Theory and practice of signing electronic agreement in Russia, CIS, and EU countries

Ahverdiev E.

The article deals with issues related to the conclusion of the contract in electronic form. In modern legal realities, there is a tendency to change the entire business environment, which is changing in the lap of information society. The object of consideration in this article are the Federal legislation of the Russian Federation relating to the regulation of electronic contracts; legal acts of the CIS and the EU, as well as judicial practice of Russia and England. Domestic legal regulation in the considered part is in its infancy, which shows the lack of categorical apparatus and eclectic judicial practice. More progressive when the comparative analysis has shown himself to be the legislation of Western European countries and the EU. At the same time, it should be noted that, for example, in the CIS model laws, the conceptual apparatus associated with the conclusion of contracts in electronic form, receives the most detailed consolidation. According to the results of the study, the measures that in our opinion can give impetus to the modernization of Russian legislation are proposed. Of course, the recommendations presented will not be able to give a momentary positive effect. However, these measures can become a basis for changing the negative trends of judicial practice.

Keywords:electronic contract, qualified electronic signature, offer, e-Commerce, contract form, UNISTRAL, equality of the parties.