ANALYSIS OF LEGAL RISKS INHERENT IN BUSINESS ACTIVITIES OF IT-COMPANIES IN LVIV CITY

Article title

Authors

Taras Bachynskyi

Name of magazine

Legal journal «Law of Ukraine» (Ukrainian version)

Issue

1/2018

Сторінки

[146-153]

DOI

https://doi.org/10.33498/louu-2018-01-146

Annotation

The IT sector is one of the key branches of the national economy, and today it is developing rapidly. Business activities of enterprises in this area are associated with a range of legal risks with adverse consequences for a business entity. Consequently, an urgent need arises to examine such risks and the ways of their mitigation. Given the dynamic development of social relations within the framework of doing business in the IT sector, and also the daily emergence of new legal tools to act in this sector, a study of legal risks from a scientific perspective seems reasonable. The purpose of this article is to examine the risks encountered by business entities of Lviv city in the IT-sector, and to identify the ways of mitigating such risks. Based on the results of the conducted research, the author offers own definition of the concept of a legal risk in business. It is found that the main risks faced by business entities are the risks associated with supervisory and regulatory activities of state bodies, the risks ensuing from legal relations with the staff, and the risks of possible debts for the services performed. It is absolutely possible to mitigate any risk which arises while doing business in the IT-sector by means of the following measures: 1) ongoing explanations and clarifications addressed to the staff; 2) signing of agreements on confidential information non-disclosure and absence of competition; 3) drawing up of appropriate civil contracts with contractors.

Keywords

IT-company; business activities of an IT-company; legal risks faced by an IT-company; risks associated with supervisory and regulatory activities of state bodies; risks ensuing from legal relations with the staff;

References

List of legal documents

Cases
1. Rishennia Ternopilskoho miskraionnoho sudu Ternopilskoi oblasti [Decision of Ternopol City and District Court of Ternopil Region] vid 7 lypnia 2017 r. u spravi

№ 607/6566/16-ts. URL: http://www.reyestr.court.gov.ua/Review/67786282 (accessed:
29.11.2017) (in Ukrainian).

Bibliography

Authored books
2. Lukianova V ta Holovach T, Ekonomichnyi ryzyk [Economic Risk] (“Akademvydav” 2007) (in Ukrainian).
3. Raievskyi K ta Konopatska L ta Domrachev V, Bankivskyi nahliad [Banking Supervision] (KNEU 2003) (in Ukrainian).
4. Vitlinskyi V ta Nakonechnyi S, Ryzyky u menedzhmenti [Management Risks] (TOV “Borysfen-M” 1996) (in Ukrainian).
5. Vitlinskyi V, Analiz, otsinka i modeliuvannia ekonomichnoho ryzyku [Economic Risk Analysis, Evaluation and Modeling] (DEMIUR 1996) (in Ukrainian).

Edited books
6. Kharytonov Ye ta Kharytonova O (red), IT-pravo: teoriia ta praktyka [IT-Law: Theory and Practice] (Feniks 2017) (in Ukrainian).
7. Yavorska O ta inshi, IT pravo [IT-Law] (Oleksandra Yavorska red, Vydavnytstvo “Levada” 2017) (in Ukrainian).

Websites
8. ‘Doing Business 2018, Reforming to Create Jobs’ (Doing Business, 31 October 2017) accessed 26 November 2017.
9. ‘Sadovyi zaklykav ukrainski IT-kompanii, shcho zaznaiut tysku, pereizhdzhaty do Lvova’ [‘Sadovyi Called on the Ukrainian IT-Companies Facing Pressure to Move to Lviv’] (ZAXID.NET, 23 Veresen 2015) accessed 27 November 2017(in Ukrainian).
10. Kosynska A, ‘Obshuky v IT-kompaniiakh Ukrainy: zhodna sprava ne zavershylasia sudovym pokaranniam’ [‘Searches in IT-Companies of Ukraine: No Case Ended in Legally Imposed Penalties’] (24 kanal, 5 Traven 2016) accessed 28 November 2017 (in Ukrainian).
11. Petrenko O, ‘Sekrety uspishnoi uhody pro nerozgholoshennia (NDA)’ [‘Secrets of a Successful Non-Disclosure Agreement’] (Advokatske obiednannia “Bachynskyi, Kolomiiets ta partnery”) accessed 27 November 2017 (in Ukrainian).
12. Topalov M, ‘Dragon Capital, YouControl, Lucky Labs... A SBU vse shukaie’ [‘Did the State Security Service of Ukraine Find What It Was Looking For?’] (Ekonomichna pravda, 31 Lypen 2017) accessed 28 November 2017 (in Ukrainian).

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