The Verkhovna Rada adopted in first reading a government bill on the amendment of the terms of reference construction market in Ukraine (No. 5587). For the document voted 230 deputies at the minimum required for the adoption of 226 votes.
The bill was presented by Vice Prime Minister of Ukraine, Minister of regional development, construction and housing and communal services Gennady Zubko. According to the Minister, will decrease not only the number of licensing procedures, but also the time that will be required of the developer for their passage.
“In the past, architects could not have specialized higher education, but only experience – but we believe that the availability of higher education (for such specialists – Ed.) should be mandatory,” said Zubko.
The relevant Committee had previously recommended following the results of consideration in the first reading to the bill as a basis with Committee amendments. Hotfix removed from the document regulations that already exist in the legislation of Ukraine.
The author of the bill is the Prime Minister of Ukraine Volodymyr Groysman, and the explanatory note stated that the document aims to regulate the requirements to conduct construction activities in Ukraine. The changes, according to the project, will be made in the various laws of Ukraine, including architectural and urban development activities.
Key innovations and facts:
- Qualification and admission to the construction market can only get the architects (and engineers, engineers of technical supervision, experts in the validation of design solutions and drawings, etc.) with higher specialized education.
- Canceled the need to obtain technical conditions from the State service of Ukraine for emergency situations.
- The Cabinet of Ministers is empowered to establish a list of facilities, construction of which will not require licensing mechanisms and taking into operation.
- Introduces a uniform concept of “the customer”, whose rights will be provided only to the person having registered rights to the land plot under construction.
Previously, experts PolitEyes praised the bill and noted that its adoption will help Ukraine to rise in the ranking of Doing Buisiness, which is one of the current priorities of the authorities. So Minister of justice Pavel Petrenko estimates that the growth of just one point in the ranking of Doing Business will give Ukraine $ 630 million investment.
Analysts identified the pros and cons of the document.
Positive features of the bill:
- Mandatory skills will provide greater quality, reliability and safety of constructed facilities.
- The Ukrainian legislation is consistent with international standards of regulation of construction activities.
- Simplifies the procedures for the implementation of construction activities and closes the path for the “individual agreements” (corruption).
- Will raise the position of Ukraine in the Doing Business rating for the component “Obtaining construction permits”.
- The abolition of the requirement to ensure new homes phone and radio communications
- Allows to regulate construction in a combat zone.
“The requirement for higher education in individuals who have developed project documentation and provided technical supervision of construction, provides building owners an additional guarantee of their security,” – said a leading lawyer of the Office of effective regulation BRDO Denis Malyuska.
The negative features of the bill:
- The need to resolve the question of determining the level of higher education for performers and architectural works. The text of the bill is unclear, will be admitted to the certification examinations.
- The absence of a settlement of the question of the use of previously obtained certificates to persons who do not have higher education. For example, you need to set the rule for cancellation of certificates to persons having higher professional education.
- The absence of clear restrictive list of construction operations not requiring permits for their execution, creates risks of corruption.
- The lack of statistical reporting requirements on the acceptance into operation of completed construction objects.
- Requires improvement monitoring samoreguliruemaja organizations.