Conclusion of civil contracts using information and communication systems

Abstract

The article analyzes the legislative regulation of contractual relations using information and communication systems. The author’s classification of contracts, the subject of which is a digital thing or digital services, is proposed. The norms of the laws of Ukraine «On electronic commerce», «On digital content and digital services» in the part of concluding contracts with the use of information and communication systems were studied. It has been proven that the provision on the civil contract permeates both the sphere of private relations and the sphere of public relations, which are regulated by the norms of national legislation. The author’s analysis of the features of an electronic contract, a smart contract (smart agreements, smart contracts) as a type of civil contract is provided. It is proposed to legislatively determine the general principles of concluding, acting and terminating smart contracts (agreements) using blockchain technologies, taking into account the development of market relations and international experience. The general provisions of the draft Law on Artificial Intelligence (Artificial Intelligence Act, AI Act), which is being discussed by the member states of the European Union, in terms of the regulation of contractual relations with the help of artificial intelligence systems, have been analyzed. The methodological basis of the research is the philosophical and legal basis of knowledge of social phenomena, in particular those related to the protection and protection of the rights of individuals in contractual law. In particular, dialectical, systemic-structural, normative-logical, sociological, comparative-legal methods of cognition are applied. Based on the results of the research, it is proposed to improve the norms of the civil legislation of Ukraine. The results of the research can be used in further scientific articles, in the educational process, as well as by the subjects of the legislative initiative.