FEATURES AND TERMS OF APPLICATION OF THE GIG CONTRACT

Abstract

The article defines the content and specific features of application of gig-contracts by the subjects of the Diya Сity legal regime in the context of the Law of Ukraine «On stimulating the development of the digital economy in Ukraine». The author analyzes the legal status of the parties to a gig-contract – a resident of Diya Сity (the customer) and a gig specialist (the contractor). The author analyzes the grounds for acquiring the status of a Diya Сity resident. The international experience of using gig contracts is analyzed and the main trends and areas of their implementation are identified. It is proposed to expand the content of the category of «gig specialist» in Ukrainian legislation to include individuals who perform work or provide services through digital platforms. The author analyzes the grounds for termination of a gig contract. The author identifies the main terms and conditions which should be set out in a gig contract, namely, the amount of remuneration and the method of its payment; working hours; intellectual property rights to a work created in connection with the performance of a gig contract; social guarantees, etc. The author analyzes the content of a non-disclosure agreement, the main provisions of which are provided for in the Law of Ukraine «On stimulating the development of the digital economy in Ukraine». The author suggests that the scope of use of non-disclosure agreements should not be limited by law to the Diya Сity regime, and that this provision should be introduced into the Civil Code of Ukrainе with a view to expanding the scope of information protection. The author analyzes the provisions of the Law of Ukraine «On stimulating the development of the digital economy in Ukraine» regarding the content of a non-competition agreement. The practical significance of the study lies in the possibility of applying the results obtained for further improvement of legislation with a view to ensuring more effective protection of the rights and interests of participants to civil legal relations and development of the digital economy in Ukraine.