both by marketers who provide economic justification for the ongoing processes, and by legal scholars who form a regulatory framework that allows regulating consumer behavior. Analysis of data from open sources allowed us to identify and structure trends in consumer markets (fashion clothing) of countries under pressure from sanctions. In this article, we will consider the Russian Federation and the Islamic Republic of Iran as an example. In the Russian Federation , we can identify the following trends: - reducing the consumption of premium products and following the savings strategy: according to the ROMIR research holding, since the beginning of 2022, Russian consumers have been demonstrating rational behavior: optimizing spending on food, everyday goods, transferring pre-selected goods to deferred demand, abandoning impulse purchases, switching to goods from domestic manufacturers. - ambiguous attitude of Russian consumers to the high price of fashionable goods. On the one hand, the high price of fashionable goods is perceived by consumers as an indicator of high quality, originality of the model, brand, strengthens consumer expectation of a long service life of the model. On the other hand, consumers negatively perceive the increase in prices on the market, which is reflected in the indicators of the average receipt: in 2022, the average receipt for the purchase of premium fashion goods decreased to 14 thousand rubles. There are stable patterns in consumer behavior in the form of willingness to make a secondary purchase on a retail platform or rent luxury goods. - formation of the consumer habit of buying fashionable goods, clothes, shoes, accessories through a variety of online channels: in online stores of companies, marketplaces, social networks. In 2021-2022, the number of online purchases of premium goods worth from 500 thousand to 1 million rubles increased sixfold in Russia, and the turnover of online stores selling goods in this price range increased 6.3 times during this period. - demonstration of interest in the fashion products of Russian designers, the transition to Russian designer premium brands, due to the positive attitude of consumers to them. - the use of parallel imports to purchase goods of premium Western brands through countries that are not subject to isolation and economic blockade. - switching to counterfeit products (imitations and replicas) of well-known foreign brands. The choice of the Islamic Republic of Iran as an object of analysis is due to the fact that this country has been most affected by long-term economic sanctions from the United States and NATO member countries. Over the past three decades, Iran's economy has been subject to various economic sanctions, including an oil embargo and other financial, banking and commercial sanctions. The sanctions had a strong impact on various economic indicators, affected the development of all sectors of the economy, harmed the entire population of the country, caused an economic crisis. Despite the US statements and short-term exclusions from the sanctions lists of food and VED, the sanctions led to an increase in absolute poverty of the population [6], disrupted the balance of the labor market [7, 8]. We can identify the following trends: 1) customer orientation, study of consumer needs by manufacturers and sellers, building long-term relationships with consumers. 2) the use of marketing tools and product differentiation; 3) the transition of consumers to purchase products of Iranian manufacturers (after the departure of international brands), as a result of the state's policy to support national production [9]; 4) state support to increase the number of shops selling clothes of local manufacturers; 5) encouragement by the state of local fabric manufacturers to produce products of higher quality, under the influence of changes in demand [10];
6) a significant increase in shopping on social networks. The results of the study showed that the quality of information, the security of transactions, the reputation of the company and its location have a significant impact on consumer confidence and their willingness to buy clothes through social networks [11]; 7) reducing the number of purchases of counterfeit products. According to studies conducted in Tehran, it has been shown that many consumers consider it ethical to buy counterfeit goods, since there are no strict laws and regulations in Iran to combat the production and supply of counterfeit products [12]. The analysis of the trends discussed above demonstrates that in the Russian Federation, unlike Iran, there is a lack of state support for initiatives to counter sanctions by market entities, as well as the use of parallel imports and the threat of increased acquisition of counterfeit products, which signals the need to regulate consumer behavior through regulatory and legal levers. Consider the aspects that are subject to legal regulation: 1. consumer protection under sanctions [13]; 2. stimulating demand for domestically produced goods; 3. stabilization of commodity prices; 4. advertising and competition under sanctions [14]; 5. providing parallel imports as a way to meet consumer demand; 6. prohibitions on the export of certain goods. In fact, those areas of marketing management of responsible consumer behavior that are directly related to the regulation of prices, demand, supply and protection of the rights of participants in the relationship are subject to regulation [15]. This allowed the authors to identify the main models of regulatory and legal regulation of responsible consumer behavior in the sanctioned economy (Table 1). Table 1 Models of legal regulation of marketing management of responsible consumer behavior in the sanctions economy | Model Element | Description | Examples of countries | | A model focused on stimulating supply and demand | The purpose of this model is to establish regulatory frameworks aimed at ensuring a balance of supply and demand. The elements of this model include: 1) implementation of the import substitution policy; 2) using parallel import tools;
3) maximum protection of consumer rights. | Russian Federation, Venezuela, Iran | | A model focused on sales promotion | The purpose of this model is to establish regulatory frameworks aimed at ensuring the sale of domestic goods. The elements of this model include: 1) regulation of prices for individual goods; 2) purchase of domestic goods by the state; 3) subsidizing the demand for domestic goods. | Iran, Venezuela | | A model focused on the development of competition | The purpose of this model is to establish regulatory frameworks aimed at ensuring the establishment of competitive business conditions. The elements of this model include: 1) creation of a separate body engaged in the promotion of domestic goods; 2) benefits and preferences in relation to advertising, established in relation to domestic producers. | Bangladesh | Source: compiled by the authors based on the analysis of the domestic and foreign regulatory framework for marketing management of responsible consumer behavior in the sanctioned economy As a rule, a country under sanctions uses a mixed model of legal regulation of marketing management of responsible consumer behavior in a sanctioned economy. This is especially true for countries that are in a full-scale sanctions regime aimed at multiple areas of the economy at once. A striking example is the Islamic Republic of Iran, the nature of whose sanctions regime has outstripped the relevance of the Iranian experience for Russia: - The widest set of restrictions was also used against Iran. - there are limited opportunities for Iranian oil exports, as well as imports of necessary industrial goods and equipment. - as with Russia, sanctions were imposed on several political issues at once. At the same time, Iran is implementing its anti-sanctions policy quite effectively. For Russia, the most significant is the experience of applying restrictive measures against the Islamic Republic of Iran, as well as its experience in adapting and countering sanctions. As an example, we will give the formed model of economic relations of market entities, called the "economy of resistance": survival mechanisms, such as the creation of an instrument to support trade settlements INSTEX - (Instrument in Support of Trade Exchanges), conducting barter trade operations with many European countries, the use of national currencies in settlements, such as with China [16]. In addition, Iran has typological similarities with Russia, being a major exporter of oil and gas [17]. We will conduct a comparative analysis of the regulatory framework of the Russian Federation and the Islamic Republic of Iran and present it in Table 2. Table 1 Comparative analysis of the regulatory framework of the Russian Federation and the Islamic Republic of Iran
| Criteria for comparison | Russian Federation | Iran | | The nature of sanctions | Full - scale | Full - scale | | Consumer protection under sanctions | Recommendation of the EEC Board No. 42 dated 08.11.2022 "On the list of priority measures aimed at protecting consumer rights". The EEC has approved a list of priority measures to protect consumer rights in the implementation of measures to increase the sustainability of the economies of the EAEU member states. The Government decided to expand the list of cases when the reserve of the state fund can be used to stabilize the domestic price of agricultural products (including sugar) (Decree of the Government of the Russian Federation No. 235 of 02/28/2022 "On Amendments to the Rules for the Purchase of Agricultural Products from Agricultural Producers and (or) Organizations and Individual Entrepreneurs Engaged in Primary and (or) subsequent (industrial) processing of agricultural products produced by agricultural producers on the territory of the Russian Federation, in the process of conducting public procurement interventions and its implementation"). | It was not the subject of a separate discussion within the framework of the anti-sanctions policy. However, in 2003, the Law on Consumer Protection was adopted. | | Legal regulation of stabilization of prices for goods | The Government has taken measures to stabilize prices for significant agricultural products, including the establishment of a ban on the export of certain goods, as well as the introduction of export duties. The Government decided to expand the list of cases when the reserve of the state fund can be used to stabilize the domestic price of agricultural products (including sugar). | The legislative base of the Islamic Republic of Iran is quite extensive and reflects the social orientation of the state to ensure social protection of the population in sanctions conditions. Prices for individual groups of goods are set only after agreement with the manufacturer. The Organization of Consumer and Producer Rights Protection takes part in the approval procedure. The relevant provisions are fixed in the Decree of the Government of Iran No. X24505T/6954 dated 22.02.1380 S.H. (12.05.2001).
Separately, the government sets the price for services and goods that are produced in conditions of complete absence of competition, i.e. in the presence of certain benefits from the state (benefits for the payment of customs duties on the import of raw materials, exemption from payment, preferential exchange rate for imports, etc.). | | Stimulating demand | In accordance with the Letter of the Ministry of Education of the Russian Federation dated 03/25/2022 No. 04-233 "On the use of the Import Substitution Exchange service", due to a significant increase in demand for domestic industrial products, the Ministry of Industry and Trade of the Russian Federation launched a new online service for direct interaction between Russian manufacturing companies and customers. | The plan on targeted subsidies from 2010 assumed several step-by-step steps to switch financial support for supply to supply demand with subsidies [18]. | | Legal regulation of advertising and competition under sanctions | A ban on advertising prohibited software has been established (Federal Law No. 259-FZ of 14.07.2022 "On Amendments to the Code of Administrative Offences of the Russian Federation"). Facebook Instagram, a number of social networks have been recognized as extremist (The decision of the Tverskoy Court of Moscow in case No. 02-2473/2022 of March 21, 2022). | There is a ban on streaming services (Youtube) [19]. The Law "On the Press" establishes strict limits and requirements for advertising (prohibition of advertising of certain types of goods, censorship). | | Parallel import as a way to meet consumer demand | Federal Law No. 213-FZ dated 06/28/2022 "On Amendments to Article 18 of the Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation" was adopted. The use of the exclusive right to the results of intellectual activity expressed in goods from the approved list and means of individualization with which such goods are labeled is not a violation. These measures will allow legal entities registered in the Russian Federation importing goods without the permission of the copyright holder (parallel import) to avoid criminal, administrative or civil liability. | Parallel imports were carried out under the control of the mechanism created under the President [20]. | | Bans on the export of goods | On March 10, 2022, the Decree of the Government of the Russian Federation No. 311 of 09.03.2022 "On measures to implement the Decree of the President of the Russian Federation No. 100 of March 8, 2022", the Decree of the Government of the Russian Federation No. 312 of 09.03.2022 "On the Introduction on a temporary basis of a permissive procedure for the export of certain types of goods outside the Territory of the Russian Federation", the Resolution The Government of the Russian Federation dated 09.03.2022 No. 313 "On measures to implement the Decree of the President of the Russian Federation dated March 8, 2022 No. 100" restricting the export of goods outside the Russian Federation. |
A ban on the export of essential goods was introduced. | Source: compiled by the authors based on the analysis of data from the official websites of the authorities of the analyzed countries, available studies, regulations and data available in the media. The analysis carried out in the article allowed: 1. Identify and structure trends in consumer markets of countries under pressure from sanctions. 2. To identify the main models of legal regulation of marketing management of responsible consumer behavior in the sanctioned economy: a model focused on stimulating supply and demand; on sales promotion; on the development of competition. 3. Recommend: - strengthen state support to market entities – producers and sellers of domestic products - it is recommended to accelerate the development of local production - replace the regulation of prices for socially significant commodity groups by regulating the validity of their changes. - the introduction of such a support measure for the self-employed as tax holidays (until the end of 2023 with the possibility of extension), which will allow to some extent compensate for costs and maintain the level of income ; - the introduction of a special deflator coefficient when determining the upper income limit for the self-employed in order to correct it upward, taking into account inflation.
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A REVIEW of an article on the topic "Models of regulatory regulation of consumer behavior management in the conditions of the sanctions regime". The subject of the study. The article proposed for review is devoted to topical issues of the correlation of Russian legislation and the practice of its application in the context of sanctions from the point of view of consumer behavior with the law of Iran in order to identify optimal regulation in these conditions. The article states that "The analysis of data from open sources allowed us to identify and structure trends in consumer markets (fashion) of countries under pressure from sanctions." The subject of the study was the norms of Russian legislation, the provisions of the law of other countries, the opinions of scientists, materials of law enforcement practice. Research methodology. The purpose of the study is not stated directly in the article. At the same time, it can be clearly understood from the title and content of the work. The goal can be designated as the consideration and resolution of certain problematic aspects of the issue of determining the trend of consumer markets (fashion) of countries under pressure from sanctions. Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic, as well as draw specific conclusions from practical materials and statistical data. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the norms of current legislation (first of all, the norms of the legislation of the Russian Federation and other countries). For example, the following conclusion of the author: "Federal Law No. 213-FZ dated 06/28/2022 "On Amendments to Article 18 of the Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation" was adopted. The use of the exclusive right to the results of intellectual activity expressed in goods from the approved list and the means of individualization with which such goods are labeled is not a violation. These measures will allow legal entities registered in the Russian Federation importing goods without the permission of the copyright holder (parallel import) to avoid criminal, administrative or civil liability." The possibilities of an empirical research method related to the study of practice materials and statistical data should be positively assessed. In particular, we point to the following conclusion: "the ambiguous attitude of Russian consumers to the high price of fashionable goods. On the one hand, the high price of fashionable goods is perceived by consumers as an indicator of high quality, originality of the model, brand, strengthens consumer expectation of a long service life of the model. On the other hand, consumers negatively perceive the increase in prices in the market, which is reflected in the indicators of the average receipt: in 2022, the average receipt for the purchase of premium fashion goods decreased to 14 thousand rubles. There are stable patterns in consumer behavior in the form of willingness to make a secondary purchase on a retail platform or rent luxury goods." Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of regulating consumer relations in the context of sanctions is difficult. It is necessary to take into account objective social and economic changes in society, changes in the behavior patterns of citizens. The author of the article is right that "reducing consumption of premium products and following an economy strategy: according to the ROMIR research holding, since the beginning of 2022, Russian consumers have been demonstrating rational behavior: optimizing spending on food, consumer goods, transferring pre-selected goods to deferred demand, abandoning impulse purchases, switching to goods from domestic manufacturers". Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. First, it is expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "The analysis carried out in the article allowed: 1. Identify and structure trends in consumer markets of countries under pressure from sanctions. 2. To identify the main models of legal regulation of marketing management of responsible consumer behavior in the sanctions economy: a model focused on stimulating supply and demand; on sales promotion; on the development of competition." These and other theoretical conclusions can be used in further scientific research. Secondly, the author has proposed original ideas related to improving regulation in this area. So, the author recommended "- to strengthen state support to market entities – manufacturers and sellers of domestic products; - accelerate the development of local production; - to replace the regulation of prices for socially significant commodity groups by regulating the validity of their changes." Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Legal Studies", as it is devoted to legal problems related to the development of Russian consumer and business legislation. The content of the article fully corresponds to the title, as the author has considered the stated problems, and has generally achieved the purpose of the study. The quality of the presentation of the study and its results should be recognized as fully positive. The subject, objectives, methodology and main results of the study follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia and abroad (Alikperova N.V., Chepurova I.F., Presnyakov A.A., Timofeev I.N., Sokolshchik Y.S., Morozov V.A., Aghajanian Sh., Ebrahimi A., Khorshidi G. H., Hajipour B., Jafarzadeh K. and others). Thus, the works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. All quotes from scientists are accompanied by author's comments. That is, the author shows different points of view on the problem and tries to argue for a more correct one in his opinion. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the presence in it of the author's systematized positions in relation to the directions of development of consumer and business legislation in Russia in connection with changes in consumer behavior under sanctions regimes. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing"
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