EASEMENT: STAGES OF DEVELOPMENT

Аннотация

In the article, the author examines the main problems of protecting rights in the field of online trade. Moreover, the rapid development of digital commerce and its impact on buyers is examined, identifying gaps in legislation, difficulties in refunding funds and threats of leaking personal information. Based on the study of domestic and foreign experience, as well as regulatory acts and scientific works, proposals are put forward to improve legal regulation. The key task is to adapt the legislation to new conditions in order to make online commerce more reliable and transparent. Keywords: consumer, consumer protection, online trade, seller, purchase and sale agreement, goods, online store. The modern phase of development of commercial relations is associated with the rapid expansion of online trade as one of the main forms of the retail sale, which predetermines the modern evolution of traditional mechanisms of consumer rights. On the one hand, virtualization of trading activities opens unprecedented opportunities to implement consumer choice and optimize the process of acquiring goods and, on the other hand, highlights the issue of improving the mechanisms of legal regulation of distance transactions. Particular scientific and practical value is gained by studying the issues of providing the guarantee of protecting the rights of consumer relations in conditions of https://scientific-jl.org/obr Выпуск журнала №-73 150 Часть–2_ июл–2025 ОБРАЗОВАНИЕ НАУКА И ИННОВАЦИОННЫЕ ИДЕИ В МИРЕ 2181- 3187 the digitalization of economic processes, that imposes the necessity of the development of specialized legal instruments, adapted to the specifics of industry and commerce in electronic media. A. V. Yurasov defines e-commerce itself as “a sphere of the economy that includes all financial and trade transactions carried out using computer networks, and business processes associated with the implementation of such transactions.”1 The modern paradigm of the legal regulation should take into consideration the hybrid nature of the internet trade which combines both the traditional features of the relations based on the contract, and the peculiarities that depend on the virtual environment the commercial operation may be implemented. The given problematic gains some sort of a special topicality against the backdrop of the necessity to find a balance between the freedom of entrepreneurial activity in the cyberspace, on the one hand, and an efficient protection of the rights of the most unprotected part of the contractual relations, that is, consumers, on the other hand, which is a significant issue of modern civil law and has to be solved in a complex, interdisciplinary way. The methodological basis of the conduct of the given work lies in the complex analysis of scientific literature, normative-legal acts and analytical materials dedicated to the issue of electronic commerce. During the process of investigation works of leading specialists in the given field were subjected to thorough analysis, including scientific articles by L.E. Bochan, Yu.M. Gorbunov, V.I. Orel and other scientists, whose research raises topical issues of legislation and practical activities in the digital environment. As L.E. Bokhan notes in his research, modern marketplaces demonstrate a high degree of legal protection for consumers, expressed in well-established mechanisms for returning goods and resolving disputes.2 At the same time, the author notes the fact that there are critical gaps in the legal regulation of the activities of the subjects of small entrepreneurship in the field of e-commerce. 1 Yurasov A.V. Fundamentals of electronic commerce. Textbook. M.: Tempus; 2016. 500 p. ISBN 978-5-9912-0333-3. 2 Bokhan L.E. Problems of consumer protection in online trade // Agrarian and land law. 2023. No. 12 (228). Pp. 157- 158. https://scientific-jl.org/obr Выпуск журнала №-73 151 Часть–2_ июл–2025 ОБРАЗОВАНИЕ НАУКА И ИННОВАЦИОННЫЕ ИДЕИ В МИРЕ 2181- 3187 M.A. Gorbunov in his works focuses on the transformative impact of digital technologies on the very nature of legal regulation, which, in his opinion, requires a rethinking of traditional legal paradigms. Of particular importance is the study by V.I. Orel, V.G. Puzyrev and I.V. Vasilyeva, who substantiate the need to develop specialized educational platforms aimed at raising the level of legal culture and digital competence of e-commerce participants.3 The key regulatory legal act governing consumer rights is considered to be the Law "On Protection of Consumer Rights"4, along with this, the rules governing aspects of online trading exist in the Civil Code of the Republic of Uzbekistan, in the Laws "On Advertising", "On Electronic Commerce"5 "On the Protection of Personal Data". Moreover, the processes of digitalization of economic processes are recognized as a strategic priority of the socio-economic development of the Republic of Uzbekistan. In this context, the regulatory and legal consolidation of th