COVID-19 as Factor of Influence on the Legislation, Law-Enforcement and Contractual Practice and Change of the Institutional Environment of Economy

DOI

10.2991/assehr.k.201105.026How to use a DOI?

Keywords

contractual practice, institutional environment, digitalization, legal fact, force majeure, significant change in circumstances, transactions

Abstract

The article provides an overview of the impact of the coronavirus (COVID-19) pandemic on domestic legislation, contractual and law enforcement practices. The increase in the demand for digital technologies has been substantiated in the context of measures taken by the state to prevent the spread of coronavirus infection. Identified and considered new trends in contractual practice, including such as: preferential conclusion of contracts through electronic form, including through the exchange of documents and on the websites of online stores (online contracts concluded through click-wrap); an increase in the number of online contracts concluded between sellers and buyers-consumers on the websites of stores on the Internet that are involved in grocery retail and fashion retail, namely, retail sale and purchase agreements on the basis of a public offer, including with the condition of contactless delivery. The possibilities of legal qualification of the coronavirus as a force majeure, a circumstance that makes it impossible to fulfill obligations, a significant change in circumstances, including taking into account the judicial practice available at the time of writing, were considered. The expediency of online settlement of disputes arising in connection with non-fulfillment of contractual obligations has been proven. The legislative innovations that have led to a change in the procedure for the execution of certain types of civil law contracts (lease agreement for state or municipal real estate, contracts for the provision of services, an agreement for the provision of educational services), as well as influencing the implementation of corporate procedures, were analysed. Based on the results of the study, the interdependence was determined between the level of implementation of digital technologies in public administration, the judicial system, economic activities of business entities and the ability to adapt to current activities in these areas in the context of the spread of coronavirus. The trends of changes in the institutional environment from the point of view of the short and long term are outlined.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - A.V. Shkalenko
AU  - Yu.A. Tymchuk
PY  - 2020
DA  - 2020/11/06
TI  - COVID-19 as Factor of Influence on the Legislation, Law-Enforcement and Contractual Practice and Change of the Institutional Environment of Economy
BT  - Proceedings of the Research Technologies of Pandemic Coronavirus Impact (RTCOV 2020)
PB  - Atlantis Press
SP  - 135
EP  - 140
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201105.026
DO  - 10.2991/assehr.k.201105.026
ID  - Shkalenko2020
ER  -