The problem of the objectivity of outsourcing relationship in the system of the economic and business-legal policy of the state

However, the important point is that economic policy cannot be implemented in the absence of appropriate business and legal means of its implementation. According to Article 1 of the Constitution of Ukraine, “Ukraine is a sovereign and independent, democratic, social, legal state”. According to Article 19 of the Fundamental Law, the legal order in Ukraine is based on the principles under which nobody can be compelled to do what is not provided for by law. State authorities and local self-government bodies and their officials are obliged to act only on the basis, within the limits of authority and in the manner provided by the Constitution and laws of Ukraine.

D. Zadykhaylo adheres to the same position, noting that the mechanism of formation and implementation of economic policy (as well as state policy in general) has to obtain the legal form of a functioning socio-political mechanism, which is based on specific state activity, which should take place in accordance with the requirements of article 19 of the Constitution of Ukraine regarding legal grounds, powers and methods [9].

According to the Great Ukrainian Legal Encyclopedia, the business-legal policy of the state is an integral part of its legal policy, it is aimed at the effective realization of the goals and objectives of the state economic policy through direct influence on the rule-making and law-enforcement processes in the field of management by incorporating into the content of economic production, necessary and sufficient for of this economic-legal means, forms and mechanisms of regulation of economic relations [17]. The business-legal policy is structured, as is economic policy since it actually covers the objects of economic policy, however, it is distinguished by its tools of implementation and influence on the relevant objects.

If we turn to the Law of Ukraine No. 794- VII “On the Cabinet of Ministers of Ukraine” dated February 27, 2014, we can conclude that this Law, in the context of the powers of the Cabinet of Ministers, connects legal policy mainly with provision the rights, freedoms, and interests of a person and citizen, ensuring protection against illegal encroachments. However, this approach is not entirely correct, since legal policy mediates all types of state policy, giving them a legal nature. This is due to the fact that before the implementation of any kind of policy by the state, the relevant provisions should be fixed at the legislative level. That is why the business-legal and economic policies are inextricably linked.

Based on the above provisions, it can be concluded that the state policy includes two main components - legal and economic policy, which are inseparable from each other, since the economic sphere determines the content of the legal policy, while legal policy ensures the consolidation of legal means implementation of the state economic policy. Therefore, the objects of the state's economic policy are at the same time the objects of business-legal policy.

3.1 Outsourcing relationship as an object of the business-legal policy of the state

Analyzing directly the outsourcing relationship in the context of the problem of state business and legal policy, it should be noted that outsourcing has a dualistic nature since, on the one hand, we understand it as an object of the state's economic policy. In this context, outsourcing acts as a form of industrial cooperation, a type of private partnership, the forms of which are joint investment activities, including through the creation of mutual investment funds, and franchising relations [18]. On the other hand, it is an instrument of investment, innovation, the foreign economic policy of the state, with the help of which various goals for the development of the national economy can be achieved.

In addition, from the point of view of the object of business-legal policy, it should be noted that we can consider outsourcing as a legal and economic phenomenon, and as a type of economic, business relations, and as a legal fact, and as a means of strengthening the national economy and the task in investment and innovation. That is why outsourcing relationship should become a separate special object of regulation, including from the point of view of the use of state aid and even special legal regimes of economy management. Therefore, it is important to have the correct and comprehensive formulation of state policy in order to attract foreign investors, and then to stimulate outsourcing relationship.

Among other things, we propose to consider outsourcing with foreign TNCs (or other powerful producers) in terms of international cooperation and private partnership. Therefore, it is advisable to provide the definition of international cooperation, as indi-cated in Article 1 of the Law of Ukraine "On Foreign Economic Activity" dated April 16, 1991. Thus, international cooperation is the interaction of two or more business entities, among which at least one is foreign, at which the following is carried out: joint development or co-production, the joint sale of final products and other goods based on specialization in the production of intermediate products (parts, assemblies, materi-als, as well as equipment used in complex supplies) or specialization at individual technological stages (functions) of research and development works, production and implementation with the coordination of the corresponding programs of economic activity.

Analyzing the above definition, we can conclude that the main features of international cooperation are, firstly, the presence of two or more business entities, one of which is foreign; secondly, the essence of such cooperation is joint development or production, sales of final products; thirdly, the basis of such interaction is the presence of specialization in the production of intermediate, rather than the final product.

In turn, if we analyze the relations of industrial outsourcing with foreign TNCs, we can conclude that both forms of interaction have similar features. For example, as in international cooperation, in outsourcing relationship that arises at the mega level, a foreign business entity (foreign TNC) is obligatory. Secondly, production outsourcing relationship also involves the development and production of products, which is actually carried out jointly with the customer company. This is explained by the fact that for the production of proper and high-quality products, the customer company can transfer equipment, development results, technology, industrial designs and the like. Thus, the customer company helps the outsourcer to produce products, and therefore both entities are united by the common goal - to produce quality products, which then outsourcer provides to the customer company and the customer company will use it in the future production of the final product. That is, both parties are interested in creating a proper product: for the outsourcer, in order to establish long-term outsourcing relationship with the customer company and for the customer company not to lose its business reputation and to increase the profit from the sale of such products. Thirdly, one of the factors that motivate the customer company to enter into outsourcing relationship is precisely the specialty of the outsourcer in the production of a particular product. In order to obtain higher-quality products with a simultaneous decrease in its cost due to cheaper labour, to lower the tax burden, enterprises pass on various production units for execution. The main difference between international cooperation and outsourcing relationship of a production nature is that the latter does not provide for a joint sale of final products. However, taking into account the above, it can be said that outsourcing relationship is a specific form of international cooperation and should be subject of state foreign policy, which in turn entails the question of applying various methods and forms of their stimulation.

Therefore, from the content of the aforementioned article and the Law of Ukraine “On public-private partnership” can be concluded that there is a need to highlight the concepts of “private partnership” and “cooperation” in the system of business relations as close interaction between business entities. These concepts are appropriate in the analysis of the outsourcing relationship.

But it should be noted that not all outsourcing relationship should be provided with state assistance or otherwise stimulated, as such an approach would violate the constitutional principle of equality of business entities. Therefore, there is a need to identify the appropriate criteria for distinguishing of outsourcing relationship that is important from the point of view of public interest and subsequently provides them with state assistance or establishment of special legal regimes with the aim to stimulate them. In this case, all business entities will be equal, but within the framework of these criteria.

As noted in the previous section, the definition of such relations should be carried out according to criteria which are specially developed by the state in terms of their importance to the state. In our opinion, such criteria can be: the existence of a contract between a Ukrainian enterprise and a foreign TNC (or other powerful entity), the longterm cooperation, the presence of an innovation and/or investment aspect, the order of the customer company is at least 1/3 of the sales of the Ukrainian executive company. In other words, the outsourcer becomes sufficiently dependent on the customer, and therefore the state should support such a business entity with the purpose of qualitative performance of the transferred functions on request. It is also important that outsourcing relationship can have a multiplier effect, which can stimulate the development of several enterprises with which the outsourcer cooperates.

It is necessary to take into account the intensity of the development of the outsourcing relationship. Since such relationship can be based only on a contract, or there may be an existing investment and/or innovative component, as well as a corporate basis, that provides the close correlation between the client and the outsourcing partner that was analyzed in previous studies.

The development of such relations can occur gradually from a contractual basis to a corporate one. It is important that in the event of a corporate aspect, the state must prevent the customer company from receiving 100% of the shares of a Ukrainian company with a determination of the size of the foreign investor's share in order to preserve access to the innovations, technologies, commercial secrets of the customer company.

Thus, we can conclude that each stage of development of outsourcing relationship, especially with foreign powerful manufacturers of the global level, has its own characteristics. In this connection, state policy should be aimed at developing those incentives and support that are appropriate for each stage.

The importance of state support of outsourcing relationship is also explained by the fact that, in accordance with the Order of the Cabinet of Ministers of Ukraine, No. 1017- p, “On Approval of the Export Strategy of Ukraine” (“roadmap” for Strategic Trade Development) for 2017-2021, dated December 27, 2017, the purpose of the Strategy is Ukraine's transition to export of high technology innovative products for sustainable development and successful entry to world markets. In order to implement the Strategy, it is necessary to determine the following strategic goals for the development of trade in Ukraine over the next five years: creating favourable conditions conducive to trade and innovation for diversifying exports; development of business and trade support services that can increase the competitiveness of enterprises, in particular small and medium-sized ones; improvement the skills and competencies of enterprises, in particular small and medium enterprises (entrepreneurship), necessary for participation in international trade.

So, summarize, for the state it is extremely necessary for Ukrainian enterprises to enter the world market, attract innovations, develop enterprises, and also increase their competitiveness, as well as increase exports of Ukrainian products.

Stable economic ties are crucial for a market economy, which results in the production of world-class joint products on an ongoing basis. In this regard, outsourcing relationship claims to get their place in the system of economic relations and to receive from the legislator to ensure stability and growth, while maintaining the competitive nature of market relations in general. This is due to the fact that the stability and development of outsourcing relationship acquire the value of the public interest in the economic sphere. Therefore, outsourcing relationship with the presence of appropriate criteria is a kind of international industrial cooperation and private partnership as special types of economic partnership.

In this case, outsourcing relationship with foreign TNCs is one of the effective means and ways to solve the following tasks. In addition, outsourcing relationship that has an investment and innovation component includes the import of equipment, parts, technology, etc. for the production of products. So, by receiving an order, a Ukrainian enterprise that produces a product increases the value added of the product, which then exports to the customer company. Even this allows for diversification of exports since it can be the production of such products, which were not produced at all in the territory of Ukraine.

In order to achieve the goals of attracting investment and innovation, outsourcing relationship can also solve such problems, since outsourcing relationship can include the transfer of investments to an outsourcer, such as equipment, the creation of an enterprise, the provision of financial assistance, as well as the transfer of know-how, technologies, and other aspects of commercial secret. Thus, Ukrainian enterprises are able to produce completely new products for them with the use of innovations and export it.

CONCLUSIONS

The state policy has a complex structure, the main components of which are economic and business-legal policies. In turn, the following policy directions such as foreign economic, investment and innovation policies can be distinguished within the framework of economic policy.

Outsourcing relationship has system-oriented nature for the economic complex. Since the development of such relations will depend on the situation of the national economy, the competitiveness of Ukrainian enterprises, the ability of access to innovations, the world market, and the like. Their development is a public interest in the economic sphere. In addition, such relations can be considered as the kind of international cooperation, the type of partnership, the forms of which are joint investment activities, including through the creation of mutual investment funds, and franchising relations.

As they are a stable long-term relationship between two or more business entities, in their development process there may be the transfer of investments of innovative nature, equipment, training, etc. in order to produce quality products. And also may be an acquisition of the corporate package of an outsourcer to strengthen such relationship.

Among other things, outsourcing relationship can enhance the export process, have a multiplier effect, because they can attract other enterprises whose products will be needed by the outsourcer to perform the function or business process transferred by the execute company and ensure the growth of tax revenues to budgets.

Taking the above mentioned into consideration, it may be concluded that outsourcing relationship makes it possible to solve the tasks faced by the state in foreign economic, innovation and investment spheres. That is why we are talking about the fact that such relations should be the object of state policy, which will be aimed at their stimulation and development. Outsourcing relationship should receive substantive and detailed business-legal legislative support. All this allows us to raise the question of the feasibility of creating special regimes for such relations in order to stimulate and develop them and at the same time to satisfy public interests.

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