Conditions of Access of the Persons Who Activate the Engineering Activity to the Construction Services Market
Abstract
Problem setting. Today, under the current conditions, construction and architectural activities are one of the main areas of engineering, while international, in particular, European practice, shows an increase of the development activity in the construction sector. In this regard, it is quite logical that not only state regulation of engineering activity in general, but also the creation of a national system of requirements and conditions of the quality of providing engineering services for access to the relevant segment of the economy as a system of legally determined measures, the exclusive mandatory observance of these measures guarantees the ability to business entities to be engaged in engineering activities. Target of research. The purpose of this article is precisely the definition of requirements, conditions, or “barriers” for the performing the engineering activities. Article’s main body. The state legitimizes access to certain types of economic activities through appropriate certification, licensing, standardization procedures, etc., in order to increase the professional and social responsibility of the business, as well as to significantly increase the requirements for competition in various sectors of the economy. Speaking about the conditions for access to the engineering services market for business entities, it is necessary to determine what exactly can be attributed to their list. In order to identify services related to engineering, we propose to take the classification of engineering services enshrined in the Internal Revenue Code of Ukraine as well as taking into account the provisions of State Clasification 009: 2005, according to mentioned act the engineering activities include: – consulting in the field of architecture at the preliminary stages of designing; – architectural and design works; – design of industrial buildings and structures; – design, project management, engineering and technical activities; – activities of technical consultants; Other services in the field of design and development. Consequently, we can conclude that the certification of specialists in the field of engineering activities in construction should take place in all or clearly defined aforementioned vectors, since these types of activities fall under the definition of engineering. Conclusions and prospects for the development. That is, at the international level, the main vector of engineering activity is the personalization of the conditions of access to the market of the mentioned services and the personal responsibility of the mentioned economic entities. In view of this, it seems logical to carry out the certification, because the institute of certification of the responsible performers of certain types of works (services) related to the creation of architectural objects was introduced to protect consumers from unscrupulous performers of services by increasing the level of responsibility of performers for the quality of services of works.
References
Pro arkhitekturnu diialnist: Zakon Ukrainy vid 20.05.1999 # 687-XIV [On Architectural activity: Law of Ukraine of 20.05.1999 number 687-XIV]. zakon4.rada.gov.ua Retrieved from: http://zakon4.rada.gov.ua/laws/show/687-14 [in Ukrainian]. 2. Pro deiaki pytannia, shcho vynykaiut pid chas litsenzuvannia: roziasnennia derzhavnoi arkhitekturno-budivelnoi inspektsii Ukrainy vid 3 serpnia 2015 roku [On some issues arising during the Licensing Clarification State Architectural and Construction Inspectorate of Ukraine on August 3, 2015]. cct.com.ua Retrieved from: http://cct. com.ua/2015/03.08.2015_lic.htm [in Ukrainian]. 3. Pro perelik okremykh vydiv proektnykh ta budivelno-montazhnykh robit, inzhenernykh vyshukuvan dlia budivnytstva, nadannia inzhynirynhovykh ta inshykh posluh, yaki potrebuiut vidpovidnoi atestatsii vykonavtsia: Postanova Kabinetu Ministriv Ukrainy vid 06.04.1998 # 451 [On the list of certain types of design and construction works, engineering surveys for construction, providing engineering and other services that require proper certification Artist: Cabinet of Ministers of Ukraine of 06.04.1998 number 451]. zakon2.rada.gov.ua Retrieved from: http://zakon2.rada.gov.ua/ laws/show/451-98-p (data zvernennia 06.06.2017) [in Ukrainian]. Trofunenko N. V. (2014) Litsenziia z troma vidomymy. I nevidomymy: Yaki siurpryzy mozhut pidnesty novi umovy provadzhennia budivelnoi diialnosti? [License with three known. And unknown: What surprises can the new conditions for the construction activity be put into?]. Zakon biznes – Business law, 7 (1149) [in Ukrainian]. 4. Trofunenko N.V. (2013) Sertyfikatsiia vidpovidalnykh vykonavtsiv u budivnytstvi [Certification of responsible executives in construction]. Pravnychyi chasopys Donetskoho universytetu Legal journal of Donetsk university, 1, 97–103 [in Ukrainian]. 5. Hryniak A. (2011) Osoblyvosti pravovidnosyn heneralnykh pidriadnykiv i subpidriadnykiv u dohovorakh heneralnoho pidriadu [Features of legal relations of general contractors and subcontractors in contracts of general contract]. Pidpryiemnytstvo, hospodarstvo, parvo Features relations general contractors and subcontractors in the prime contract, 12, 53–56 [in Ukrainian].