Vectors of Development of E-Commerce Regulation in Russia and Abroad

Being one of the fastest growing segments of the modern economy and a factor of the intensification of civil turnover, e-commerce cannot develop effectively without proper legal tools that would take into account the interests of all involved parties participating not only in “internal” but also cross-border transactions. The article attempts to analyze the models of legal regulation of electronic commerce reflected in the foreign legislation of countries from various regions and representing various legal systems. The research uses private law (formal legal, formal logical, comparative legal, interpretation of law) and general scientific methods. Special attention is paid to the analysis of current domestic legislative initiatives in e-commerce regulation. The author notes the lack of consistency of the proposed regulation, the presence of controversial norms and approaches in the draft laws that contradict those adopted in Russian legislation. It is concluded that the conceptual elaboration of the legal gap should be at the heart of the development of legislative innovations due to scientific and technological development, and as a result of the change in technological structure. It is precisely such a scientifically based policy document that should define the main objectives of the projected regulation and possible regulatory mechanisms corresponding to these goals, taking into account the specific needs of civil turnover. At the same time, it is certainly important to ensure a systemic connection in the complex of legal, economic, technical, and moral rules and to identify correlations between them and the external environment. At the same time, it is noted that advanced foreign experience and best practices in the field e-commerce, taking into account their critical understanding for the aims of development of domestic regulatory policy, could be used, first of all, as the basis for the concept of legislation development in the field under consideration, and subsequently used in the design of the relevant norms of federal law.

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Publication Details

Journal
Journal of Russian Law
Published
2025-01-01
DOI
https://doi.org/10.61205/s160565900033389-1
Primary Topic
Digitalization and Economic Development in Agriculture
Type
article
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article

Vectors of Development of E-Commerce Regulation in Russia and Abroad

Olesya Sergeeva
Journal of Russian Law
Digitalization and Economic Development in Agriculture
article

Vectors of Development of E-Commerce Regulation in Russia and Abroad

Olesya Sergeeva
article en

Abstract

Being one of the fastest growing segments of the modern economy and a factor of the intensification of civil turnover, e-commerce cannot develop effectively without proper legal tools that would take into account the interests of all involved parties participating not only in “internal” but also cross-border transactions. The article attempts to analyze the models of legal regulation of electronic commerce reflected in the foreign legislation of countries from various regions and representing various legal systems. The research uses private law (formal legal, formal logical, comparative legal, interpretation of law) and general scientific methods. Special attention is paid to the analysis of current domestic legislative initiatives in e-commerce regulation. The author notes the lack of consistency of the proposed regulation, the presence of controversial norms and approaches in the draft laws that contradict those adopted in Russian legislation. It is concluded that the conceptual elaboration of the legal gap should be at the heart of the development of legislative innovations due to scientific and technological development, and as a result of the change in technological structure. It is precisely such a scientifically based policy document that should define the main objectives of the projected regulation and possible regulatory mechanisms corresponding to these goals, taking into account the specific needs of civil turnover. At the same time, it is certainly important to ensure a systemic connection in the complex of legal, economic, technical, and moral rules and to identify correlations between them and the external environment. At the same time, it is noted that advanced foreign experience and best practices in the field e-commerce, taking into account their critical understanding for the aims of development of domestic regulatory policy, could be used, first of all, as the basis for the concept of legislation development in the field under consideration, and subsequently used in the design of the relevant norms of federal law.

Journal of Russian LawVol. 29(3)
The Institute of Legislation and Comparative Law under the Government of the Russian Federation (RU)
Openalex Percentile: Top 84%
Digitalization and Economic Development in Agriculture
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