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March 2017 (published: 15.03.2017)
Number 1(28)
Home > Issue > Analysis of law-enforcement practice of electronic commerce and problem
of sale of the software
Zhuzhoma I.N., Kozin A. V.
Scientific and technological progress and production in the mid 70-ies of the last century, the first personal computer, greatly intensified research in the field of data transmission, and to the 90-th years of the World Wide Web became available to the public: Commerce firmly on the "electronic tracks", and the term "electronic commerce" has become firmly established in our lives. This article describes the current state of e-commerce in the Russian Federation. Considered criteria of typology of e-commerce in general, and e-commerce in particular. Presented legal assessment of commercial transactions carried out via the Internet. It describes the problems in transactions through conclusive action. The key role in the formation of this kind of problem playing for the courts, because many lawyers confirmed the difficulty of use of electronic documents in the publicly-legal relations at the present stage. It automatically determines the failure of reality to the civil point of view. Shown are typical legal problems in distance selling software, such as the absence of actual delivery and payment of electronic means of payment. The cases in which the need to use of cash registers and provides recommendations of executive authorities of the Russian Federation. In the final part conclusions about the need for changes to certain legal acts of the Russian Federation, and specific examples of such changes.
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Keywords: e-commerce software, the sale of goods via Internet, the legal regulation of electronic transactions.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
UDC 339.16, 347.73, 004.44
Analysis of law-enforcement practice of electronic commerce and problem
of sale of the software
Scientific and technological progress and production in the mid 70-ies of the last century, the first personal computer, greatly intensified research in the field of data transmission, and to the 90-th years of the World Wide Web became available to the public: Commerce firmly on the "electronic tracks", and the term "electronic commerce" has become firmly established in our lives. This article describes the current state of e-commerce in the Russian Federation. Considered criteria of typology of e-commerce in general, and e-commerce in particular. Presented legal assessment of commercial transactions carried out via the Internet. It describes the problems in transactions through conclusive action. The key role in the formation of this kind of problem playing for the courts, because many lawyers confirmed the difficulty of use of electronic documents in the publicly-legal relations at the present stage. It automatically determines the failure of reality to the civil point of view. Shown are typical legal problems in distance selling software, such as the absence of actual delivery and payment of electronic means of payment. The cases in which the need to use of cash registers and provides recommendations of executive authorities of the Russian Federation. In the final part conclusions about the need for changes to certain legal acts of the Russian Federation, and specific examples of such changes.
Read the full article
Keywords: e-commerce software, the sale of goods via Internet, the legal regulation of electronic transactions.
DOI 10.17586/2310-1172-2017-10-1-70-77