Evolution of digital procedures in civil law: challenges and prospects for law enforcement

Abstract

The article presents a comprehensive study of the transformation of the legal nature of transactions within the framework of the digitalization of private law relations. Particular attention is paid to the analysis of the category of digital transaction as a legal phenomenon that arises within the traditional civil law concept of a transaction, yet acquires specific features due to the use of digital technologies. The focus is placed on issues concerning the electronic form, means of party identification, the fixation of intent, and the legal consequences of both the conclusion and non-conclusion of digital transactions.

The study analyzes the current civil legislation of Ukraine, particularly in the context of amendments to the Law of Ukraine "On Electronic Identification and Electronic Trust Services", as well as the relevant provisions of the Civil Code of Ukraine governing the form of transactions. Special attention is devoted to the legal force of digital transactions within the system of evidence in civil proceedings. The article examines the admissibility of qualified electronic signatures, the legal nature of electronic documents as a means of expressing intent, and the legal status of parties to digital transactions.

Within a comparative legal approach, the paper offers an overview of regulatory practices in European countries, maintaining a private law perspective. These include issues of contract conclusion, recognition of electronic signatures, and the moment of legal relationship formation. Particular emphasis is placed on transactions concluded by means of electronic communications in relation to the principle of party autonomy in contract law.

This publication continues the author’s previous research on the digitalization of civil legal relations. It proposes an updated civil law framework of digital transactions, defining their boundaries, characteristics, and qualification criteria. The article concludes with recommendations for further refinement of civil legislation in light of technological progress, while preserving the foundations of private law.