TO THE PROBLEM OF DEFINITION OF THE CONCEPT “CAPITAL BUILDING”
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
The article is devoted to actual problems of the definition of the essence and concept of capital construction. Based on the analysis of scientific approaches to this issue, as well as analysis of the definition of the concept of capital construction in Ukrainian legislation, the features of this type of economic activity are established and the definition of “capital construction” is formulated. The conducted research gives grounds for the definition of the following signs of capital construction: – capital construction is the economic activity for the performance of work; – obligatory participant in economic legal relations in the sphere of capital construction is a business entity that must obtain a license for performing certain types of work; – the object of capital construction are buildings, structures, their complexes, their parts, linear objects of engineering and transport infrastructure, objects of incomplete construction, except for temporary buildings and structures, small architectural forms. Currently, there is no definition of the concept of capital construction in the CC of Ukraine, which causes ambiguity in its interpretation as by scientists, so by lawyers-practitioners. In order to improve the legal regulation of legal relations in the sphere of capital construction, we propose to amend the CC of Ukraine supplementing Part 1 of Article 317 of the CC by a new paragraph as follows: “Capital construction is the activity of business entities consisting of the execution of works on new construction of buildings, structures, their complexes or their parts, linear objects of engineering and transport infrastructure (except for temporary buildings and structures, small architectural forms), their reconstruction, restoration, technical re-equipment, expansion, and major repairs.” In this regard, the first paragraph of Part 1 of Article 317 of the CC of Ukraine is considered to be the second paragraph.
Authors and Affiliations
Н. С. Лещенко
Keywords
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