Influence of judicial practice on the development of investment and construction sector and ensuring conflict-free project realization

• Published in: Недвижимость: экономика, управление no. 4
• Main Author: Larisa Igorevna Zaitseva
• Format: Journal Article
• Language: English
• Published: Publishing House ASV 01.12.2023
• Subjects: conciliation procedures; conflict-free construction; government regulation measures; judicial practice; project mediation
• ISSN: 2073-8412; 3034-1485
• DOI: 10.22337/2073-8412-2023-4-69-72

In the current conditions of sanctions pressure and crisis phenomena, state regulation measures in the investment and construction sector should be aimed at preventing and eliminating contradictions and disputes between business entities, that is, the effectiveness of such measures must be assessed based on the ability to ensure conditions for conflict-free construction. At the same time, the concept of “conflict-free” does not mean the absence of disputes as such, but refers to the most constructive approaches to resolving disagreements, taking into account the interests of the participants in the relationship and the development priorities of the system as a whole. Of particular importance in achieving this goal is the activity of the judiciary in the field of forming a uniform judicial practice, focused on development priorities, as well as the application of judicial assistance technologies in the use of conciliation procedures in relation to construction disputes. Thus, the most significant recently developed positions relate to the extension of framework that is absent in the legislation, the interpretation of contract terms, the use of support measures and anti-sanction regulations, the peculiarities of bringing to responsibility for violation of urban planning standards and the consequences of non-compliance with mandatory requirements at the starting phase of the project. Analysis of approaches developed in judicial practice allows to identify risks associated with the implementation by public bodies (the prosecutor's office) of control and supervision functions. Assistance in the use of conciliation procedures, in turn, allows parties to use more flexible formats aimed at finding a mutually acceptable solution to a conflict situation within the court. At the same time, the problem of participation of public bodies in conciliation procedures remains relevant, significantly reducing their effectiveness.