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News digest for engineers for February 2020

The national standard DSTU B B.2.8-31: 2009 has been abolished

On January 28, 2020, the national standardization body of UkrNDNC issued Order Ц14, which repealed the national standard DSTU B B.2.8-31: 2009 Construction machinery, equipment, inventory and tools. Semi-automatic clamps for tension of armature of reinforced concrete designs. Technical conditions (GOST 23117-91, MOD).

The specified national standard ceased to be valid on 01.02.2020.

Lawyer's comment:

As a new standard has not been adopted to replace the repealed standard, manufacturers can now use this repealed standard as ordinary instructions, rules, etc., but it is not valid and is not recognized by the national standardization body.

The list of current and invalid national standards is posted on the official website of UkrNDNC.

The Ministry of Regional Development has published a draft law designed to introduce automation of the provision of administrative services in construction for objects of the impact class (CC2 and CC3)

31.01.2020 The Ministry of Development of Communities and Territories of Ukraine (Ministry of Regional Development) has published a draft Law of Ukraine "On Amendments to the Law of Ukraine" On Regulation of Urban Development "to introduce automatic inclusion in the Register of construction documents that are the basis for commissioning an object that according to the class of consequences (responsibility) belongs to objects with medium (CC2) or significant (CC3) consequences ”.

According to the explanatory note to the draft, the purpose of adopting the draft Law is:

  • introduction of automatic inclusion in the Register of construction activity of documents which are the basis for acceptance in operation of the object completed by construction which on a class of consequences (responsibility) belongs to objects with average (CC2) or considerable (CC3) consequences;
  • reduction of terms of registration of the declaration on readiness of object for operation;
  • mutual coordination of the current norms of the Law of Ukraine "On regulation of urban planning activities".

Therefore, the project proposes to reduce the registration period of the declaration of readiness for operation from 10 to 5 working days.

The project also provides mandatory photo and video recording of the inspection process completed by the construction of the official who carried out the inspection, and their upload to the Register of construction activities.

In addition, the project provides for the automatic inclusion in the Register of construction activities of documents that are the basis for the commissioning of the completed facility, which according to the class of consequences belongs to facilities with medium (CC2) or significant (CC3) consequences, by creating in real time by means of the software of the Register of construction activity of the certificate of acceptance in operation of the object completed by construction with assignment of registration number in this register and publication of this information on the portal of electronic system.

In case of adoption of the project, it enters into force on 01.01.2021, but not earlier than the day of its official publication.

Lawyer's comment:

The list of changes proposed by the project is not exhaustive, so if your company is building facilities that according to the class of consequences belongs to the objects with medium (CC2) or significant (CC3) consequences, we recommend to get acquainted in more detail with the proposed changes and monitor the adoption of this bill.

The Cabinet of Ministers has approved the criteria for assessing the degree of risk from business activities for the calibration of measuring equipment

12.02.2020 The Cabinet of Ministers of Ukraine issued Resolution №82, which approved the Criteria for assessing the degree of risk from the implementation of authorized scientific metrological centers, state enterprises belonging to the central executive body implementing state policy in the field of metrology and metrological activities , and carry out metrological activities, calibration laboratories of economic activity for calibration of legally regulated measuring instruments in operation, and determine the frequency of planned measures of state supervision (control) by the Ministry of Economic Development, Trade and Agriculture.

The resolution will come into force on 03.07.2020.

According to №82, the degree of risk will be assessed according to the following criteria:

  • term of economic activity on verification of measuring equipment;
  • there are violations of the legislation on metrology and metrological activities.

The resolution establishes the degree of risk depending on the amount of points awarded for all criteria:

  • from 41 to 100 points - a high degree of risk;
  • from 21 to 40 points - the average degree of risk;
  • from 0 to 20 points - a small degree of risk.

The degree of risk depends on the frequency of supervision (control) in the field of calibration of measuring equipment, namely:

  • high degree of risk - not more often than once in two years;
  • average degree of risk - not more often than once in three years;
  • insignificant degree of risk - not more often than once in five years.

Points will be awarded as follows:

  • According to the criterion of the term of activity in the field of calibration of measuring equipment:
  • up to five years inclusive - 21 points;
  • from five to 10 years inclusive - 15 points;
  • more than 10 years - 10 points.
  • According to the criterion of existing violations of the legislation on metrology and metrological activity:
  • existing violations of the requirements of the legislation on metrology and metrological activity - 41 points;
  • there are violations of non-compliance of authorized organizations with the criteria they must meet - 31 points.

Lawyer's comment:

Resolution №82 criteria and degrees of risk on which depends the frequency of supervision (control) in the field of calibration of measuring equipment. You can determine your own degree of risk and frequency of inspections, counting the number of points for all criteria.

Amendments have been made to the procedure for issuing, reissuing and revoking a certificate on the authorization to verify the measuring equipment

The Cabinet of Ministers of Ukraine by Resolution of 12.02.2020 № 83 amended the Resolution of the Cabinet of Ministers of Ukraine of February 24, 2016 № 117 , which are in operation and are used in the field of legally regulated metrology, and the establishment of the amount of the fee for the issuance of a certificate of authorization, its re-issuance and issuance of a duplicate.

These changes are due to the need to bring the Procedure for issuing certificates of authority in accordance with the Law of Ukraine № 2740-VIII "On Amendments to Certain Legislative Acts of Ukraine on the Implementation of European Union Legislation in the Field of Technical Regulation", which was adopted in July 2019. Amendments made by this Law to the Law "On Metrology and Metrological Activity" will come into force on 03.07.2020. The mentioned resolution of the Cabinet of Ministers will come into force on this day. These changes are caused by the need to bring the Procedure for issuing certificates of authorization in line with the provisions of the Law of Ukraine № 2740-VIII "On Amendments to Certain Legislative Acts of Ukraine which was adopted in July 2019. Amendments made by this Law to the Law "On Metrology and Metrological Activity" will come into force on 03.07.2020. This resolution of the Cabinet of Ministers will also come into force on this day.

From now on, a new procedure for issuing certificates of authority:

  • provides for the possibility of submitting documents and obtaining a certificate through the Unified State Web Portal of electronic services;
  • brings in accordance with the law the list of documents that must be submitted to the application for the issuance of a certificate of authorization. The list of such documents will be provided by the third part of Article 18 of the Law of Ukraine "On Metrology and Metrological Activity" in the wording that will enter into force on 03.07.2020. The application will need to add:
  1. passport of the calibration laboratory of the applicant or its separate subdivision, which will perform calibration works of legally regulated measuring equipment, approved by the head of the applicant;
  2. a draft scope of the applicant's authorization to carry out verification of legally regulated measuring equipment, which must contain information on the categories of legally regulated measuring equipment in operation and their metrological characteristics, signed by the applicant's manager. If the applicant is a member of the enterprise or organization as a separate unit, the draft scope of authority is signed by the head of the enterprise or organization;
  3. a copy of the contract for the use of the premises (lease of the premises), concluded for at least five years, certified by the applicant (if the applicant does not have its own premises necessary to verify legally regulated measuring equipment in accordance with the declared scope of authority);
  4. payment document (payment order, receipt) on payment of the fee for the issuance of a certificate of authorization with the mark of the bank, post office or transaction code (the amount of the fee will be determined in Article 18-1 of the Law of Ukraine "On Metrology and Metrology" in the edition that will come into force on 03.07.2020).
  • increases the term for consideration of the submitted application from 60 to 80 working days;
  • regulates the procedure for submitting applications for revocation of the certificate and the procedure for sending applicants a notice of refusal to issue a certificate of authorization.

Lawyer's comment:

Amendments to the Resolution of the Cabinet of Ministers №117 are a technical supplement to the amendments made by Law № 2740-VIII to the Law of Ukraine “On Metrology and Metrological Activity”. Therefore, if you plan to receive a certificate of authorization after 03.07.2020, then read the new procedure.

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