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The Final Legal Committee Meeting in 2016: harmonization of the European and Ukrainian standards and main events of the year

25 December 2016 | Sunday
URE Club

On the 20th of December was conducted the final legal committee meeting in 2016, at which the participants discussed a number of questions concerning the new procedure of involvement of the fixed contribution to the infrastructure development in the Kiev city in 2017, they also discussed the theme of harmonization of the national legislation with the European legislation and mooted practices of the Supreme Court of Ukraine in cases regarding real estate for the 2016.

Committee has actively joined the discussion of the bill which was developed by the Ministry of regional development concerning harmonization of Ukrainian construction standards with European standards, so called Regulation (EU) No 305/2011. The working group of the Committee has already discussed this document and emphasized the necessity of its radical change in connection with the apparent discrepancy between the drafted bill and Regulation (EU) No 305/2011.

Members of the URE Club Legal Committee Meeting proposed to consider more rational way as the alternative to the adoption of this bill. It consists in proper translation of the Regulation (EU) No 305/2011 into the Ukrainian  language with giving it the strength of technical regulation, which market players can use optionally, in their discretion, during the transition period until 2020. After the adaptation of building materials' manufacturers to the European system of norms and standards, this document should obtain compulsory power by adoption the corresponding law that will enact this document. Experts noted that Poland, at the time, had nearly lost its own national production of construction materials, since refused from gradual process of harmonization of this European standard. The bill proposed by the Ministry of regional development does not create adequate conditions for the adaptation of the industry to the European norms. Instead, under the slogans of European integration is offered to create a "hybrid" system which does not comply with the provisions of the Regulation (EU) No 305/2011 but only simulates the implementation of European standards.  By the way, a similar position on the evaluation of the entity of the developed bill has a branch organization Ukrainian Union of manufacturers of construction materials, this position is also shared by the experts of the Association of cement producers in Ukraine.

After discussion of the draft law under the editorship of the Ministry of regional development, it was agreed that the participants will additionally process existing draft law and will send to the developers their conclusions and suggestions.



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