The dissertation is a comprehensive monographic research, where theoretical and practical problems of contractual regulation of relations in the field of providing information services have been identified and the ways to solve them have been suggested; specific features of legal regulation of contracts in the field of providing information services have been determined and propositions for improving civil and legal regulation of the contracts in the field of providing information services in terms of recodification (update) of the civil legislation of Ukraine have been elaborated.
Provisions on the delimitation of actions with information in civil legal relations and the provision of information services have gained further development in the Section 1 “General characteristics of information and information services in civil law”. It has been proved that the provision of public information upon the request for obtaining such information is an information administrative service, and the provision of information to a participant in civil legal relations, who realizes his subjective right to information, is a subjective civil obligation.
It has been argued that the provision of information by a party to a civil contract, the subject of which is not the provision of information services, but the content of which includes the obligation to take action aimed at acquainting the other party with certain information about the product, work, etc., does not transfer such a contract into an information services supply agreement. In regard to the offer and the public promise for a reward, the provision of information is their substantive component.
The author has proved that among the services of information nature it is expedient to distinguish information services and services that are closely related to information ones. Information services have been offered to be considered in two meanings: 1) information services in a broad sense that include various actions of the talent on creating, receiving, searching, processing, systematizing, transmitting, distributing, protecting, etc. information on behalf of the order giver to meet his various needs of informational nature; 2) information services in a narrow sense as actions on providing the user of information with intangible information that create a certain beneficial effect of a non-material nature and aimed at achieving a result that has no tangible content and meets the information needs of the user.
Services that are closely related to information ones are services that provide access, transmission of information, facilitate its storage, have an ancillary, “service” nature (telecommunications services, communication services, etc.).
The author, for the first time, in the Section 2 of the dissertation “General provisions on agreements in the field of providing information services” has offered own definition of the information services supply agreement as a contract of the parties, where one party (talent) undertakes to provide information services on behalf of the other party (order giver (user of information services)), the results of which are not protected as objects of intellectual property rights, have a certain beneficial non-material effect for the order giver (user of information services), and the order giver (user of information services) undertakes the obligation to pay the talent for the information services, unless otherwise provided by the agreement.
It has been proved for the first time that the information services supply agreement is a general concept for contracts, the subject matter of which is information services in a broad sense, which include information services (information services in a narrow sense), advisory services, consulting services, auditing services, marketing services etc.
The author has improved scientific approaches to determining the place of the information services supply agreement within the system of civil contracts with the clarification that such agreements belong to the group of contracts for the provision of services, but are of independent type of civil contracts – the information services supply agreements, which, in turn, are divided into separate types due to the peculiarities of the provision of information services: the information services supply agreement, the agreement on the provision of consulting services, the agreement on the provision of audit services, etc.
