Responsive image
Article title Civil Law Aspects of Digital Environment Regulation
Authors
ALLA DVORNICHENKO
Candidate of Law, Senior Lecturer at the Department of Public Administration, Law and Humanities, Kherson State Agrarian and Economic University (Kropyvnytskyi, Ukraine) ORCID ID: https://orcid.org/0009-0004-3576-7129 shevcheko.alla@gmail.com
Magazine name Legal journal «Law of Ukraine» (Ukrainian version)
Magazine number 3 / 2025
Pages 137 - 150
Annotation

In the current conditions of rapid digitalization of Ukrainian society, there is an urgent need for adequate civil law regulation of the digital environment. The Internet space, e-commerce, digital platforms, social networks, virtual assets, artificial intelligence – these are new phenomena that shape fundamentally new legal relationships, which cannot always be regulated by classical civil law instruments. Traditional civil law categories (property, obligations, contracts, damages) are facing challenges that require their reinterpretation in the context of digital reality. There is a need to create a balanced model of legal regulation that would ensure the protection of the rights of participants in digital legal relations, foster innovation, and guarantee technological neutrality.

The purpose of this article is to conduct a comprehensive analysis of the current state of civil law regulation of the digital environment in Ukraine, to identify its features, problems, and prospects in the context of legal integration with the European Union, as well as to formulate practical recommendations for further improvement of legislation based on the best European and American practices.

In the course of the research, the author applied methods of comparative law, system analysis, logical interpretation of current legal norms, and analysis of judicial practice. The novelty of the study lies in the comprehensive vision of the digital environment as an object of civil law regulation, taking into account recent legislative changes, including the adoption of the laws of Ukraine “On Digital Content and Digital Services”, “On Electronic Commerce”, “On Electronic Identification and Trust Services”, “On Virtual Assets”.

The main results of the study include: (1) outlining the evolution of civil law approaches to the regulation of digital legal relations in Ukraine; (2) analysis of legal acts that define the status of digital objects, electronic contracts, electronic signatures, and personal data processing; (3) summarizing judicial practice regarding the admissibility of electronic evidence, liability for online violations, and protection of consumer rights in the digital environment; (4) comparison of Ukrainian norms with the legislation of the EU (GDPR, eIDAS, DSA) and the USA (E-SIGN, UETA, CCPA) to identify similarities and differences.

The conclusions state that Ukraine is currently in the process of actively harmonizing its civil legislation with European standards. However, unresolved issues remain regarding the protection of personal data, civil liability in cases involving artificial intelligence, and the legal status of digital platforms.

The article suggests the following improvements: the adoption of a GDPR-like law on personal data; the development of clear rules on liability for damage caused by cyber incidents; the advancement of digital identification and trust service mechanisms; and increasing the digital literacy of judges. This article is of interest to scholars, lawyers, legislators, and all those working in the field of legal support for digital transformation, as it summarizes theoretical approaches, analyzes legal practice, and offers specific legal mechanisms for adapting civil law to the digital era.

Keywords digital environment; civil law; digital space; electronic commerce; electronic signature; personal data; virtual assets; digital identification
References

Bibliography

Journal articles

1. Bezklubyi I, ‘Pravova semantyka poniattia “tsyfrove seredovyshche”’ (2024) 127(1) Visnyk Kyivskoho natsionalnoho universytetu imeni Tarasa Shevchenka. Yurydychni nauky 18–22 (in Ukrainian).

 

Websites

2. Anatiichuk V, ‘Pravove rehuliuvannia tsyfrovoi transformatsii y tsyfrovizatsii u tsyvilnomu pravi Ukrainy’ (09.10.2024) (accessed 20.03.2025).

Electronic version Download