ПРАВОВИЙ РЕЖИМ ОБ’ЄКТІВ НЕЗАВЕРШЕНОГО БУДІВНИЦТВА

Abstract

The article is devoted to the analysis of the ownership issues of an unfinished construction object in the law enforcement practice. An integral element of the system of social relations is the right of ownership of a person to an immovable property. The conditions of its occurrence are regulated by civil law. At the same time, one of the most current issues in this area is the recognition of ownership of an unfinished construction object, which should be considered from two perspectives: first, the problems of legal regulation and recognition of ownership of an unfinished construction object, which lead to the formation of the relevant case law; second, the problems related directly to the consideration of claims for protection of ownership of an unfinished construction object in the courts of Ukraine. Any interference with property rights shall be based on the relevant legal provisions and have a legitimate purpose. State interference in the process of realization of ownership is possible on the basis of regulations that meet the requirements of legal certainty and proportionality. At the same time, the existence of a gap in the legislation in this area has led to legal uncertainty in property relations and restrictions on ownership and, as a result, to the recognition of certain provisions of the legislation regulating the ownership of an unfinished construction object as unconstitutional. In addition, there is currently no unanimity in the case law regarding the understanding of the content of ownership of an unfinished construction object. In the existing methods of expertise, there is no single algorithm for conducting research on the valuation of construction in progress depending on the type of real estate, the degree of readiness, the purpose of determining the value, etc.