THE CONCEPT AND SCOPE OF SUBJECTS OF THE RIGHT TO CONSTRUCTION
NARINE ARAKELYAN
PhD student at YSU Chair of Civil Law,
Chief specialist of the Legal Expertise Service of
the Cassation Court of Republic of Armenia
DOI: https://doi.org/10.59546/18290744-2025.4-6-66
Annotation.
The article is devoted to the identification of subjects of construction law and their separation.
The author, having studied the legal experience of foreign countries, presented the peculiarities of the construction law and, in general, the participants in construction legal relations, and noted that the legislation of the Republic of Armenia does not separate the statuses of subjects participating in construction legal relations. The absence of such separation causes confusion in the issue of distinguishing these subjects, since the RA legislator, using the concept of “developer”, actually includes in it also a specialized developer constructing a multi-apartment residential building, a person implementing construction on his own land plot, and a person having the right to construction.
In order to clarify the mentioned problem, the author, based on the research and analysis conducted in the article, presented her point of view on the existing legislative regulations, presented certain proposals aimed at their improvement. In particular, she presented the criteria for distinguishing these entities, made certain proposals for distinguishing these entities through legislative legal regulations. Through the legislative proposals presented in the article, it will be possible to distinguish different entities participating in construction legal relations, clearly fixing the status of the latter, as well as the scope of legislative norms applicable to them, which will allow for legislative regulations in accordance with legal certainty.