The Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Improving the Procedure for Providing Administrative Services in the Field of Construction and Creating a Unified State Electronic System in the Field of Construction” dated October 17, 2019 No. 199-ИХ introduced the creation of the Register of Construction Activities and the Ministry of Regional Development is responsible for entering information on expert organizations that meet the criteria determined by the Ministry of Regional Development and can conduct an examination of project documentation for construction.
It also requires customers to approve design documentation for the construction of facilities with mandatory certification by electronic signature, and expert organizations to ensure the entry of expert reports with annexes (including contracts for the examination of design documentation for the construction of facilities, concluded in accordance with the Law of Ukraine “On Electronic Trust Services”, if they are concluded through an electronic account) into the Register of Construction Activities, etc.
The draft resolution proposes:
- bringing some provisions of the Procedure into line with the requirements of the Laws of Ukraine No. 199-ИХ of October 17, 2019 “On Amendments to Certain Legislative Acts of Ukraine on Improving the Procedure for Providing Administrative Services in the Construction Sector and Creating a Unified State Electronic System in the Construction Sector”, “On Environmental Impact Assessment”, “On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine” and “On Amendments to Certain Laws of Ukraine on Road Safety Management”;
- to grant executive bodies of village, settlement, and city councils the right to approve construction projects with a total estimated cost of up to 120 million hryvnias, which are implemented with the involvement of budget funds, if the specified executive bodies exercise the powers of the customer without delegating them to the relevant enterprises, institutions, and organizations;
- to define the terms “positive” and “negative” written reports of an expert organization;
- establish that the basis for approval (approval) of construction projects is only a positive expert report;
- provide for the possibility of conducting an examination of construction projects developed in the form of electronic documents, the format of which is determined by the contract between the customer and the expert organization in accordance with the legislation.
