New in self-regulation in the construction industry: legal aspects

2017 ◽  
Author(s):  
Valyeriy Grinyev

This publication presents new provisions of the Federal law on self-regulation in the construction industry, the construction of a system of property accountability and redress, as well as engineering surveys, implementing the architectural design, the contract for performance of design and survey works, expert examination of engineering survey results and design documentation, technological and price audit with a list of questions asked during the knowledge test in the form of an oral exam for the right preparation of examination of project documentation and (or) engineering survey results, approved by order of the Ministry of construction of Russia from September 13, 2016 No. 634/Ave. For civil servants of Executive authorities, heads and specialists of project and construction organizations, entrepreneurs, teachers, students, applicants and PhD students and other persons enrolled in the programs of professional retraining.

2019 ◽  
Vol 12 (2) ◽  
pp. 61
Author(s):  
Nada Zuhair Al – Feel

This study includes the answer to the question that may be raised regarding the possibility of considering the design of the interior decoration as classified as protected works in the UAE law, and the consequent enjoyment by the designer of the literary and financial rights of the author. Paragraph 11 of UAE Federal Law No. 7 of 2002 on the protection of copyright and related rights refers to the design of decoration as one of the examples of the technical works mentioned by the legislator. The answer to the questions raised in this study is divided into two axes: the first is the technical framework and guarantee the historical development of the design, the role of the Arab design in the development of the design of the decoration and the definition of the designer and distinguish it from the architectural design. The second axis included the legal framework and included the conditions that must be met in the decoration design in order to enjoy legal protection, the rights of the decorator and then the legal protection of the right of the decorator.


Author(s):  
Aleksandr V. Pavlov

The scope of present research is the civil-law protection of health (medical) confidentiality of the citizen in the activity of the institution, carrying out a medical expertise. Mentioned category is considered in this article in aspects of the work with requests to obtain or provide, without the consent of the citizen, information bound by his medical secrecy. There are proposed algorithms of actions for processing mentioned information. As the ingredient of the topic there are considered rationales for its delivery (assignment). It is widely acknowledged that in the construction of legal norms regulating relations concerning medical confidentiality, one of the main task of the legislator is to maintain a balance between the interests of the participants of legal relations - as holders of intangible benefits and public interests of the society, through the formation of a special legal regimes. By determination of the legalframework of the execution of the medical expertise, the State sets: conditions of the execution of expertise; conditions for the recognition the citizen as disabled; conditions for the establishment of his disability, etc. In the case of the establishment of the incapacity for work, disability, it enables the citizen a certain legal and social status, but at the same time obliges him to undergo periodic medical examinations (checkups) for the possibility of saving or cancel (change) provided benefits that state is normal practice for the social welfare state. In these and other cases, the citizen is supposed to disclose certain information constituting his medical secrecy - both to employees of medical institutions, as well as to the members of the expert committees, the employer (by authorized persons), etc. The right to disclosure ofsuch information without the consent ofthe citizen, as an exception according to the federal law may be afforded to other persons - within the limits set by law.


Author(s):  
Svetlana Baurina

This article is devoted to assessing the business potential and risk tolerance of the construction industry. New requirements for ensuring the quality and competitiveness of construction organizations are put forward to enterprises of the construction industry in the conditions of self-regulation. The material base, qualified personnel, used technologies and efficient management of the enterprise are the main factors in ensuring the quality of construction. Only a combination of these factors guarantees the stable functioning of the enterprise. The article revealed development trends and main changes in the construction industry of the Russian Federation in recent years. The consequences of the influence of coronavirus spread around the world on the functioning of the industry were determined. The dynamics of the Business Potential Index in construction is presented. Dynamics of the Risk Tolerance Index in the industry were analyzed.


Author(s):  
И. И. Идилов

Установлено, что на пути развития строительных организаций существуют проблемы, связанные с финансовыми рисками, а также необходимостью соблюдения экологических требований к строительным материалам и самому строительству. Цель исследования заключается в теоретическом обосновании степени влияния механизма саморегулирования на процесс снижения уровня экологических и финансовых рисков в строительных организациях, что является актуальной задачей. Доказано, что вопросы совершенствования механизма саморегулирования оказывают существенное влияние на динамику рисков в сторону их снижения. Административная реформа, которая начата в Российской Федерации, позволила сформировать институты саморегулирования, позволяющие существенно снижать уровень совокупных затрат в отрасли и уменьшать экологические и финансовые риски. Установлено, что саморегулируемые региональные организации (СРО) России получили дополнительные права в сфере осуществления контроля закупок строительных материалов, что позволит снизить уровень затрат и заставит строительные организации закупать материалы, прошедшие экологическую экспертизу. СРО наделили правом контролировать стандарты на процессы выполнения работ и утверждать квалификационные стандарты специалистов в области архитектурно-строительного проектирования. Предложен комплекс мер по совершенствованию взаимодействия саморегулируемых региональных организаций России с государственными органами и муниципалитетами в вопросах их активного участия в реализации политики государства в области градостроительства и внедрения механизма государственно-частного партнерства в формировании городской среды, а также ликвидации ветхого жилья. It is established that there are problems associated with financial risks, as well as the need to comply with environmental requirements for building materials and construction itself, on the way of development of construction organizations. The purpose of the study is to theoretically substantiate the level of influence of the self-regulation mechanism on the process of reducing the level of environmental and financial risks in construction organizations, which is an urgent task. It is proved that the issues of improving the self-regulation mechanism have a significant impact on the dynamics of risks in the direction of their reduction. The administrative reform initiated in the Russian Federation has allowed the formation of self-regulatory institutions that significantly reduce the level of total costs in the industry and reduce environmental and financial risks. It is established that self-regulating regional organizations of Russia have received additional rights in the field of control of procurement of construction materials, which will reduce the level of costs and force construction organizations to purchase materials that have passed environmental expertise. SRO was given the right to control the standards for the processes of work and approve the qualification standards of specialists in the field of architectural and construction design. A set of measures is proposed to improve the interaction of self-regulating regional organizations of Russia with state bodies and municipalities in matters of their active participation in the implementation of state policy in the field of urban planning and the introduction of a mechanism of public - private partnership in the formation of the urban environment, as well as the elimination of dilapidated housing.


2003 ◽  
pp. 50-61 ◽  
Author(s):  
T. Medvedeva ◽  
A. Timofeev

The article analyzes legal aspects of institutes of corporate governance. Different draft laws "On Joint-Stock Companies" are considered which reflected interests of separate groups of participants of market relations. Stages of property redistribution are outlined. The advantages of the model of the open joint-stock company are formulated. Special attention is paid to the demand for legal institutes of corporate governance as well as to the process of accepting the Federal Law "On Entering Amendments to the Federal Law "On Joint-Stock Companies"" which was enacted in 2002. The article contains proposals directed at improvement of corporate legislation.


Author(s):  
Sangchoong Roh ◽  
Hongsik Jung ◽  
Youngwon Suh

As the world economy is becoming globalized, more domestic businesses are branching to overseas. Thereupon the number of expatriate workers who are getting assigned to overseas are increasing, and needs for systematic selection and training system for overseas expatriate workers are in dire needs. Nevertheless researches in this area are not enough and still inadequate level domestically. Therefore we developed the Global Competency Scale (GCS) with the purpose of the local businesses to use it to predict the possibility of successful overseas job performance and to select and train the right overseas expatriate workers. To develop the scale we conducted researches on documentations and interviews with former overseas expatriate workers and expatriate program managers in human resource department(HRD). Based on these results we developed 14 initial factors with 138 items. Using theses items we conducted both on & offline survey to people who work at global and multinational companies in Korea. With the 381 people's survey results, we implemented the cross validity. After cross validating we generated final 6 factors with 24 items. The GCS score we developed in this research shows that the degree of their goal achievement during past overseas experience and level of their satisfaction was significantly high in those criterion variables proving the criterion-related validity. Especially the GCS we developed in this research shows that after controlling the effect of English skills, still appear to have significant effect on criterion variables. Finally based on research results we discussed academical and operational implication and limitations for the further researches.


2019 ◽  
pp. 49-55 ◽  
Author(s):  
N. E. Belova ◽  
L. G. Vorona-Slivinskaya ◽  
E. V. Voskresenskaya

The presented study aims to examine the current state and development prospects of self-regulation in the Russian construction industry.Aim. The study aims to conduct a comprehensive analysis of the current state and development prospects of self-regulation as an institution of public administration, identify the problems of self-regulation in the construction industry, and formulate proposals on solving the identified problems.Tasks. The authors complete the following tasks to achieve the set aim: examine the regulatory framework of the activities of self-regulatory organizations in the construction industry — construction, design, and engineering surveying; analyze the current state and positive trends of self-regulation in the field of construction; identify problems in the activities of self-regulatory organizations in the construction industry — construction, design, and engineering surveying — and development prospects of the examined alternative to government regulation.Methods. The methodological basis of the study comprises the fundamental provisions of the modern economic theory, theories of public and municipal administration and legal sciences. The information base includes regulatory and legal acts of the Russian Federation on self-regulation in the construction industry, data from the State Register of Self-Regulatory Organizations, and statistics in the field of construction.Results. At the current stage of development of self-regulation in the construction industry, the most efficient mechanism for this institution involves guaranteed compensation for damage caused due to shortcomings in the works and services during construction, renovation, capital repairs of construction objects, engineering surveying, design. The victims should be compensated not out of insurance payments under civil insurance contracts, but rather out of the compensation funds of self-regulatory organizations.Conclusion. This study makes it possible to assess the institution of self-regulation in the construction industry — construction, design, and engineering surveying — as an efficient institution for proper protection of the interests of consumers of construction works and services and those of the government. 


Stanovnistvo ◽  
2001 ◽  
Vol 39 (1-4) ◽  
pp. 119-130 ◽  
Author(s):  
Hajrija Mujovic-Zornic

In this paper the author discusses the nature and importance of the right to reproduce, in particular the right to sterilisation. In the time past sterilization has been practiced only as a measure of penal policy or the prevention of mental health diseases. Today, mostly we can speak about the right to sterilization (especially reversible sterilization). The patient have a free choice to decide any method of contraception and that could be a voluntary sterilization (also called human, contraceptive, non-therapeutical in French law, and obliging in German law). Various legal questions about this right can be raised, in accordance of state of reproductive rights (how they are regulated by the law) and the protection of reproductive rights (especially the right of pregnant woman as a patient). Yugoslav law not yet has a complete regulation and adequate solutions in this area, except the abortion law. The primary gynecology care has contraceptive counseling, but concrete measures and education are insufficient. It cannot begin to give consistent answers to all of these questions without a coherent conception of the right to reproduce, which is the primary duty of legal experts.


Author(s):  
Evan Osborne

Does humanity progress primarily through leaders organizing and directing followers, or through trial and error by individuals free to chart their own path? For most of human history ruling classes had the capacity and the desire to tightly regiment society, to the general detriment of progress. But beginning in the 1500s, Europeans developed a series of arguments for simply leaving well enough alone. First in the form of the scientific method, then in the form of free expression, and finally in the form of the continuously, spontaneously reordered free market, people began to accept that progress is hard, and requires that an immense number of mistakes be tolerated so that we may learn from them. This book tells the story of the development of these three ideas, and for the first time tells of the mutual influence among them. It outlines the rise, and dramatic triumph, of each of these self-regulating systems, followed by a surprising rise in skepticism, especially in the economic context. Such skepticism in the 20th century was frequently costly and sometimes catastrophic. Under the right conditions, which are more frequent than generally believed, self-regulating systems in which participants organize themselves are superior. We should accept their turbulence in exchange for the immense progress they generate.


2007 ◽  
Vol 14 (4) ◽  
pp. 313-319
Author(s):  
Benedikt Buchner

AbstractIndustry-sponsored medical education is a much disputed issue. So far, there has been no regulatory framework which provides clear and definite rules as to whether and under what circumstances the sponsorship of medical education is acceptable. State regulation does not exist, or confines itself to a very general principle. Professional regulation, even though applied frequently, is rather vague and indefinite, raising the general question as to whether self-regulation is the right approach at all. Certainly, self-regulation by industry cannot and should not replace other regulatory approaches. Ultimately, advertising law in general and the European Directive 2001/83/EC specifically, might be a good starting point in providing legal certainty and ensuring the independence of medical education. Swiss advertising law illustrates how the principles of the European Directive could be implemented clearly and unambiguously.


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