Lutsiv M. Civil ways to protect investor’s property rights in the sphere of housing construction

The dissertation is devoted to the analysis of the source base of investment activity regulation in the sphere of housing construction, to clarifying ways of protecting the investor’s rights. The general civilistic methods of protection and peculiarities of their application in the investment sphere are considered. The concept of the investor’s property rights as an object of civil legal relations is defined. The peculiarities of investor`s property rights protection are analyzed. It outlines the methodological foundations of ways to protect investor's property rights aimed at restoring a pre-existing situation. The features of right recognition as a way of protection in the construction investment sphere are defined. The essence of the situation restoration that existed before the violation is revealed. The concepts and types of losses, the compensation of which have a compensatory nature and are aimed at restoring the investor's property rights are characterized. Application problems of protection compensatory methods in residential 9 construction are revealed. The relation of investor’s property interests protection ways with achievement of the ultimate goal of investment activity - obtaining the construction property stipulated by the investment contract is elucidated. The grounds for termination of legal relations in the aspect of guard methods of protection are analyzed. The peculiarities of legal relations termination and their consequences in case of investment activity participants rights violation are determined. It is proved that termination of the investment legal relationship as a protection method does not always meet the investor’s interests. As investor does not acquire a measurable building property. The termination of the legal relationship as a protection method is combined with the demand for repayment of the invested funds.