Modern legal research in the field of digitalization and their application in legal science and legal education

Abstract

The article is devoted to the issue of scientific and legal support of the functioning of e-economy as a system of economic relations, formed in electronic form with the help of information and communication technologies, and its inherent e-business as entrepreneurship, initiation, direct implementation and termination form). Given the novelty of relations related to the use of information and communication systems in the economy of Ukraine, their regulation was initiated recently (the main act — the Law «On e-commerce» of 03.09.2015), but is fragmentary (applies only one component of e-business — e-commerce, ie sales for a fee of goods/works/services). Norms on the organization and conduct of e-business, including the rights and responsibilities of its subjects, are scattered in various acts of legislation (Commercial Code, Tax Code, laws «On electronic documents and electronic document management», «On electronic digital signature», «On Public Procurement», «On Joint Stock Companies», «On Securities and Stock Market», «On Access to Public Information», etc.), which led to their duplication, conflicts and, at the same time, did not ensure proper systematization and completeness of regulation, as well as taking into account positive foreign experience, including international (Okinawa Charter of the Global Information Society, 2000; Geneva, 2003 and Tunis, 2005 World Summits on the Information Society, European Strategy for Interaction, 2008, European framework programs on these issues). The effective functioning of the e-economy and e-business as its component involves solving a complex problem: 1) optimal regulatory regulation of relations in this area; 2) effective legal mechanisms for its implementation; 3) ensuring the stability of relations in law enforcement practice (mechanisms to prevent and stop unfair behavior in this area). The development of a holistic concept of legal support of the electronic economy involves: the integration of already existing achievements of modern Ukrainian legal science (primarily, the theory of law, commercial law, civil law, information law); updating scientific knowledge about methods of regulating relations in the field of economy, taking into account the electronic form of doing business; analogy of law; problems of ensuring the balance of public and private interests, as well as the principles of reasonableness, good faith and justice in this area; legal and social responsibility of business, etc. The current practice of applying e-commerce legislation shows its inefficiency, which destabilizes property turnover, allowing unscrupulous e-business representatives to avoid fulfilling their obligations, violating the rights of contractors and, above all, consumers. It is also about the need to introduce research into the educational process in order to form the appropriate abilities and competencies of higher education. Key words: information society; information and telecommunication systems; electronic economy; electronic market; e-commerce; e-business; electronic transactions; consumer protection.