Karpenko O. Internet-service as an object of civil law relationships

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U001070

Applicant for

Specialization

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

21-12-2015

Specialized Academic Board

К 64.051.28

Essay

Object of hereby dissertation research is civil relations arising on the provision and acceptance of Internet-services. Objective: Determination of the nature of Internet-services as an object of civil relationships, development of scientific principles for laying foundation for improving the legal protection and development of proposals for existing legislation of Ukraine governing legal relationships, which are the object of Internet Services. Methods: general scientific dialectical, research also involves historically legal, comparative legal, formal-logical, systematic and structural, legal of modeling; analysis, synthesis, abstraction, analogy. Theoretical and practical results, scientific novelty: for the first time offered juridical-legal definition of Internet services;highlighted specific feature of Internet-services as an object of civil relations which sets it apart from other types of services, as the ability to provide and receive services that are not limited in space and time (everywhere and around the clock) on the condition that technical device has access to the Internet connection;Internet-services systemized in three groups; It revealed that in order to protect the rights and interests of the parties contract for the provision of Internet services, along with common methods of protecting civil rights can apply some specific methods. Improved list of prerequisites for providing and receiving of Internet-services; Provisions concerning those who providing and receiving Internet-services. Developed further provisions on necessity of establishingof civil liabilityof Internet-service providers responsible for the guilty actions of the administrator of the site at a legislative level. Practical value: the provisions set forth in dissertation, conclusions and recommendations can be used in legislative activity, in law enforcement activities – to improve the performance of the judiciary, in carrying out of civil justice, in lawyer practice, and alike. Scopeof use: in the educational and methodical work – for the preparation of lectures, tutorials and scientific-methodical recommendations for civil and legal disciplines.

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