scholarly journals LEGAL REGULATION FOR CONTRACTUAL RELATIONS IN THE FIELD OF ELECTRONIC COMMERCE

2021 ◽  
pp. 44-47
Author(s):  
A. Pohorilenko
Keyword(s):  
Electronic Commerce ◽  
Negative Impact ◽  
Legal Regulation ◽  
Relevant Field ◽  
Contractual Relations ◽  
The Law ◽  
Business Entities ◽  
The Moment

This paper examines the Law of Ukraine "On e-commerce", central legal act in the relevant field, in terms of the scope of its legal regulation, in particular on the inclusion of B2B contractual relations in its range. According to the research, in accordance with international practice, the field of e-commerce includes various types of legal relations, including the following: B2C (Business-Consumer), C2C (Consumer-Consumer), B2G (Business-Government), G2B (Government-Business) and B2B (Business-Business). At the same time, B2B relations makes up its largest segment. Nevertheless, as revealed by the analysis of the legislation, abovementioned law of Ukraine in the field of e-commerce does not take into account the needs of economy and excludes this largest segment of e-commerce from the scope of legal regulation. Moreover, analysis of the key provisions of the relevant law governing the composition of participants of e-commerce has led to the conclusion that business entities wishing to enter into an agreement in the relevant field will not be considered as e-commerce subjects at all. As a result, they are deprived of the entire scope of legal regulation provided by this law for "selected" participants of e-commerce, i.e. the provisions of the relevant law on the obligations of the seller (performer, supplier) of goods, works, services in the field of e-commerce, the obligations of the buyer in the field of e-commerce, provisions on the moment of signing of the electronic agreement etc. Hence, these provisions do not apply to the parties of the business agreement, which by all indications belongs to the field of e-commerce. All the above mentioned may have a negative impact on the development of e-commerce and B2B relations in Ukraine. According to the results of the study, it was concluded that the Law of Ukraine "On e-commerce" should be supplemented by provisions including B2B relations to the field of e-commerce.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

scholarly journals Problems of legal protection of industrial samples in enterprises in Ukraine

2020 ◽  
pp. 234-237
Author(s):  
Olga Bondarenko
Keyword(s):  
Intellectual Property ◽  
Western Europe ◽  
Industrial Design ◽  
Negative Impact ◽  
Legal Protection ◽  
Legal Regulation ◽  
Industrial Property ◽  
Goods And Services ◽  
Legislative Framework ◽  
Business Entities

The article deals with the important problems that arise in the implementation of the legal protection of industrial designs in the enterprise in the course of their economic activity. One of the major problems associated with the legal regulation of the protection, use and protection of industrial property is the clash of the rights of some entities with the rights to other intellectual property. An example would be the collision of industrial design rights with copyright and trademark rights for goods and services. In addition, the concept of production has changed from mass to serial and customer-oriented, the life cycle of the product has been significantly reduced and its moral rapid aging has become dominant in its renewal. It was noted that there was a need to improve the legislation on industrial designs and the preliminary scientifically sound justification of strategic direction (from patenting to registration) and privacy before elaboration of relevant proposals and bills. The efficiency of legal protection of industrial designs in enterprises depends on the degree of perfection of the legislative framework. First of all, it is analyzed what violations of patent holders' rights can arise and what ways of overcoming them can be applied to reduce the negative impact of such violations on the economic growth of the enterprise. Please note that it is now very often necessary to identify major conflicting or problematic situations in granting legal protection to industrial designs and trademarks, as well as the question of the legislative and enforceable distribution of two types of exclusive rights. Often there are disputes about the relation between the legal protection of the industrial design and the trademark. This issue has been analyzed and specific proposals are made for amending existing legislation on industrial designs. Also considered are the types of patent strategies developed by major corporations in Japan, the US and Western Europe, such as: patent flood strategy, patent blocking strategy, combined patent strategy. And, based on this analysis, we recommend that they be put into practice by business entities to protect and safeguard their intellectual property rights.

scholarly journals DEVELOPMENT OF LEGAL REGULATION OF INSURANCE IN LATVIA

2019 ◽  
Vol 4 (85) ◽  
pp. 93
Author(s):  
Nadezda Novozhilova
Keyword(s):  
Legal Regulation ◽  
Individual Development ◽  
Insurance Law ◽  
Development Stages ◽  
Existing Problems ◽  
Legal Space ◽  
Contractual Relations ◽  
The Moment ◽  
The Given ◽  
The Eu

The article describes the main development stages of insurance law in modern Latvia. Insurance relationship, regulated by rules of law, have their own characteristics and relevance at the moment. In the given paper the issues of the legal groundwork for the insurance contractual relations in Latvia are considered. Some aspects of insurance law in Latvia – actual problems of legal regulation of insurance. It is considered individual development stages of legal provision of insurance contractual relations in Latvia, some existing problems and are described the possibilities for improving the legal regulation of insurance law in Latvia in accordance with the requirements of the relevant EU Directives on a unified legal space of the EU.

scholarly journals PROBLEMS OF CIVIL LEGAL PROTECTION AND DEFENSE OF BUSINESS REPUTATION OF A LEGAL ENTITY IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 33-38
Author(s):  
Olha Bondarenko ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Scientific Study ◽  
The Internet ◽  
The European Union ◽  
Legal Entity ◽  
The Law ◽  
Business Entities ◽  
Legal Entities

The article considers topical issues related to civil law protection and protection of the business reputation of a legal entity in Ukraine. The right to business reputation belongs to a special group of civil relations, which requires scientific study and analysis, given that there is still no legislative enshrinement of the concept of business reputation of a legal entity in the Civil Code of Ukraine. And in the time of constant socio-economic development, the relevance of the definition and legal regulation of civil relations in the field of business reputation of legal entities is significant and important because business reputation is a certain assessment of the legal entity, based on conclusions about business qualities and moral personality, which are closely related to the activities of the business entity and their compliance with the requirements of the law and the proper performance of contractual obligations to partners. The purpose of the article is to analyze, compare and study the foreign experience of the European Union to determine the optimal concept of business reputation, and provide suggestions on how to solve existing problems of protection of business reputation in violation of the Internet in our country. During the study of the issue, the basic concepts of business reputation contained in the regulations of Ukraine were analyzed. It is established that the civil legislation does not contain a definition of the term «business reputation of a legal entity», which in turn complicates the process of legal protection and protection of the business reputation of business entities. Equally important is the issue of protection against damage to business reputation on the Internet, which now affects almost every aspect of modern society. Protecting business reputation on the Internet is significantly complicated by the lag in the development of Ukrainian legislation from the realities of information technology development. If there are more or less clear ways to protect the infringed personal non-property right in traditional print media, television, then there is virtually no special regulation of relations and protection of the law on the Internet. In conclusion, we note that at the legislative level, namely in the Civil Code of Ukraine there is no legal regulation of protection and protection against violations of the business reputation of legal entities on the Internet. The problem of implementing the mechanism of protection of business reputation of a legal entity in the courts of Ukraine is relevant and unresolved and as a result requires further scientific study.

scholarly journals PRE-CONTRACTUAL RELATIONS IN INTERNATIONAL COMMERCIAL TURNOVER: SPECIFICITY AND TENDENCIES OF LEGAL REGULATION

2017 ◽  
Vol 3 (3) ◽  
pp. 69-76
Author(s):  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Late Nineteenth Century ◽  
International Institute ◽  
Private Law ◽  
Private International Law ◽  
Foreign National ◽  
Contractual Relations ◽  
The Law ◽  
Autonomy Of Will

The article is devoted to analysis of specifics and trends of legal regulation of pre-contractual relations in international commercial turnover. The emergence of disputes arising from pre-contractual relations, the recognition of the doctrine of culpa in contrahendo, which appeared in the late nineteenth century and helped to establish the Institute that meets the needs of the international commercial turnover in the XXI century. The determining factor in the formation of the new Institute of pre-contractual relations of the Russian civil law are the successes of the foreign national codifications of private law and the unification of international private law in the European Union in the framework of non-governmental organizations: International Institute for the Unification of Private Law (UNIDROIT), the Hague conference on private international law, etc. These achievements prefaced the inclusion in the civil code provisions on pre-contractual relations by putting the question of formal recognition of their existence as an independent Institute of the civil law on the legal consequences occurring as the result of unfair behavior at the pre-contractual stage. The author also draws attention to the complexity of the recognition of those or other actions of potential contractors of the existence of pre-contractual relations, which raises the question of whether their formalization through written fixation. In addition, the author considers the problem of implementation in the Russian legislation the principle of autonomy of will of parties to select the law applicable to pre-contractual relations. At the end the author comes to a conclusion that the most suited to modern commercial reality is an approach, according to which the principle of autonomy of will of the parties is a fundamental criterion for determining the law applicable to pre-contractual relations. The choice of such rights must be granted to the parties pre-contractual relations, as the conclusion of the main contract or after its conclusion (for example, if you have any pre-contractual dispute).

Theoretic and Practical Aspects of Protection of the Right of Ownership in the Hereditary Relations

2020 ◽  
Vol 27 (3) ◽  
pp. 95-108
Author(s):  
Iryna Dzera
Keyword(s):  
Negative Impact ◽  
Case Law ◽  
Effective Mechanism ◽  
Hereditary Property ◽  
Judicial Practice ◽  
The Subject ◽  
The Law ◽  
The Moment ◽  
State Registration ◽  
The Right

The relevance of the subject matter lies in the fact that inheritance is one of the most common grounds for acquiring property by individuals. Considering the fact that the heirs are often relatives of the testator, to avoid disputes between them, the law should contain an effective mechanism for resolving relations between heirs over the redistribution of inheritance or change of the order of inheritance, and a mechanism to protect the rights and interests of heirs in case of disputes. The purpose of this study is to identify gaps and inconsistencies in civil legislation and case law in the study of the main ways to protect the rights of heirs in hereditary relations, and ways to resolve them. It is noted that in the presence of disputes between the heirs, it is not the protection of property rights that is carried out, because the heirs have not yet acquired the right of ownership, but the protection of the right to inheritance, according to which they will be able to acquire ownership of the inherited property. There is a lack of a particular list of ways to protect the rights of heirs in the legislation of Ukraine, which has a negative impact on judicial practice, as they often use inappropriate methods of protection. The study analyses the case law of hereditary disputes and identifies the main mistakes that courts make in resolving such cases. Particular attention is focused on the study of such methods of protection as the recognition of the certificate of inheritance as invalid, the hereditary recognition of the property that belonged to the deceased, but was not part of the inheritance. The study investigates the moment of ownership of the hereditary property of the heirs and a critical analysis of the provisions of Article 1268 of the Civil Code, which determine the moment from which the inheritance belongs to the heir – namely from the moment of opening the inheritance. There is a conflict between the rules of Article 1268 and Article 3 of the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances" in terms of establishing the moment of ownership of immovable property by inheritance

Advantages and disadvantages of electronic identification using a mobile digital signature (MOBILE ID) in modern civil law

2021 ◽  
pp. 104-111
Author(s):  
Alexander Matsegorin ◽  
Oleksandra Tsaryk
Keyword(s):  
Electronic Commerce ◽  
Digital Signature ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Main Body ◽  
Electronic Signatures ◽  
Advantages And Disadvantages ◽  
Commodity Money ◽  
The Law

Problem setting. Due to the rapid impact of information and communication technologies on commodity-money relations, which are in the sphere of civil turnover in Ukraine, the number of contracts concluded in electronic form is significantly increasing. The scope of electronic documents both in contractual civil law relations and in general in the relations of individuals with government agencies, courts and other public law entities has a clear tendency to expand and grow. Thus, in many areas of commodity-money exchange, the interaction of executors and customers (clients) has reached a completely new organizational and legal level and is carried out exclusively online, because the territorial remoteness and implementation of quarantine measures against COVID-19 is not always possible to sign an agreement on paper. These statements determine the relevance of the chosen research topic. The object of the study is the civil legal relationship using a mobile digital signature (Mobile ID). The subject of the research is the advantages and disadvantages of electronic identification with the use of mobile digital signature in civil circulation. The state of research of the problem. Such scientists as M. I. Anokhin, Yu. V. Borodakiy, N. P. Varnovsky, V. M. Glushkov, M. V. Denisova, M. M. Dutov, A.V. Kobets, G.I. Kupriyanova, A. Matvienko, V. A. Onegov, I. A. Semaev, V. A. Shakhverdov, M. N. Tsyvin, V. V. Yashchenko and others. The target of research is to study the features of the legal regulation of electronic digital signature of a person and his legal status with the analysis of issues arising from the use of such a signature in civil turnover, the formulation of proposals for their solution. Article’s main body. The possibility of using mobile digital signatures in the document flow is provided by the relevant regulations. The Law of Ukraine “On Electronic Digital Signature” adopted on May 22, 2003, defines the legal status of an electronic digital signature and regulates the relations that arise when using an electronic digital signature. This Law does not apply to relations arising from the use of other types of electronic signatures, including digitized images of handwritten signatures. At the same time, the provision of Part 3 of Article 207 of the Civil Code of Ukraine on the use of facsimile reproduction of the signature by means of mechanical, electronic or other copying, as well as electronic signature or other analogue of handwritten signature with the written consent of the parties, which must contain samples handwritten signatures. The legislative base on electronic signatures is currently constantly growing, a passport of a citizen of Ukraine in the form of a card with a contactless electronic carrier (and an electronic digital signature) has been introduced into the continuum of indirect electronic reality. The Law of Ukraine "On Electronic Commerce" of September 3, 2015 regulates the legal regulation of the field of electronic commerce in Ukraine, defines the procedure for electronic transactions with the use of information and telecommunications systems. The legal basis for the provision of electronic trust services, including cross-border, the rights and obligations of the subjects of legal relations in the field of electronic trust services are subject to the Law of Ukraine "On electronic trust services" of October 5, 2017. The number of diverse legal material causes some difficulties in the practical application of a mobile digital signature. Differences in national terminology, which are contained in different sources, as well as existing legal gaps determine the relevance of this problem and require appropriate research. Conclusions and prospects for the development. The scientific novelty of the study is a comprehensive consideration of this topic, namely: the pros and cons of using a mobile digital signature, making suggestions for improving existing legislation with concepts and functions related to the use (Mobile ID).

On Legal Nature and Classificatory Identity Standards of Law Enforcement Ethics

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Рафаиль Валиев ◽  
Rafail Valiev
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Legal Regulation ◽  
Problem Situation ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
Legal Forms ◽  
Enforcement Activity

Based on the problem situation conditioned by indeterminacy of institutional position of the standards of law enforcement ethics within the mechanism of contemporary law enforcement regulation, the author attempts to analyze the legal nature of the above standards. The study reveals that the legal nature of standards of law enforcement ethics is conditioned by the necessity to protect the identity of citizens and the law enforcement system itself from the negative impact produced by various forms of irregular conduct by subjects of law enforcement. As a result of comparing the standards of law enforcement ethics and the rules of law the author establishes that according to the technical-legal forms of their external expression and other attributes, as well as their regulatory potential, the standards of law enforcement ethics are comparable to the status of the rules of law. The study permits us to conclude that the standards of law enforcement ethics possess the classificatory identity typical of the protective rules of law represented by relations in the field of law enforcement activity. This identity is conditioned by the specificity of the subject of their regulation. The standards of law enforcement ethics are of subsidiary significance as they supplement and develop standards of status laws in matters of legal regulation of the moral aspect of the law enforcement activity.

scholarly journals Carbon Tax Perspectives in Ukraine: Legal Regulation and Comparison of the National and European Experience of Implementation

2018 ◽  
Vol 5 (2) ◽  
pp. 137-144
Author(s):  
Svitlana Romanko
Keyword(s):  
Environmental Protection ◽  
Carbon Tax ◽  
Negative Impact ◽  
Renewable Energy Sources ◽  
Energy Transition ◽  
Legal Regulation ◽  
Environmental Tax ◽  
Protection Measures ◽  
Carbon Taxation ◽  
Business Entities

Environmental tax in general is one of the state's instruments in environmental protection and financing of the environmental protection measures. The purpose of the tax is to encourage business entities to reduce emissions / discharges of pollutants into the air / water bodies, to establish direct dependence of the amount of tax deductions on the degree of negative impact on the environment, mobilization of funds to budgets of different levels in order to finance the costs of protection and rational use of natural resources. This article examines and compares with Ukraine and EU countries the experience, rates and background policies of the carbon taxation. The carbon tax as an environmental tax with a significant effect on economic and legal incentives for business entities and state authorities to fulfill the policy of energy efficiency, energy saving and energy transition to renewable energy sources what is coincided with the mitigation of greenhouse gas emissions and achievement of National Determined Contributions according to the Paris Agreement and Kyoto Protocol. The main issue is that rate of carbon tax, used nowadays in Ukraine is not being sufficient to provide the energy transition of country economy to the less consuming model according the examples from Germany, Netherlands, Finland and other countries of Europe. Interconnected linkage between carbon tax, energy and climate policy is proven in the article along with mechanisms of economic, political and environmental peculiarities and benefits of the carbon taxation regulation improvement in national legislation

scholarly journals Transaksi Fiktif Melalui Marketplace Daring Memanfaatkan Promo Cashback

2020 ◽  
Vol 23 (02) ◽  
pp. 119-127
Author(s):  
Christian Tarapul Anjur Hasiholan ◽  
Anton Hendrik Samudra
Keyword(s):  
Electronic Commerce ◽  
Negative Impact ◽  
Positive Impact ◽  
Cyber Crime ◽  
Electronic Information ◽  
The Law

The present development of technology, mainly with the presence of internet has presented new ways and opportunities in business, namely by electronic commerce (e-commerce). Despite having positive impact, e-commerce also has the potential to cause a negative impact, that is by cyber crime. This research is intended to analyse the possibility of a new cyber crime mode which utilizes cashback promotion in e-marketplace (mainly known as marketplace). The mode used by the perpetrators is to make fictitious transaction in order for the system of marketplace to provide many cashback promos for each transaction made. The perpetrators are allowed to do this mode because they take advantage of the flaw in the system of the marketplace due to the availability of the cashback promo for all of the consumer. The emergence of the possibility of a new cyber crime mode shows the importance of this case to be assessed based on The Law of Republic Indonesia Number 19 of 2016 Concerning Amandment to The Law of Republic Indonesia Number 11 Number 11 of 2008 concerning Electronic Information and Transactions when a transaction is considered as manipulative.

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