Publication date: 08.06.2024
Peculiarities of legal regulation of e-commerce in Ukraine
Introduction
Electronic commerce (e-commerce) is becoming increasingly popular in Ukraine, especially in the context of globalization and digitalization of the economy. It covers a variety of activities, from online sales of goods to the provision of services via the Internet. The legal regulation of e-commerce is an important aspect to ensure legal certainty, protect the rights of consumers and entrepreneurs, and stimulate the development of this industry. In this article, we will analyze the main legal acts regulating e-commerce in Ukraine, as well as current challenges and prospects for their application.
Main regulatory acts
The Law of Ukraine "On Electronic Commerce":
- This Law, adopted in 2015, is the main document regulating legal relations in the field of e-commerce. It defines the concepts of e-commerce, electronic transaction, electronic document and electronic signature. The law also establishes rules for concluding electronic contracts and consumer protection.
The Law of Ukraine "On Electronic Documents and Electronic Document Management":
- The law regulates the use of electronic documents in commercial activities, defines their legal force and the procedure for exchanging such documents between business entities.
The Law of Ukraine "On Protection of Consumer Rights":
- The provisions of this Law apply to e-commerce, including requirements for the quality of goods and services, consumer rights to information, guarantees, and complaint procedures.
Law of Ukraine "On Payment Systems and Transfer of Funds in Ukraine":
- The law regulates electronic payments, the use of payment systems and the security of financial transactions in the field of e-commerce.
Peculiarities of concluding and executing electronic contracts
Electronic document and signature:
- An electronic contract is concluded by exchanging electronic documents that are signed with an electronic signature. The legislation recognizes the legal force of an electronic signature, which ensures the authenticity and integrity of electronic documents.
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Public offer and acceptance:
- Online retailers often use public offers posted on their websites. Acceptance is considered to be the placement of an order by the buyer, which confirms his or her agreement to the terms of the offer.
Informing consumers:
- Sellers are obliged to provide consumers with complete and accurate information about goods and services, including their characteristics, price, delivery and return conditions. This ensures transparency and trust in e-commerce.
Protection of consumer rights
The right to return the goods:
- Consumers have the right to return goods purchased online within 14 days of receipt if they do not meet their expectations or are defective. Sellers are obliged to refund consumers for such goods.
Warranties and service:
- Sellers must provide warranties for goods sold online and ensure their maintenance in accordance with the law.
