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The legal regulation of the electronic signature in the implementation of cross-border e-trade

Kozinets Nikita V.  (Postgraduate of the Department of Private International Law, Moscow State Law University OE Kutafin (Moscow State Law Academy))

This article is dedicated to the recognition of electronic signatures with the certificate of action in the field of cross-border e-commerce. When regulating the relations arising in the field of cross-border e-commerce, sharply raises the question of the validity of electronic documents, which makes it necessary to use an electronic signature, as well as to the issue of its recognition. To address this issue requires careful study of existing UNCITRAL Model Law, the definition of an electronic signature models proposed by these documents. At the same time we need to understand the goals and objectives of the Model Law - harmonization of national legal systems, hence the need to study the basic variants of recognition of electronic signatures as an example of different countries. The article based on the analysis of UNCITRAL texts of EU legislation, the US and Russia, as well as doctrinal approaches investigated especially the recognition of electronic signatures, the harmonization of national legal systems in the sphere of relations.

Keywords:Cross-border e-commerce, e-signature, lex informatica, the applicable law, a foreign element, remote signing of documents.
 

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Citation link:
Kozinets N. V. The legal regulation of the electronic signature in the implementation of cross-border e-trade // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2016. -№03. -С. 137-139
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