State Construction Supervision Research Articles

On the Administrative and Legal Status of Controlled Persons in Respect of Whom State Construction Supervision Is Carried Out

The Strategy for the Development of the Construction industry and Housing and Communal Services of the Russian Federation for the period up to 2030 with a forecast up to 2035 defines tasks for improving control (supervisory) activities in construction. These are reducing the administrative burden on developers; improving the quality and establishing the responsibility of construction control; establishing state construction supervision bodies; digitalization of state construction supervision and construction control. This is due to the fact that currently, in the vast majority of cases, there is a low quality of construction control, due to the lack of clear requirements for professionals conducting construction control and their blurred responsibility, as well as duplication of the subject of state construction supervision and the subject of construction control. In this context, it is relevant to study the administrative and legal statuses of controlled persons involved in the construction and reconstruction of capital construction projects, in respect of which regional state construction supervision is carried out. Due to the comparative legal analysis, this article identifies the distinctive features of the rights and duties of developers, technical customers and persons carrying out the construction. Measures of administrative responsibility of the above-mentioned controlled persons are also being considered. Special attention is paid to the regulatory and legal regulation of construction control in the construction process and self-regulation in the field of construction and reconstruction of capital construction facilities. As a result of the conducted research, practice-oriented recommendations for improving legal regulation in this industry have been developed.

THE ROLE OF STATE CONSTRUCTION SUPERVISION AND CONSTRUCTION CONTROL IN ENSURING THE QUALITY AND SAFETY OF CONSTRUCTION

The article emphasizes the importance of the construction industry in the economy, its significant contribution to the development of urban infrastructure and the creation of a comfortable living environment, the conjunction of activities in the field of construction with the risks associated with the safety and quality of built objects. To ensure the safety and quality of construction, there is a system of State Construction Supervision (SCS) and Construction Control (CC). The necessity of knowledge about the role of these procedures, which will allow the builders to monitor compliance with the rules and requirements during the construction process, ensuring its quality and safety, is noted. The work is devoted to determining the role of state construction supervision and construction control in ensuring the quality and safety of construction. The analysis of complementary control and supervisory procedures which are carried out within the framework of construction and reconstruction works has been carried out. The attention is focused on the main differences and organizational peculiarities of carrying out of the state supervision and construction control on the basis of the normative documentation regulating town-planning activity in the Russian Federation in the field of control and supervision. The conclusion about the differences of goals, tasks, methods of carrying out and organization of the state construction supervision and construction control on the basis of the relevant normative-legal base is made.

Correlation of Legal Concepts of Administrative Procedure and Administrative Liability in the Sphere of Urban Planning

The purpose of the research is to identify the correlation between legal concepts of administrative Procedure and administrative liability in the sphere of urban planning. Main content. The regulatory basis for imposing administrative sanctions in the specified sphere consists of violating legislation, building regulations, standards, rules, etc. Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, as well as methods of analysis and synthesis. Conclusions. It is noted that the mechanism of bringing to administrative liability is based on a considerable number of legislative acts, building codes, standards, and rules, and this fact makes it much more challenging to understand this set of rules and contributes to their violation. Emphasis is placed on the fact that many offences in urban planning activities are detected during state architectural and construction control and supervision. Disclosed are some positions of the Supreme Court regarding the consideration and resolution of disputes related to appeals against resolutions on acceptable imposition. Peculiarities of implementation of norms of the institution of administrative liability in the sphere of urban planning activities for offenders of variable status have been revealed.

Constitutional obligation of Ukraine to ensure freedom of entrepreneurial activity: urban planning reform

The article analyzes the urban planning reform initiated by the Law of Ukraine of December 13, 2022 «On Amendments to Certain Legislative Acts of Ukraine on Reforming the Sphere of Urban Planning» and its impact on the development of freedom of entrepreneurship in Ukraine. The author establishes that the State has objectified in this Law a number of progressive novelties which significantly reduce corruption risks in the sphere of urban development and create a solid basis for Ukraine to fulfill its constitutional obligation to ensure freedom of entrepreneurship, which is in line with the idea and purpose of European integration legislation.
 It is substantiated that legislative and practical ensuring of demonopolization and regulatory transparency in the sphere of urban development is an urgent duty of Ukraine, which should make the necessary efforts to attract huge investments in order to rebuild the industrial facilities, housing, infrastructure, destroyed during the war.
 It is stated that officials performing the functions of state architectural and construction control and supervision, in fact, even without the purpose of obtaining an undue benefit from the customer, are absolutely not interested in prompt and high-quality provision of their services, since their remuneration does not depend in any way on the quantity and quality of services provided by them. At the same time, the main opponents of this Law are city, town and village mayors, who cite a number of arguments, but the author of this article has systematically and consistently refuted these arguments of local government officials, as discussed in this publication. The application of these legislative innovations should destroy the monopoly on state architectural and construction control and remove the corruption component from this activity. The new law should ensure the implementation of the «three-part» test in social reality in order to eradicate corruption from the sphere of urban development. The «three-part» test consists of the following components: reasonable regulation of urban development activities based on the principles of legality and legal certainty; ensuring a free market competitive and transparent environment for entrepreneurship in the field of urban development; and the absence of personal contact between an «official» and an «entrepreneur» through the automation of services in this area.

State Supervision of Urban Construction: Modern Realities

The article is devoted to the study of the concept of state supervision and control in the field of urban planning. The methodological basis of the study is general and special methods of scientific knowledge. In particular, the logical-semantic method was used to deepen the conceptual apparatus. The system method, analysis and synthesis, grouping, and structural-logical method also became the basis of the study. The main directions of the state policy in the field of architectural and construction control and supervision in Ukraine are established. The concept and composition of the system of state architectural and construction control and supervision in Ukraine are defined. The issues of reforming the system of state construction control and supervision have been studied. It is emphasized that in crisis conditions the most appropriate direction of state support is indirect means, one of which is the improvement of legislation in the field of construction. Due to the new content of the institute of control in the field of urban planning, conditions are created for the formation of an effective mechanism of control and supervision in Ukraine and meet the constant needs for the development of theoretical foundations that serve as a basis for development and improvement of legislation in the field of construction. As a result -strengthening the authority of the government and increase the efficiency of its implementation.The state of reforming the system of state architectural and construction control and supervision is analyzed. The practical significance of the obtained results is that they are of both scientific-theoretical and practical interest and can be used in: research (the main provisions and conclusions can be the basis for further research in the field of architectural and construction control and supervision); lawmaking (conclusions and recommendations can be the basis for the adoption of bills).

Improvement of organizational work on the implementation of architectural and construction control

Urban reform has passed the next stage: State Architectural and Construction Inspectorate has been officially liquidated, a new body of the State Inspectorate for Architecture and Urban Planning (SIAUP) is starting work. This is one of the important steps in reforming the construction industry.
 Innovations eliminate the influence of the human factor, direct contact with officials, document management will be translated into digital format. The portal of the Unified State Electronic System in the field of construction is already working.
 The main task of SIAUP is the implementation of state policy on architectural and construction control and supervision, including: implementation of state architectural and construction control and supervision, licensing of economic activities for the construction of facilities that belong to the class of consequences (responsibilities). projects with medium (SS2) and significant (SS3) consequences, and control over the observance by business entities of licensing conditions for conducting economic activities for the construction of facilities that by class of consequences (liability) belong to facilities with medium (SS2) ) and significant (SS3) consequences.
 SIAUP has the authority to conduct inspections; issue instructions to eliminate violations of legal requirements, stop preparatory and construction works, eliminate violations of licensing conditions; carry out licensing; cancels or suspends the decisions of the objects of supervision, etc.
 SIAUP exercises its powers directly and through duly established territorial bodies. The duty to monitor compliance with the law in urban planning is the responsibility of local authorities. Private companies will appear on the market, which will be able to perform the function of state control.
 SIAUP is headed by a chairman, who is appointed and dismissed by the Cabinet of Ministers of Ukraine.

Reforming the legal regulation of State supervision of urban construction in Ukraine

The paper enlights the main directions of the State policy in the field of architectural and construction control and supervision in Ukraine. The issues of reforming the system of state construction control and supervision have been studied, emphasizing how the most appropriate direction of State in crisis conditions support is indirect interventions, such as the improvement of legislation in the field of construction, involving the formation of an effective mechanism of control and supervision in Ukraine.

Пути сокращения сроков итоговой проверки, проводимой органами государственного строительного надзора, на примере зарубежных подходов

The article presents the results of the comparative analysis which has been carried out of domestic and foreign systems of state supervision in construction. Distinctive features in the principles of the state supervision authority`s work are revealed. The purpose of the study is to minimize bureaucratic procedures at the stage of the final inspection carried out by the state construction supervision. Recommendations for optimizing the composition of the acceptance documentation are given. It is proposed to amend Article 39 of Federal Law No. 384-FZ of December 30, 2009, regarding the transfer of responsibility for confirming compliance of the completed construction facility with technical regulations and the project to the technical customer, with the issuance of certificates of compliance.

Legal regulation of construction quality and control

The Institute of State Construction Supervision of urban planning legislation system occupies a key place in the matter of quality assurance of construction, that is a necessary condition for the safety of buildings under construction. The article gives a brief analysis of state architectural-building supervision mechanism of the RSFSR/USSR of Soviet period and developed processes of that period of time. By Decree of the Council of People’s Commissars of August 16, 1944 No. 1110 “On the State architectural-building Supervision”, the authorities (organizations) of architectural-building supervision were created. The main activity of GASK authorities was control functions in construction process, the Construction Norms and Regulations compliance, quality assurance, project solutions relevance, the correctness of capital investments. Analyzing the legal regulation of construction quality and control of Soviet period, the author notes that the political regime of the state does not affect the essence of the state construction supervision, but defines forms and implementation methods of it.

The Use of Geodetic Methods in the Technical Examination of Hydraulic Structures from Soil Materials

In our country, particular attention is paid to the safety of operating hydraulic structures, operational reliability of which is an integral part of the overall security of the Russian Federation. The security and energetic efficiency of hydraulic structures is regulated by the Town Planning Code of the Russian Federation, federal laws, and the code of rules “Hydrotechnical Structures. Key Points” [1-4]. Recommendation on the implementation of federal state construction supervision by officials of Rostekhnadzor (Federal Environmental, Industrial and Nuclear Supervision Service of Russia) during the construction and reconstruction of hydraulic structures are contained in methodological recommendations [5, 6]. Investigation of the operational reliability of soil hydraulic structures issue and the development of measures to extend the established term of their operation is a pressing challenge. To solve this challenge, the technical examination of hydraulic structures from soil materials, which allows us to assess the state of strength properties and the stress-strain state of dams, dikes, etc. is of great importance.The vast majority of soil dams are checked only visually, which does not allow to reliably assess their strength properties. To determine the development of infractions in the body of the dam, to determine the amount of washed soil at hydraulic structures, etc. geodetic methods of research can be used, which, compared to the visual methods, are more accurate.In order to determine the capabilities of geodetic methods for determining the volume of washed soils at hydraulic structures, the authors carried out experimental work to determine the volume of washed soils of the coast protection structure “Gluhaya Damba” (“Deaf Dam”) in the ash-disposal area near Zaimskiy island in the Omsk region.

Methodological foundations of assessment of the impact of State construction supervision during reprofiling big urban areas

The stage of construction is one of the main compulsory periods of the life cycle in the formation of construction end-products – capital construction projects of various functional purposes. The compulsory assessment of conformity of buildings and structures, as well as design construction, installation, setting up and recycling (demolition) processes associated with buildings and structures is conducted in Russia in the form of state construction supervision. An assessment results in a document certifying conformity of the actual indicators with the requirements of design, normative (industrial) and legislative documents. Conformity is assessed in accordance with procedural rules depending on the functional purpose of the capital construction project. There are two conformity assessment forms that appear to be similar: “construction inspection” and “state construction supervision”. They both characterize an approach used to assess the conformity of activities of participants in the construction operations (customers, developers, contractors) on formation of construction end-products – capital construction projects. These terms differ in so far as the construction inspection implies control by the customer of operations of contractors. State construction supervision authorities undertake supervisory (including inspection) activities in order to identify and crack down on violations of the requirements of technological regulations or other normative legal acts and design documents, committed by the key players in the construction investment activities (customer, developer, contractors), with the involvement of state authorities.

Совершенствование деятельности инспекции государственного строительного надзора как фактор улучшения качества строительных объектов

Совершенствование деятельности инспекции государственного строительного надзора как фактор улучшения качества строительных объектов

The Relevance of Developing Methods for the Implementation of the Functions of State Construction Supervision in Housing with a Risk-based Approach

The Relevance of Developing Methods for the Implementation of the Functions of State Construction Supervision in Housing with a Risk-based Approach

State construction supervision during repurposing project implementation in the urban areas

The article discusses the mechanisms for optimizing the activities of state construction during the implementation of various investment and construction projects, including reprofilling, repurposing and reconstruction facilities. As a result, the authors provide a new dimension of quality system by several areas of criteria.

Design of organizational and industrial relations in the renovation of urban areas

This article presents a study of links in organizational and technological structures and information support in construction control in the Russian Federation and other countries, including Great Britain, the USA, Germany, etc. It describes particular features of interconnection between the Customer and the General Contractor in construction product quality management abroad and substantiates the need for development of an automated design system of construction quality management. The structure of the state construction supervision in Russia at the objects of industrial and civil purposes is presented. The features of conducting Supervisory activities in construction are revealed, as well as the main aspects of such activities are presented. The article describes in detail the differences between the implementation of supervision and construction control on capital construction projects. The main issues arising in the performance of construction quality control are formulated.

Organizational and technological systems for renovation of production facilities

The article describes the stage of construction - one of the main compulsory periods of the life cycle in the formation of construction end-products. It is at this particular stage that actual reliability and safety indicators of capital construction projects (specified at the design stage) are formed determining the parameters of operational, functional and economic efficiency. The compulsory assessment of conformity of buildings and structures, as well as design (including survey), construction, installation, setting up, and recycling (demolition) processes associated with buildings and structures is conducted in different countries in the form of state construction supervision. An assessment results in a document certifying conformity of the actual indicators with the requirements of design, normative (industrial) and legislative documents. Conformity is assessed in accordance with procedural rules depending on the functional purpose of the capital construction project. There are two conformity assessment forms that appear to be similar (at first glance): “construction inspection” and “state construction supervision”. Similarity of these terms lies in the fact that they both characterize a resulted approach used to assess the conformity of activities of participants in the construction operations (customers, developers, contractors) on the formation of construction end-products — construction projects.

Subjects providing contact-free administrative services in the area of state architectural and construction control and supervision

Subjects providing contact-free administrative services in the area of state architectural and construction control and supervision

Determination of qualimetric parameters of construction objects during the implementation of state construction supervision at risk-oriented approach

Determination of qualimetric parameters of construction objects during the implementation of state construction supervision at risk-oriented approach

Construction supervision at the facilities renovation

Article justify the need for a systematic approach to the formation of uniform requirements for the volume and level of construction supervision carried out in the conversion of industrial facilities. Author determines the factors that affect the safety, is the quantitative characteristics of various types of control measures carried out by specialists of state construction supervision both at the facility and in the office. As a hypothesis, author considers the possibility of forming a single deterministic system that provides objective supervision during the conversion and does not create an excessive burden for both the state and the developer. As a result, the existing legislation in the field of state construction supervision is incomplete and partly contradictory. In this article the necessity of formation of scientifically grounded hierarchical organizational and technological system of construction supervision is defined.

Systems engineering fundamentals of state construction supervision structure in reshaping of large city territories

The article describes the significance of the Developer’s (Technical Customer) construction compliance control mechanism as an effective tool of reducing potential risks in investment and construction projects. It contains a general description of the practice of attracting organizations to conduct construction monitoring, a need for an integrated, systematic approach to the process of work acceptance. The proposed scheme of the comprehensive verification control including the laboratory validation of the Contractor’s data for the purpose of optimization and improvement of control functions was analysed using existing statistical methods. There have been indicated ways of determining qualitative and quantitative characteristics of the sample (verification control) from the universe common array (the source control of the Contractor) in compliance with the representativeness terms.