This thesis focuses on the comprehensive theoretical and practical analysis of substantive aspects of engineering contract in the Civil Law of Ukraine.
There have been marked the basic factors, which determine the relevance of this topic. The foremost among them there is the fact that modern civil law regulation of engineering activities remains largely unstudied.
Furthermore, the concept of engineering does not exist in the economic legislation, notwithstanding the economic and legal characteristics of relations in the engineering area. This factor enables us to distinguish the civil aspect of engineering services exploration, in particular an engineering contract.
Besides, the legal regulation of quality of engineering services is still completely lacking. This leads to inappropriate fulfilment of such obligations. In addition, the legal requirements for the content of this activity are not clearly established, which in turn causes abuse of the right by the parties of the civil engineering contract.
The current civil legislation does not contain any provisions laying down the legal status of participants in engineering relationships, and practice is also contradictory. It is of great practical significance to define the criteria for distinguishing between an engineering contract and related civil law contracts, in particular a refit contract, scientific and technical works, design work, etc.
This thesis analyses the evolution of engineering services, examines the genesis of the engineering contract, defines its concept and legal nature, highlights the best achievements of the regulatory model of the engineering contract, based on an analysis of the current civil and economic legislation of Ukraine and other states (in particular common law countries) regulating private legal relations for engineering work. Further to this, the legal nature of the relationship between the engineering company and the developer of engineering works is also determined. The author determines the position of civil engineering contract in the system of contract law of Ukraine, describes specific requirements for the conclusion of the engineering contract, classifies the types of contract according to certain legal criteria, defines the specificity of the civil engineering contract legal liability for breach of contract or unsatisfactory performance of the engineering contract, proposes recommendations and additions to existing legislation aimed to improve the engineering contract and its law enforcement practice.
The engineering contract is regarded as a civil law instrument that integrates: a) works, that include consultancy services on the preparation of production, in particular on the drafting of technical specifications, designing, developing different engineering models, etc.; b) works, that include consultancy services on the maintenance of productive activities (technical advice, etc.).
It is proved that the subject of the engineering contract is the materialized result of the service provider’s work. Its specificity is that it includes the consultancy support provided in the course of work.
Engineering has been identified as an important method of improving the efficiency of capital invested in a facility, which includes: a) export of services; b) transfer of technology, data or experience in the operation of a facility.
It is proposed that engineering should be understood as the performance of various types of work, in particular construction, etc., which include consultancy services related to construction, electrical, mining, chemical, mechanical engineering, etc., in which the subjects, creating the materialized result, are linked by contractual relations.
It is suggested that legal principle of proportionality and conformity should guide the reparation of damage to the injured party under the engineering contract.
The author refines the concept of an engineering contract as an arrangement whereby one party undertakes to perform certain work at its own risk on the assignment of the other party, which includes consulting during the performance of the work, and the customer undertakes to accept and pay for the materialized work done. It is specified that the customers of engineering works may be individuals whose civil legal personality contains the following main features: equality, inalienability, security and the inadmissibility of limiting by transactions, acts of executive and local government bodies.
The engineering contract risks have been proven to relate to the service provider of the engineering contract obligations. The engineering contract classification has been further developed.
The results of the study can be used for further research, improvement of national legislation and its application, preparation of textbooks, training manuals as well as for teaching courses or special courses to students of educational institutions, who are studying for a law degree.
