Electronic Commerce in the Modern Economy: Legal Aspect

Abstract

The purpose of the research is to determine normative regulation of electronic commerce relations, which are elements of new information and communication technologies, as the object of legal regulation. In the countries with developed market economy there is a large experience of legal regulation of electronic commerce which could be used in the post-Soviet countries, including Russia. It is stated that normative regulation of electronic commerce is incomplete and has discrete character, requiring the creation of a comprehensive systemic basis. The effective laws do not have the normative definition of electronic commerce and the system of rules for its implementation and protection. This is caused by absence of clear national policy aimed at implementation of new information and communication technologies into trade relations between subjects of civil turnover in Russia. It is offered to pass the normative act that would ensure regulation of peculiarities of electronic commerce, excluding repeated provisions of civil law on buy and sell and using foreign legislative experience. The conceptual framework in the sphere of electronic commerce should be common within the national law and within the international law – for relations of electronic commerce are always of transborder character. The authors use general scientific methods of scientific cognition (analysis, synthesis) and the method of comparative legal analysis.