Trends in the development and prospects of regulatory legal and contractual regulation of advertising on the internet
Автор: Korotkova E.A.
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Политика и экономика Евразии
Статья в выпуске: 6 (71), 2024 года.
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The purpose of the study is to identify the most significant trends in the development of regulatory legal and contractual regulation of advertising on the Internet and to establish prospects for the settlement of these relations in Russia, taking into account today's realities in society and the economic system during the crisis period. The presented scientific work is based on a sufficiently deep methodological base and general scientific methods of cognition of legal research, such as synthesis, method of analogy, formal logic, comparative legal method and others, including private scientific methods used to establish the most promising trends in the development of regulatory legal and contractual regulation of advertising, acted as methods of cognition on the Internet in Russian business practice. Having subjected to a careful and comprehensive analysis of the actual problems of normative legal and contractual regulation of advertising on the Internet, the author comes to the conclusion that the private legal nature of advertising legal relations on the Internet is dependent on public legal regulation by the state, which determines the establishment of a special legal regime of advertising in the Internet space. The synergetic unity of private law and public law regulation, state regulation and self-regulation is aimed at establishing an effective multi-level model for regulating relations in the field of online advertising. The article has high scientific value, since it is argued that one of the main trends of the group of public relations considered in this article is also the attempts made by the legislator to resolve the issue of finding the optimal balance between imperative and dispositive norms of law governing the distribution of advertising in the Internet space. According to the author, achieving a balance of legal regulation based on the norms of private and public law, normative legal and contractual regulation and the distribution of powers between self-regulatory bodies and the state is a guarantee of protection of the rights of subjects of legal relations of online advertising. The scientific novelty of the research also consists in a generalizing private law analysis of existing ideas about the normative and contractual regulation of relations regarding Internet advertising and the formation of a holistic scientific understanding of the legal relations of Internet advertising. In the work at the level of doctrinal research, the advertising contract in the Internet space is considered through the prism of a private law structure. The allocation of contracts regulating advertising activities into an independent contractual group is carried out by determining the content of its essential elements.
Advertising, online advertising, internet space, entrepreneurial activity, regulatory legal regulation, contractual regulation, digital space, private law structure
Короткий адрес: https://sciup.org/140308750
IDR: 140308750 | DOI: 10.52068/2304-9839_2024_71_6_159