THE CONTENT OF THE LEGAL STATUS OF CONSTRUCTION CONTRACTORS IN UKRAINE

Abstract

The article clarifies the content of the legal status of contractors in construction in Ukraine as a system of civil-law (basic) and administrative-law (additional) rights and obligations, as well as the grounds and procedure for the emergence of their legal personality. The contractor is interpreted as a key participant in economic relations who acts at their own risk to achieve a materialized result of the work. The normative basis of the legal status of contractors consists of the provisions of the Civil Code of Ukraine on contracts and special rules on construction contracts. It is supplemented by public-law provisions of urban planning legislation and subordinate procedures for admission to work. It is substantiated that it is precisely the integration of private- law and public-law regulators that forms the holistic status of the contractor. The rights include the freedom to choose technologies within established norms, the involvement of subcontractors while retaining responsibility, the demand for payment and signing of acceptance acts, as well as instruments for adjusting the price in case of unforeseen expenses. The contractor possesses the right of retention of the work result and materials until settlement and the right to demand acceptance of the completed work. The obligations include achieving the agreed result of appropriate quality, compliance with project and estimate documentation, deadlines, and guarantees. The contractor bears the risk of accidental loss of the result before delivery, the obligation to eliminate defects within the warranty period, and to warn of threats to quality. The contractor is obliged to obtain a permit or submit a notification of the start of work, enter data into the Register of Construction Activities, and interact with supervisory authorities. Their duties include allowing inspections, properly maintaining execution documentation, ensuring labor protection, fire and environmental safety. The role of the general contractor as the coordinator of the subcontracting network, with responsibility to the client for the final result, is emphasized separately. Attention is drawn to the procedural aspects of commissioning the facility and the importance of judicial practice in clarifying standards of proper performance. It is concluded that the effectiveness of the contractor’s legal status is determined by the ability to combine contractual autonomy with compliance with imperative public-law requirements.