scholarly journals APPLICABLE NORMATIVE DOCUMENTS WHICH REGULATE CONSTRUCTION WORK AT THE PRESENT STAGE

2019 ◽  
Vol 20 (2) ◽  
pp. 455-469
Author(s):  
L. Puqacheva ◽  
L. Kirillova ◽  
R. Kucherenko

   One of the tasks of construction and technical expertise is the definition of technical Possibility of distributing a dwelling house to isolated apartments with separate exits to the land, including the possibility of turning the allocated part of the house into an isolated apartment (premises) by carrying out the necessary construction work on renonstruction, re-planning, re-equipment in accordance with the applicable normative documents. At the same time, questions arise regarding the granting of permits and the procedure for such worksand the order of their execution. The basic requirements of the legislative and normative acts in the field of construction that regulate the execution of construction works, the reconstruction, redevelopment, re-equipment and obtaining the necessary permits for the implementation of the refurbishments proposed by experts in the variants of the distribution of buildings and structures of individual developers between co-owners in accordance with the ideal shares of each and when determining the order of using the premises. Thus, in accordance with the Resolution of the Cabinet of Ministers of Ukraine of April 13, 2011 № 466 «Some questions of the implementation of preparatory and construction works», to the provisions of the Law of Ukraine «On Architectural Activities», the Law of Ukraine «On Regulation of Urban Development» (Article 34), the Law of Ukraine № 1817-19 of June 10, 2017 «On Amendments to Certain Legislative Acts of Ukraine Concerning the Improvement of Urban Development Activities» to perform the conversion is possible after the submission by the customer of a notice on the commencement of the execution of civil works State Architecture no-construction inspection or territorial authority at the location of the construction. The provisions of the legislative acts concerning obtaining permits during the conversion of individual dwelling houses, which must be carried out at their distribution for the implementation of the proposed distribution verses, are indicated in the article. They can be used by experts in conducting appraisals on the distribution of residential buildings, which are possible only with the necessary adjustments.

Author(s):  
Rizki Indra Permana ◽  

In business development of the principal company many face problems in activities related to the management of its business so that it requires a business network in marketing its products. The creation of multi-level marketing distribution network regulated in Indonesian trade ministerial regulation No.66 of 2019. In the distribution of the principal's property until it reaches the hands of the consumer there is a tiered agreement that is the standard agreement that causes imbalance in the agreement triggered by the absence of clear regulations governing the provision and only based on the principle of freedom of contract Article 1320 KUHPer. The creation of this unnamed agreement (Inomminat) underlies the creation of a standard or standard agreement, with the reason of facilitating the principal in its distribution practices. Because this imbalance can cause legal problems, such as unilateral business termination experienced in the network of distribution of Gas ELPIJI agents to sub agents or others. The legal vacuum is far from the ideal of the law which essentially provides equality in the definition of fairness in the eyes of the law. The research uses Normative Juridical Method that emphasizes the theory of Legal Protection and Legal Certainty approach legislation (Statute Approach) and Case Approach ( Case Approach).


2008 ◽  
Vol 32 (4) ◽  
pp. 248-257 ◽  
Author(s):  
Eugenijus Staniūnas

The word “public“ has two meanings in the Lithuanian language. It means “useful for society“ and “overt“ (“nonsecret“). Double-edged meaning of the category is not acceptable in the sphere of practical urban development, where decisions mean the distribution of goods among individuals as well as the distribution of goods among individuals and overall. In general it is not clear whether the development of the city should be only overt or whether it has also something to do with the interest of society, with the interest of the entire population of the city. The language peculiarities require a special approach of the legal system to the term. The Lithuanian legal system makes not very much in this direction, may be rather on the contrary it makes the term “public interest“ even more misty. The Lithuanian Constitution mentions societal interest (requires to support useful for society economic activity), however, neither the Constitution nor the Law on Territory Planning describe what the category “society use“ (societal interest) means. The Law does not see the diference a person and the entirety of city population. It says that the term “public“ (“society“) means one as well as more natural or legal persons. This situation has many sequences: the main question of the social system of the state is not clear; the basis of the mission of urban planning is not clear too; the principle of distribution of goods in urban development is not declared; the question of a legal goods distribution can hardly even be raised. The idea of a more precise legal definition of the term “public interest“ is raised in the paper. The author thinks that the formula “public goods are goods that cannot be produced by an individual“ can be a good basis for elaborating a legal definition of the category “public interest“. It allows to divide clearly and logically overall and individual goods. It allows to see what concrete development proposals are useful for. It allows to show the logical place of urban planning in general: public interest in urban development should be the production of goods that cannot be produced by separate citizens; this production should also be accepted as the mission of urban planning. Santrauka Nagrinėjamas viešojo (visuomenės) intereso apibrėžimo ir jo sąsajų su teritorine plėtra klausimas. Apie visuomenės interesus užsiminta Lietuvos Konstitucijoje, tačiau kas tai yra konkrečiau, Lietuvos įstatymuose nepaaiškinta. Neapibrėžus šios kategorijos, praktiškai neįmanoma išspręsti esminio valstybei – jos socialinės sistemos klausimo, t. y. konkretizuoti visuomenės ir individo santykių principo (nors jis apytikriai ir paaiškintas pagrindiniame šalies įstatyme). Rezultatas yra tas, kad gyvenimo praktikoje (taip pat ir teritorinėje plėtroje) realizuojama galbūt nuo Konstitucijos atitrūkusi ir nežinia kokia valstybės idėja. Straipsnyje siūloma šią spragą užpildyti ir analizuojama, kaip tai būtų galima padaryti.


2019 ◽  
Vol 65 (3) ◽  
pp. 113-126
Author(s):  
A. Sobotka ◽  
A. Radziejowska

AbstractConstruction work on buildings covered by the revitalization program of historic urban development represents a special type of construction project in which, in the execution phase, difficult technical situations and other risk sources are being encountered. An important source of risk is the necessity to preserve a part of the historic substance, which results, among others, from the recommendations of the conservator, legal regulations or from the vision of the architect/investor. The risk is also associated with difficulties and complications in construction works resulting from the location of these objects in dense urban development. The aim of the article is to identify risk factors and reactions of contractors, i.e. applied risk management methods and techniques, based on the example of a complex of buildings constructed in the historic district of Krakow. The elimination of sources of risk, especially of a technical nature, requires the construction management to be highly skilled and experienced, to carefully prepare the construction work and to design additional solutions to ensure safety at work. The experience gained may serve as a basis for risk analysis and identification during the implementation of projects involving the use of an existing building and historic substance in areas subject to revitalization programs.


2018 ◽  
Vol 18 ◽  
pp. 419-428
Author(s):  
L. F. Pugacheva ◽  
L. I. Kyrylova ◽  
S. A. Kyrylenko

The article analyzes provisions contained in normative documents regulating the process of cost determination for design and exploration works. Methodological approaches to the cost determination of design documentation development and peculiarities making up estimates for determining the cost of exploration works are considered. List of documents is determined, this list should be investigated during carrying out of construction technical examinations for determining the cost of design and exploration works. At present, the definition of the cost of design and exploration works in territory of Ukraine is regulated by the requirements of the National Standard DSTU B D.1.1-7:2013 "Rules for determining the cost of design and exploration works and examination of design documentation for construction" which put into operation from 01.01.2014. From 01.01.2016 Change # 1 to this DSTU acts, from 01.09.2016, Changes # 2 put into operation. The Law of Ukraine from 17.01.2017 # 1817 "On Propose an Amendments to Some Legislative Acts of Ukraine Concerning the Improvement of Urban Planning Activities", takes effect from 10.06.2017, the complexity categories of construction objects was canceled. According to this law the consequences (responsibility) class is determined for each object. In this connection, in the documents regulating the procedure for determining the cost of design documentation development will be make changes to bring them into accord with the current legislation. At present, it is advisable to use the recommendations contained in the letter of the Ministry of Regional Development of Ukraine from 09.06.2017 # 7/15-6135, before making amendments. The consequences (responsibility) class of the construction object is determined on the basis of the Law of Ukraine "On the Regulation of Urban Planning Activities" (Art. 32), the provisions of the DBN V.1.2-14-2009 "General principles of ensuring the reliability and constructive safety of buildings, constructions, building structures and foundations" and DSTU-N B V.1.2-16:2013 "Determination of consequences (responsibility) class and the complexity category of construction objects" until the development of new DSTU.


Author(s):  
Olha Dorosh ◽  
Iryna Kupriyanchik ◽  
Denys Melnyk

The land and town planning legislation concerning the planning of land use development within the united territorial communities (UTC) is considered. It is found that legislative norms need to be finalized. The necessity of updating the existing land management documentation developed prior to the adoption of the Law of Ukraine "On Land Management" and changes in the structure of urban development in connection with the adoption of the Law of Ukraine "On Regulation of Urban Development" was proved as they do not ensure the integrity of the planning process within the territories of these communities through their institutional incapacity (proved by the example of the Palan Unified Territorial Community of the Uman district of the Cherkasy region). The priority of land management and urban planning documents as the most influential tools in planning the development of land use systems in UTC is scientifically grounded and their interdependence established.


Author(s):  
Simon Deakin ◽  
David Gindis ◽  
Geoffrey M. Hodgson

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.


Legal Studies ◽  
1993 ◽  
Vol 13 (3) ◽  
pp. 308-322
Author(s):  
Mitchell C. Davies

The objectives of the Criminal Law Revision Committee when drafting the radical reforms proposed by the 1966 Theft Bill were described by a contemporary commentator2 as being: ‘. . . to do away with the more embarrassing and restrictive technicalities of the existing law . . .’In the same place it was observed that the Committee faced a choice between creating a specific definition of the various theft offences and their elements, or one whose generality would allow it to evolve to meet the challenges presented by ever more complex and sophisticated dishonest dealing.


Author(s):  
Gaël Le Bris

The aviation community has faced several accidents and incidents on infrastructures and procedures temporarily modified for the purpose of construction works. The analysis of these events shows that usual means of communication to the air crews are the weak link of the safety chain. To address the key challenge of situational awareness during construction works, the Airport Construction Advisory Council of FAA and Paris–Charles de Gaulle Airport (Paris-CDG) developed and evaluated with the airfield community, from 2011 to 2016, an innovative aviation signage. Parallel and complementary studies in human factors led to the definition of specifications for a temporary information signage, also called orange construction sign. Paris-CDG focused on the development of specific messages for each one of the major hazards that could require an increased situational awareness of the air crews during taxiing and takeoff. The results of the evaluation conducted by FAA were published in September 2015. The purpose of this paper is to present the parallel study performed by the author at Paris-CDG with the coalition of the airside operations stakeholders. Both research projects are convergent and confirm the relevance of the orange sign concept for increasing the situational awareness and preventing safety events during airfield construction.


1984 ◽  
Vol 49 (1) ◽  
pp. 47-50 ◽  
Author(s):  
Frederic B. Fitch

In [3] a definition of negation was presented for the system K′ of extended basic logic [1], but it has since been shown by Peter Päppinghaus (personal communication) that this definition fails to give rise to the law of double negation as I claimed it did. The purpose of this note is to revise this defective definition in such a way that it clearly does give rise to the law of double negation, as well as to the other negation rules of K′.Although Päppinghaus's original letter to me was dated September 19, 1972, the matter has remained unresolved all this time. Only recently have I seen that there is a simple way to correct the definition. I am of course very grateful to Päppinghaus for pointing out my error in claiming to be able to derive the rule of double negation from the original form of the definition.The corrected definition will, as before, use fixed-point operators to give the effect of the required kind of transfinite induction, but this time a double transfinite induction will be used, somewhat like the double transfinite induction used in [5] to define simultaneously the theorems and antitheorems of system CΓ.


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