E-commerce in Regulatory Architecture: Searching for a Balance of Interests

Abstract

The development of digital technologies significantly simplifies the entry of small and medium-sized businesses into both national and foreign markets. However, overcoming territorial barriers through limitless Internet technologies leads to the question of legal mechanisms for regulating relations in the field of e-commerce, about the adequate response of Russian society to great challenges, taking into account the interaction of man and technology, social institutions at the present stage of global development.
Such big challenges include, first of all, a qualitative change in the legal space itself, which is being formed under the influence of new actors — electronic trading platforms (online platforms). Private stakeholders — representatives of the business community and Internet service providers — also actively participate in the development of standards for non-state regulation of e-commerce. The digitalization of contractual relations has influenced not only the tools, but also made qualitative adjustments to the foundation of the regulation of private law relations, which requires a comprehensive study, conceptualization and development of a scholar approach to the regulation of contractual relations in the Internet environment, taking into account the positive experience of foreign countries that are leaders in the field of electronic commerce,
however, focusing on our own legal traditions. The article examines the debate about the applicability of traditional legal approaches to relations in the digital environment; approaches to the legal regulation of electronic commerce are analyzed, including those adopted by international organizations (UNCITRAL), regional integrations in the European and Eurasian space, as well as national legislators; models of non-state regulation of electronic commerce are explored. It is concluded that in the current conditions of digitalization of the business environment, establishing a balance of rights and interests of all participants in electronic commerce seems possible only through the introduction of special mandatory regulatory requirements. The task at hand will be met to a greater extent by approving of a special legislative act that would form the basis for carrying out trade activities in the digital space and take into account modern trends in legal regulation in this area.