Civil-Legal criteria for determining liability limits of electronic payment operators in Uzbekistan

Abstract

This thesis analyzes the issues of establishing civil-legal liability boundaries for electronic payment operators functioning within the e-commerce and financial system of the Republic of Uzbekistan. In the course of the research, the norms of the Law “On Payments and Payment Systems” and the Civil Code were studied comparatively alongside international legal instruments, specifically the European Union’s PSD2 Directive and UNCITRAL model laws. The thesis highlights the contractual and tort (non-contractual) liability of operators, the presumption of guilt in this field, damage limitation mechanisms, and the criteria for distributing liability in the event of unauthorized payments. As a result of the conducted analysis, legal gaps in current national legislation were identified. Consequently, scientific-legal proposals and recommendations were put forward regarding the implementation of “Strong Customer Authentication” (SCA) standards and establishing the legal status of electronic transaction data (log-files) as a means of evidence in court.