LEGAL REGULATION OF RELATIONS REGARDING THE IMPLEMENTATION OF JOINT ACTIVITIES: THE SEARCH FOR EFFECTIVE INSTRUMENTS FOR THE RECONSTRUCTION OF UKRAINE BASED ON THE EXPERIENCE OF INDIVIDUAL COUNTRIES

Abstract

The article is devoted to the analysis of foreign experience in the regulation of relations with the implementation of joint activities with the aim of finding effective tools for the post-war reconstruction of Ukraine. The article analyzes the experience of reconstruction of European countries. It has been established that the main sources of the reconstruction of European countries after the Second World War were reparations payments from Germany, as well as economic aid to European countries from the United States. At the same time, it was joint work that became the key aspect that contributed to the relatively quick liquidation of the catastrophic consequences of this war, in particular, the restoration of the identity of settlements, the reconstruction of damaged and the construction of new facilities.It is substantiated that one of the effective tools capable of ensuring the reconstruction of domestic infrastructure can be the construction of an agreement on joint activities, which: 1) gives participants the opportunity to act jointly and in a coordinated manner without creating a legal entity; 2) allows to resolve the issue of the legal regime of property allocated for joint activity and ownership of the results of joint activity; 3) allows attracting investors and their resources to achieve the goal of joint activity. It was noted that in such joint activities for post-war reconstruction, the following aspects are manifested: 1) the peculiarities of the participation of the state of Ukraine and foreign states in civil-law relations; 2) a specific combination of public and private interests; 3) the possibility of attracting significant financial, professional, creative, resources, experience and knowledge, which increases the efficiency, effectiveness of joint activities and the probability of achieving the goal desired by the participants of such activities. This, in turn, determines: a) the specificity of the subject composition, in particular, their lack of a clear definition of the status of creditor and debtor; b) the peculiarity of constructing the content of legal relations, in particular, the absence of corresponding rights and obligations. The article analyzes the experience of establishing the institute of joint activity in such countries as Germany, Poland and Georgia. It was concluded that the conclusion of agreements on joint activity is possible and quite widespread within the legal systems of these countries. At the same time, in contrast to domestic legislation, which provides for the possibility of joint activities between participants and without mandatory contributions (Part 2 of Article 1130 of the Civil Code of Ukraine), the civil law norms of these countries establish the possibility of joint activities exclusively on the basis of the union of contributions, which can be both property and nonproperty rights, which corresponds to the domestic model of a simple partnership agreement (Article 1132 of the Civil Code of Ukraine). At the same time, it is quite obvious that joint activity in the field of post-war reconstruction of damaged or destroyed infrastructure facilities in Ukraine is virtually impossible without contributions in the form of funds, knowledge and experience, given that the most appropriate contractual structure for the reconstruction of Ukraine through joint the efforts of several persons is a simple partnership agreement.