Analysis Of Case Law Research Articles

Compensation of payment of a penalty for improper performance (non-performance) of the duties by the parties to legal services supply agreement

The article is focused on the problem of compensation of payment of a penalty for improper performance (non-performance) of the duties by the parties to legal services supply agreement. The author has indicated that the protection of the rights and interests of the subjects of civil relations, in accordance with the requirements of paragraphs 8, 9 of Part 2 of the Art. 16, paragraphs 3, 4 of Part 1 of the Art. 611 of the Civil Code of Ukraine, can be carried out by means of compensation of damage and other methods of compensation for property damage, compensation for moral (non­property) harm and award of a penalty. The analysis of case-law shows that compensation of damage by customers of legal services, along with termination of contracts, is ranked first within the structure of judicial protection methods in obligations to provide legal services. Talking about the compensation for moral harm and award of a penalty, such methods of protection are applied extremely rarely. Accordingly, the author believes that the problem of the responsibility of a provider of legal services, in particular the matter of classification of the appropriateness (or, on the contrary, inappropriateness) of performing own duties by this party of the obligation, causes the most problematic issues both from the point of view of the doctrine of civil law and legal enforcement practice The author of the article has noted the possibility of applying a penalty for such types of offenses as delay in fulfilling the main obligation (delay in providing a legal service per se) and delay in returning funds to a customer. The legislation of Ukraine does not provide the possibility to apply a penalty in relation to improper (low-quality) service provision. Therefore, if a provider began to provide legal services in time, but provided them improperly, then the application of a penalty (fine) to his illegal behavior will be possible only if the contract concluded between the provider and the customer of legal services specifically stipulates a relevant term. Taking into account the known advantages in the position of legal services’ providers regarding certain dictates of contractual terms at the stage of concluding contracts, such a penalty clause is unlikely to appear in such contracts. The difficulty of applying this type of a penalty is also explained by the problem of determining the criteria for assessing the quality of legal services’ provision. As we have noted, there are no such clear criteria. Therefore, the application of a penalty (fine) for the “low-quality” legal service fulfilled by the provider is also complicated by objective reasons. The author has substantiated the provisions that the composing elements of an offense are required in order to apply a penalty in legal relations on supplying legal services. In contrast to compensation of damage, lesser form of an offense is sufficient for awarding a penalty: wrongfulness of the performer’s behavior and his guilt. In order to avoid unnecessary repetition, we step aside from studying these aspects, since they are sufficiently thoroughly researched in the material of this subsection on compensation of damage.

LEGAL CONTROVERSIES IN CROSS-BORDER SURROGACY: A CENTRAL EUROPEAN PERSPECTIVE ON THE RECOGNITION OF LEGAL PARENTHOOD THROUGH SURROGACY ESTABLISHED ABROAD

Background: This paper explores the legal field of surrogacy from a Central European perspective, focusing on how countries such as Austria, Germany, and Switzerland address the recognition of parental status established abroad. While the prevailing attitude among Central European states is to prohibit surrogacy within their national laws, there is an increasing tendency to bypass these bans by seeking surrogacy services abroad. This phenomenon, termed reproductive tourism, raises complex legal questions about the recognition of foreign parental status determinations. Methods: The methods used include a comprehensive review of international and autonomous national legal rules as well as a comparative analysis of case law from Central European courts regarding cross-border surrogacy and parenthood recognition. The study examines legal controversies employing Austrian family law as an example to assess highly topical issues arising from surrogacy. It incorporates data from various legal sources, including the Austrian Constitutional Court, the German Federal Court of Justice, the Swiss Federal Supreme Court, and the European Court of Human Rights. Results and conclusions: The findings reveal significant differences between Austria, Germany, and Switzerland regarding the recognition of parental status established by way of surrogacy abroad. While supreme court decisions in these countries tend to prioritise the best interests of the child – often recognising foreign surrogacy arrangements to avoid leaving children without legal parents – their judicial approaches differ considerably. The Austrian Constitutional Court adopts a more inclusive approach by accepting foreign determinations from any authority, such as birth certificates, under the concept of automatic recognition. In contrast, the German and Swiss supreme courts acknowledge only formal court decisions. For cross-border surrogacy cases that do not fulfil this requirement, these countries apply the national law of the child's habitual residence or, as a fallback, the law of the intended parents’ country of origin. Since both German and Swiss law categorically forbid surrogacy, only the genetic father is typically recognised, while the intended mother is directed to adoption. This aligns with the opinion of the ECtHR, which still considers the method of establishing parenthood to be within the sovereignty of a state. This article advocates for a balanced approach that respects both the legal principles of national states and the fundamental rights of children born through an arrangement with a surrogate mother in another country.

Protecting Private Communications through Law and Policy: The Case of the Screenshot Feature

Individuals rely on digital communication platforms to express the most intimate details of their lives with others. The screenshot feature threatens the ability to do this with confidence, authorizing nonconsensual information collection and sharing by interpersonal actors. In some instances, the harms enabled by the screenshot feature have incited legal action. This study analyzes how judges and policymakers have conceptualized and regulated screenshot collection and the sharing of private communications. Analysis of case law and Federal Trade Commission (FTC) rulemakings reveal inconsistencies both within law and policy and as compared to evidence from social-media users. Judges have provided broad definitions of “authorization” and lofty thresholds to sustain individual harm, making statutory regulation of screenshot collection and sharing unlikely. However, guidance from the FTC has demonstrated a nuanced approach to privacy that recognizes the significance of platform design. Results suggest that design-based strategies—both ex ante and ex post—would be a promising step toward adjusting the norms around screenshot collection and sharing of digital messages.

(Ne)odporovateľnosť dohody schválenej formou súdneho zmieru v porovnaní českej a slovenskej súdnej praxe

A lawsuit is inseparably linked to the desired and, in particular, the expected outcome, namely the substantive and authoritative judicial decision. There can be no more fundamental doubt that at least one party to the dispute will not always be satisfied with their statements. If the parties to the dispute have no interest in continuing to litigate, the dispute may also end in an alternative way, other than by a court’s decision on the merits, i.e., by court settlement. But what if the parties to the dispute present the court with a settlement that steals from the creditor? The purpose of this article is to provide an analysis of Slovak and Czech case law on the issue of creditors’ lawsuits against decisions approving a court settlement with reference to lawsuits for the settlement of the community property of spouses.

BURDEN OF PROOF AND PRESUMPTION OF INNOCENCE: A COMPREHENSIVE REVIEW OF THESE FUNDAMENTAL PRINCIPLES IN ANGLO-SAXON CRIMINAL JUSTICE SYSTEMS

This paper provides a comprehensive review of two fundamental principles in Anglo-Saxon criminal justice systems: the burden of proof and the presumption of innocence. These principles form the bedrock of fair trial rights and are crucial to ensuring justice in criminal proceedings. Through an extensive analysis of legal scholarship, case law, and comparative studies, this research examines the historical development, theoretical underpinnings, and practical applications of these principles in various Anglo-Saxon jurisdictions, including the United States, United Kingdom, Canada, and Australia. The paper also explores contemporary challenges to these principles, such as terrorism legislation and the rise of administrative penalties, and offers recommendations for preserving their integrity in modern criminal justice systems.

The Court’s Correcting Mechanism: ‘General Measures’ as a Judicial Remedy to Address Legislative Inaction?

Abstract Citizens confronted with a domestic legislator remaining inactive in contravention of its human rights obligations may turn to the European Court of Human Rights (ECtHR or Court). Having already passed legal challenges at the ‘heads’ end of the European system of human rights, the question arises whether they can find redress at the ‘tail’. When the ECtHR establishes a violation due to a lack of regulatory framework, it may decide to indicate general measures in Article 46 and pilot judgments. Based on an analysis of case law, this paper elaborates on how the Court goes about its remedial practice in legislative inactivity cases. The observations relate to addressing the domestic legislator directly, and the frequency, legal status, content, and deadline of the measures. They can, at least in part, be explained by the Court’s adherence to the principle of subsidiarity. Still, many uncertainties concerning the Court’s practice remain.

The Potential for Race Discrimination in Voucher Programs in a Post-Carson World

ABSTRACT Between 2017 and 2022, the U.S. Supreme Court examined three cases that involved states that tried to limit the use of public money to support religious-affiliated schools. The Supreme Court found a violation of the Free Exercise Clause in all three cases. Although not the focus of the Court’s opinions, these cases may have created avenues for discriminatory practices in publicly funded state school voucher programs. In elevating free-exercise rights above Establishment Clause concerns, the Court’s decisions may have serious implications for students’ civil rights in schools. This article specifically examines whether the growth of school voucher programs in the context of these recent Supreme Court decisions creates a pathway for racial discrimination in participating voucher schools. We first explore the impact of the three Supreme Court decisions. Specifically, we argue that when the Court eliminated distinctions between policies denying funding because of religious status and policies denying funding for religious uses and when it elevated free-exercise arguments, it may have opened additional avenues for discrimination. Thus, we next address whether participating voucher schools can refuse admission to Black students. To set the context for this discussion, we provide a brief historical analysis of case law that has previously supported race-based discrimination on religious grounds. We show that although past court cases and federal tax policy have created a bulwark against such discrimination, the recent rulings favoring free exercise rights raise concerns. If free-exercise rights trump civil rights, some voucher statutes may create an alternative funding stream for modern-day “segregation academies.”

Criminalising looting in wartime: International and national experiences

The relevance of this research topic is conditioned by the increasing number of cases of looting during armed conflicts, which requires the improvement of legal mechanisms for criminalising this act. Even though looting is recognised as a war crime at the international level, there are significant differences in approaches to its criminalisation and the determination of liability for such acts in national legal systems. This creates the risk of ambiguous interpretation of legal norms in judicial practice and complicates the administration of justice. The purpose of this study was to analyse the global and national experiences with the criminalisation of looting during armed conflicts, using the cases of Bosnia and Herzegovina, Sierra Leone, and Ukraine, as well as to formulate recommendations for improving Ukraine’s national legislation in this area. The study employed the methods of comparative legal analysis, formal legal analysis, and case law analysis. The study compared the criminal law provisions and approaches of different countries to the prosecution of pillage, specifically the concepts of “military necessity” and “spoils of war”. The findings of the study showed that the absence of clear legal definitions and criteria for assessing “military necessity” and “gravity of the violation” complicates prosecution for this crime and creates risks of abuse. The study revealed major differences in approaches to the criminalisation of looting, particularly in determining the scope and conditions of liability. The practical value of this study lies in its recommendations for harmonising Ukrainian legislation with international standards. It was suggested that a separate law be drafted to define the mechanisms for criminalising looting during armed conflicts, to establish clear criteria for assessing military necessity, and to unify approaches to judicial practice. This will help to increase the effectiveness of investigations and prosecutions of this type of war crime and strengthen Ukraine’s legal framework in armed conflict

Analysis of Section 85 & 86 of the IPC [ Sec 23 & 24 of BNS] with case law analysis

This research paper examines the legal principles surrounding the defense of intoxication under Indian Penal Code (IPC) Sections 85 and 86 (now Sections 23 and 24 under Bhartiya Nyay Sanhita, 2023). These sections distinguish between involuntary and voluntary intoxication in criminal acts, specifying the conditions under which an accused can claim intoxication as a defense. This analysis is contextualized through the case of Basdev vs. State of Pepsu,1956 wherein the appellant, under voluntary intoxication, committed homicide. The paper traces historical perspectives on intoxication as a defense, scrutinizes the application of intent and knowledge in criminal liability, and critically evaluates the court’s rationale in affirming the conviction under Section 302 IPC for murder, rather than reducing it to culpable homicide not amounting to murder under Section 304 IPC. The findings underscore that voluntary intoxication does not absolve criminal liability if the accused possesses sufficient awareness of their actions and the consequences. The study concludes with an affirmation of the Supreme Court’s judgment, emphasizing the significance of recklessness and behavioral assessment in applying Section 86 IPC.

Understanding solidarity in the European Union: an analytical framework

Solidarity is a key concept in the European Union. However, the concept of solidarity lacks systematic theoretical examination to enable a sufficient understanding of its contextual meaning and to provide an operationalisable benchmark for analysis. To address this research gap, I propose an analytical framework for solidarity in the European Union that features four necessary conditions: particularity, instrumentality, reciprocity, and responsibility. I develop the framework through a transdisciplinary conceptual history approach, substantiated with a thorough document and legal analysis of European integration and CJEU case law. I demonstrate the robustness and validity of the proposed framework by using EU asylum policy as a test case, a field where the question of solidarity is notoriously salient, which is exemplified by an area-specific expression of the concept: fair sharing of responsibility between the EU member states. Moreover, I show that the EU’s solidarity principle is necessary to maintain the bloc’s raison d’être.

Understanding Digital Rape: A Comprehensive Study of Legislation and Case Law

The pervasiveness of technology has introduced new avenues for perpetrating sexual violence. Digital rape, encompassing acts of sexual violation perpetrated online, is a growing concern. In recent years, India has witnessed an alarming rise in heinous offenses related to digital rape. Despite stringent laws, these atrocious acts continue unabated. The term "digital rape" is subject to interpretation, with some linking it to online sexual exploitation of women through electronic devices, while others associate it with current scenarios that raise intense discussion. This study aims to shed light on the concept of digital rape in the modern era, its relationship with sexual exploitation through online resources, cybercrime, and electronic gadgets. By analyzing specific cases, we contribute to a comprehensive doctrinal study, enhancing the legal framework to combat digital rape and protect vulnerable individuals. This study delves into the complex and evolving issue of digital rape, examining its legal definitions, legislative responses, and judicial interpretations across different jurisdictions. Digital rape, involving the non-consensual penetration of a victim's body using objects or body parts other than the penis, has seen varied recognition and treatment under the law. This research provides a comprehensive analysis of statutory frameworks and case law to identify gaps, inconsistencies, and advancements in legal protections for victims. Through a comparative approach, the study highlights the differences in legislative terminology, prosecutorial challenges, and judicial outcomes, underscoring the need for uniformity and clarity in legal standards. The findings aim to inform policymakers, legal practitioners, and advocates, offering recommendations for enhancing legal frameworks to better address and prosecute digital rape, thereby ensuring justice for survivors

Gender discrimination in retirement

The article aims to discuss the issues related to the nature of entitlements to retirement benefits in connection with the regulations relating to the retirement age and to consider existing and future changes in the regulations considering gender discrimination resulting from the different retirement ages of women and men. In particular, the existing regulations regarding the retirement age in Poland and Europe are presented. Based on Polish law, the history of changes and the dynamics of reforms related to the retirement age in national law are shown. The introduced pension reforms confirmed different retirement ages, which were eventually restored to age sixty for women and age sixty-five for men. The issues of the reasons for the changes and the state of the Polish pension system, including the existence of the so-called pension gap are mentioned. A comparison of applicable regulations and principles relating to the rights of people was made. An analysis of European Union law and a review of both national and European case law has also become an essential need in consideration regarding pension gender discrimination. The article also quotes data on the retirement age in selected European countries, based on which conclusions were drawn. The analysis of legal provisions, proposed changes, case law, and legal theory became the basis for final considerations that attempt to answer the question of whether gender discrimination in pensions a common phenomenon is and whether this phenomenon occurs under the applicable legal status.

A Study on Specialist Skill used by Legal Advisor in India

Legal advisors play a crucial role in providing specialized skills and expertise in various legal matters. Their unique skill set combines legal knowledge, analytical thinking, and problem-solving abilities to guide individuals, businesses, or organizations through complex legal processes. This abstract explores the specialized skills utilized by legal advisors and their importance in the legal field. Legal advisors possess a comprehensive understanding of the law, including statutes, regulations, and legal precedents relevant to specific areas of practice. They are adept at conducting legal research, interpreting legal documents, and analyzing case law to provide accurate and informed advice to their clients. By staying up-to-date with the latest legal developments, legal advisors ensure that their guidance aligns with current legal standards and best practices. Critical thinking and analytical skills are integral to a legal advisor's toolkit. They can effectively assess complex legal situations, identify potential risks or pitfalls, and devise strategies to mitigate them. Legal advisors excel at examining intricate details, weighing evidence, and applying legal principles to construct compelling arguments and support their clients' interests. Communication skills are paramount for legal advisors. Additionally, legal advisors are skilled in negotiation, mediation, and advocacy, enabling them to effectively represent clients in legal proceedings, draft legal documents, and engage in discussions with opposing parties

Protection of Personal Non-Property Rights of Spouses in the Practice of The European Court of Human Rights: A Crucial Investigation

Objective: This study investigates the peculiarities of spouses' non-property rights in the European Court of Human Rights (ECHR) case law, aiming to understand how these rights are protected and restored in different legal contexts. Theoretical Framework: The study is based on principles of international human rights and family law, focusing on the right to parenthood, personal development of spouses, non-discrimination, and respect for honor and dignity. The ECHR's framework for protecting these rights provides a solid basis. Method: The research employs a qualitative analysis of ECHR case law, examining relevant legal documents, court decisions, and literature on non-property rights. Data collection involved analyzing ECHR rulings and Ukrainian family law. Results and Discussion: The results show that protecting spouses' non-property rights is crucial for citizens' security and stability. The study highlights how states manage these rights and the ECHR's role in restoring them. The discussion emphasizes national and international law implications, noting discrepancies in current protections. Research Implications: This research not only provides insights into legal mechanisms for protecting spouses' non-property rights but also underscores the practical implications of a robust legal framework and the role of the ECHR in safeguarding these rights, potentially influencing policy and legal practice. Originality/Value: The study contributes to the literature by analyzing the protection and restoration of spouses' non-property rights in ECHR case law. Its originality lies in focusing on the intersection of family law and human rights, highlighting the value of international legal standards in enhancing national protections. This research informs policy and legal practice in family law and human rights.

Sentiment analysis of Canadian maritime case law: a sentiment case law and deep learning approach

Historical information in the Canadian Maritime Judiciary increases with time because of the need to archive data to be utilized in case references and for later application when determining verdicts for similar cases. However, such data are typically stored in multiple systems, making its reachability technical. Utilizing technologies like deep learning and sentiment analysis provides chances to facilitate faster access to court records. Such practice enhances impartial verdicts, minimizing workloads for court employees, and decreases the time used in legal proceedings for claims during maritime contracts such as shipping disputes between parties. This paper seeks to develop a sentiment analysis framework that uses deep learning, distributed learning, and machine learning to improve access to statutes, laws, and cases used by maritime judges in making judgments to back their claims. The suggested approach uses deep learning models, including convolutional neural networks (CNNs), deep neural networks, long short-term memory (LSTM), and recurrent neural networks. It extracts court records having crucial sentiments or statements for maritime court verdicts. The suggested approach has been used successfully during sentiment analysis by emphasizing feature selection from a legal repository. The LSTM + CNN model has shown promising results in obtaining sentiments and records from multiple devices and sufficiently proposing practical guidance to judicial personnel regarding the regulations applicable to various situations.

A Critical Analysis of Legal Regime of Ship-Breaking and Ship-Recycling in Bangladesh

Shipbreaking and ship recycling is one of the major industries of Bangladesh. It is a significant contributor to Bangladesh’s economy and employment as well as one of the major sources of steel supply for the nation. However, this comes at a huge cost to the environment and human health and the current governance of the industry is unable to address this issue properly. This paper offers a comprehensive analysis of the legal framework governing ship-breaking and ship-recycling in Bangladesh, with a primary focus on environmental degradation. It critically examines both national and international instruments aimed at regulating this industry. Drawing upon extensive research and literature review, the paper evaluates the effectiveness of existing legal mechanisms in addressing environmental concerns associated with ship-breaking activities. Special attention is paid to the compliance and enforcement mechanisms within these legal frameworks. Through a comparative analysis of relevant statutes, conventions, and case law, the paper highlights gaps and shortcomings in current regulations which need to be addressed to strengthen environmental protections in the ship-breaking industry. This study seeks to augment the existing dialogues on encouraging sustainable practices in the ship-breaking and ship-recycling industry in Bangladesh by offering a nuanced understanding of the complex interactions between legal regulations and environmental degradation.

Pivotal Significance of Alternative Dispute Resolution Within the Realm of Financial Institutions

Alternative Dispute Resolution (ADR) is vital in resolving financial disputes. This research provides comparative analysis of ADR laws, regulations, and case law from the US, UK and India. It underscores ADR's importance in the financial industry, citing benefits like efficiency, cost-effectiveness, confidentiality, relationship preservation, and improved outcomes for institutions. The study reveals that ADR is a valuable global mechanism for resolving financial disputes, with each jurisdiction having unique frameworks and practices. Understanding these legal landscapes and utilizing ADR can aid institutions in navigating complex disputes and promoting effective conflict resolution. The paper primarily focuses on understanding guidelines, reports, and the evolving use of ADR by financial institutions. It also examines if financial disputes differ from other commercial disputes. Overall, the research highlights the significance of dispute resolution in financial institutions and the role of ADR as an alternative approach.

Judicial Review of the Application of Ultra Vires Doctrine in Malaysia and Indonesia: A Legal Comparison

The Ultra Vires Doctrine serves as a fundamental principle in corporate law, delineating the boundaries of governmental authority and ensuring adherence to legal framework. This comparative study explores the application of the Ultra Vires Doctrine in the judicial systems of Malaysia and Indonesia. Through an analysis of relevant case law, statutory provisions, and scholarly literature, the study highlights similarities and differences in the interpretation and implementation of the doctrine across these jurisdictions. While both countries recognize the importance of restraining government action within legal limits, variations emerge in the extent to which courts intervene and the factors considered in determining ultra vires acts. By shedding light on these legal frameworks, this research contributes to a deeper understanding of corporate law principles in Malaysia and Indonesia and provides insights for legal practitioners, policymakers, and scholars seeking to navigate and strengthen the rule of law.

Public Benefit and Public Interest – Two Sides of the Same Coin?

Purpose: Driven by the question of how the concepts of public interest and public benefit differ, this paper delves into the Slovenian legal system. Through an in-depth analysis of legal concepts, national regulations, and case law from the Slovenian Constitutional Court and selected cases from the European Court of Human Rights, its aim is to illuminate the key differences between both terms. Ultimately, the paper seeks to establish fundamental guidelines for understanding the distinct meaning and application of each concept. Design/methodology/approach: The research is based on a content analysis research design, reviewing secondary literature sources. It employs qualitative methods by analysing the relevant theoretical points, rules, and constitutional case law in the Slovenian legal system, as well as selected European Court of Human Rights case law. The analysis focuses on identifying and extracting key theoretical arguments, legal definitions, and practical applications of both concepts. To distinguish between public benefit and public interest, the analysis adopts a comparative approach, examining how each concept is defined, applied, and balanced in different legal contexts. Additionally, synthesis is used to identify commonalities and divergences between different perspectives on these concepts. Finally, conclusions about the relationship between public benefit and public interest are drawn based on the analysed data. Findings: Public interest and public benefit are abstract concepts. The analysis of relevant Slovenian systemic regulations shows that the two are sometimes applied interchangeably. However, theory suggests that there are certain differences in terms of their tangibility and enforceability. Constitutional case law refers to both concepts in a general way without fully defining their content, yet it does not treat them as synonyms. Academic contribution to the field: Public interest and public benefit are central concepts of public administration science. Public interest is key in defining and shaping administrative relations decided in an administrative procedure. It represents the core value of the public sector, ensuring that its operations are legitimate. Public benefit, on the other hand, is the general benefit of an organised wider community, superior to the benefits of individuals and generally considered equivalent to substantive legality. As public and private interests collide, state intervention with appropriate regulation is necessary to protect the public benefit.Originality/significance/value: This research contributes to the understanding of the concepts of public interest and public benefit within the Slovenian legal system and is a novelty in the field as no such overview has been undertaken before. Its value lies in the analysis of Slovenian constitutional case law over the last twenty-two years and insights into European Court of Human Rights case law. The focus on European Court of Human Rights and Slovenian legislation and case law limits the generalisability of the findings to other contexts. This approach was chosen as much of the relevant legislation for this research is independent of EU influences. Nonetheless, being an EU member state, Slovenia’s legal framework shares some commonalities with other European systems. The added value of the analysis lies in its relevance for understanding how these concepts are treated in similar legal systems, offering valuable insights for comparative studies.

Проблема розмежування трудового та цивільного договору в умовах гіг-економіки

The author draws attention to the fact that the development of digital technologies has expanded the horizon of opportunities for the subjects of legal relations in which a person exercises the right to work. The subjects of these legal relations, independently exercising their freedom of will and acting in their interests, enter either a civil or an employment contract. However, given that in such legal relations, a person exercising the right to work is usually in the legal status of a weak party, society has faced the problem of abuse by employers. Employers have started giving labor relations, in essence, civil law structures, depriving employees of fundamental social and labor rights and guarantees or severely limiting them. In this regard, science, legislation, and judicial practice faced the problem of finding new approaches to distinguishing between civil and employment contracts, as the concepts of an employment contract established in science no longer correspond to modern conditions. Thus, with the emergence of remote work and other non-traditional forms of labor, the features of a traditional employment contract, which allowed distinguishing it from a contractor agreement, ceased to perform the distinguishing function. The article aims to formulate a new approach to defining the distinguishing features of an employment contract and a civil contract in the digital economy. The author’s analysis of legislation, scientific literature, and case law has concluded that an employment contract in the digital economy has variable features. This means there is a need for legislative consolidation of variants of the features of an employment contract. If two or more of them are present, this will allow recognition of an agreement under which a person exercises the right to work as an employment contract. At the same time, the article draws attention to the fact that a decision in this category of cases should meet the following requirements: The focus when deciding on the legal nature of the contract concluded should be on establishing which contract the person exercising his/her right to work intended. The court should avoid formalism and base its decision on facts. The primary purpose of such a decision is to effectively protect the labor and social rights of a person exercising the right to work. Keywords: right to labour, labour relations, employment contract, employee, employer, employment, remote work, freedom of will of the parties to the employment contract, social function of labour law, guarantees, IT sector, contractual regulation, amendment of an employment contract.