STATYBĄ REGLAMENTUOJANČIŲ TEISĖS AKTŲ KODIFIKAVIMAS: KRYPTIES PASIRINKIMAS

Abstract

This article examines the need for codification of the legal acts of the Republic of Lithuania regulating construction. It is noted that the current legislation does not ensure stability and efficiency of the construction process. The construction process is subject to excessive procedural and bureaucratic requirements, and contradictions between the norms of legal acts of different levels can be found. Therefore, the issue of legislative reform is increasingly being raised in the market.

Construction law has not been extensively studied in the Lithuanian legal literature so far. Therefore, we consider it necessary to analyze the legal regulation of construction and to review the need for reform on the basis of the good practice of foreign countries.

This article discusses the fundamental principles and values that the regulation of construction legal relations must ensure. It assesses how the current legislation ensures the implementation of these principles. The article sets out the challenges for codification, the implementation of which would help to make the legal framework more coherent and clearer, more responsive to developments and reduce financial, human and time costs. It also identifies and analyses the most common challenges to construction regulation in different regions of the European Union. After summarizing the main objectives of the legal framework, three codification alternatives are presented, with different scope and structure of the Code. The analysis presented in the paper is based on an assessment of the functioning of the current legal system and an analysis of best practices in foreign countries. The article is based on the positions of legal scholars and practitioners expressed during scientific and practical conferences (international and national).