Experience of conclusion and performance of engineering, procurement and construction contracts in post-Soviet countries

• Published in: Cuestiones políticas Vol. 40; no. 74; pp. 830 - 848
• Main Authors: Ustymenko, Volodymyr, Teremetskyi, Vladislav, Bida, Kateryna, Denysyuk, Petro, Novytska, Nataliia
• Format: Journal Article
• Language: Spanish; English
• Published: Universidad del Zulia, Facultad de Ciencias Juridicas 01.01.2022
• Subjects: Aggression (International law); Construction contracts; Contracts; Engineering; Legislation; Political power; Postcommunist societies; Property; Public relations; Purchasing; Sanctions
• ISSN: 0798-1406; 2542-3185
• DOI: 10.46398/cuestpol.4074.46

The main purpose of the article is the analysis of properties and risks arising during the conclusion and performance of engineering, procurement and construction contracts (hereinafter referred to as EPC contracts) in Ukraine, Kazakhstan, Russia and Belarus, notwithstanding the current situation with military aggression and sanctions. The methodological basis of the study consists of the comparative legal and structural-logical method, systemic analysis and synthesis. It also describes the ways of relevant adaptation of EPC contracts in accordance with the requirements of the legislation. In addition, the authors have studied in detail the legal instruments that could help the contracting parties to establish the control due to occurrence of risks in different jurisdictions of the post-Soviet space. Finally, it was concluded that the application of EPC contracts, in the countries of the post-Soviet space, is connected with the presence of high level of political risks that should be taken into account when carrying out large-scale infrastructural projects. The results of the study will be useful to practicing lawyers, students and scientists who are interested in the examination of public relations in the field of civil works with some political influence on the development of this sector.