Vekha A. F.

Baimagambetova Z.M. (scientific adviser)

Al -Farabi Kazakh National University, Kazakhstan

 

Conception and content of electronic commerce activity

 

Implementation of modern information and communication technologies has led to major changes in economy. The use of electronic telecommunication systems in commercial activity called by «electronic commerce» got a wide circulation [1, p.16]. Currently, there is a need for development of the general understanding of electronic commercial activity or electronic commerce which will allow to offer  faster the acceptable rules of a regulation of these relations, including interrelation of regulation of electronic economic activity with the general regulation of information and communication technologies [1, p.17 ].

Practice of legal regulation in different countries and experience of law-making activity of international organizations show that the definitions of the term «electronic commerce» are very different from each other. In this regard, we distinguish the main approaches to the considered phenomenon formed in modern jurisprudence [2].

According to one of approaches, electronic commerce should be considered as a special form of transactions in which their conclusion and execution is carried out by using electronic means of communication.  In particular, the author of definition emphasizes an invariance of the legal nature of such transactions and the need of their regulation by the rules of law intended for the regulation of a certain type of relationship [1, p.21].

In the monograph S. K. Ilyichev carries «any forms of the business transaction, which is carried out by means of information networks» to electronic commercial activity [3, p.36].

According to the Joint Statement of Councils for Trade and Industry of Japan and the United States «electronic commercial activity is understood as the business activity which is carried out through electronic means of communication» [4]. From the point of view of N. I. Solovyanenko, it is necessary to consider electronic commercial activity as «the conclusion in an electronic form of various transactions in the sphere of business, both in international and domestic markets» [5, p.48].

According to L.A. Bragin, electronic commerce is a «commercial activity in any sphere of business which is carried out by means of information and telecommunication technologies and systems» [6, p.14].

Reference of electronic commerce to business activity is the characteristic feature uniting above-mentioned definitions of the studied concept.

Electronic commercial activity is associated quite often only with business operations through the global computer network [1, p.22].

According to the statement of  G. K. Dmitrieva, «electronic commerce is a transfer of legal documents in international business transactions through the World Wide Web» [7, p. 432].

E. Stepanenko defines electronic commercial activity as «acquisition of goods by means of worldwide network» [8, p.23].  Specialists of the Microsoft company also associate this concept only with trade activity on the Internet: «Electronic trading (electronic commerce) – a type of business activity in which commercial interaction of subjects of business is carried out on the Internet" [9].

In a broader understanding, electronic commercial activity is any kinds of transactions (not only in the sphere of business activity) at which interaction of the parties are carried out in the electronic way instead of direct physical contact [1, p. 22].

According to D. Gulko, electronic commerce represents «set of technical and organizational forms of conducting commercial activity and transactions with use of electronic systems and the Internet as a means of interaction with partners, banks, suppliers and consumers of goods and services» [10, p. 43].

Besides, Government of Canada and Government of the United States, the Ministries of some states consider electronic commercial activity as technological category. In particular, the Ministry of Economy, Finances and Industry of France refers «a set of operations on electronic data interchange related to business activities: communication and transactions with goods or services» to electronic commerce [11].

We note that the separate international organizations, in particular, the International Chamber of Commerce, the International Union of Telecommunication, the Organization for Economic Cooperation and Development deal with issues of a regulation of electronic document, but they do not give their definition of concept of electronic commercial activity yet.

At the moment, only the WTO offered the concept of electronic commerce as «electronic commercial activity which includes production, distribution, marketing, sale of goods and services by electronic means» [12].

Under the Model Law "On electronic commerce" 1996, developed by the United Nations Commission on International Trade Law, the term "electronic commerce" should be interpreted broadly so as to cover questions arising from all relationships of a commercial nature both treaty and non-treaty. Electronic commerce should not be limited only to a framework of purchase and sale, because it covers a number of commercial civil transactions concluded by electronic means through the Internet or through electronic networks.

Currently, there is a set of the directions in definition of the concept «electronic commercial activity», nevertheless, unified concept of this definition is not present yet.

Absence of common understanding of electronic commerce can be explained with novelty and fast development of this sphere of public relations. However, Zazhigalkin A.V. believes that at the present stage it is already possible to try to reveal the concept of electronic commerce, and not only for scientific purposes, but also for practical use, including legal regulation of this phenomenon [1, p. 26].

Taking into account all above definitions of the studied concept, it is possible to formulate the following definition: electronic commercial activity in a broad sense is understood as a set of organizational and technical forms of conducting business activity and commission of various commercial operations (including non-business activities) both in the domestic and international markets, in which interaction of the parties is carried out by means of use of information communication technologies, that is an electronic way.

 

                                                   References

1 Zazhigalkin A. V. Mezhdunarodno-pravovoe regulirovanie elektronnoy kommertsii.: Dis. kand. yur. nauk. Sankt-Peterburg, 2005. - 189 s.

2 Skiba O. D. Pravovoe regulirovanie elektronnoy kommertsii v mezhdunarodnom prave // Molodoy uchenyiy. -  2014. - ¹11.1. — P. 58-62

3  Ilichev S.K. Osobennosti nalogooblozheniya v sfere elektronnoy kommertsii / – M.: Market DS, 2004. – 188 s.

4 Joint Statement on Electronic Commerce, Committees of U.S. – Japan Business Council, Inc. and Japan - U.S. Business Council. 07.1999 - http: //www.state.gov/r/pa/prs/ps/2011/06/166597.htm

5 Solovyanenko N.I. Problemyi i napravleniya pravovogo regulirovaniya Internet-treydinga // Ryinok tsennyih bumag. - 2000. - ¹ 23 (182). - P. 48

6 Elektronnaya kommertsiya: Ucheb.posobie / Pod obsch. red. L.A. Bragina. M.: Ekonomist', 2005. -  P. 446

7 Mezhdunarodnoe chastnoe pravo: Uchebnik. / Otv.red. G.K.Dmitrieva. M., 2004. - P. 688

8 Stepanenko E. Elektronnaya kommertsiya v Rossii. Osnovnyie voprosyi // HiP. 2000. - ¹12. - P. 23

9 Sm. informatsiyu na sayte: www.micrisoft.com/

10 Gulko D. V2V: promyishlennyie sistemyi elektronnoy kommertsii. Kontseptsii i tehnologii razrabotki // Otechestvennyie tehnika i tehnologii.  - 2001. - ¹ I. - P. 43.

11 Commerce electronique: Une nouvelle donne pour les consommateurs, les entreprises, les citoyens et les pouvoirs publics, Rapport Du Groupe De Travail Preside Par M. Francis Lorentz, Ministere de l'Economie, des Finances et de l'Industrie. 1998. - http://www.entreprises.gouv.fr/secteurs-professionnels/industrie

12 Ofitsialnyiy sayt VTO - http://www.wto.org/