Legal regulation of forward contracts in construction investment

Abstract

A brief overview of the legal regulation of forward contracts in construction investment is presented. The relevance of their application in modern conditions, taking into account international standards and the EU acquis, to stimulate the attraction of investments in the national economy, create a competitive environment and sustainable growth in the conditions of financial globalization and the development of communication technologies is substantiated.
 It was found that in order to implement Article 127 of the Association Agreement between Ukraine and the EU regarding the improvement of the financial sector regulation model, new editions of the Laws of Ukraine "On Capital Markets and Organized Commodity Markets" and "On Commodity Exchanges" were adopted, according to which international standards are gradually being implemented functioning of the infrastructure of capital markets, however, the analysis of regulatory and legal regulation and the practice of its application shows a number of problems that negatively affect the development processes of derivative financial instruments in the economy of Ukraine.
 The problems of taxation of forward contracts of joint investment institutes were considered, the analysis of judicial practice was carried out in the context of the research topic. It was concluded that the forward contract, if all the essential conditions and requisites inherent to it are present, is recognized by the courts as a derivative, which is a separate type of product. Fundamental to the determination of the possibility of applying a tax benefit when using forward contracts is the question of the acquisition of such assets at the expense of joint investment and whether they constitute assets of the institution of joint investment. The success of the legislative amendment on detailing the assets of the joint investment institute in relation to real estate objects, including in the form of an indivisible object and (or) divisible object of unfinished construction, future real estate object, is theoretically substantiated.
 It was concluded that the development of financial instruments in Ukraine based on leading international practices is the key to successful improvement of the instrumental configuration of capital markets and organized commodity markets for the integration of the national economy into the world economy. The prospects for the development of legal regulation of forward contracts in construction investment on the Ukrainian market are outlined.