2 research outputs found
EPC-contracts using in renewable energy: Legal and practical aspect
The relevance of the article is connected with the rapid growth of investor`s interest in the project implementation of renewable power plant construction, through the conclusion of so-called EPC-contracts because Ukrainian legislation can’t properly keep up to carry out legal regulation of the public relations, which forces business to use foreign jurisdiction rules or standard contract forms developed by specialized international organizations with a purpose for project implementation. The purpose of the study is clarification of the main features of the capital construction of renewable facilities in Ukraine through the conclusion of EPC- contracts and the problems of current adaptation of legislation according to the best world practices. The main research methods are comparative law research and logical law method, the first of which allows to compare and identify common and distinctive features which are inherent for Ukrainian law and provisions of EPC-contracts which were designed by International Federation of Consulting Engineers (hereinafter – FIDIC), the second one helps to logical study of the legal rules and avoidance of contradictions during conclusion and execution of contracts. The results of the study will be useful for practicing lawyers who support renewables power plant construction projects as well as for scientists who study public relations in the field of capital construction
Gaps in the Legal Regulation of Property Rights and other Real Rights in Ukraine: Comparative Characteristics with Similar Institutions in the EU Countries
The relevance of the study is conditioned by the existence of certain issues related to the registration of property rights and real rights, the grounds for restrictions on such rights, guarantees and ways to protect them, which is extremely important in the state of martial law. The purpose of this study is to investigate the peculiarities of legal regulation of property rights and real rights in Ukraine, as well as to analyse the experience of specific countries of the European Union in this area. The methodological basis of the study consists of a comparative method, methods of system-structural and logical analysis, which allowed establishing the essence of property rights and real rights through the prism of norms regulating relevant relations in Ukraine and the European Union countries; to consider existing problems in the regulatory support of property (private, state, municipal) and real rights; to conduct a comparative analysis of legislative approaches in solving issues of legal regulation of property relations. The main results in the framework of the study should be considered the definition of the features of legal regulation; the emergence, registration, transfer, restriction of property rights and real rights, mechanisms for their protection in Ukraine and in certain European countries; prospects for the development of regulatory support for property rights and other real rights in Ukraine. The relevance of the study results is to provide practical recommendations for improving the legal regulation of relations in the field of property by amending the Civil, Housing, and Land Codes of Ukraine, including individual laws in the field of intellectual property