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E-commerce regulation: national and international aspects

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

i

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Publication date: 31.05.2024

E-commerce regulation: national and international aspects

 

Introduction

Electronic commerce (e-commerce) has become an integral part of the modern economy, providing convenience and efficiency of trading goods and services via the Internet. With the development of technology and the growth of the number of Internet users in Ukraine, the issues of legal regulation of e-commerce are becoming particularly relevant. This article analyzes the legal aspects of e-commerce regulation in Ukraine, as well as international experience and standards that influence national legislation.

 

The main part

 

1. 1. National legislation

 

1.1 The Law of Ukraine "On Electronic Commerce"

The main regulatory act governing e-commerce in Ukraine is the Law of Ukraine "On Electronic Commerce" adopted in 2015. This law defines the legal framework for electronic transactions, sets requirements for electronic documents and electronic signatures, and regulates relations between e-commerce participants.

 

1.2 Electronic document and electronic signature

An important aspect of e-commerce is the use of electronic documents and electronic signatures. The Law of Ukraine "On Electronic Documents and Electronic Document Management" regulates the procedure for creating, storing and using electronic documents, and defines the legal status of an electronic signature. An electronic signature has the same legal force as a handwritten signature, which ensures the reliability of electronic transactions.

 

1.3 Protection of consumer rights

The Law of Ukraine "On Protection of Consumer Rights" also applies to e-commerce. It establishes the rights of consumers to receive information about the goods and services they purchase online, and regulates the return of goods, warranties, and seller liability for product quality.

 

2. International aspects

 

2.1 European legislation

Ukraine is actively integrating into the European legal space, which affects the development of national e-commerce legislation. In particular, Ukraine is guided by the EU Directive on Electronic Commerce (2000/31/EC), which sets out the basic principles for regulating electronic commerce in the European Union. An important aspect of this directive is to ensure the free movement of information services and consumer protection.

 

2.2 International standards

International organizations, such as the United Nations (UN) and the World Trade Organization (WTO), also develop standards and guidelines for regulating e-commerce. For example, the UN Model Law on Electronic Commerce (1996) provides recommendations for the legal regulation of electronic transactions and electronic signatures that can be used by countries in developing national legislation.

 

2.3 EU-Ukraine Association Agreement

The EU-Ukraine Association Agreement includes provisions on harmonization of Ukrainian legislation with European standards, in particular in the area of e-commerce. This contributes to the creation of favorable conditions for the development of e-commerce between Ukraine and the EU countries. You may be interested in the following articles: legal advice, legal advice, analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal advice, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.

 

Conclusion.

Regulation of e-commerce in Ukraine is an important component of the development of the digital economy and integration into the international legal space. Ukrainian legislation provides the basic legal framework for electronic transactions, use of electronic documents and signatures.

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