LEGAL MECHANISMS FOR THE CONCLUSION OF ELECTRONIC CONTRACTS IN THE DIGITAL ENVIRONMENT

Abstract

The article examines the legal mechanisms for the conclusion of electronic contracts in the digital environment against the background of rapid development of information and communication technologies (ICT) and the ongoing digital transformation of private law relations. It is argued that the shift from paper-based contracts to electronic ones is not merely a technical change but significantly modifies the very model of contractual regulation, challenging traditional concepts of form of transaction, party identification, time of contract conclusion and evidentiary value of documents. On the basis of Ukrainian legislation, European Union law and selected foreign approaches, the legal nature of the electronic contract is analysed as a type of written transaction concluded by means of ICT. The study identifies the main stages of the mechanism for concluding an electronic contract: formation of the offer, acceptance, authentication of the parties, fixing the content of the agreement, preservation and protection of evidentiary data. Special attention is paid to models of electronic consent (clickwrap and browsewrap agreements), the role of electronic signatures and qualified electronic signatures, as well as blockchain-based solutions and smart contracts as innovative tools for the automated performance of obligations. The functioning of electronic document management and e-signature platforms (including global services and Ukrainian systems) is analysed, along with their importance for cross-border recognition of electronic transactions and for Ukraine’s integration into the EU digital market. The article outlines key regulatory challenges: fragmentation of the legal framework, lack of specific rules on smart contracts, underdevelopment of online dispute resolution (ODR) mechanisms, and the need for harmonisation with the eIDAS Regulation and its updates. The author proposes directions for improving Ukrainian legislation on electronic contracts, including expanding electronic identification tools, providing regulatory support for ODR platforms and explicitly recognising the parties’ freedom to choose the method of electronic signing. It is concluded that an effective legal framework for the conclusion of electronic contracts is a prerequisite for the development of the digital economy, legal certainty and effective protection of the rights of participants in electronic transactions.