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STATE PRESCRIPTIVE JURISDICTION QUESTIONS IN THE CONTEXT OF REGULATION CONTRACTUAL RELATIONS IN THE ELECTRONIC COMMERCE SPHERE

Journal: LAW AND INNOVATIONS (Vol.1, No. 9)

Publication Date:

Authors : ;

Page : 42-50

Keywords : jurisdiction; sovereignty; Internet network; national segment of the Internet network; foreign economic agreement (external economic agreement);

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Abstract

Problem setting. A development of the information society on the base of information and telecommunication systems, first of all Internet network, appears in all life spheres including a field of entrepreneurship (commercial activity). A functioning electronic commerce sphere connect with various transactions realization (the legally significant activities) by the Internet network, where one of the special feature it is the “indifference” to a geographical boundaries. Thereafter one of the key questions which appear in the electronic commerce sphere it is a boundary determination of the prescriptive jurisdiction of different countries, and their rights to fix boundaries of the national law activities to abovementioned sphere of relations. Analysis of recent researches and publications. A lot of works national and foreign scientific are dedicated to theoretical comprehension of individual questions of the legal security electronic commerce (M.M. Dutova, S.V. Zlobina, J.A. Careva, N.B. Koval, N. V. Koriagina, A.N. Kucher, A.M. Novizkij, V.L. Pleskach, L.D. Tymchenko, A.V. Chukovskaja, V.S. Zymbaluk, etc.). Target of research it is a studing and analysis law questions of the state’s prescriptive jurisdiction in the context of the contractual relations regulation in the electronic commerce sphere. Article's main body. During regulation of the contractual relations execution of the commerce sphere were touched and analysed important according to the theoretical and practical position questions of the delineation sphere national law activity. Special attention was given to the question of the Internet network segment and to the national Internet network segment definition. Was researched a problem of the external (foreign) economic agreement nature definition, which had been concluded in the Internet network and a chain of the problematic legal regulation relations aspects that happened seeing to conclude determined agreement; and also was given author’s point of view to resolve them. Conclusions and prospects for the development. Electronic commerce participators of which are entities cooperate on the level of national Internet segment correspondent state according to the law point must be realized within the limits of prescriptive jurisdiction of this state. At the same time territorial and personal principles of realizing state’s jurisdiction and exactly national Internet network segment definition that contains in the modal law “About the principles of Internet regulation”, disregards vital questions about various states jurisdiction to establish rules of conduct in the electronic commerce sphere. And withal Ukraine current legislation does not adapts to regulate contractual relations which are complicated by the electronic segment. This process slows down the development of these relations. Abovementioned statement deals with contractual relations directly that arise from the external economic process of execution. Problems questions of electronic commerce jurisdiction aspects, legal act absence which directs to ensuring of the lawful economic order in the electronic commerce sphere, all these require theoretical methods making to their legal regulation. In this way further investigations continuance have to be an important step on the way of construction new economic type. A performance of environment it is Internet and it’s integration into the global electronic institutional environment briskly.

Last modified: 2016-05-16 18:52:16