Legal regulations of electronic commerce under the conditions of the development of the digital economy in Ukraine

Abstract

The article highlights the main legal principles of e-commerce regulation in the context of the development of the digital economy in Ukraine. On the basis of scientific and legal analysis, the peculiarities of electronic commerce as one of the forms of economic activity that arose in the conditions of the digital economy are determined. It is substantiated that e-commerce is the type of electronic business, which involves the sale of goods or services, as well as related processes, remotely using information and communication technologies.
 The main scientific approaches to understanding the content of electronic commerce and its elements are characterized. The advantages of e-commerce in comparison with other forms of economic activity are outlined. It has been proven that an important condition for the functioning of electronic commerce is the presence of payment systems that allow making payments on the Internet or in another remote way.
 A review of statistical data regarding the current state of development of e-commerce in Ukraine was conducted and conclusions were drawn about further directions for the development of this form of economic activity.
 Acts of national legislation in the field of electronic commerce regulation are characterized. The main elements of legal relations arising in the field of e-commerce, which are regulated by law, and those for which there is no legal regulation are defined. The authors identified gaps in legal regulation in the field of e-commerce at the current stage of development of the digital economy. Among them: 1) unsettled issues regarding the protection of consumer rights from false advertising information contained on websites or electronic advertisements, as well as from unsolicited advertising sent via e-mail or other means of electronic communication; 2) uncertainty of all important terms of the electronic contract, which must be necessarily included in its content; 3) insufficient legal regulation of information protection, including personal data of consumers, which become known to the economic entity in connection with the implementation of economic activities in the field of e-commerce.
 On the basis of the conducted scientific and legal analysis, the authors have developed proposals for improvement of domestic legislation in the sphere of regulation of economic activity in the sphere of electronic commerce. The prospects for the development of economic and legal relations in the field of electronic commerce in the modern conditions of the functioning of the digital economy are determined.