Electronic commerce as a tool for implementation of the constitutional right to business activity

The scientific article examines the essence and development of e-commerce as a key element of the modern economy, which significantly changes traditional business models and creates new opportunities for entrepreneurs and consumers. The impact of information and communication technologies on economic development is analyzed and their decisive role in the implementation of electronic commerce is indicated. Several key innovations that have fueled the rapid growth of e-commerce are explored, namely: AI-powered personalization, omni-channel commerce across platforms, and the integration of secure electronic payments using emerging technologies such as blockchain. In addition to technological aspects, social and economic factors that contributed to the development of e-commerce are considered, including the COVID-19 pandemic, changing consumer habits and the growth of logistics companies. The article also covers the issue of legal regulation of electronic commerce, analyzing international legal acts. It is concluded that e-commerce is a complex phenomenon that includes not only trade transactions but also related business processes such as marketing, data processing and supply chain management. The need for further development of the legal framework for its effective functioning in Ukraine and the world is indicated. E-commerce is proposed to be understood as the process of buying, selling or exchanging goods, services and information using electronic means, mainly through Internet platforms, covering a variety of business processes, such as: online trade, electronic payments, digital marketing, supply chain management, etc. . It was established that the relationship between the right to entrepreneurial activity and e-commerce is that e-commerce is one of the forms of entrepreneurial activity that is adapted to the modern conditions of the digital economy and the development of information technologies, in particular, this relationship is embodied through the prism the following legal relations: the right to entrepreneurial activity as a basis. The constitutional right to entrepreneurial activity provides an opportunity to freely choose and carry out economic activity for the purpose of obtaining profit. This right covers the freedom to choose the form of doing business, dispose of profits and protect one’s interests in the process of carrying out economic activities; digitalization as a form of entrepreneurship. Electronic commerce (e-commerce) expands the traditional possibilities of conducting business, offering new ways for entrepreneurs through the Internet. It covers not only the purchase and sale of goods and services, but also various business processes related to the exchange of digital information, conducting financial transactions and managing logistics; digital capabilities. Thanks to electronic commerce, the right to do business is expanded by accessing global markets and simplifying interaction with customers, which allows doing business regardless of geographical boundaries and time. Entrepreneurs can quickly implement new technologies, automate business processes and provide an individual approach to consumers through digital platforms; protection, security and settlement. Thus, the state, realizing the constitutional right to entrepreneurial activity, must ensure legal regulation of electronic commerce. This includes the protection of consumer rights, control over the quality of services, regulation of digital signatures, protection of personal data and support for the security of online payments; innovation and competition. E-commerce stimulates the development of entrepreneurship, increasing competition through opportunities for innovation. Entrepreneurs working in e-commerce gain competitive advantages due to the efficiency of digital technologies and global opportunities.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2024-10-12
DOI
https://doi.org/10.24144/2788-6018.2024.05.11
Primary Topic
Corporate Governance and Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Electronic commerce as a tool for implementation of the constitutional right to business activity

Y.M. Bysaga
Analytical and Comparative Jurisprudence
Corporate Governance and Law
article

Electronic commerce as a tool for implementation of the constitutional right to business activity

Y.M. Bysaga
article en

Abstract

The scientific article examines the essence and development of e-commerce as a key element of the modern economy, which significantly changes traditional business models and creates new opportunities for entrepreneurs and consumers. The impact of information and communication technologies on economic development is analyzed and their decisive role in the implementation of electronic commerce is indicated. Several key innovations that have fueled the rapid growth of e-commerce are explored, namely: AI-powered personalization, omni-channel commerce across platforms, and the integration of secure electronic payments using emerging technologies such as blockchain. In addition to technological aspects, social and economic factors that contributed to the development of e-commerce are considered, including the COVID-19 pandemic, changing consumer habits and the growth of logistics companies. The article also covers the issue of legal regulation of electronic commerce, analyzing international legal acts. It is concluded that e-commerce is a complex phenomenon that includes not only trade transactions but also related business processes such as marketing, data processing and supply chain management. The need for further development of the legal framework for its effective functioning in Ukraine and the world is indicated. E-commerce is proposed to be understood as the process of buying, selling or exchanging goods, services and information using electronic means, mainly through Internet platforms, covering a variety of business processes, such as: online trade, electronic payments, digital marketing, supply chain management, etc. . It was established that the relationship between the right to entrepreneurial activity and e-commerce is that e-commerce is one of the forms of entrepreneurial activity that is adapted to the modern conditions of the digital economy and the development of information technologies, in particular, this relationship is embodied through the prism the following legal relations: the right to entrepreneurial activity as a basis. The constitutional right to entrepreneurial activity provides an opportunity to freely choose and carry out economic activity for the purpose of obtaining profit. This right covers the freedom to choose the form of doing business, dispose of profits and protect one’s interests in the process of carrying out economic activities; digitalization as a form of entrepreneurship. Electronic commerce (e-commerce) expands the traditional possibilities of conducting business, offering new ways for entrepreneurs through the Internet. It covers not only the purchase and sale of goods and services, but also various business processes related to the exchange of digital information, conducting financial transactions and managing logistics; digital capabilities. Thanks to electronic commerce, the right to do business is expanded by accessing global markets and simplifying interaction with customers, which allows doing business regardless of geographical boundaries and time. Entrepreneurs can quickly implement new technologies, automate business processes and provide an individual approach to consumers through digital platforms; protection, security and settlement. Thus, the state, realizing the constitutional right to entrepreneurial activity, must ensure legal regulation of electronic commerce. This includes the protection of consumer rights, control over the quality of services, regulation of digital signatures, protection of personal data and support for the security of online payments; innovation and competition. E-commerce stimulates the development of entrepreneurship, increasing competition through opportunities for innovation. Entrepreneurs working in e-commerce gain competitive advantages due to the efficiency of digital technologies and global opportunities.

Analytical and Comparative Jurisprudence(5)
Human Growth Foundation (US)
Openalex Percentile: Top 69%
Corporate Governance and Law
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