SOURCES OF LEGAL REGULATION OF SOCIAL RELATIONS IN CYBERSPACE: BETWEEN LAW, CODE AND CUSTOM

Abstract

The article is devoted to the analysis of the sources of legal regulation of social relations arising in cyberspace, particularly in the context of the spread of blockchain technologies and electronic contracts. The study examines the main mechanisms and sources of regulation that can be applied in the digital environment, taking into account the challenges posed by rapid technological development and legal uncertainty. In particular, it explores the phenomena of lex informatica – algorithmic code as a regulator of online behavior – and lex electronica – customary norms formed through established user practices. The article analyzes their difference, distinctive features, impact on the legal system, as well as the specifics of their interaction with traditional law. They are both integral components of the modern cyberlaw system and play a central role in shaping a new regulatory reality that largely goes beyond state law. The authors argue that these phenomena represent modern sources of legal regulation of social relations in cyberspace. They assert that computer code cannot fully replace the legal system, as it lacks the flexibility inherent in legal norms. The focus is placed on the problem of effectively combining traditional law, technical code, and customary regulation. The article identifies the following key sources of regulation in cyberspace: national legislation; computer code (Lex Informatica); cyber customs (Lex Electronica); international treaties; and judicial precedent. The main sources of legal regulation in Ukraine’s cyberspace consist of the Constitution, sector-specific laws on virtual assets, payment services, electronic trust services, information security, and cybersecurity.All of these are interconnected, forming a comprehensive regulatory landscape for the secure development of blockchain technologies, e-commerce, digital humanitarian aid, and government services. It is argued that interaction among these sources should be flexible, ensuring a balance of private law, while maintaining technological neutrality.а