SETTLEMENT CONFLICT / RESOLUTION DISPUTES IN THE DIGITAL ECONOMY: GENERAL PRINCIPLES AND SPECIFIC RELATIONSHIPS FOR INDIVIDUAL CATEGORIES OF CONFLICTS / DISPUTES

Abstract

The article deals with the problem of settlement
/ conflict / dispute in the digital economy. Laws of
Ukraine and the EU governing this area are
analyzed in terms of reflecting the relevant
procedures. The latter are divided into traditional
ones that provide for the settlement / resolution of
conflicts / disputes in the traditional / analogue
economy, and the newest ones, the use of which is
based on digital technologies with corresponding
advantages (speed, low cost or free of charge,
convenience). Gaps in the Ukrainian legislation are
identified regarding the use of online procedures,
and ways to improve the legal regulation of the
issues raised in the article are proposed, including
the proposal to use an online procedure similar to
the European (EU) ODR platform in Ukraine.
Particular attention shall be paid to the settlement /
settlement of conflicts / disputes concerning
electronic registers, in particular the presence in
such relations of public interest / interests and,
accordingly, the application of procedures with the
involvement of an authorized body representing and
protecting those interests.
Potential representatives of public interest /
interests in disputed relations regarding monitoring,
protection and protection of information resources of
public registers are specified. In particular, two of
their classification groups are distinguished: the
system of subjects for exercising powers in the field
of public electronic registers and subjects of
independent monitoring. The first group is
represented by the executive authorities of all levels
of the hierarchy, which ensure the formation and / or
implementation of state policy in the field of creation,
operation and use of national electronic information
resources; the central body of the executive power,
which implements the state policy on the state
supervision (control) in the sphere of formation and
use of national electronic information resources;
registry holders; entities keeping registers (including
accredited entities); public registrars; creators;
technical registry administrators). The second group
is self-regulatory organizations and NGOs. There is
a specific approach to the problem of matching the
subject of conflicts / disputes with the object of the
registers in order to choose the method of their
settlement / resolution. The effectiveness of the mechanism of verification of information on beneficial owners in Ukraine by NGOs is given. In the process of verifying the credibility of information about the final beneficial owners, conflicts / disputes arise regarding the testing by public organizations of the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (EDR) regarding the submission of incomplete, false mand distorted information about the beneficiaries. Commentary on general principles of legal liability in the field of registers is provided.
Keywords: digital economy; e-business; electronic registers; settlement / resolution of conflicts / disputes; online procedures, subject matter of conflicts / disputes, object of registers, independent monitoring, legal liability in the field of registers.