LEGAL FRAMEWORK OF ELECTRONIC COMMERCE OF BUSINESS ENTITIES IN REPUBLIC OF SRPSKA Cover Image

LEGAL FRAMEWORK OF ELECTRONIC COMMERCE OF BUSINESS ENTITIES IN REPUBLIC OF SRPSKA
LEGAL FRAMEWORK OF ELECTRONIC COMMERCE OF BUSINESS ENTITIES IN REPUBLIC OF SRPSKA

Author(s): Zoran Vasiljević
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Marketing / Advertising, Commercial Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: Company; individual entrepreneur; registration; contract; electronic document; electronic signature;

Summary/Abstract: In Republic of Srpska, as well as at the level of Bosnia and Herzegovina,it was adopted a set of laws which enables the activities of business entities to beperformed in electronic form, starting from the submission of the applicationfor company registration to the performance of unilateral and bilateral legal affairs. It is about the laws of the same title, which are adopted at the both levels of government, namely the laws on electronic signature and electronic document, as well as the Law on Electronic Commerce of Republic of Srpska. These legal acts regulate the way of performing legal actions in electronic form in order to achieve the same legal power which have the same legal actions expressed in the paper form. This creates conditions for significant acceleration and reduction of costs in performing the activities. However, this modernization also brings challenges related to resolving a number of legal issues in the matter of rights, obligations and liability of business entities, such as, for example, determination of the moment when legal relationship has arisen, determination of the authenticity of content of the legal act, as well as of its signature, how electronic documents and signatures should be kept, etc. A particular problem that arises in practice relates to the establishment of „certification bodies“ which would deal with the provision of services in this domain. It could be concluded that the gap between the real and the normative is quite visible from the analysed institutes. Nevertheless, this is a real challenge of the21st century which is needed foremost in the business sector and which must be solved in the most adequate way.