Hordiienko A. Economic law regulation of investment in non-residential construction objects.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U005144

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

28-11-2018

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The thesis is an independent completed academic work, dedicated to complex research of the economic law aspects of investment in non-residential construction. We clarify the essence of construction, capital construction and non-residential construction as legal concepts. We find that legal relations in respect to investment in non-residential construction possess a number of characteristic features distinguishing them from respective relations in residential construction: investors in these legal relations are, as a rule, business entities; the scope of investment legal forms is not restricted by law, which allows choosing the most cost-effective option; investment objects are extremely diverse in terms of their functions and social significance; investment objects are mostly unique in their characteristics; a significant part of investment objects is complex, requiring highly specialized maintenance and operation in the post-construction period; public authorities and local governments often act as employers, that raising additional issues of accountability, competition, and public interest protection; value-for-money is an essential concept, representing the best available outcome for money spent, taking into account the considerations of the entire life cycle of the project. The thesis proposes the comprehensive definition of abovementioned legal relations and analyses in detail the structural elements thereof, namely: their objects, participants and contents. We explain the difference between the concepts “construction object”, “real property” and “investment object” in view of Ukrainian legislation. We also study the roles of key participants to the relations and their rights and obligations. We then circumscribe the legal modes of investment in non-residential construction and classify the contracts used to conduct such investment.

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