Vasylenko O. Unification of the rules of electronic commerce within the framework of UNCITRAL.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U003650

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

23-06-2014

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis contains complex research of the rules of electronic commerce within the framework of UNCITRAL. The thesis contains analysis of the development of scientific thoughts in the sphere of unification of the rules of electronic commerce within the framework of UNCITRAL; means and spheres of unification of the rules of electronic commerce within the framework of UNCITRAL. There were determined advantages and disadvantages of the means of unification and harmonization of the international trade law within the framework of UNCITRAL. Based on analysis of Model Law on Electronic Commerce (1996), Model Law on Electronic Signatures (2001) and United Nations Convention on the Use of Electronic Communications in International Contracts (2005) it is proved that UNCITRAL constantly improves means of unification and harmonization of the rules of international private law using flexible and functional approach for modernization and adjustment of the international trade law, where soft law instruments play apparent role. The national law in the sphere of electronic commerce has been analyzed in the context of UNCITRAL documents from the special and general stand point; there were developed exact proposals regarding improvement of Ukrainian legislation in the sphere of electronic commerce.

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