THE EXPERIENCE OF LEGAL REGULATION OF THE DEVELOPMENT OF THE DIGITAL ECONOMY ON THE EXAMPLE OF THE LEADING COUNTRIES OF THE WORLD

Yaroslav Kostiuchenko
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引用次数: 1

Abstract

The article is devoted to the experience of legal regulation of the digital economy on the example of the world's leading countries. The main spheres and branches of the digital economy that are the subject of legal regulation in the leading countries of the world are identified. A review of acts of legislation of foreign countries governing certain areas and types of legal relations covered by the concept of "digital economy". The opinion is substantiated that the development of the digital economy and its spread have set before the leading countries of the world a priority task to ensure the legal regulation of the relevant processes. The author examines the legislation of such foreign countries as Australia, Great Britain, Italy, France, USA, Japan and others, which defines the basic concepts and terms in the digital economy, establishes the legal regime of digital technology in the economy. It is argued that the peculiarity of the legislation of foreign countries in the study area is that it pays special attention to ensuring the protection of human rights, prevention of cyberattacks. The author describes international and European acts in the field of regulating the development of the digital economy. Based on the review of international law, it was found that its main achievements are: the formation and unification of terminological and conceptual apparatus, regulation and generalization of rules for concluding contracts in electronic form, determining the legal force of notifications and data transmission. used in the conduct of activities in the field of e-commerce, as well as measures to protect consumer rights. Based on the analysis of the experience of foreign countries in the field of digital economy regulation, a number of recommendations have been developed to improve national legislation in the field of digital economy regulation. It is substantiated that the primary task is to plan legislative activities in this area, which will ensure the consistency and orderliness of the adoption of relevant legal acts in the field of digital economy regulation.
数字经济发展的法律规制经验——以世界主要国家为例
本文以世界主要国家为例,探讨数字经济法律规制的经验。确定了世界主要国家对数字经济进行法律监管的主要领域和分支。对“数字经济”概念所涵盖的某些领域和法律关系类型的外国立法行为的审查。事实证明,数字经济的发展和传播,给世界主要国家提出了一项优先任务,即确保对相关过程进行法律监管。笔者考察了澳大利亚、英国、意大利、法国、美国、日本等国的立法,界定了数字经济中的基本概念和术语,建立了数字经济中数字技术的法律制度。本文认为,国外在该研究领域立法的特殊性在于特别注重保障人权、防范网络攻击。作者描述了国际和欧洲在规范数字经济发展领域的行为。根据对国际法的审查,它的主要成就是:形成和统一术语和概念工具,管理和推广以电子形式订立合同的规则,确定通知和数据传输的法律效力。在电子商务领域开展活动所使用的,以及保护消费者权益的措施。在分析国外数字经济监管经验的基础上,提出了完善数字经济监管领域国家立法的若干建议。实践证明,首要任务是规划这一领域的立法活动,这将确保数字经济监管领域相关法律行为的一致性和有序性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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