Українське співтовариство будівельного права
Будуємо законодавчий ландшафт для професіоналів
The first memorandum was signed
In UNIAN, the Association of Engineers-Consultants of Ukraine, the Ukrainian Society of Construction Law and the Academy of Construction of Ukraine signed a Memorandum of Cooperation.
Thus, leading expert organizations of the construction market demonstrated their intentions and desires to bring the construction industry of Ukraine to a new level and implement high international quality and safety standards in real projects.
In particular, the President of the Academy of Construction of Ukraine (ACU) Ivan Nazarenko said in his opening statement that the signing of the Memorandum was a very significant event that took place for the first time in Ukraine. According to him, the involvement of construction industry specialists will allow not only to develop and implement new standards and new approaches in construction, but also will show the European Union that Ukraine is ready for systemic changes, and that they can and should deal with us. The ACU President reminded that Ukraine's desire to be in the trend of European achievements has been very in evidence since the times of Kievan Rus, when Vladimir the Great standardized "weights and measures" in 996, and this greatly simplified international trade relations.
"In 2018, our Academy celebrates the 25th anniversary. We will hold many interesting events, which everyone is invited to. During this time, we've had a lot of achievements, but now, with the signing of the Memorandum, there is a promising future for the construction industry both on domestic and international markets. Our Memorandum is focused much on the development of the latest technologies – ecological, safe and energy-saving construction, which is the thing of the future. Therefore, all we can do is to work hard and gradually turn our plans into reality together," the ACU President stressed.
In turn, the President of the Association of Engineers-Consultants of Ukraine (AECU) Yana Schygurova noted that the International Federation of Consulting Engineers (FIDIC, 104 countries), of which the AECU is a representative and a member, has been present in Ukraine already for 10 years. The AECU President reminded that in this period, AECU specialists have done much good work to raise quality standards and improve the criteria, rules and regulations in all construction sectors, and this was a very important factor on the way to integration with Europe.
"First of all, the standards of FIDIC, of which we are a member, are applied in international projects funded by investment foundations. But even domestic markets with a strong emphasis on the quality also use FIDIC standards, for example, in Britain or China.
We appreciate and are pleased that, finally, we made it possible to sign this Memorandum in close cooperation with the ACU. After all, it would be very difficult to implement the latest international standards without a classical school, fundamental academic skills and knowledge of all the features of the domestic market. It should be noted that the application of European standards in construction itself is a very important and necessary factor for Ukraine. This opens the way to attract international investments into large construction and infrastructure projects in our country, which, in turn, will foster the economic development," Yana Schygurova stressed.
She is deeply convinced that the Ukrainian construction industry has good prospects for development, and the only thing we need is to make an effort and work hard, and then emerging problems will be solved, while new rules will ensure sustainable growth. Yana Schygurova noted that it was very important to adapt the construction legislation to the real needs of our time. And then we can complete the large unfinished construction projects, of which there are hundreds in Ukraine.
"A new building code, which is currently being developed by specialists, including FIDIC experts, will take into account all the risks and situations that can potentially create problems. All the points will be clearly described in advance, and a scheme of actions will be clear and accurate. The responsibility and legal obligations of parties will be clearly defined, while risks will be minimized. The introduction of an international consultant on FIDIC standards in construction will allow to minimize negative scenarios and protect construction processes from unexpected occurrences. An integrated approach to construction projects implying the defined responsibility of parties at all stages, from the project planning and financing to utilization and safety, will be applied. Actually, we need to change a concept of construction in projects, in which the state is a building owner. Such projects should be commercially and reputationally profitable, so that contractors receive financial returns and the state – infrastructure benefits in the form of a useful facility that guarantees many years of service and will not create unnecessary problems in the future. In addition, we need to amend many provisions, such as principles of pricing, wages for construction workers, etc. And we hope that the so-called middle link will join our initiative, because top-down initiatives require support throughout the construction chain. In such a way, the reforms are going, we have a desire to work and understanding where to go, so we'll definitely have a result," Yana Schygurova concluded.
The ACU Vice-President and expert on construction standards Viktor Leshchynsky noted that in the process of globalization, Ukraine gradually became a fully functional player in European markets. In the construction industry, there was a significant boost before the Euro-2012. According to the expert, there is now an urgent need to bring construction rules adopted in Ukraine to European standards.
"The adaptation of construction rules to European standards will allow our specialists and enterprises to participate in international tenders and have profitable contracts in the EU markets. In turn, the European standardization of the construction industry will allow Ukraine to attract significant investments in large infrastructure projects, which are hampered by the gaps between laws and construction rules. The ACU is currently actively working with international organizations to integrate the Ukrainian construction market effectively and bring it to EU standards. The initiative of the Ministry of Regional Development, which is currently developing the Building Code that will contain and define unified rules and standards of the construction market, is also aimed at this purpose. Let's hope that the signing of the Memorandum, our joint work and all the efforts of specialists will help the construction industry to move to a new level and take the path of sustainable development," the expert said.
The member of the board of the Ukrainian Society of Construction Law Vadym Khodakovsky presented the intentions of branch lawyers to work together to bring the construction market to international standards. He noted that high standards and international law in construction, which are embodied by FIDIC, allow to make the construction process as predictable and risk-free as possible. And this, in turn, creates a favorable environment to attract international investments into Ukraine and, ultimately, to the economic development and the strengthening of statehood.

SEPTEMBER 17, 2018

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