Suchergebnisse

The article considers the peculiarities of capital construction contracts. The concept, subject and essential conditions of this agreement are defined. The analysis of the legislation regulating the order of drawing up and execution of contracts under capital construction is carried out. Part 1 of Art. 318 of the Commercial Code of Ukraine enshrines the concept of a contract for capital construction. The capital construction contract, being a type of contract, has all the generic features inherent in the latter. Regarding the subject of the contract, there are different scientific views for its definition, however, it should be noted that the subject of the capital construction contract is diverse, which allows us to consider this type of contract special. The issue of the essential terms of the contract is also important, as the capital construction contract is considered concluded upon agreement on all essential terms. The essential conditions of this type of contract are enshrined in the provisions of the Commercial Code of Ukraine, as well as in the General Conditions for concluding and executing contracts in capital construction, approved by the Cabinet of Ministers of Ukraine dated August 1, 2005 № 668. As a general rule, the parties to such an agreement are the customer and the contractor, who are endowed with certain rights and responsibilities. Contracts (subcontracts) for capital construction are concluded and executed on the general conditions of concluding and executing contracts in capital construction, approved by the Cabinet of Ministers of Ukraine, in accordance with the law. It should be noted that any contract is concluded for the purpose of obtaining results, even if it is complied with by all parties. However, unfortunately, it may happen that the parties do not perform their duties at all or perform improperly, which leads to a breach of contract. In case of breach of obligations under the contract, the following legal consequences occur for the violator: payment of fines, penalties ...

The article analyzes the role of different international organizations and the European Court of Human Rights (ECHR) in the field of international protection of children's rights. The main idea of the article is to determine modern methods and mechanisms of protection and realization of children's rights in international law. Much attention is given to the fact that there are a lot of different international documents that regulate this issue. The author analyzed such documents are Convention on the Rights of the Child, the Declaration of the Rights of the Child and expressed her opinion on their effectiveness. It is described in short the protection of children's rights at the regional level. The article outlines the opinions and views of various scholars who had been working in the field of child rights protection. The article admonishes that everybody has the right to apply to the European Court of Human Rights in case of violation and non-recognition of rights. The article states that numerous ECHR decisions exist on issues related to the protection of the rights of the child based on the provisions of international law. The article defines some problematic aspects of the protection of children's rights. Some attention is drawn to the collisions of the legal regulation of this issue and cases of violation of the rights of the child. Theoretical concepts and practical experience regarding the international protection of the rights of the child in international law are explored in the article. The author mentions that the national legislation of some countries in the sphere of children's rights is not perfect enough. Therefore international standards have to serve as a basis on which it would be possible to construct and develop a domestic law system that will respect children's rights. It is stressed that in the modern world exists a tendency for recognition of almost all rights and interests of the child. It is reported that new mechanisms for the protection of children's rights are developing because ...

The article deals with the peculiarities of the construction contract and the contract for capital construction. The article provides an analysis of the current legislation for the comparison of these contracts. The author outlined the main differences between the legal regulation of compared contracts, as well as their common features. It was emphasized that the Soviet Union's doctrine of civil law featured a scientific discussion on the relation between the construction contract and contract for capital construction. Therefore, it was noted that the contracting parties are the biggest difference between the construction contract and the contract for capital construction. However, the Soviet Union's doctrine and law are not in force now, so scientific views on the relation between the construction contract and the contract for capital construction changed radically. Now scientists feature another provision for the differentiation between these contracts. The author established that the contract of capital construction differs from the construction contract. Firstly, the definition of these two contracts formulated differently in the Civil Code of Ukraine and the Commercial Code. Secondly, the contract for capital construction has the provision for the customer's consent to the accession of a subcontracting party. Thirdly, the Commercial Code of Ukraine contains a larger list of essential conditions than the Civil Code of Ukraine. Next distinguishing feature is the limitation period; the Commercial Code of Ukraine contains more differentiated terms of limitation in comparison with the Civil Code of Ukraine. Also, the author defines other distinction between contracts, such as the price; approximate estimate; liability of the parties for non-performance or improper performance of the contract; the rights and obligations of the contractor and the customer. The common features of these two contracts are their bilateral, paid and consensual character; also the contractor and the customer stand as parties to the ...