Regarding definition of the concept of «object of unfinished construction» in forensic appraisal and construction engineering

Abstract

At present, forensic appraisal and construction examination to determine the cost of unfinished construction is assigned during investigation and consideration of various categories of cases. The research objects while conducting appraisal and construction examination are various types of real estate. In current regulatory legal acts, there are contradictions and inconsistencies regarding definition of unfinished construction object and its belonging to movable or immovable property. Many domestic scientists have paid their attention to definition of the concept of unfinished construction object. However, definitions of this concept proposed by them are not based on a single approach that would fully satisfy the needs of theory and practice of forensic science. The results of the analysis of current legislation allow us to state that at present there is no single approach to defining concept of an unfinished construction object. This article proposes an interpretation of the concept of unfinished construction object formed on the basis of an analysis of existing provisions of legislative acts, achievements of practitioners, generalizations and systematization of achievements of theory of this direction, and identification of signs of an unfinished construction object. Based on the analysis results of terms contained in previous and current regulatory legal acts and the statements of scientists, a definition of an unfinished construction object is proposed: “Unfinished construction object is an integral improvement of a land plot, which creation was started on the basis of all necessary permitting and design documents, without their deviations and violations of building norms and rules, the construction of which is either suspended (cancelled), or the object is not put into operation in accordance with the requirements of current legislation.” It is noted that currently valid construction and regulatory legal acts are insufficient for conducting forensic examinations on the evaluation of unfinished construction objects, since they lack a complete and unified algorithm for research on evaluation of unfinished real estate objects depending on the type of real estate objects, degree of readiness, purpose of determining value, etc.