Osinska O. Internal organizational and economic legal relations in the context of digitalization

The dissertation is the first scientific study in domestic legal science of the impact of digitalization on internal organizational and economic legal relations, intra-system organizational and economic legal relations, on the basis of which new scientific provisions and proposals have been developed. The concept of digitalization of the economy is studied, the concept and legal nature of such participants as a digital enterprise, digital economic systems, in particular a virtual enterprise, a resident enterprise of the Diya City are determined. It is substantiated that the digitalization of an enterprise occurs in two stages. The first is digitization, when internal organizational and economic legal relations do not significantly change (document flow, part of the enterprise's management and control functions are converted into digital form). The second is digitalization, which leads to the transformation of internal organizational and economic legal relations (managing bodies and a significant part of structural divisions operate in digital format). The concept of a digital workplace is presented, based on its perception as an independent structural unit of the enterprise. It is proven that the digitalization of the economy creates opportunities for participation in the digital economy of complex digital economic systems, within which intra-system organizational and economic legal relations arise. The main features of digital economic systems are outlined: formation on the basis of an economic contract; preservation of the legal independence of participants; horizontality of relations between them; economic power of the center of the system; functioning in the digital sphere. The specifics of intrasystem organizational and economic legal relations of digital economic systems are shown on the example of a resident enterprise of Diya City and a virtual enterprise. The specifics of legal instruments necessary for the formation of a digital economic system are studied: charter, agreements on the transfer of functions of the executive body and outsourcing (for a resident of Diya City) and agreements on joint activities, outsourcing, and conducting scientific research, development and technological work (for a virtual enterprise). The main forms of violation of the legal economic order in the digital economy are outlined. Given the lag between the legal regulation of the digital economy and its actual development, the need to create conditions for ensuring the legal economic order by participants in the digital economy within the framework of their internal organizational and economic legal relations or intra-system organizational and economic legal relations is emphasized. The features of such management tools as compliance and due diligence are considered. It is emphasized that, taking into account the experience of the EU, the emphasis in regulating relations in the digital economy should be shifted from self-regulation to state regulation.