DEPENDENCE OF CONTRACTUAL STRUCTURES IN THE FIELD OF IT ON THE NATURE OF THE DIGITAL OBJECT

Abstract

The article examines the dependence of the construction of contracts in the field of information technology on the nature of the digital object that constitutes their subject matter. Particular attention is paid to the analysis of the legal nature of such objects as software, databases, digital content, and artificial intelligence systems, which combine features of intellectual property objects, information resources, and results of service provision. It is substantiated that the specific nature of a digital object leads to the transformation of classical contractual structures and the formation of hybrid models that combine elements of works contracts, service agreements, license agreements, and data processing agreements. The article analyzes the peculiarities of determining the essential terms of IT contracts, in particular provisions concerning the scope of intellectual property rights, access regimes to digital objects, methods of their use, restrictions, and data security guarantees. The study employs a systemic method, which made it possible to consider contractual structures in the IT sphere as an integrated system determined by the interconnection between the nature of the digital object and the legal forms of its use. A formal legal method is applied to analyze the provisions of civil legislation, as well as norms of international and European law in the field of intellectual property and digital technologies. The comparative legal method enabled the study of approaches to the legal qualification of IT contracts in different legal systems, while the generalization of judicial practice made it possible to identify problems related to determining their legal nature and the application of appropriate legal regimes. The theoretical significance of the study lies in the development of scholarly approaches to the influence of the nature of a digital object on the formation of contractual structures in the IT sphere, as well as in clarifying the role of the object of legal relations in determining the content of obligations. The practical significance lies in formulating approaches to the proper legal qualification of IT contracts, determining their essential terms, and ensuring a balance of rights and obligations of the parties, which will contribute to increasing legal certainty and the effectiveness of contractual regulation in the digital economy.