Civil law regulation of unfinished construction objects

Civilians pay considerable attention to the concept of unfinished construction sites, as this issue remains relevant in the context of modern legal regulation of the construction industry in Ukraine. It is important to note that unfinished construction creates not only socio-economic problems, but also legal risks, including difficulties with accounting, determining ownership and decisions on the further use or demolition of such sites. Undoubtedly, the current Ukrainian legislation contains contradictions and gaps in regulating the legal status of unfinished construction sites, which leads to a decrease in the effectiveness of state supervision and hinders the implementation of investment opportunities. The article is devoted to a comprehensive study of the legal regulation of construction in progress in Ukraine. The relevance of this topic is stipulated by the need to ensure proper legal protection of construction in progress and future real estate objects, as well as to establish a clear procedure for state registration of property rights to these objects. The author examines the legal nature of an asset under construction as a specific object of civil rights. It is determined that an object of unfinished construction has a dual legal nature - on the one hand, it is an independent object of civil turnover, and on the other hand, it is a temporary state of real estate which is in the process of creation. Particular attention is paid to the analysis of the special property right to an object under construction and a future real estate object as a special type of property right introduced to protect the interests of investors in construction. The author examines the procedure for state registration of such a right, its features and characteristics. The author analyzes the legal regime of divisible and indivisible objects of construction in progress, peculiarities of state registration of ownership and other real rights to such objects, and the mechanism of transformation of rights to an object of construction in progress into rights to a completed real estate object. The author identifies the main gaps and conflicts in the current legislation that complicate the legal circulation of these objects. The author analyzes the contracts most often concluded in relation to construction in progress. As a result of the study, the author suggests areas for improvement of the current legislation, including unification of approaches to determining the legal regime of construction in progress.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-06-24
DOI
https://doi.org/10.24144/2788-6018.2025.03.1.32
Primary Topic
Construction Management and Sustainability
Type
article
Field-Weighted Citation Impact
0.00
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article

Civil law regulation of unfinished construction objects

Alla Herts, Y. - A. Y. Zborivskyi
Analytical and Comparative Jurisprudence
Construction Management and Sustainability
article

Civil law regulation of unfinished construction objects

Alla Herts, Y. - A. Y. Zborivskyi
article en

Abstract

Civilians pay considerable attention to the concept of unfinished construction sites, as this issue remains relevant in the context of modern legal regulation of the construction industry in Ukraine. It is important to note that unfinished construction creates not only socio-economic problems, but also legal risks, including difficulties with accounting, determining ownership and decisions on the further use or demolition of such sites. Undoubtedly, the current Ukrainian legislation contains contradictions and gaps in regulating the legal status of unfinished construction sites, which leads to a decrease in the effectiveness of state supervision and hinders the implementation of investment opportunities. The article is devoted to a comprehensive study of the legal regulation of construction in progress in Ukraine. The relevance of this topic is stipulated by the need to ensure proper legal protection of construction in progress and future real estate objects, as well as to establish a clear procedure for state registration of property rights to these objects. The author examines the legal nature of an asset under construction as a specific object of civil rights. It is determined that an object of unfinished construction has a dual legal nature - on the one hand, it is an independent object of civil turnover, and on the other hand, it is a temporary state of real estate which is in the process of creation. Particular attention is paid to the analysis of the special property right to an object under construction and a future real estate object as a special type of property right introduced to protect the interests of investors in construction. The author examines the procedure for state registration of such a right, its features and characteristics. The author analyzes the legal regime of divisible and indivisible objects of construction in progress, peculiarities of state registration of ownership and other real rights to such objects, and the mechanism of transformation of rights to an object of construction in progress into rights to a completed real estate object. The author identifies the main gaps and conflicts in the current legislation that complicate the legal circulation of these objects. The author analyzes the contracts most often concluded in relation to construction in progress. As a result of the study, the author suggests areas for improvement of the current legislation, including unification of approaches to determining the legal regime of construction in progress.

Analytical and Comparative JurisprudenceVol. 1(3)
Human Growth Foundation (US)
Openalex Percentile: Top 82%
Construction Management and Sustainability
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