Kyrychenko I. Legal regulation of engineering activity in the field of construction.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101435

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

13-04-2021

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to the consideration of the legal nature of engineering activity in the field of construction and its state and legal regulation. The essence of engineering is defined as a separate type of professional business activity, the separate independent directions that are included in it, and the relation with other generic concepts – "engineering activity", "engineering service" and "engineering relations" are investigated. It is established that the set of relevant technical, logistic and economic procedures in the practical content of engineering services in the field of construction is related to the specific request of the consumer of the relevant services. Engineering is most often associated with investment relations in the field of construction, but, as practice shows, the nature of long-term financing of engineering projects is most likely related to the process approach to managing this sphere of relations. The latter leads us to conclude that engineering is first and foremost a managerial activity, within which services and procedures of scientific, technical, technological, economic and economic nature are linked, but all of them are aimed at achieving, above all, a managerial goal - commercialization of the results of these procedures. Further theoretical developments in the field of engineering requirements have emerged in the work. It is established that, in addition to organizational and technological conditions that are imposed directly on the enterprise, the legislator also establishes qualification requirements directly for a specific physical performer of a particular procedure in the process of engineering activities. The transfer of the main focus on licensing of a legal entity (an entity of engineering activity) to certification of a specific individual (a specialist in the field of engineering) makes it possible to significantly intensify economic activity in this area. The necessity of improvement of requirements to legal and natural persons providing engineering services, their synergistic combination in order to improve the quality and effectiveness of mechanisms of state regulation and state supervision in the field of engineering activity has been proved. Based on the generalization of theoretical views and practical aspects of the regulation of contractual relations in the field of engineering in construction, it is concluded that the engineering contract has no deterministic place in the system of contracts and is a synthesized version of the contract for the provision of services, construction contract and design and search. The peculiarity of this type of contract is a strong connection with the contract of construction contract, first of all with the rights and obligations of the customer to exercise construction control over the course of work, the necessity of which is provided by both private law and public law. The essential features of the engineering contract are identified, which include: bilateral, payment, fiduciary, allegiance, conglomerate character. The author finds that the absence of a separate block of norms that would regulate engineering activities in the field of construction as a separate type of economic activity, creates the need for its development. Accordingly, the dissertation presents the author's proposals for improvement of the legislation on engineering activity in the field of construction.

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