Problems of legal regulation of relations, the object of which is temporary structures for conducting business activities

This article is dedicated to the study of the issues of legal regulation of relations, the object of which is temporary structures for business activities (hereinafter referred to as Temporary Structures). The study of the problems of legal regulation of relations involving Temporary Structures is relevant in today’s conditions, as the current legislation does not provide sufficient legal means for clear regulation in this area of social relations, which in turn creates a number of legal conflicts in the regulation of legal relations involving Temporary Structures. Particular attention in the article is devoted to the issues of legal regulation of social relations related to the use of Temporary Structures as movable property in the sense of civil law, as an object of ownership rights, and to legal liability for violations of the procedure for establishing Temporary Structures, etc. The article analyzes the norms of the Civil Code of Ukraine, the Law of Ukraine «On the Regulation of Urban Development Activities», the Procedure for the Placement of Temporary Structures for Entrepreneurial Activities, which define the concepts and characteristics of Temporary Structures, the procedure for their placement in cases specified by current Ukrainian legislation, as well as the features and limits of exercising property rights in relation to the latter. Special attention was paid to the analysis of the norms of current legislation that would classify the Temporary Structure into the appropriate category of things in civil law, as well as determine its legal status as an object of ownership. The author emphasized the study of the institution of liability for violation of the established legal order regarding the placement and use of the Temporary Structure. During the research, it was found that the mechanism for legal regulation of relations regarding the use of Temporary Structures is imperfect, as it does not contain legal means that would establish the legal liability of a person for violation of the established rules regarding the use of Temporary Structures, nor does it classify the Temporary Structure into the category of things (movable or immovable property) and define it as an object of ownership as a whole. Based on the analysis of the norms of current legislation, the following conclusions have been drawn that allow us to assert that the mechanism of legal regulation of relations concerning the use of Temporary Structures does not contain a sufficient number of legal tools capable of defining the latter as a full-fledged object of social relations, since the norms of current legislation do not clearly define Temporary Structure as a movable property in the sense of civil law and do not classify it as an object of property rights. Regulation of relations where Temporary Structures are the object, taking into account the mentioned legal gaps, is carried out through judicial practice, which simultaneously creates legal uncertainty. It was also concluded that the mechanism of legal regulation of relations involving Temporary Structures needs significant improvement in terms of legal liability. After all, the current legislation does not contain any norm that would allow for the legal liability of persons who violate the requirements imposed on the use of Temporary Structures. Taking into account the conducted research, a general conclusion was made that the mechanism of legal regulation of relations, the object of which is a Temporary Structure, requires careful attention from the legislator, and therefore the only tool for improving it is the enshrinement at the legislative level of a complex of legal means that will eliminate the existing gaps that hinder participants in legal relations from fully exercising their rights in relation to such an object of legal relations as Temporary Structures.