Systems of contractual relations in capital construction. Characteristics of contractual relations in construction

Capital construction can be carried out by contract, economic or mixed methods (contract and economic), determined primarily by the procedure for financing costs and the relationship of the parties in the construction process.

Construction of facilities and performance of work by contracting is predominant.

With the contract method of construction, construction and installation work is carried out by specialized organizations that have licenses to perform the relevant types of construction work, on the basis of a construction contract with the customer. The construction contract is the main legal document regulating the relationship between construction participants. The contracting method of conducting work has a number of advantages. It provides conditions for the intensification of construction based on the maximum use of structures, parts, factory-made components, the latest construction equipment, and advanced work methods. Contracting organizations have a permanent workforce of construction workers, production assets, and perform work using industrial methods. This method of work allows us to reduce the duration of construction, improve quality, reduce the cost of construction, and ensure an increase in savings.

The subject of the contract is:

construction, reconstruction of an enterprise, building, structure or other facility;

performing construction and other special installation work.

The rules for concluding and executing agreements (contracts) also apply to major repairs of facilities.

Customers and contractors (general contractors, subcontractors) can be legal entities and individuals of the Republic of Belarus and other states.

In the case of a contract method of carrying out work, the customer is: the management of an operating enterprise, organizations, and individual citizens. The function of the customer on state-owned new buildings for industrial purposes, as well as large non-industrial facilities built according to individual projects, can be performed by a specially organized directorate of the enterprise under construction.

During the construction of residential buildings for social and cultural facilities and public utilities in regions, cities, districts, a single customer service is created, which implements investment programs at the expense of funds from the republican and local budgets, as well as funds from legal entities and individuals contributing them in the form of equity participation .

When constructing facilities for public needs, the state customer is determined from among the government bodies that have the necessary investment resources, or organizations with the right to dispose of such resources.

The Directorate or, accordingly, other bodies are the managers of all funds allocated to finance investment projects and costs. They enter into contracts with design and construction organizations, equipment suppliers, to carry out design, construction and installation work, and to supply equipment.

The selection of a contractor is carried out:

for objects for which contract tenders are held - according to their results;

for objects for which contract tenders are not held - at the discretion of the customer.

The customer may delegate part of the responsibilities, as well as the authority to make decisions on his behalf in relations with the contractor, to the engineer (engineering organization). The relationship between them is governed by a service agreement. In this case, the contractor’s consent to conclude such an agreement is required.

The contractor has the right to engage, on the basis of subcontract agreements, including on competitive terms, subcontractors to perform certain types of work. Fulfillment of the customer's responsibilities for work for which the general contractor has entered into a subcontract agreement is assigned to the general contractor, and the contractor's responsibilities are assigned to the subcontractor. The general contractor is responsible to the customer for all work performed by him and the subcontractor.

A warranty period of two years is established for objects accepted for operation and construction work performed.

A construction contract is concluded if the customer has: a relevant document certifying the rights to the land plot, a decision of local executive and administrative bodies for the construction of the facility; design and estimate documentation that has passed the state non-departmental examination, agreed upon and approved in the prescribed manner, if the responsibility for its development is not assigned to the contractor; protocol on contract bidding; protocol on the results of contract tenders and the selection of their winner.

The contractor has a license to perform the relevant types of construction work, valid on the territory of the Republic of Belarus.

The contract can be signed by the parties no later than 20 days after the completion of the contract bidding and the execution of the protocol. If one of the parties evades concluding a contract, the other party has the right to apply to the economic court with a claim to compel the conclusion of the contract, as well as compensation for losses caused by evading its conclusion.

If holding contract tenders is not mandatory, then the contract is concluded on the basis of negotiations and agreement of the parties; it can be prepared by the customer or contractor or jointly by the parties. Before concluding a contract, the customer and the contractor may enter into a preliminary agreement defining the relationship between the parties at the stage of preparation for construction of the facility.

When preparing a work contract by the contractor, the customer submits to him within the agreed time frame the documents specified above, as well as:

proposals on the price and timing of construction of an object or type of construction work;

payment schedule;

delivery schedule for structures, materials, products, equipment and inventory, if their delivery is entrusted to the customer by agreement of the parties;

schedule for commissioning work when putting the facility into operation in the planned year;

a schedule for combining types of construction work and production processes at existing facilities, indicating, if necessary, possible dates for temporarily stopping production, as well as excluding land from agricultural circulation in order to create appropriate conditions for carrying out construction work; and other documentation.

The period for consideration by the contractor of the specified documents, drawing up and signing of the contract is determined by agreement of the parties, but should not exceed 30 days.

Within the specified period, the contractor develops a work schedule, as well as a schedule for the delivery of structures, materials, products, equipment and inventory, the implementation of which he assumes. These schedules are attached to the draft contract agreement.

The contractor, sending the signed draft contract to the customer, determines the normally required period (at least 20 days) during which the customer is obliged to review this draft and provide a response. If the conclusion of a contract is mandatory, the customer must respond within 30 days from the date of receipt of his project. If the customer disagrees with certain terms of the received draft contract, he has the right to draw up a protocol of disagreements and attach it to the contract.

The contract contains the following data and mandatory conditions:

names of the parties and necessary details;

subject of the contract (name and location of the construction project, types of construction work);

terms (month and year) of the beginning and completion of construction of the facility, execution of construction work;

the negotiated (contract) price of an object, type of construction work, established based on the results of bidding, and for objects for which bidding is not mandatory, the price is determined by agreement of the parties;

the procedure for payment for work performed;

sources of financing;

distribution of functions between the customer and the contractor to provide the facility with structures, materials, and equipment;

responsibilities of the customer and contractor in the performance of the contract;

the procedure for the customer to control the quality of the work performed by the contractor and the supplied structures, materials, products, equipment and inventory;

terms of payment and amount of bonuses for timely commissioning of the facility;

liability of the parties in case of failure to fulfill obligations under the contract;

features of acceptance of completed construction work, commissioning of the facility;

relationship between the parties in the event of force majeure and other conditions.

Legal entities and individual entrepreneurs carrying out construction and reconstruction of residential premises for citizens must define in contracts, along with the above, the following essential conditions:

The amount and procedure for depositing funds by citizens;

Grounds for termination of the contract earlier than the established period;

The procedure for returning funds to citizens in the event of failure to fulfill an obligation or termination of a contract earlier than the established period;

Liability for failure to fulfill obligations.

Mandatory annexes to a construction contract are a work schedule and a payment schedule.

A subcontract agreement is concluded based on the results of contract bidding announced by the general contractor or through direct negotiations with subcontractors. The subcontract agreement includes the same mandatory conditions as the contract agreement. In addition, the subcontract agreement determines the lists of services provided by the general contractor, as well as the amount and procedure for payment by the subcontractor for these services.

The contract may provide for the obligation of the party bearing the risk of accidental loss or accidental damage to construction projects, materials, and equipment to insure the corresponding risks.

When constructing facilities for public needs, financed from the republican and local budgets, extra-budgetary funds, bank loans, the state customer enters into a state contract with the contractor to perform contract work in compliance with the requirements of the Rules. At the same time, the state customer fulfills the obligations and has the rights established by the Rules for customers, with the exception of the right to independently make decisions on the volume of investment allocation and the directions of their use; on the transfer of their powers to third parties; on conservation or termination of construction of the facility.

The customer is responsible for failure to fulfill or improper fulfillment of obligations stipulated by the contract and pays a penalty to the contractor in the following amounts:

for unreasonable evasion from accepting completed construction work and issuing documents confirming its completion - 0.1% of the cost of these works for each day of delay, but not more than 10% of the cost of construction work (facility);

for untimely transfer of an advance payment for completed and accepted construction work - 0.15% of the untransferred amount for each day of delay;

for violation of delivery deadlines for structures, materials, equipment - 0.15% of their cost for each day of delay, but not more than the cost of undelivered structures, materials, products, equipment, inventory.

The contractor is responsible for failure to fulfill or improper fulfillment of obligations stipulated by the contract and pays a penalty in current prices to the customer in the following cases and amounts:

for untimely provision of construction readiness of work, including for failure to submit the scope of work - 0.1% of their cost for each day of delay;

for violation of the deadlines for completing construction work that is the subject of a contract for commissioning of a facility - 0.15% of the cost of these works for each day of delay, but not more than 10% of the cost of construction work (facility);

for untimely elimination of defects identified during the warranty period of operation of the facility - 0.15% of the cost of construction work to eliminate defects for each day of delay.

The Contractor is responsible for poorly performed work discovered within the warranty period.

In addition to the sanctions provided for in these rules for failure to fulfill obligations under a work contract, the party that violated the contract shall compensate the other party for losses in the amount not covered by the penalty (fine, penalty).

The party guilty of exceeding the deadlines for the construction of an object (construction work) established by the contract shall compensate the other party for the losses caused by this.

The procedure for financing capital construction costs depends on the sources of financing and the procedure for payment for work performed between the customer and the contractor established in the construction contract. Financing of the customer's costs for capital construction can be carried out with current(current) account (when financed from state budget funds and the investor’s own funds) or from the account for accounting debt on loans(for construction lending).

From the account from which construction is financed, the following are paid: equipment and materials, work performed and services rendered, completed enterprises, start-up complexes, construction phases and facilities, design and estimate documentation, costs of maintaining the directorate of the enterprise under construction and other costs.

Work performed by subcontractors can be paid either from the current (settlement) account of the general contractor, or directly from the customer’s account (in accordance with concluded agreements). Construction and installation work performed by contractors under direct contracts with customers is paid from the customer’s account on the basis of acceptance certificates for the work performed.

Construction financing is carried out at a negotiated (contract) price established in the construction contract.

The negotiated (contract) price when placing construction orders through contract bidding is established upon the conclusion of a construction contract between the customer and the contractor. When conducting contract bidding, the following types of prices are applied:

The price of the customer (investor), which is the starting price of the construction project or contract work, proposed by him on the date of the decision to carry out contract work.

The contractor's bid price, which is determined by contracting organizations applicants for a construction order and serves for their submission of a competitive proposal when participating in the auction.

When concluding a construction contract, the negotiated price is applied, which is fixed in the construction contract and is determined based on the results of the bidding based on the bid price of the winning contractor.

The price of the customer (investor) and the price of the contractor's proposal are determined in prices on the date of the decision to conduct contract bidding, taking into account taxes, fees (duties) and other deductions to the revenues of the relevant budgets in accordance with current legislation. To determine the customer's price, the base-index method is used, in which the indices of changes in the cost of construction and installation work by cost elements, approved in the prescribed manner by the republican government bodies, are applied to the base estimated cost of contract work. The contractor's bid price can be determined either by the base-index method or by the resource method, which involves the application of weighted average and current (current) prices and tariffs to the resource consumption standards approved by construction organizations or republican government bodies, including resource-estimate standards . In some cases, to formulate the contractor's bid price, the resource-index method can be used, combining the resource method with a system of resource price indices used in construction

To carry out calculations, a settlement period is determined, which can be a month or another period of time necessary to complete a stage of work or the entire volume of work provided for in a construction contract

The basis for payments for work performed, complexes (stages) of work (services) are certificates signed by representatives of the contractor and the customer on the cost of work performed, drawn up on the basis of certificates of work (stages) completed. Payments for work performed can be made with the customer paying advances to the contractor or without paying advances. The procedure and conditions for advance payment are stipulated in the construction contract.

The Bank provides continuous financing and lending to construction projects in accordance with construction contracts - within the limits of their estimated cost based on a copy of the consolidated estimate, work schedules and payments developed on the basis of projects, estimates and construction duration standards. The bank institution, in which financing is opened at the expense of budgetary funds and bank loans, exercises preliminary and subsequent control over the targeted expenditure of funds, compliance by enterprises with state, financial, design, estimate and settlement discipline in construction, as well as contractual obligations.

Some enterprises carry out construction work using economic methods; the volume of such work in the republic is 4-5%.

With the economic method, work is carried out using the efforts and resources of the customer. During the construction period, enterprises organize construction organizations, teams, capital construction departments, and create a production base.

The role of the customer is performed by the management of the enterprise, and the responsibilities of the contractor are usually departments or departments of capital construction that carry out construction and installation work.

The economic method of construction has become widespread when carrying out work on the re-equipment of continuous production. It is also advisable for small volumes of work, in cases where their implementation by a third party in a production environment creates inconvenience for both the contractor and the customer.

It is also used when carrying out technical re-equipment and reconstruction of existing production facilities. Such work can also be carried out in a mixed way (contracting and economic).

If there is a large number of works carried out in an economic way, enterprises can organize auxiliary production for the production of materials, structures and products for these purposes, if the need for them cannot be met by enterprises in the construction industry and the building materials industry.

In construction carried out economically, two methods of financing are used - according to the amount of work completed and according to cost elements.

In the first method, work is accepted and paid as construction and installation work is completed. In this case, the manager of all funds allocated for capital construction is the management of the enterprise. The work is carried out by the capital construction department (department). The relationship between the management of the enterprise and the department (management) of capital construction is organized in approximately the same order as the contract method of performing work. The management of the enterprise bears full responsibility for the quality, timing and cost of construction. In this case, the construction manager, who is subordinate to the management of the enterprise and is responsible for the results of his financial and economic activities, is directly involved in the execution of work. Instead of a contract, a list of construction projects is drawn up, which is signed by the parties and handed over to the construction manager. It indicates the volume of work at the estimated cost for each object. For each year, quarterly tasks are determined for technological stages and work packages.

The capital construction department, like the contractor, needs working capital for the procurement of building materials, structures, parts and other expenses associated with the work. Payment for work performed is usually made monthly on the basis of acts on the cost of work performed, which are signed by the construction manager and the director of the enterprise. However, if the customer pays the contractor for completed construction and installation work at the full cost (contractual price), then when paying for work performed in an economic way, a number of deductions are made - planned savings, depreciation deductions for fixed construction assets. These amounts are withheld due to the fact that they are envisaged as sources of financing capital investments in the economic method of construction.

Small construction projects can be financed by the bank based on cost elements. In this case, the construction site opens one account from which all costs associated with construction are paid (production of design estimates, purchase of equipment, materials, structures, parts, components, wages, etc.).

"Audit and Taxation", 2012, N 6

The choice of legal structure for a construction contract depends on many factors. The determining ones are the number of participants in investment activities, their ultimate goals related to the construction project, as well as the principles of generating income from construction for each participant in investment activities. We will talk about options for concluding contractual relations from the point of view of the income recipient in this article.

The procedure for making capital investments in the form of investments is regulated by Federal Law No. 39-FZ of February 25, 1999 “On investment activities in the Russian Federation carried out in the form of capital investments” (hereinafter referred to as Law No. 39-FZ). The law establishes the basic provisions for making investments, the rights and obligations of investment entities, and also regulates the basic provisions relating to the legal interaction of these entities.

In accordance with Law No. 39-FZ, the main subjects of investment activity are the investor, customer, contractors and users of capital investment objects. The variety of legal forms of interaction in the process of construction activity leads to an expansion of the range of subjects of investment activity.

Investors, in accordance with the legislation of the Russian Federation, are persons who make investments in the prescribed manner. According to experts, an activity can be recognized as an investment activity in accordance with Law No. 39-FZ if it is carried out within the framework of entrepreneurial activity and is aimed at generating commercial profit or achieving other useful results.

In this regard, the question arises: is it possible for contributions of participants in shared construction in accordance with Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation” to be recognized investment?

In my opinion, shared participation in construction is also an investment, regardless of which entities act as investors (participants in shared construction) - organizations or individuals.

Customers in accordance with clause 3 of Art. 4 of Law No. 39-FZ are persons authorized by the investor (investors) to implement the investment project. As a rule, these are organizations involved in organizational and technical construction processes.

If the customer carries out construction, then he acts as the general construction contractor, but if not, then special contractors are invited to directly carry out the construction work provided for in the technical documentation.

Law No. 39-FZ does not prohibit investment entities from combining several functions. Depending on what functions the participant in shared construction combines and what goals he pursues by participating in construction, the criteria for choosing a legal structure will be different.

The investor himself acts as the initiator of construction. It is through its financial resources that the direct construction of the facility is carried out.

If in investment construction there is only one investor who carries out construction with the aim of further using the constructed facility in his business activity, then the choice of contract design will be determined by the investor’s ability to independently participate in the construction process and the amount of financing that he intends to allocate to the implementation of the investment project.

If the investor does not have a sufficient amount at a time to invest money in construction, then the construction contract can provide for phased financing of the project. In this case, the entire construction process is divided into separate stages, for which an individual financing schedule is developed.

If borrowed funds will be raised for construction (loans from banking institutions or loans from other commercial organizations), then when concluding a construction contract, a schedule for the receipt of borrowed funds to the investor’s current account should be provided if the borrowed funds are not taken at a time, but in stages (that is, a line of credit is opened for the investor).

The legal structure of the contract in this case will depend on the ultimate purpose of using the constructed facility.

If the object is initially intended for sale and the investor expects a quick turnover of invested funds, then the contract should provide for the possibility of transferring rights to the object under construction.

I note that such transactions raise a lot of questions regarding tax accounting. Transactions on the assignment of rights require clear legal registration, as well as compliance with all tax legislation. The paradox is that in this case there is no taxation procedure for non-residential construction, so the taxpayer, when carrying out such operations, will most likely have to face claims from the tax authorities. In addition, when choosing this option for organizing construction and its subsequent implementation, one should take into account possible losses that may arise as a result of unfavorable resolution of legal disputes with tax authorities.

For the customer, the procedure for concluding a construction contract will determine the procedure for taxing his income in relation to VAT. Current legislation allows for the conclusion of two fundamentally different legal structures in relation to the customer.

If the customer does not carry out independent construction activities and acts as a kind of intermediary between investors and contractors, who, in accordance with agreements between contractors and the customer, are responsible for the construction of the construction project, then the customer’s remuneration will be similar to the intermediary fee paid under the contracts mediation.

Most often, this type of relationship between subjects of investment activity manifests itself within the framework of a commission agreement, since the customer acts on his own behalf, but at the expense of investors’ funds.

The subject of investment activity is also the developer, who, in principle, acts as the initiator of construction, but does not have the necessary financial resources, so other participants in construction activities are involved in the construction.

The main goal of the developer is to obtain a financial result, which is formed as the difference between investment contributions for construction and the actual costs of its implementation (if the construction is carried out by the developer himself) or the amount of costs incurred in connection with the involvement of contractors for construction.

What separates the developer from the customer is that the developer has the right of ownership or the right of temporary possession and use of the land plot on which the construction of the facility will be carried out. The developer is also responsible for obtaining permits for construction, as well as for putting the constructed facility into operation upon completion of construction work.

So, when the customer acts as an intermediary for VAT purposes, only the amount of the customer’s remuneration is taken into account in calculating the tax base.

Funds transferred by investors are not included in the calculation of the customer’s tax base.

However, this statement is true if the customer does not carry out construction work independently.

If construction work is carried out by the customer, then its tax base is determined as the sum of all income from the investor. Moreover, such amounts are regarded by the tax authorities as amounts of advance payment, since at the time of transfer of funds by the investor there is no moment of realization.

Thus, the customer's remuneration can be defined as intermediary. At the same time, regardless of the procedure for financing the project, it is advisable to establish in the construction contract the procedure for determining remuneration. Typically, such remuneration is determined as a percentage of the estimated construction cost. Then, when transferring funds to the investor, you can easily allocate that part of the funds that falls on the remuneration to the customer.

For a contracting organization, the criteria for choosing the legal structure of the contract are different.

A construction contract is concluded between the customer and contractors.

As a general rule, a work contract is executed by the dependents of the contractor. This means that the contractor must carry out construction work at the expense of its financial and material resources.

In this case, the contractor’s remuneration is determined separately and specified in the contract with the customer.

However, a construction contract is not always carried out at the expense of the contractor.

The customer, in accordance with the construction contract, can transfer to the contractors the investor’s materials, which the latter made as an investment contribution, or the contract may provide for the purchase and sale of construction materials if, for example, the customer has the necessary resources.

If the customer, according to the agreement with the investor, only carries out technical supervision of the construction progress, then the contract for specific construction work can be concluded directly between the investor and the contractor. In this case, the investor avoids unnecessary costs associated with paying for the customer’s intermediary services.

It also happens that the investor himself is a construction organization that is capable of performing part of the construction and installation work on the project. The cost of such work can be counted as an investment contribution.

This also applies to the provision of various types of services, ranging from design (at the construction planning stage) to real estate services related to the subsequent implementation of the constructed facility. It must be said that this practice of concluding construction contracts has recently gained particular popularity.

And with the growth of investment activity, new mechanisms, legal and business structures for the participation of interested parties in investment and construction activities appear.

Currently, various programs for the development of housing, communal and infrastructure complexes have been developed and are being implemented. For these purposes, a new scheme of legal, organizational and economic documents aimed at regulating activities in the construction and housing and communal services industries was prepared and implemented at the state level.

Despite the simplicity and well-known design of contractual relations used in this area of legal relations, direct participants in construction and investment activities have numerous difficulties both with the practical application of certain norms of contracting relations, and with the qualifications of direct participants in this activity according to the types of work, services, etc. the possibility of combining individual functions. Moreover, the existing system of regulatory documents and standards does not ensure uniform application and interpretation of many significant provisions of legislation in practice.

Confusion is caused by the differences in the applied mechanisms for concluding and executing contract agreements in construction: investment agreement (contract), government contract, agreements for shared participation in construction, concessions, agreement with a management company (project manager), with an engineering company, agreement for the implementation of technical supervision functions. designer's supervision, general contract, contract with the customer, etc. This is not a complete list of contracts and contract structures used in the field of construction and investment activities. All of these documents differ both in subject and in the circle of persons participating in such legal relations.

Sometimes a company or entrepreneur, acquiring rights to a land plot or having the opportunity to invest significant financial resources, does not know what permits, documents and contracts are needed to carry out the construction of the facility. In other words, how to structure the relationships between all participants. Confusion arises even in the definition of key concepts such as “investor”, “customer”, “customer-developer”, “technical customer”, “contractor” (“general contractor”, “subcontractor”), “designer”, “managing or engineering company."

Of course, all of the above participants in the investment and construction process have strictly regulated functions, implemented through certain rights and obligations enshrined in the relevant contractual structures.
The question most often arises regarding the qualifications of the developer, the customer and the customer-developer. Are these concepts identical or are there differences between them?

If we consider the concept of “customer” in accordance with investment legislation, then it can be defined as a person organizing the construction of a real estate property. As a rule, the customer is attracted by the investor on the basis of an appropriate civil law contract. The main functions of the customer are organizing the construction process, attracting the required contractors - general designer, general contractor, etc. The customer actually performs agency functions in relation to the investor, relieving him of the obligation to coordinate the construction process. The customer has the rights to own, use and dispose of capital investments for the period of construction and within the limits of authority that are established in the contract concluded with him.

An additional and essential requirement for the customer’s company is that it has a state construction license. The customer can be an investor at the same time, but he can also simply act as a customer who has the functions of an organizer. In addition, the customer can qualify as a customer-developer. This happens in cases where he independently carries out construction or the construction of a real estate project is carried out with the involvement of other investors who receive ownership of certain parts of the object during the construction process, for example, apartments in a multi-storey building.

When structuring construction-related relationships, it is important to understand the functions inherent in the investor and developer. Should they act as independent construction entities or are there special requirements or restrictions?

Typically, the investor finances the construction. In addition to financial investments, he also carries out practical actions for the implementation of relevant investments, such as: control over their targeted and timely use, making decisions on the adequacy of investments or the need for additional investments. It should be remembered that this concept, with the consolidation of the corresponding functions in contractual structures, arises only in the case of establishing legal relations within the framework of investment legislation (Federal Law of February 25, 1999 No. 39-FZ “On investment activities in the Russian Federation, carried out in the form of capital investments” ).

The concept of “developer” arises in a related legislative block that regulates legal relations for raising funds from participants in shared construction (Law No. 214-FZ), as well as in urban planning legislation. Thus, a developer is a legal entity, regardless of its organizational and legal form, that owns or leases a land plot and intends to carry out construction on the basis of the received permit. If the developer independently carries out the construction of the facility, he must have the appropriate construction license to perform the functions of the customer. In fact, we are talking about combining the functions of the customer and the developer.

The use of the concepts “developer” and “customer-developer” in contractual structures will mean that the specified person combines the functions of the customer and the developer: according to investment legislation - in relation to contractors; for shared-equity construction - in relation to attracted participants in shared-equity construction. At the same time, the developer, acting as a party to the shared construction agreement and carrying out the construction of the entire facility, is the customer-developer for the contracting (construction and installation) organizations he attracts.

Summarizing what has been said, we can state that all or part of the above functions inherent in one or another participant in the investment and construction process (investor, customer, developer) can be performed either by an independently determined participant or combined in one person when endowed with the required functions and availability he has the appropriate authority to perform such functions. At the same time, the assignment of certain functions to a specific participant is reflected not only in certain contractual relations, but also in the formation of commodity and cash flows, accounting for investment funds received, and optimization of tax mechanisms.

To achieve the expected result, proper structuring of relationships is required to eliminate duplication of functions and ineffective investment management. The structuring of legal relations between participants in investment and construction activities is determined not only by the specific functions established for them by current legislation, but also by the goals that they intend to achieve, the property or financial result that will protect their interests at the stage of entry, implementation and exit from the project.

Construction of facilities and performance of work by contracting is predominant.

The conclusion of construction contracts is carried out in accordance with the rules for the conclusion and execution of construction contracts (contracts), approved by Resolution of the Council of Ministers of the Republic of Belarus dated September 15, 1998 No. 1450 (as amended and supplemented).