scholarly journals International and domestic initiatives for e-commerce regulation

2021 ◽  
pp. 66
Author(s):  
Viktoriia Adamyk ◽  
Anastasiia Poritska

Introduction. The development of online commerce, which is gradually displacing the traditional one, is a clear trend of global economic transformations. Key aspects of e-commerce, such as online transactions, privacy and consumer protection, and customs clearance, need to be regulated at the international and national levels.The purpose of the article is to study the development of e-commerce in retail goods in the XXI century. in the context of assessing the completeness and effectiveness of international and domesticResearch methods. General scientific and special methods were used to study the legal aspects of e-commerce regulation, namely: analysis and synthesis, induction and deduction, abstraction and concretization, description, characterization, generalization, comparison. The methodological basis for the study was international regulations (UN Laws, European Union Directives, Acts of International Organizations) and a list of laws of Ukraine on the regulation of the electronic sphere.Results. The analysis of indicators of e-commerce development on the world market is carried out, its rapid dynamics is pointed out. International initiatives to regulate e-commerce are considered. A comparison of aspects of legal regulation of e-commerce in Ukraine and the European Union is carried out. Conclusions are made on the completeness and degree of maturity of the institutional base. Emphasis was placed on the need to strengthen regulatory mechanisms in the field of e-commerce in order to create a modern institutional system adapted to the global and European.Perspectives. It is important to focus future research on the development of guidelines for determining the effectiveness of the implementation of initiatives to regulate e-commerce at the domestic and global levels.

2013 ◽  
Vol 2 (2) ◽  
pp. 44-53
Author(s):  
Barbara Pavlíková

Abstract The contribution deals with the Slovak and the EU legal regulation of tobacco and tobacco products. Its primary purpose is to point out the Slovak and European legal acts which constitute the main regulatory instruments in this field using the method of analysis and synthesis. Rules of production, distribution and conditions of use of tobacco and products thereof are in the Slovak Republic contained mainly in two acts - the Act No 335/2011 Coll. on Tobacco Products and the Act No 377/2004 Coll. on the Protection of Non-smokers, as well as in special Decree No 212/2012 Coll., regulating tobacco products. Regulation of excise duty on tobacco products can be found in the Act with the same name - Act No 106/2004 Coll.. Another objective of the paper is also to draw attention to the amendment of Act on Protection of Non-smokers which entered into force on 1 July 2013. The European Union struggles with the negative consequences of smoking at the supranacional level and its institutions - the European Commission, the European Parliament and the Council of the EU - are already for several years adopting legal acts to facilitate uniformity and easier interpretation of European law also in the field of legal regulation of tobacco and tobacco products. The predominant part of the existing legislation deals with the approximation of laws in areas that are closely related to the manufacture, presentation and sale of tobacco products, but also to the collection of taxes from these products.


2021 ◽  
Vol 7 (Extra-B) ◽  
pp. 37-46
Author(s):  
Lin Peiyuan

The article provides a statistical analysis of the trends in the development of e-commerce in the world in general and in China in particular, a comparative legal analysis of the system of legal regulation of key aspects affecting the functioning of e-commerce in the European Union and in the People’s Republic of China (further PRC). The research methodology is based on a systematic approach and includes the methods of the general scientific group (analysis, synthesis, induction, deduction), as well as special methods: statistical analysis, content analysis of scientific literature on the research topic, the method of comparative legal analysis. As a result of the study, the author came to the conclusion that the legislation of China and the European Union regarding the regulation of e-commerce is aimed at fundamentally different goals: in the EU, legislation is aimed at protecting private transactions and trade, and for China, the priority is the development of legal norms that allow the state as much as possible control electronic commercial flows and procuring a cybersecurity in e-commerce sector.


E-Management ◽  
2019 ◽  
pp. 61-66
Author(s):  
L. O. Gontar’

The article considers a problem of the definition of the digital economy, as well as presents a new theme on the legal procuring of international cyber security. The above mentioned new direction serves as an indicator of possible interdisciplinary research in the field of law and economics in the sphere of digital processes. As a justification the acts of the European Union have been adduced and their characteristic features, which consist in consideration of a substantial part of digital economy (economic party) have been allocated. This integration association has a unique structure and history, but the process of regulating the digital economy in the European Union began not so long ago. The European Union is one of the few integration associations that has started to work on improving the mechanisms of legal regulation of the digital market. This circumstance certainly affects the development of an integrated approach to the understanding of the digital economy, as well as further actualizes the issue of considering the legal procuring of international cyber security of this phenomenon. Legal procuring of security is a new direction in the international legal field, which will allow to consider the legal aspects in demand in the digital economy. The challenges in relation to international cyber security and the impact of the conceptual apparatus on the issues of the legal procuring of the security of the digital economy have been considered. It is important to note that the article suggests possible solutions to the problem posed. At the end of the article three proposals for improving approaches to the security of the digital economy have been elaborated. In terms of their qualitative characteristics, the proposals, undoubtedly, relate to legal and technical aspects, but also solutions regarding the conceptual component of the legal procuring of the security have been presented.


2021 ◽  
Vol 105 (5) ◽  
pp. 45-55
Author(s):  
Mark Entin ◽  
◽  
Dmitriy Galushko ◽  

The article explores the legal consequences of the UK's withdrawal from the European Union. The scope of personal data protection was taken as an example. The purpose of the article is to study and analyze the legal aspects of the termination of the UK's membership in the European Union, its impact on the cross-border transfer of personal data between the parties, as well as the development of legal regulation in this area. The article shows that, despite the signing of the Withdrawal Agreement, as well as the Trade and Cooperation Agreement, there is a complication of legal regulation, as well as the emergence of potential contradictions and threats to the interests of interested parties. The sphere of personal data protection clearly demonstrates that despite the desire for the sovereignization of legal regulation on the part of the UK, its legal system remains dependent on the legal order of the European Union. The UK's national regulation on personal data will be under constant monitoring by the competent EU authorities, which indirectly confirms the failure to achieve the goals of the full return of the UK's delegated sovereign powers. It is concluded that the EU Court of Justice still retains its jurisdiction over the United Kingdom, in particular, in connection with possibility to challenge decisions on adequacy, as well as through the adoption of its own practice on issues related to personal data protection.


2016 ◽  
Vol 1 (6) ◽  
pp. 25
Author(s):  
Iluta Arbidāne ◽  
Aleksejs Lobanovs ◽  
Viktorija Pokule ◽  
Arvīds Liepiņš

The research focuses on major cooperation directions established between the State Border Guard of Latvia and the European Agency FRONTEX. It deals with the legal regulation of SBG and FRONTEX cooperation, depicts and analyses SBG and FRONTEX cooperation in the field of training as well as explores the main pillars of SBG and FRONTEX cooperation development perspectives. The aim of the research is to investigate how SBG cooperation with the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) influences the increase of SBG officers’ capacity regarded in carrying out their functions. The main tasks that were brought up are as follows: to investigate the legal regulation of SBG and FRONTEX cooperation as well as to analyse the main directions of SBG and FRONTEX cooperation in the training process of the officers, finally, to study perspectives of SBG and FRONTEX cooperation development aiming at officers’ capacity building.  The key methods employed in the framework of this research are: descriptive method, analysis and synthesis, clustering, graphical method.  


2021 ◽  
Vol 9 (2) ◽  
pp. 36-40
Author(s):  
Damir Bekyashev ◽  
Natalia Smolnikova ◽  
Anna Laeva

Fisheries is an important and well-developed industry in the European Union. At the same time, most of the catch falls on areas outside the waters under its jurisdiction. In this regard, the EU concludes with third states international agreements on cooperation in the field of fisheries. The article presents an analysis of general information on fisheries in the EU outside the waters of the Union, defines a system for allocating quotas for catching marine living resources in the EU, analyzes the EU's bilateral agreements with third countries in the field of fisheries, noted the Union's membership in regional fisheries management organizations, considered the legal regulation of the fight against illegal, unreported and unregulated fishing in the EU, as well as its cooperation with third countries in the fight against this negative phenomenon. Particular attention is paid to the analysis of the legal foundations of cooperation between the Russian Federation and the EU in the field of fisheries and its prospects.


2021 ◽  
Vol 16 (7) ◽  
pp. 168-178
Author(s):  
V. Yu. Slepak ◽  
M. E. Romanova

The paper explores the issues of export control, their regulation in the law of the European Union; considerable attention is given to differences in the status of military and dual-use goods. Approaches to the harmonization of export of weapons regulation, as well as to the unification of legal provisions on the export of dual-use goods are considered. An analysis of acts of primary and secondary law governing both the movement of military and dual-use goods within the European Union and their export to third countries is carried out. The authors conclude that the European legislator uses similar mechanisms, which allows us to speak about the formation of a unified model of legal regulation in the areas under consideration. Particular attention is given to the procedure for obtaining licenses and permits within the framework of export control to the EU. The paper scrutinizes the characteristic features of customs declaration for military and dual-use goods export, and specifically analyses the procedure and grounds for the suspension of the release of such goods. The paper also discusses the features of checking permits and licenses when exporting military and dual-use goods.


Author(s):  
Kirill Pashkov

Considering that improving access to digital goods and services, creating an environment where digital networks and services can thrive, positioning of digitalization as the driving force of everything new, it becomes clear that an e-commerce legal platform of EU business entities activity will soon be subject to review in the EU and in connection with this fact, the study of the features of modern legal regulation of electronic commerce within the EU becomes both theoretical and practical relevance and significance.          The article deals with the peculiarities of legal regulation of electronic commerce within the European Union. The author of the article has analyzed in detail the legal framework and the legal norms that regulate the implementation of e-commerce in the EU and which have the greatest impact on the implementation of foreign economic activity. These norms were grouped in three directions: 1) norms that set the country of origin principle; 2) rules that recognize the legal force of electronic contracts and regulate the procedure for their conclusion; 3) rules that limit the liability of third party content providers. For this research, an analysis of secondary law of the European Union governing the conduct of electronic commerce within the Union has been carried out. Particular attention is paid to the study of the provisions of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information services, in particular e-commerce, in the internal market, namely, on the internal market, aimed at promoting the development of the EU information services market in the EU, on the principles of the conclusion of electronic agreements in the EU, a list of the minimum information that the information society service provider must give to the customer in the EU, as well as the provisions minimizing the Internet intermediaries liability for the actions of third parties related to the implementation of electronic commerce.


2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.


Author(s):  
Oleksandr Malashko ◽  
◽  
Serhii Yesimov ◽  

The article examines trends in the development of legal regulation of information security in Ukraine in the context of the implementation of the Association Agreement between Ukraine and the European Union. The current information legislation and regulations on information security are analyzed. The tendencies in the legal regulation of information security that took place at the initial stage of the formation of information legislation are revealed. Based on the factors that took place before the adoption of the Doctrine of information security of Ukraine, the laws of Ukraine “On the basic principles of ensuring the cybersecurity of Ukraine”, “On the national security of Ukraine”, in the context of the current legislation, based on the methodology of legal forecasting, it is concluded that in the future the development of normative legal information security will be developed on the basis of by-laws, mainly at the departmental level.


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