The dissertation is the first in the domestic science of civil law special complex research of theoretical and practical problems that arise when committing transactions by juveniles and minors on the Internet. Within the framework of the work a comprehensive analysis of the scientific literature, legislation and judicial practice on the research topic was made, proposals were made to improve the current legislation of Ukraine on the scope of legal capacity of these persons and the consequences of such transactions.
It has been established that the domestic science of civil law has recently shown some interest in the issue of transactions on the Internet, but research related to the commission of transactions on the Internet by such a special category of participants in civil relations as juveniles and minors is virtually absent. Since the Internet is understood as the only information space where global processes of social communication take place, and which has a global general character, which is a convenient environment for legal actions, including transactions, it is important to study legally significant aspects of the Internet every day.
It is determined that transactions, as one of the most common legal actions of a private nature, committed on the Internet, are the basis for the emergence of civil relations in the information society. They create the rights and obligations of the parties to civil relations at the request of the latter and regardless of the direct prescription (permission) of the law. In this regard, it is especially important to consider the issue of transactions committed by juveniles and minors on the Internet, differences in the legal capacity of juveniles and minors, determining the range of transactions that can be committed by each of these categories of persons, including on the Internet.
Instead, legal capacity, as a state, gradually develops, and depending on the age of the citizen characterizes the degree of his mental and physical maturity. This is enshrined in law by establishing the stages of legal capacity, and in order to fully realize the legal capacity of children it is established a mechanism to assist in the exercise and protection of their rights, including, inter alia, the actions of parents, adoptive parents, guardians and custodians of juveniles and minors as well as the activities of guardianship authorities.
The necessity of legislative consolidation of the division of minors into the following categories or age groups is substantiated: from birth to six years - completely incapacitated; from six to ten years - persons who can independently apply for psychological assistance and have the right to commit transactions with a personal bank card under the supervision of parents; from ten to fourteen years - persons who can independently exercise intellectual property rights, apply for free legal aid, be direct active participants in certain property relations related to education or other personal growth, in particular, relations for the provision of educational services.
