СONTRACTUAL REGULATION OF RELATIONS ON IMPLEMENTATION OF JOINT ACTIVITIES THROUGH INVESTMENT IN CONSTRUCTION

Abstract

The article is devoted to the analysis of the possibilities of using the agreement on joint activities in the field of investment in construction. It has been established that the agreement on joint activity is endowed with special legal properties due to both the scope of its application and the specific mode of investment activity, the relations of which are regulated by the norms of special legislation. The mechanism of contractual regulation of relations on the implementation of joint activities through investment is characterized as the result of symbiosis and mutual adaptation of legal norms in the field of civil legal regulation of relations on joint activities and regulation of relations on the implementation of investment activities. Qualifying features of the agreement on joint activity carried out by investing in construction are singled out. An important legal feature of the studied contractual structure, which allows distinguishing such a contract from other civil law contracts in the field of investment, is the correlative nature of the relationship between the parties. The possibility of using the model of the agreement on joint activities, which is carried out by investing in the field of construction, in the post-war reconstruction of Ukraine, is substantiated, taking into account: a) the flexibility of the mechanism of contractual regulation of the studied relations; b) the possibility of making investments by the participants of the contract not only in the form of property values, but also in the form of professional knowledge, performance of works or provision of services; c) joint distribution of risks arising in the process of joint activities. Attention is focused on significantly expanding the contractual freedom of participants in investment relations in terms of enabling the financing of housing construction objects based on a joint activity agreement, in particular by excluding construction financing funds, real estate transaction funds, joint investment institutions as the only possible investment and construction financing instruments with the use of non-state funds raised from individuals and legal entities. It has been proven that the updated legislative approach will contribute to the activation of the involvement of civil legal relations subjects of a wide range of resources for their joint post-war restoration of residential infrastructure destroyed as a result of hostilities.