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Contractual obligations on implementation of works: issues of theory and practice


Work number - M 5 FILED

Author: A. B. Hryniak

The work is resented by Scientific Research Institute of Private Law and Entrepreneurship named after academician F. G.  Burchak of the National Academy of Law Sciences of Ukraine.

On the basis of current legislation and provisions of doctrine of civil and commercial law the concept of the mechanism of civil legal regulation of obligations on implementation of works is grounded and the basis for improving the relevant legislation of Ukraine and practice is created.

The work formulates new doctrinal positions regarding the development of common features that unite all contracting contractual obligations in the contractual type of implementation of works, a system of contracts that mediate the commitments of implementation of works, criteria of separation of contracts and other contractual structures. The optimum structures of the contractual relations in these relationships are determined and approaches to the fair distribution of risks between the contracting parties in the contractual order are developed.

The results of the work are reflected in the scientific research field, in particular in the course of conducting the monographic researches of the issues of law of obligations; legislative activities including the work on the draft Law of Ukraine «On amendments to some legislative acts of Ukraine concerning the regulation of contractual relations in construction activity»(ref. № 01-9 / 1-259 from the 20th of November, 2013), «On Amendments to the Civil Code of Ukraine concerning the improvement of legal regulation of relations regarding works»(ref. № 309-01 / 159 from the 19th of September 2012), «On Amendments to § 4 of Chapter 61 of the Civil Code of Ukraine concerning improvement of legal regulation of relations regarding conducting of search work»(ref. № 01-9 / 1-356 from the 20th of November 2016); «On amendments to some legislative acts of Ukraine concerning the abolition of the certificate of state registration of legal entities and individual entrepreneurs register №  7516 from the 24th of December, 2010»(Letter of the National Academy of Law Sciences of Ukraine № 288 from the  third of February, 2011); law enforcement, such as in the preparation of the scientific and legal conclusions at the request of the Constitutional Court of Ukraine (letter № 338-16 / 992 from the 18th of August, 2009), the Supreme Court of Ukraine (letter № 201-623 / 0 / 8.11 from the 12th of March, 2011, letter № 251-91 / 0/8 from 14th of January 2011, letter № 201-2371 / 0 / 8-11 from 15th of August, 2011); educational process in the preparation of the relevant section of the textbook, scientific comments of legislation, as well as teaching subjects «Contract Law», «Law of Obligations».

The results of research on the topic are presented in 10 monographies, 1 textbook, 2 comments of legislation and judicial practice, 32 scientific articles, 24 theses-reports.

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