Selected aspects of contractual regulation in the context of digitalization of the economy

Abstract

Problem setting. One of the most noticeable modern trends is the coverage of digitalization processes in all spheres of life, including the economic sphere, which is accompanied by a rapid expansion of the electronic format of contractual interaction of participants in economic transactions and a change in the very methods of carrying out the latter. At the theoretical level, there are several approaches to the regulation of certain aspects of contractual relations in the field of e-commerce, in particular, with the help of: analogy of the law; customs of business turnover; contractual regulation at the level of individual agreements on the use of an electronic contract form and/or electronic signature, etc.; special legislative acts in this area; complex regulation using different levels of sources. It is the last approach that has gained the most widespread and support among modern scientists. Analysis of recent researches and publications. The issues of concluding, changing and terminating electronic contracts with the participation of business entities were studied in the works of O. M. Vinnyk, M. M. Dutov, S. V. Zlobina, N. B. Koval, N. V. Koryagina, V. L. Despite this, in the practice of contractual and legal regulation of economic transactions in the field of electronic commerce, a unified approach has not been formed regarding the optimal transformation (change or special application) of the established principles of contract law regarding electronic contracts. That is why the purpose of the article is to highlight and analyze problematic issues of legal support for electronic contractual interaction between participants in business relations. Purpose of the research is to highlight the problematic issues of legal support for electronic contractual interaction of the participants in business relationships. Article’s main body. The article notes the lack of a unified approach to the optimal transformation of the established principles of contract law in relation to electronic contracts. Special attention is paid to the procedure for concluding electronic contracts with the participation of business entities and to the content of the concept of “electronic form of contract”. Approaches to the legal nature of electronic offers and acceptance, as well as procedural aspects of their implementation, were investigated based on the analysis of scientific views and the current legislation of Ukraine. Existing legislative dysfunctions in the regulation of the specified issues are highlighted and separate proposals for their elimination are formulated. Conclusions and prospects for development. The article concludes that the agreement of the parties to conclude a contract with the help of information and communication systems is not a sufficient reason to consider it concluded in writing. It is noted that the recognition of the electronic form of the contract as a type of written contract does not correspond to the European approach, according to which only a qualified electronic expression of will is equated to a written form. The necessity of harmonizing the relevant provisions of the Civil Code of Ukraine, the Economic Code of Ukraine, the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Electronic Documents and Electronic Document Management”, etc., in terms of content and correlation of such concepts as “electronic form of transaction”, is emphasized. “electronic transaction”, “electronic form of contract”, “electronic contract”, “electronic document”, “electronic form of providing information”, etc.