Regulatory and legal features of outsourcing in Russia and the United States

The emergence of outsourcing in Russia testifies to the exchange of experience with the United States in the development of innovative economic trends. In the Russian legislation outsourcing is not fixed, as an independent branch of the provision of production, accounting, finance and information technology and other services. To implement these services in Russia there are contractual relations on rendering of services without leaving the level of the outsourcing contract for provision of works, services, indicating that not enough developed regulatory and legal support and the absence of a legislative foundation for the management of outsourcing activities. Modern domestic corporations and small and medium-sized businesses are trying to legally implement the outsourcing business activities of initiating business partnership agreement in due form “paid services”. This agreement is not intended by its economic and logical structure for the implementation of the outsourcing activities and has a number of design features which make it possible to reflect not relying on its existing regulatory support all the possible features of the implementation of the outsourcing of business processes. Based on the existing legal and regulatory experience in the United States, given its “strong” and “weak” side of legislative support of outsourcing of activities, there is a necessity due to the presence of problems in the provision of outsourcing services in their legislation ensuring the formation of a contractual relationship between domestic companies and outsourcers. The author proposed to optimize the domestic legislation in terms of organization and legalization of outsourcing business partnerships, as well as all the possible changes in the legislation concerning the regulatory framework of outsourcing activities in Russia. It becomes impossible to do without the legalization of outsourcing in the domestic legislation, in connection with increasing its intensive development and growth not only in foreign countries but also in the jurisdiction of Russia. Legalization autorsingovoy activity in the domestic legislation allows the government to implement projects to improve the quality of outsourced activities, as well as supervision and control over the legality of its implementation.