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CIVIL–LEGAL CONTRACTS IN THE SPHERE OF IT: CONCEPT, CLASSIFICATION AND SPECIFIC EXECUTION IN CONDITIONS OF WAR

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 78)

Publication Date:

Authors : ;

Page : 75-82

Keywords : civil contracts; information technology; force majeure; contractual relations; martial law; legal regulation;

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Abstract

Introduction. The field of information technology (IT) is one of the most dynamic and crucial sectors of Ukraine's economy, contributing to its innovative development and integration into the global digital space. In the context of the Russian invasion, IT companies face new challenges related to ensuring continuity of operations, protecting confidential information, and fulfilling contractual obligations. This situation necessitates research into the specificities of the performance of civil contracts in the IT sector, which mediate relationships between the participants in this industry, particularly under martial law conditions. Purpose. The purpose of this study is to conduct a doctrinal analysis of civil contracts in the field of information technology (IT), define their legal nature, develop a classification of such contracts, and examine the specific challenges that arise during their conclusion and performance under the conditions of the Russian invasion of Ukraine. The study aims to fill gaps in the legal regulation of the IT sector and provide scientifically grounded recommendations for the further development of the regulatory framework. Materials and Methods. The research materials include: 1) legal regulations governing the conclusion and performance of civil contracts in the IT sector, including legislative acts of Ukraine and international legal standards; 2) works of domestic and foreign authors who study the legal aspects of regulating contractual relations in the IT sector and the impact of military actions on these relations. The following scientific methods were used in the research: theoretical generalization and grouping (to characterize the types of civil contracts in the IT sector and their legal nature); analysis and synthesis (to study the impact of legal regulations on the conclusion and performance of IT contracts under crisis conditions); comparative legal method (to analyze the regulation of IT contracts in different legal systems); logical generalization of results (to formulate conclusions and develop recommendations for improving the legal regulation of IT contracts in Ukraine). Results. The scientific article discusses the main types of civil contracts in the IT sector and proposes their classification by subject matter, parties involved, and content. The specificities of performing IT contracts under martial law conditions, including the impact of force majeure circumstances on the fulfillment of contractual obligations, are analyzed. It is determined that the nature of IT contracts remains unchanged, although the performance of obligations may be complicated or delayed due to the presence of force majeure. The article concludes that it is necessary to develop detailed provisions on force majeure in IT contracts, which will minimize legal risks in crisis situations. Prospects. Further research should focus on a more in-depth study of the impact of crisis situations on the performance of IT contracts, the development of methodologies for documenting such contracts under difficult conditions, and the creation of appropriate legal mechanisms to ensure the continuity of contractual relations in the IT sector. This will improve legal regulation and ensure stability in a strategically important sector for Ukraine's economy.

Last modified: 2024-12-18 01:24:27