CONTRACTUAL ASPECTS OF ECONOMIC AND PRODUCTION RELATIONS IN THE FIELD OF E-COMMERCE |
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Author |
 Milash V. S., professor, Kharkiv, Pushinska, 77 |
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In heading |
Law; | ||||
Signed print |
27.11.2015 | Issues number |
2016 - № 1 (24) | Page |
87-99 |
Type of articles |
Scientific article | Code UDK |
346.3(477) | ISSN print |
2411-5584 |
Abstract |
Problem setting. One of the most developed segments of the sphere of electronic commerce is B2B (business-to-business) segment, which is presented by the system of economic and production relations. The contractual mechanism of formation and realization of their electronic format does not match the level of development and the contemporary needs of the participants of these relations. Recent research and publications analysis. M. M. Dutov, V. M. Zhelikhovsky, S. V. Zlobin, Y. A. Karev, N. V. Koryagin, A. N. Kucher, A. V. Chuchkovska etc. should be mentioned among the researchers who developed problems of legal support of electronic commerce. However, numerous aspects of this problem have been left out of research, and the adoption of the law of Ukraine «On Electronic Commerce» in 2015 has launched a new phase of research in this area. Paper objective. The purpose of this article is the study of economic and legal support of contractual relations in the field of B2B e-commerce and coverage of problematic issues arising in this area as well as the development of theoretical and practical recommendations on improvement of regulatory and contractual regulation of economic and production relations in electronic format. Paper main body. The article is devoted to the state of economic and legal regulation of contractual relations in the field of B2B e-commerce in Ukraine. Some problematic issues in the sphere of economic production relations at the stage of conclusion of electronic contracts are raised, and a number of recommendations are provided. The specific types of web sites and trading hubs that within the electronic market objectively require a normative regulation, as well as special procedures for the conclusion of electronic contracts are examined. Conclusions of the research. The main directions of the improvement of the new Law of Ukraine «On Electronic Commerce» are defined: a) the extension of its scope to other segments of the sphere of e-commerce in addition to B2B (business-to-business) and B2C (business-to-consumer); b) adjustments to the regulatory terminology; c) clear and consistent regulation of the general procedure for making an electronic contract, as well as the amending the law with the special procedures of conclusions of contracts (through electronic exchanges, auctions, etc.) that was omitted. |
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Keywords |
Economic and production relations, business, e-commerce, electronic contract, electronic trading platforms. | ||||
Reviewer |
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External reviewer |
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Article in PDF |
1 87-99 | ||||
Bibliography |
1. Mel’nyk O. V. Elektronna komertsija jak skladova chastyna elektronnogo biznesu: XI Mizhnarodna naukova internet-konferentsija “Suchasna nauka XXI stolittya”. Retrieved from: http://intkonf.org/melnik-ov-elektronna-komertsiya. 2. Pro elektronnu komertsiju. Verkhovna Rada Ukrayiny: ofits.sayt. Retrieved from: http://zakon3.rada.gov.ua/laws/show/675-19. 3. Tsyvil’nyj kodeks Ukrayiny. Verkhovna Rada Ukrayiny: ofits.sayt. Retrieved from: http://zakon5.rada.gov.ua/laws/show/435-15. 4. Kucher A. N. (2005) Teorija i praktika preddogovornogo etapa: juridicheskij aspect. M. 5. Model Rules of the European Private Law. – Moskow : Statut, 2013. – 989 s. 6. Pro elektronni dokumenty ta elektronnyj dokumentoobig. Verkhovna Rada Ukrayiny. Retrieved from: http://zakon3.rada.gov.ua/laws/show/851-15. 7. Pro elektronnyj tsyfrovyj pidpys. Verkhovna Rada Ukrayiny. Retrieved from: http://zakon5.rada.gov.ua/laws/show/852-15. |
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Code DOI |
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04.11.2015