Analysis of legal mechanism for combating e-commerce fraud: European and Russian experience

The article is devoted to a comparative legal analysis of legislation and legal precedents in the field of electronic commerce and the fight against Internet fraud, cases of the European Union and the Russian Federation. Two key aspects of the study are identified: the normative consolidation of “electronic commerce” and the legal mechanism for fighting Internet fraud, including the criminalization of these elements of crime, and ensuring information security of the economy. As a part of the study, an analysis of regulatory sources was carried out, including acts of universal international organizations, Directives of the European Union, national legislation of the Russian Federation. The authors come to the conclusion about the effectiveness of the considered regulatory norms of European legislation and their potential implementation by the national legal systems of other states, including the Russian Federation. Russian legislation in the field of regulation of electronic commerce and the fight against Internet fraud is in the process of formation and it is mostly represented by a fragmentary list of sources applied on the basis of analogy. This, in turn, requires the systematization and adaptation of the existing legal tools, taking into account the current needs of law enforcement, the rapid pace of digitalization of the economy and technical progress. These measures will create favorable conditions for the development of global distance selling, which is undoubtedly the key challenge of this decade.