Legal forms of outsourcing relationships: the corporate aspect

Abstract

The present article is concerned with analysis of outsourcing relationships, which are complicated by the acquisition of corporate rights over the outsourcer for assigning relations of intended, controlled and long-term nature. The author performed analysis the distribution of outsourcing relationships depending on the way of organization of economic activity and the selection of such types of it, both onsite and offsite. The analysis of the legislation of Ukraine regulating the activities of holding companies in Ukraine is made in order to analyze and highlight the specific features of outsourcing relations from the point of view of the corporate aspect. In addition, the author analyzed the features by which it is necessary to distinguish offshore outsourcing from internal offshoring. The author investigates the positive and negative aspects that may be encountered by the customer company when using internal offshoring in their economic activities. The author made an analysis and comparative characteristics of other cases of application of outsourcing relations based on corporate relations, namely in the process of economic activity of associated enterprises of a simple and decisive dependence, and also their significant differences are established. The so-called hybrid type of outsourcing relationship, which occurs in the event of outsourcing relationship based on the contract, which are subsequently reinforced by the corporate aspect and leads to the emergence of a legal relationship that complements the fiduciary nature, is highlighted. Among other things, the author has established and analyzed the economic and legal policy of the state in the direction of encouraging outsourcing relations arising both on a corporate and on a contractual basis, and also noted the importance of developing appro-priate government policy to solve macroeconomic problems. Such problems are, for example, employment, capacity utilization rate, as well as technology level increase of production base. The necessity of legislative acts drafting in order to influence on various aspects of outsourcing relations has been established.