Annotation

In this article, the author assesses the role of the court in shaping the complex fate of investment agreements/contracts in our country, the legal nature of which has been the subject of ongoing scientific and practical discussions to this day. The article concludes that enshrining in legislation the contractual structure of investment in construction is not only difficult, but also inappropriate, since the relations between development entities are so complex, diverse and individual that only within the framework of freedom of contract can the parties agree on the terms of interaction within the framework of the implementation of an investment project in construction. The role of the court in this case is to carry out a legal qualification of each individual investment agreement/contract based on an analysis of the subject and essence of the relationship between the parties, taking into account the principles of fairness, economic feasibility and good faith, having considered the dispute on the merits. Thus, the courts do not create "uncertainty" regarding the choice of a contractual structure of investment, but ensure the implementation of the constitutional right to freedom of economic activity.