Bilotserkovets N. Administrative legal regulation in the field of electronic trust services provision.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100324

Applicant for

Specialization

  • 081 - Право. Право

15-10-2020

Specialized Academic Board

ДФ 26.001.013

Taras Shevchenko National University of Kyiv

Essay

The thesis is the first complex and scientific research of administrative legal regulation mechanism in the field of electronic trust services in Ukraine. Considering the achievements of the legal science, the author defined legal principles, object, goals and other aspects of administrative legal regulation in this field. The author researched into the main features, legal nature and intended purpose of electronic trust service as the main object of administrative legal regulation. Based on domestic and foreign legal science, for the first time in the field of Ukrainian jurisprudence, the public-law nature of the electronic trust service has been proved and its affiliation with administrative services has been substantiated, and the functional relationship between electronic trust services and other electronic administrative services has been revealed. On the basis of theoretical conclusions, the researcher proved that it is necessary to broaden the object of administrative legal regulation in the field of electronic trust services. That is, activities of non-qualified electronic trust services provision as well as activities of electronic archiving and hybrid electronic signature services provision should be included therein. The author analyzed and improved doctrinal approaches concerning the concept of subjects of administrative legal relations system in the field of electronic trust services provision. After having provided insight into these approaches, the author have elaborated such a system which can be applied for all kinds of electronic trust services provision, and includes not only private actors, but also public administration performing administrative legal regulation in the field of electronic trust services. The author argued that providers of qualified trust services belong to delegated authorities who are empowered by the state to ensure the accessibility of other administrative services for all individuals and legal entities and the convenience of obtaining thereof. The author introduced a mechanism of reforming the system of state bodies, which are regulating administrative relations in the field of electronic trust services provision. In particular, the author proposed to divest the Ministry of Digital Transformation of its regulatory powers in the field of electronic trust services, and to divest the National Bank of Ukraine of its powers for administrative enforcement.

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