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ул. Михайловская, 16
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Публикации

Аналитика. Статьи. Комментарии.

The Ukrainian Journal of Business Law (май 2019 года)

Опубликовано 23.05.2019 Николай Войтович

The Cabinet of Ministers of Ukraine approved the Resolution On Introduction of Amendments to the List of Central State Executive Bodies Authorized for the Enactment of Building Regulations. How exactly will this Resolution influence the renewal of regulations in this sector, and what will be the results for the country’s construction industry?

The main principles of state policy in building regulations include the principles of harmony of building regulations with current achievements in science and technology and with requirements set out in domestic legislation and international rules. Unfortunately, neither of them has been realized completely. Plenty of regulations are not even close to the requirements demanded at the present time. We still have 72 or so effective Soviet-era (adopted in 1970-80s) building regulations, including, for example, Construction Safety Standards. Obviously, technological progress has not passed by the building sector; therefore, modern rules to regulate this field are required as soon as possible.

The impulse for revising the regulations was expected after the adoption of Law 1704-VI of 5 November 2009 On Building Regulations, which initiated the launch of the appropriate state program. However, there was little progress and some steps are still being taken even now. One example of such steps is recent amendments made to the List of central state executive bodies authorized for the enactment of building regulations (the List) introduced by Cabinet of Ministers Resolution 290 of 3 April 2019. The aim of Resolution 290 is to resolve two major problems in the enactment process of industry-specific regulations: a clash between legislation and the vague jurisdiction of state institutions.

Law 1704-VI provides that only ministries are entitled to enact industry-specific regulations. However, the List had contained several state enterprises as the makers of these regulations (e.g. state highways builder Ukravtodor). This clash led to an inability to renew some rules. If state enterprises issued new rules this would contradict Law 1704-VI; at the same time, competent ministries which are absent from the List, could not pass specific rules either. Once these amendments are passed, the List will include only ministries, which means the legal collision is eliminated and ministries are given the green light.

The amendments also specify each ministry’s jurisdiction according to their industrial competence and remove non-existent ministries from the List, with the delegation of their past powers being passed to the appropriate current ministries.

Altogether, the proposed amendments, if adopted, are expected to update now obsolete regulations.

Николай Войтович

The Ukrainian Journal of Business Law май 2019 года
http://www.ujbl.info/article.php?id=1251&fbclid=IwAR3tnsiVzqT77zHF6YK8hf554FW0FNszg_9WceOQo-mYXEUDXHU4pqlWAuc

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