Publication date: 15.07.2024
The procedure for resolving Internet disputes in Ukraine
Introduction
Online disputes are an integral part of today's digital society, where a significant number of commercial and personal interactions take place online. The resolution of online disputes requires special procedures and mechanisms to ensure efficient and fair conflict resolution. In this article, we will review the main legal aspects and procedures for resolving online disputes in Ukraine, including the legal framework, types of disputes and mechanisms for their resolution.
Legal framework
The Constitution of Ukraine
The Constitution of Ukraine guarantees the right of everyone to judicial protection, as well as the right to defend their rights and interests, including cases arising in the field of online disputes.
Civil Code of Ukraine
The Civil Code of Ukraine (the "CCU") regulates contractual relations between the parties, including those arising in the field of e-commerce. The CCU defines general provisions on the conclusion, performance and termination of contracts, as well as the dispute resolution procedure.
Law of Ukraine "On Electronic Commerce"
This law regulates relations in the field of electronic commerce, including the procedure for entering into electronic contracts, consumer protection and dispute resolution arising in the course of electronic commerce.
Law of Ukraine "On Protection of Consumer Rights"
This law establishes consumer rights and the procedure for their protection, including cases arising from online disputes.
Law of Ukraine "On Protection of Personal Data"
This law regulates the processing and protection of personal data, which is an important aspect in resolving online disputes related to the use and protection of personal information.
Types of online disputes
Consumer disputes
Consumer disputes arise between buyers and sellers (service providers) in the course of online shopping. These may include disputes over the quality of goods or services, delivery times, warranty terms, return of goods, etc.
Domain name disputes
Domain name disputes relate to conflicts over the registration, use and rights to domain names. They may include issues of cybersquatting, trademark infringement and unfair competition.
Copyright disputes
Copyright disputes arise in cases of illegal use, copying or distribution of copyrighted material on the Internet. These may include conflicts between copyright holders and content users.
Disputes regarding the protection of personal data
These disputes are related to the unlawful processing, distribution or use of personal data of Internet users. They may include privacy issues and violations of personal data protection laws.
Mechanisms for resolving online disputes
Negotiation and mediation
Negotiations and mediation are effective methods of resolving online disputes at the pre-trial stage. Parties can turn to professional mediators or agree on the terms of conflict resolution on their own. Mediation allows you to find a compromise solution that satisfies both parties.
Administrative procedures
Administrative procedures include applying to state authorities, such as the State Service of Ukraine for Food Safety and Consumer Protection, the National Commission for the State Regulation of Communications and Informatisation, and other bodies that have the authority to consider disputes in the field of the Internet and e-commerce.
Judicial protection
Judicial protection is the main mechanism for resolving online disputes if the parties cannot reach an agreement at the pre-trial stage. Consumers and other interested parties may apply to court to protect their rights and interests. The court may decide to compensate damages, impose fines, enforce the terms of the contract, etc.
The procedure for applying to court
- Preparation of a statement of claim: the plaintiff must prepare a statement of claim, which sets out the claims, grounds for the claim and evidence.
- Filing a claim: the claim is filed with the court at the defendant's place of residence (stay) or at the place of performance of the contract.
- Trial: the court considers the case, hears the parties, examines the evidence and makes a decision.
- Enforcement of the courtdecision: after the court decision comes into force, it is enforceable.
Alternative dispute resolution
Alternative dispute resolution (ADR) includes arbitration, online arbitration, out-of-court settlement and other methods that allow parties to resolve a conflict without going to court. Online arbitration and other forms of ADR can be convenient and effective for resolving online disputes.
Protection of consumer rights in online disputes
The right to information
Consumers have the right to receive complete, accurate and timely information about goods and services offered on the Internet. This includes information about product characteristics, price, delivery terms, guarantees, payment methods, etc.
The right to product safety
Consumers have the right to purchase goods and services that meet safety and quality standards. Sellers are obliged to ensure product safety and comply with established standards.
Right to withdraw from a contract
Consumers have the right to withdraw from an online contract within 14 days of receiving the goods or entering into a service agreement without giving any reason. Sellers are obliged to refund the money paid within 14 days from the date of receipt of the notice of cancellation.
The right to return goods of inadequate quality
Consumers have the right to return goods of inadequate quality or to exchange them. The sellers are obliged to eliminate the defects of the goods, replace them with quality ones or refund the money paid.
Protection of personal data
Consumers have the right to protection of their personal data processed in the course of concluding electronic contracts. Sellers are obliged to ensure the confidentiality and security of personal data.
Conclusion.
The resolution of online disputes in Ukraine includes various mechanisms, such as negotiations, mediation, administrative procedures, judicial protection and alternative dispute resolution. Ukrainian legislation establishes clear requirements and mechanisms to protect the rights of consumers and other parties to online disputes. Compliance with these requirements contributes to the efficient and fair resolution of conflicts, ensures legal protection of participants in online relations and increases confidence in online commerce.
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