Legal Instruments to Support Digital Trade Procedures and Mutual Recognition by States of Electronic Documents in the Field of Cross-Border Trade


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Abstract

The purpose of the study. The article examines the legal structures of the use of innovative digital technologies in trading activities from the perspective of promoting Russia's interests as one of the key participants in global trade and creating a favorable regulatory environment for it. The purpose of the study is to identify legal instruments to support e-commerce at the national, regional and global levels and to identify, with a view to eliminating or minimizing factors that hinder cross-border trade interaction in digital format. The provisions of the «Framework Agreement on Facilitation of Cross-border Paperless Trade in Asia and the Pacific» are analyzed, first of all, the parties agree on an «essentially equivalent level of reliability. Initiatives aimed at mutual recognition of documents such as certificates of origin, phytosanitary certificates, commercial invoices, and bills of lading are being considered. Conclusions. Russia's participation in the development of legal instruments to support electronic commerce meets the interests of Russia as one of the key participants in global high-tech trade. Legal instruments to support digital procedures for national and cross-border trade are aimed at providing its participants with the opportunity to perform legal actions in the digital environment in predictable, clear and stable legal conditions. A promising legal instrument is the «Framework Agreement on Facilitation of Cross-border Paperless Trade in Asia and the Pacific», focused on the latest technological models of digital cross-border document management and mutual recognition by states of trade electronic documents. The mechanism for ensuring an «essentially equivalent level of reliability» includes, according to Russia's position, the responsibility of subjects of electronic document management. Initiatives aimed at mutual recognition of documents such as certificates of origin, phytosanitary certificates, commercial invoices and bills of lading indicate the implementation of the legal framework of paperless cross-border trade. The Framework Agreement does not affect the rights and obligations of the parties under existing agreements or international conventions, which meets the legal framework of the cross-border trust area in the EAEU.

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About the authors

Nina I. Solovyanenko

Institute of State and Law of the Russian Academy of Sciences

Author for correspondence.
Email: nina.coshkina@yandex.ru
ORCID iD: 0000-0001-5551-3119
SPIN-code: 3232-4877
Scopus Author ID: 57253220900

Cand. Sci. (Law), Senior Researcher of the Procedural Law Sector

Russian Federation, Moscow

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