Peculiarities of legal regulation of certain contractual constructions: legal regulation of contracts in the IT sphere

С.H. Popovych
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Abstract

The article is devoted to the analysis of scientific approaches to defining the concept of contracts in the IT sphere. The specifics of the legal regulation of these contracts are revealed. An analysis of the current Ukrainian legislation in this area was carried out. The main issues of contractual regulation of IT relations in Ukraine have been identified. The legal nature of contracts in the field of IT law and methods of legal protection of the relevant institutes are considered.It is noted that the existing legal acts are outdated and irrelevant in our time. Some normative acts are formed as an entrapment to worsen the legal status. Separately, we will consider such an important point as the registration of labour relations in the sphere of IT, since it affects both employers and employees in this field. Some scholars argue that IT contracts should be concluded according to the principle of an employment contract, as this gives employees additional guarantees of rights and minimizes the deterioration of the situation. Also, foreign experience quite often emphasizes that the use of outsourcing, outstaffing, and staff leasing in companies is quite common.This paper contains relevant issues and compares the regulation of these relations at the international level. If attention is focused and this issue is actively implemented at the national level, it will become another source of income for the state budget, which will have a positive effect on the country’s economic situation during the state of war.The subject of the contract is also a particularly significant aspect in this area. It is necessary to define the subject of this contract as thoroughly as possible and to correctly and efficiently distribute intellectual property rights.The difference between a civil law contract and a contract in the informational sphere is considered. Furthermore, the issue of tax planning in this area arises repeatedly. It includes the choice of the system of taxation of IT business in Ukraine, which will directly correspond to the volume and nature of works and services that a certain company is going to dispose.The recent domestic case law on this issues has been analyzed. Court decisions that analyzed the legal nature of the contract itself. Types and subtypes of contracts in the IT sphere and current registration of IT workers are also analyzed.
某些合同结构的法律规制特点:信息技术领域合同的法律规制
本文致力于分析定义IT领域中契约概念的科学方法。揭示了这些合同的法律规制的具体内容。对乌克兰目前在这方面的立法进行了分析。确定了乌克兰信息技术关系的合同监管的主要问题。讨论了信息技术法领域合同的法律性质以及相关机构的法律保护方法。需要指出的是,现有的法律行为已经过时,与我们的时代不相关。一些规范性行为的形成是为了使法律地位恶化。另外,我们将考虑信息技术领域的劳动关系登记等重要问题,因为它对该领域的雇主和雇员都有影响。一些学者认为,IT合同应该按照雇佣合同的原则来签订,因为这给了员工额外的权利保障,并将情况的恶化降到最低。此外,国外的经验经常强调,在公司中使用外包、外包人员和员工租赁是相当普遍的。本文阐述了相关问题,并对国际上对这些关系的规制进行了比较。如果在国家一级集中注意并积极执行这一问题,它将成为国家预算的另一个收入来源,这将对战争状态下的国家经济状况产生积极影响。在这方面,合同的主体也是一个特别重要的方面。要尽可能明确合同的主体,正确有效地分配知识产权。考虑了民法合同与信息领域合同的区别。此外,这一领域的税收筹划问题反复出现。它包括选择乌克兰It业务的税收制度,这将直接对应于某公司将要处理的工程和服务的数量和性质。本文对近期国内关于这一问题的判例法进行了分析。分析合同本身法律性质的法院判决。分析了信息技术领域的合同类型和子类型以及当前信息技术工作者的注册情况。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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