PRINCIPLES OF LAW AS A TOOL FOR IMPROVING THE LEGAL REGULATION OF CONTRACTUAL RELATIONS ON THE INTERNET

Gavrilov Vladimir Nikolayevich, Fatekhov Alexander Kamilevich

Introduction. In today’s world state-legal institutions are being influenced by the development and introduction of information technologies in all realms of public relations, that defines the need for consistent systematic development of branch law regulation that meets both the social matrix values of the national legal system, which have been institutionalized in the provisions of current legislation and policy documents, as well as recognized within the framework of theoretical and legal discourse, and the development of the material and technical facilities of the relevant digitalization relations, it is valid to emphasize the need for the development of legally binding relations regulation in the information and telecommunications network "Internet" as one of the most urgent challenges of modern civil law. Theoretical analysis. The study consistently, starting from the ratio of subjective and objective in law issue, taking into account the legal opinions of the Russian Federation Supreme Court, as well as the analysis of the dynamics of changes in domestic legislation in the relevant part, substantiates the theoretical possibility of using the principles of law in the framework of legal research, in order to identify contractual relations, the very emergence of which is due to a certain level of functioning, development and distribution of the information and telecommunication network "Internet", as well as determining the main directions for improving the provisions of the liability law in the relevant part. Empirical analysis. For the sake of the authors’ hypothesis confirmation, on the example of the contractual freedom principle, the analysis of the implementation of the basic principles in the regulation of an unnamed contract for the creation and maintenance of user accounts of information resources located within the information and telecommunications network "Internet" was carried out. Outcomes. Based on the results of the study, two interrelated groups of negative consequences of the existing legal regulation affecting both private and public interests, including the interests of the national security of the Russian Federation, have been detected. Taking into account the negative law-making practice, the authors have identified the main directions for improving the liability law in the field under study. All the theoretical propositions put forward earlier have been confirmed.

Keywords:private law, civil law, law of obligations, principles of law, obligation, account, information and telecommunications network «Internet».