The dissertation is the first in the domestic science of civil law special comprehensive study of civil relationships of compensation for damages caused by abuse of rights when concluding contracts on the Internet. The study conducted a comprehensive analysis of scientific approaches to determining the specifics of contractual relations on the Internet, legislation in the field of implementation and protection of the rights of parties to contractual relations on the Internet and legal practice on compensation for damages caused by abuse of rights when concluding contracts on the Internet.
Issues of abuse of subjective rights on the Internet are becoming more relevant in the context of expanding the range of relationships that are gradually being transferred to the digital environment, or relationships that immediately arise in relation to digital objects and impossible in other tangible, real-world forms. In Ukraine and the world, the volume of e-commerce is constantly growing, which means not only an increase in the number of goods sold in this way, but also the gradual dematerialization of turnover. The literature has repeatedly pointed to the trend of increasing the number of services provided and consumed on the Internet: domain registration, sales of hosting, provider services and more. In addition, the specifics of the Internet environment leads to potential abuse of subjective rights due to the anonymity or confidentiality of such relations, the technological complexity of proving violations of the rights and interests of third parties, lack of responsibility for certain actions that actually violate the rights of third parties.
It is proved that the appeal to the issues of abuse of rights in contractual relations on the Internet is justified, because the concept of abuse of rights in case of conflict of two separate subjective civil rights allows to take into account circumstances not taken into account by the legislator and decide which of the subjective rights take precedence. This situation is most characteristic of the studied type of legal relations, because special legislation can not have time to adapt to such a dynamic sphere of public relations.
In order to form a correct list of tasks and research methodology, the review of literature sources on the topic of the dissertation, systematized scientific publications and dissertations of domestic researchers on abuse of rights and their legal consequences, consumer protection on the Internet, the limits of civil rights on the Internet and protection of their own rights from online violations, protection of personal data on the Internet, compensation for damages on the Internet.
It is determined that the analysis of recent events allows to speak about the significant impact on the contractual civil relations of the situation with the new coronavirus disease COVID-19. In fact, the suspended market of offline services has led to the transition of providers of such services, if possible, to the Internet environment. However, quarantine in Ukraine has led to restrictions on civil rights in the field of contract law, and the mechanisms for protecting subjective rights on the Internet need to be refined and adapted to the conditions of quarantine measures.
Based on the analysis of current domestic legislation, it is argued that civil law provides for the possibility of concluding contracts in electronic form. It is determined that the electronic contract must contain all the essential conditions established by current legislation for this type of contract. Contracts concluded in electronic form are equated in legal force to transactions concluded in written form.
The electronic form of the contract is objectified in the information that is recorded in the form of digital data, including mandatory details of the contract. The will of the parties to enter into an electronic contract is expressed through electronic means of communication.
