Аутсорсинг как средство сохранения устойчивости деятельности коммерческой организации в условиях экономического кризиса

Abstract

The article is devoted to the issues of applying the outsourcing mechanism in the activities of commercial organizations in the context of the economic crisis caused by the coronavirus pandemic. Some statements and judgments of the heads of commercial organizations on this issue are given. The positive and negative aspects of the introduction of outsourcing relations in the activities of companies are shown, the legal nature of the outsourcing agreement is disclosed. Based on the analysis of law enforcement, including judicial practice, some recommendations have been developed for the design of contractual relations related to the provision of services and performance of work by outsourcing. The features of civil liability of the parties to the outsourcing agreement (compensation for losses, recovery of penalties, etc.) are considered separately, and proposals are made to include provisions related to the liability of the parties for improper performance of contractual obligations in the outsourcing agreement.