LEGAL REGULATION OF CAPITAL CONSTRUCTION IN CONDITIONS OF MARTIAL ARTS. EXAMPLE OF A "HEARST" AREA

Abstract

The article is devoted to the study of legal norms and special procedures that ensure the possibility of construction, restoration and reconstruction of facilities in conditions of military threats and emergency circumstances, and the analysis of mechanisms for restoring infrastructure, including the inspection of damaged facilities and construction priorities, consideration of the rights and responsibilities of participants in the construction process in wartime, assessment of challenges, risks and features of the implementation of construction projects under the influence of military operations. The features of the regulatory and legal regulation of construction activities, the problems of implementing investment projects, the simplification of permitting procedures, and the impact of military restrictions on the activities of developers are considered. Directions for improving legal regulation to ensure the reconstruction of the country are determined.
An analysis of national civil legislation, judicial practice, and scientific approaches was conducted, as a result of which, through synthesis, the main applied problems were identified and ways were proposed for their scientifically sound solution. Induction and deduction were useful in the course of arguing the author's conclusions. The case-study method provided the opportunity to illustrate the relevance of the research by revealing the real state of affairs, which becomes obvious to the reader when analyzing the legal regulation of capital construction and describing individual opinions on them.
When studying the legal foundations of capital construction in Ukraine under martial law, special rules and simplification of procedures introduced by the state for the prompt restoration of destroyed facilities were identified, systematization and generalization of material on the features of legal regulation and legal principles of capital construction under martial law were carried out. The legal field of the construction sector is undergoing significant changes aimed at simplifying procedures, accelerating reconstruction and ensuring the state's defense capability. In view of this, it is necessary to investigate the features of the legal regulation of capital construction under martial law, identify problems that arise in the practical activities of customers, contractors, authorities and control bodies, and also outline ways to improve the regulatory framework. As a result of the research conducted, it was established that during the period of martial law, the state introduced a number of simplifications regarding capital construction in Ukraine. The regulatory legal acts adopted during wartime temporarily change or simplify certain procedures, namely, accelerate permitting processes, expand the powers of military administrations, establish special rules for construction and control, and allow for the rapid allocation of land for defense and humanitarian needs. Such regulation ensures the rapid implementation of projects necessary for defense, life support and restoration of damaged areas. At the same time, it preserves the basic principles of the legal order, provides for control over compliance with building norms and rules, prevents abuses and guarantees the protection of citizens' rights.