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Review of law sciences

Abstract

the essence and significance of transactions in electronic commerce are characterized, the features and the order of their conclusion are shown, problems and legal conflicts arising during electronic data exchange are revealed

References

1. Ananko. Conclusion of contracts by electronic data exchange. http://www.russianlaw.net/law/doc/a123.htm. 2. D.K. Aleksandrov. Electronic-digital form of the contract. http://www.russianlaw.net/law/doc/a111.htm. 3. A. Ananko. Electronic form of transaction in international trade. http://www.russianlaw.net/law/doc/a124.htm. 4. Article 2 of the EU Directive “On electronic signatures”, 1999 (DES) defines an electronic signature that shall meet the following requirements: (1) is uniquely associated with the signatory; (2) is sufficient to identify it; (3) is created by means of funds under the sole control of the signatory; (4) is linked to the data to which it relates in such a way that any subsequent change in the data becomes apparent. A "certificate" ("qualified certificate") is used to verify the electronic signature. A certificate is an electronic certificate that links the data for the verification of an electronic signature with a certain person and confirms the identity of that person. 5. See: Kay R. Authentication // Computer-World Russia.  2000. – April 13. 6. Classification is given by A.V. Shamraev. Legal regulation of information technologies (analysis of problems and basic documents).  M.: Statut, Intertech, BDCpress, 2003. – P.3943. 7. Translation of UCC of the USA. See: The Uniform Commercial Code of the United States / Edited by S.N. Lebedev. – М., 1996. 8. It is important to establish the presumption of the validity of an order in the case of an agreed security procedure, as in the case of forgery of the corresponding means of authentication of one party or access to it by an unauthorized person, the messages contained in the electronic document (s) will be considered by the other party as genuine. See differences between traditional and electronic authentication methods in UNCITRAL Model Law “On international credit transfers” (p. 33–35, division 1, Article II). 9. A.V. Shamraev, opere citato.  2003. p.40. 10. Many scientists who study the relationship in "e-business", called e-commerce stimulator of competition and identify a number of properties of the Internet that can affect the development of intra-competition. See: Kelly K. New Rules for the New Economy: 10 Radical Strategies for a Connected World.  Penguin, 1999. 11. A. Ananko. opere citato. http://www.russianlaw.net/law/doc/a123.htm. 12. Part 1, Article 365 of the Civil Code of the Republic of Uzbekistan. 13. Article 369 of the Civil Code of the Republic of Uzbekistan states: "Advertising and other proposals addressed to an indefinite number of persons are considered as an invitation to make offers, unless otherwise expressly stated in the proposal, containing all the essential terms of the contract proposal, from which the will of the person making the offer is seen to enter into an agreement on the conditions specified in the proposal, anyone who responds is recognized as an offer (public offer)". The essential terms of the contract are determined taking into account the peculiarities and requirements of the legislation to each specific type of obligation. 14. A.N. Ivlev. Law, Internet, reality. – P. 7-7.  1998. http://www.russianlaw.net/law/doc/a69.htm. 15. Articles 370  373 of the Civil Code of the Republic of Uzbekistan. 16. Part 4, Article 367 of the Civil Code of the Republic of Uzbekistan. 17. "Foreign trade transactions include contracts for the sale of goods, as well as contracts, commissions and a number of other contracts concluded between organizations and firms of different states. The most common type of foreign trade transactions is the contract of foreign trade sale". М.М. Boguslavskiy  М.: Lawyer, 2002.  P.222. 18. E. Leanovich. Problems of legal regulation of Internet relations with a foreign element. http://www.russianlaw.net/law/doc/a102.htm. 19. A certain jurisprudence has already formed in the matter of choice of jurisdiction in the countries of the Anglo-Saxon legal system. See: Court cases: McDonough vs. Fallon McElligott, Benson Restaurant Corp. vs. King, Compuserve, Inc. vs. Patterson, Minnesota vs. Granite Gate Resorts, Inc, Digital Equipment Corp. vs. Altavista Technology, Inc., Maritz, Inc. vs. CyberGold, Inc. Ibid.

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