Digitalization as a fundamental factor in the transformation of the legal system

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Authors: E.V. Guschenkov
Cited by: 1

Abstract

The article examines the process of digitalization of society as a key factor in the formation of a new model of socio-legal relations, covering all spheres of life - economics, management, education and law. Digitalization is defined not only as a technological transformation, but as a complex social phenomenon that changes the methods of communication, mechanisms of interaction between citizens, the state and business. Particular attention is paid to the legal regulation of electronic contracts and the use of electronic digital signature (EDS) in the modern legal field of Ukraine. It is found that electronic contracts are an important element of electronic commerce and electronic document flow, which simplifies business processes and increases the level of legal certainty of the parties. Based on the provisions of the Civil Code of Ukraine and the Law of Ukraine «On Electronic Commerce», it is established that a contract concluded by means of information and communication systems is equated to a written form of a transaction. Thus, the electronic form of the contract does not create a new legal category, but acts as a technological modification of the traditional written form, which fully complies with the principles of civil law. The role of the electronic digital signature, which is the main tool for ensuring the legal validity of electronic documents, is analyzed in detail. It is determined that the EDS guarantees the authenticity, integrity and non-repudiation of electronic transactions, and its use gives the document legal force equivalent to a handwritten signature. The mechanism of operation of the EDS based on cryptographic methods is revealed, which involve the creation of a unique “message fingerprint” and the use of a pair of keys - private and public. Special attention is paid to the legislative regulation of electronic identification, the definition of its concept in accordance with the Tax Code of Ukraine and the analysis of the Law “On Electronic Trust Services”. The European context is considered - the eIDAS regulation, which establishes standards for the mutual recognition of electronic identifiers and signatures within the EU. A comparative analysis of national and European legislation was made, and the need for further harmonization of norms was identified in order to simplify cross-border financial transactions and increase the level of information security. The advantages of implementing electronic contracts and digital signatures in the financial sector were emphasized – increased security of personal data, reduced costs for paper document flow, accelerated customer service and the development of remote services. At the same time, existing risks were indicated: the possibility of phishing attacks, unauthorized access to electronic keys, legal conflicts in case of violation of the signing procedure.

Fields of Study & Subjects

Legal Health Environmental and COVID-19 Challenges Digital Transformation in Financial Services Digital Transformation in Law

Publication details

Journal / source
Uzhhorod National University Herald Series Law
Publisher
Uzhhorod National University
Volume
5
Issue
92
Pages
377–382
Publication date
31 January 2026
Language
UK