LEGAL REGULATIONS OF ELECTRONIC COMMERCE AS A PROMISING DIRECTION OF ECONOMIC ACTIVITY IN UKRAINE

Abstract

In article the author has examined the mechanisms of legal regulation of electronic commerce as a promising direction of economic activity in Ukraine. Also the author has identified the factors determining the active use of the information and telecommunications network in business activities and the prospects for the development of electronic commercial activity in Ukraine and all over the world. There is given the characteristic of the regulation mechanism for the e-commerce in Ukraine in the article. The key sources of EU legislation and UN acts, which contain European and international standards of legal regulation of electronic commercial activity, are highlighted: Recommendation CM/Rec(2018)2 of the Committee of Ministers to member States on the roles and responsibilities of internet intermediaries, Directive 2000/31/EC of the European Parliament and the Council "On some legal aspects of information services, in particular, electronic commerce, in the internal market”, Regulation (EU) no 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, EU Single Digital Market, UNCITRAL Model Law on Electronic Commerce (1996), UNCITRAL Model Law on Electronic Signatures with Guide to Enactment (2001). The main European and international standards of legal support for electronic commerce and the provision of information and telecommunication services are defined, in particular, the presumption of the absence of responsibility of the Internet intermediary for third-party content, the obligation of Internet intermediaries to respect the fundamental rights and freedoms of people in the digital environment, the presumption of equal legal force written and electronic transaction, prohibition of invalidating a transaction solely on the basis of its electronic form, etc. The national legislative sources of e-commerce regulation are also highlighted: the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Electronic Trust Services”, the Law of Ukraine “On Virtual Assets”, the Law of Ukraine “On Cloud Services”, the Law of Ukraine “On Payment Services”, the Law of Ukraine “On Protection of Information in Information and Communication Systems”, the Law of Ukraine “On Electronic Documents and Electronic Document Management”. The content of the special law in the field of electronic commercial activity, the Law of Ukraine “On Electronic Commerce”, was analyzed, the key advantages and disadvantages of this legal act were determined, and ways of improving the national legal provision for e-commerce were formulated.