Law 5655: construction stranglehold scheme
Here's how you can create a cartel that determines the amount of bribes at a construction site market during the “Great Recovery”, Our Money writes.
Law 5655 provides that control over construction is transferred from the state to private companies (see the analysis of corruption risks in the article “Shulyak touched Zelensky’s red line”). These firms will check the compliance of construction projects with various norms and regulations. In fact, instead of the state, they will determine which projects in Ukraine will be implemented, and which of the developers should leave the market.
But not all companies will be able to become market participants. These firms will need to have certified technical supervision engineers, consultants of a certain category. In turn, self-regulatory organizations (SROs) are engaged in certification of engineers:
- Association of Construction Industry Professionals. The Association was one of the first in Ukraine to receive the status of a self-regulatory organization (Order of the Ministry of Regional Development No. 217 dated August 06, 2014) and was included in the State Register of Self-Regulatory Organizations in the field of architectural activity. And by order of the Ministry of Regional Development of June 16, 2015 No. 138, the Association delegated the authority to conduct professional certification of experts.
- Guild of Engineers for technical supervision of the construction of architectural objects. Registered as an SRO by order of the Ministry of Regional Construction No. 2018 dated August 6, 2014. By another order of the Ministry of June 16, 2015 No. 136, the Guild was delegated the authority to conduct professional certification of technical supervision engineers and issue relevant qualification certificates.
- Guild of designers in construction. In connection with the receipt of authority to conduct professional certification of design engineers, the board of the all-Ukrainian public organization “Guild of Designers in Construction” on August 7, 2015 decided to form the Certification Architectural and Construction Commission of the VUGiP.
From the decision of these organizations for issuing certificates to engineers will depend on who will be admitted to the construction control market. These organizations are registered as self-regulatory organizations and received the authority to certify engineers in 2014-2015, when Deputy Minister of Development and Construction Dmitry Isaenko, the current secretary of parliamentary urban planning, includes the Restoration of Ukraine group of former representatives of the Opposition Platform for Life.
Law 5655: Construction choke diagram
Isaenko and the leaders of the above guilds since 2016 have been co-owners of two patents for the Advanced Training Program “Preparation for professional certification of responsible performers of certain types of work (services) related to the creation of architectural objects” (Author's certificates No. 63527 and No. 63527). In this list, almost all persons are connected by joint years of work in the Ministry of Defense, the Ministry of Regiostroy, the Interregional Academy of Personnel Management (IAPM):
- Isaenko Dmitry Valeryevich, Secretary of the Urban Planning Committee of the Verkhovna Rada, a member of which is also the chairman of the party “Servant of the People” Elena Shulyak. Born in Belarus, studied in Russia – at a military school in Leningrad. With the collapse of the USSR, he remained to serve in Sevastopol. Until 2007, he worked in the Ministry of Defense in construction positions. Then he moved to the Ministry of Regional Development and until 2015 worked as a Deputy Minister. He was fired from here due to the illegal acquisition of the status of an ATO participant (he spent several days near the front). After that, Isaenko became vice-president of the Confederation of Builders of Ukraine and was elected a people's deputy from the now banned party Opposition Platform for Life (bio).
- Anatoliy Vsevolodovich Berkuta, Vice-President of the Confederation of Builders of Ukraine (together with Isaenko, he was appointed in 2015) . In 2007, he was Deputy Minister of the Ministry of Regional Development. In 1998, he was in the SDPU(o) of Viktor Medvedchuk, the natives of which founded the Opposition Platform for Life (bio).
- Nepomnyashchiy Alexander Mikhailovich organizes legal support for the activities of the Guild of Designers in construction. Head of the Interstate Guild of Consulting Engineers. Professor of the Department of Administration of MAUP. Professor of the Department of Computer Technologies for the Construction and Reconstruction of Airports of the National Aviation University. Until 2007, together with Isaenko, he worked in construction positions in the Ministry of Defense, then until 2015 he worked in the Ministry of Regional Development (bio).
- Rights Yuri Grigorievich, President of the “Guild of Engineers for Technical Supervision of the Construction of Architectural Objects” of the State Institute of Engineering and Technology. Vice-President of the Public Union Interstate Guild of Consulting Engineers, Professor of the Department of Public Administration of IAPM, is a member of the Scientific School of Risk Management in the Construction and Operation of Real Estate Objects under the leadership of Alexander Nepomnyashchiy. In 2003, he worked as Deputy Head of the Department of Capital Construction of the Ministry of Defense, in 2014 he was an adviser to the Minister of the Ministry of Regional Development (bio).
- Berkuta Anatoly Vsevolodovich, Vice-President of the Confederation of Builders of Ukraine (together with Isaenko appointed in 2015). In 2007, he was Deputy Minister of the Ministry of Regional Development. In 1998, he was in the SDPU(o) of Viktor Medvedchuk, whose natives founded the Opposition Platform for Life (bio).
- Alexander Mikhailovich Nepomnyashchy organizes legal support for the activities of the Guild of Designers in construction. Head of the Interstate Guild of Consulting Engineers. Professor of the Department of Administration of MAUP.
- Professor of the Department of Computer Technologies for the Construction and Reconstruction of Airports of the National Aviation University. Until 2007, together with Isaenko, he worked in construction positions in the Ministry of Defense, then until 2015 he worked in the Ministry of Regional Development.
- Rights Yuri Grigorievich, President of the Guild of Engineers for Technical Supervision of the Construction of Architectural Objects, State Institute of Engineering and Technology. Vice-President of the Public Union Interstate Guild of Consulting Engineers, Professor of the Department of Public Administration of IAPM, is a member of the Scientific School of Risk Management in the Construction and Operation of Real Estate Objects under the leadership of Alexander Nepomnyashchiy. In 2003, he worked as deputy head of the Capital Construction Department of the Ministry of Defense, in 2014 he was an adviser to the minister of the Ministry of Reginostroy.
- Anatoly Antonovich Necheporchuk, head of the attestation commission of the Guild of Technical Supervision Engineers. Until 2009, he worked with Isaenko at the Ministry of Regional Development.
- Vlasenko Igor Nikolaevich, head of the board of the Association of Construction Industry Experts (bio). In 2009, he was a lawyer for the Trade Union of Workers of Youth Residential Complexes and, together with Nepomniachtchi, was a member of a working group chaired by Isaenko. The same group included Natalya Kozlovskaya, the current Deputy Minister of Regional Development.
- Ruban Yuri Yakovlevich, President of the Guild of Designers in Construction, coordinates the work of the Attestation Architectural and Construction Commission of the VUGiP.
- Spitsky Oleg Nikolaevich, Vice-President of the Guild of Engineers of the Institute of Engineering and Technology, was the head of the “Interstate Guild of Consulting Engineers”. He worked in the UKS of the Ministry of Defense and the Ministry of Regional Construction (bio).
- Sergey Grigoryevich Buravchenko, Vice President of the National Union of Architects of Ukraine, Professor of the Department of Architecture of the National Aviation University.
- Oksana Valerievna Medvedchuk, Head of the Department of Regulatory methodological support and project management of the Interstate Guild of Consulting Engineers, Associate Professor of the Department of Public Administration of IAPM.
- Glukhov Vadim Alekseevich, Director of the Department for the Development of Industrial Construction and Production of Building Materials of the Ministry of Regional Development.
- Shostak Svetlana Nikolaevna, Postgraduate Student of the Department of Public Administration of MAUP.
- Radish Korneliya Vladislavovna heads the subsidiary “Institute for Problems of Technical Reliability” structures of the Academy of Civil Engineering of Ukraine “IPR”.
In fact, all this looks like a symbiosis of two schemes: a tender chamber with patented certification technologies and the state's refusal to control the construction market. The beneficiaries will be those who will control the “bottleneck” of approvals from the “private SACI”. And here are two main risks:
– the removal of government officials from responsible control over the construction market on the eve of the “Great Recovery”;
– the creation of a cartel of “private GASI” that will be de facto controlled curators of the market, and it is they who will set the rules of the game and the amount of bribes.
Yuri Nikolov, Skelet.Info
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