Dutov M. Legal Provision of Electronic Commerce Development

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0403U002881

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

24-06-2003

Specialized Academic Board

Д 11.170.01

Essay

Object of research: electronic commerce as a specific new technical and legal form of arrangement and pursuit of business activities. The purpose of research is substantiation of the necessity of legal regulation of e-commerce development, as well as working out recommendations for improvement of legislation and its practical application. Methods of research: general scientific (historical, formal logical, systematical and structural, systematical comparative) and special scientific methods - comparative, formal juridical, specific juridical etc. Theoretical and practical importance of the research is in determining legal problems of e-commerce development in Ukraine, mainly in respect of the issues of practical application of electronic documents in commerce by business undertakings in the course of introduction of informational technologies and telecommunications in the field of conclusion of contracts in electronic form. On the basis of the analysis of international and foreign legislation on e-commerce as well as theoretical and practical problems of its application, the mechanism of legal organization of e-commerce development has been developed. The results of the research have been used for working out recommendations for improvement of draft laws of Ukraine "On Electronic Document and Electronic Document Circulation" and "On Electronic Digital Signature" as well as have been employed in practical work by "Donprom" Corp. and Ugletechperevooruzhenie Corp. in their creation of e-commerce systems. The scientific novelty of the results received is predetermined by the fact that for the first time the complex overall economic and legal research has been undertaken devoted to organizational and economic and legal methods of e-commerce development regulation; the e-commerce terminology for economic law has been developed; the problems of e-commerce licensing and certification by business undertakings have been resolved; the e-commerce related offence prevention mechanism has been proposed. The field of application of the research results is Verkhovna Rada committees activities on drafting e-commerce legislation; the National Bank and commercial banks; business undertakings in the course of commerce; institutions of higher education.

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