The Legal Committee “URE Club” supported a draft law “On amendments to some laws of Ukraine on improving state regulation of construction”(№4187) developed by the Better Regulation Delivery Office, which provides abolishing the necessity of the declarations registration in construction, during its working meeting.
Two draft laws “On amendments to some laws of Ukraine on improving state regulation of construction” (№4187) and “On amendments to some legislative acts of Ukraine concerning improvement of urban development” (№4733-1) made by D.Y. Andrievsky and other people’s deputies while being designed to improve the urban development regulation were reviewed at the meeting. These draft laws are in diametrical opposition as for changing the system of getting construction permits: while the main idea of the draft law №4187 is the abolishment of the necessity to register construction declarations, the idea of the draft law №4733-1 is to extend the applicability of a licensing regime for construction of facilities related to the third category of complexity.
In spite of the fact, that the draft law №4733-1 was not supported due to its completely unacceptable mechanisms, the idea to extend the applicability of a licensing procedure for some types of construction facilities related to the third category of complexity had its supporters during the meeting. However, it was noted that this prospective reform could be fully implemented at the bylaw level.
BRDO experts are sure that the adoption of the draft law №4187 will significantly improve not only the domestic legal framework in construction, but also the business environment on the whole.
“The economic entities will be able to build their own activity on civilized and predicted principles”, the lead lawyer and author of the draft law Denis Malyuska commented on the draft law.
Thus, according to the draft law №4187, it is proposed to abolish not only the mandatory registration procedure for declarations in construction, but also to make it necessary to get a court decision for suspending pre-construction and construction activities at the request of state architectural and building control agencies.
It is necessary to separately note the innovations, which provide for the exclusion of the possibility to obtain a qualification certificate by persons without a higher education in the required professional certification area. This approach significantly improves the quality and sustainability of the construction works.