ELECTRONIC, DIGITAL, SMART CONTRACTS, "E-CONTRACTS" IN UKRAINIAN LAW AND LEGISLATION

Abstract

The purpose of the article is, based on the analysis of the main provisions of the business contract, to find out and provide a modern understanding and to define the conceptual framework of electronic, digital contracts, “e-contracts” and smart contracts, to determine the relationship between them and to characterize their features, which are important for practical activities of the participants. Setting up and achieving the goal of the article requires the application of the methodological basis of the research, which should be based on general scientific and special methods of cognition. During the preparation of the article, the methods of analysis and synthesis were applied, with the help of which the features of modern business contracts are revealed and separate definitions are provided. The application of the comparative legal method made it possible to distinguish some of the latest types of modern contracts from classic ones and from each other. The use of abstraction and modeling methods made it possible to go beyond the ordinary, to develop and propose new categories, to identify peculiarities and, together with analytical and synthetic methods, to provide substantiated conclusions. The scientific novelty consists in the study of the peculiarities of modern types of economic contracts, which are concluded with the help of modern computer programs and digital technologies. The signature features of such modern contracts are determined, their place in a certain hierarchy is defined, in other words, the relationship with each other within the special niche of business contracts. On the basis of the analysis of the provisions on the business contract, electronic contract, digital contract, “e-contract”, smart contract and related categories, the features of each of the above concepts, the relationship between them and the main features are determined. It is shown that the concept of “electronic contract” legitimized by the Law of Ukraine “On Electronic Commerce”, which is concluded in electronic form, is the broadest. The concept of “digital contract” has not spread in Ukraine, it can be used unofficially as a synonym or a subtype of an electronic contract. Examples of related concepts with the adjectives “electronic” and “digital” are given. “Smart contract” and “e-contract” are quite common and are subtypes of an electronic contract and require legitimization by special legislation of Ukraine. “E-contract” is concluded on the Internet in the course of economic and commercial activity; during the conclusion, the parties recognize each other and sign the contract with electronic digital signatures or in another way. A “smart contract” exists in the form of a software code implemented on the Blockchain platform and ensures the autonomy and self-execution of the terms of such a contract in the event of the occurrence of predetermined circumstances, while the parties do not know each other. On the other hand, a “smart contract” can be considered a specific simplified way of concluding contracts similar to accession contracts. It was concluded that the widespread use of “smart contract” and “e-contract” in business practice should contribute to the saving of time, financial and other resources by participants in contractual relations.