Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
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Vol. 40, Nº 73 (2022), 151-171
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Legal regulation of the institute of
control in the eld of housing construction
in the conditions of armed aggression of
the Russian Federation
DOI: https://doi.org/10.46398/cuestpol.4073.07
Volodymyr Buha *
Oleksii Iakubin **
Tamara Mazur ***
Kristina Rezvorovich ****
Nina Daraganova *****
Abstract
Housing and social infrastructure have suered signicant
damage during the Russian armed aggression, and it needs to be
restored in a short time. So, the aim of the study was to analyses
the legal background for construction control and determine its
importance for the development of the construction industry. The chosen
topic was comprehensively studied through empirical and theoretical
methods of scientic knowledge, as well as the comparative analysis. The
legal basis of control in the eld of housing construction in the conditions
of armed aggression is determined. It is established that сconstruction
control is exercised by inspecting construction sites, issuing construction
permits, conducting examinations of construction projects for compliance
with building codes, rules and standards, and identifying violations of
construction legislation in order to eliminate them. The mechanism of legal
regulation of construction control consists of construction and legal rules
that ensure control in the construction industry; subjects of architectural
* PhD in Law, Associate Professor at the Faculty №4, Donetsk State University of Internal Aairs,
25000, Kropyvnytskyi, Ukraine. ORCID ID: https://orcid.org/0000-0002-0655-5256
** PhD in Political Sciences, Senior Lecturer at the Department of Sociology, Faculty of Sociology and
Law, National Technical University of Ukraine “Igor Sikorsky Kyiv Polytechnic Institute”, 03056, Kyiv,
Ukraine. ORCID ID: https://orcid.org/0000-0002-8898-4563
*** Doctor of Juridical Sciences, Associate Professor at the Department of Public Management and
Administration, National Academy of Internal Aairs, 03035, Kyiv, Ukraine. ORCID ID: https://orcid.
org/0000-0001-6220-5827
**** PhD of Juridical Sciences, Head of the Department of Civil Law and Procedure, Faculty of Training
Specialists for Criminal Police Units, Dnipropetrovsk State University of Internal Aairs, 49005,
Dnipro, Ukraine. ORCID ID: https://orcid.org/0000-0003-1183-613X
***** Doctor of Juridical Sciences, Associate Professor at the Department of Administrative, Financial and
Information Law, Faculty of International Trade and Law, State University of Trade and Economics/
Kyiv National University of Trade and Economics, 02156, Kyiv, Ukraine. ORCID ID: https://orcid.
org/0000-0002-1512-2938
152
Volodymyr Buha, Oleksii Iakubin, Tamara Mazur, Kristina Rezvorovich y Nina Daraganova
Legal regulation of the institute of control in the eld of housing construction in the conditions of
armed aggression of the Russian Federation
and construction control; construction control tools; the control procedure.
The prospect of further research is the organizational support of eective
control in the eld of housing construction in the context of the armed
aggression of the Russian Federation in order to restore the quality of
housing in Ukraine.
Keywords: construction control; construction industry; safety; standard;
rules.
Regulación legal del instituto de control en el campo
de la construcción de viviendas en las condiciones de
agresión armada de la Federación Rusa
Resumen
La vivienda y la infraestructura social han sufrido importantes daños
durante la agresión armada rusa, y es necesario restaurarla en poco tiempo.
Por lo tanto, el objetivo del estudio fue analizar el marco legal para el control
de la construcción y determinar su importancia para el desarrollo de la
industria de la construcción. El tema elegido fue estudiado integralmente
a través de métodos empíricos y teóricos del conocimiento cientíco,
así como del análisis comparativo. En las conclusiones se indica que, el
mecanismo de regulación jurídica del control de la construcción consiste
en normas constructivas y jurídicas que aseguran el control en la industria
de la construcción; materias de control arquitectónico y de la construcción;
herramientas de control de la construcción; el procedimiento de control.
La perspectiva de una mayor investigación es el apoyo organizacional del
control efectivo en el campo de la construcción de viviendas en el contexto
de la agresión armada de la Federación Rusa para restaurar la calidad de la
vivienda en Ucrania lo antes posible.
Palabras clave: control de la construcción; industria de la construcción;
seguridad; estándar; reglas.
Introduction
The issue of the need to create new residential and industrial buildings
to accommodate production facilities and housing workers and their
families became urgent as a result of the rapid development of the economy,
increasing consumption, improving welfare of the population and growing
population. The legal, organizational, institutional and nancial support
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CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 151-171
is required to solve such problems. Construction, as an object of legal
regulation, regulates various social relations, including private and public
legal relations. Government regulation of the construction sector is carried
out through the development, adoption and application of current building
legislation, building codes, standards and regulations.
The priority task of the government regulation of the construction
industry is the control and supervisory function of the state over the entities
operating in the construction market. The number of cases of violation of
construction legislation, rules and standards during construction is growing
along with the development of the construction industry. Consequently, the
protection of construction market participants requires an eective system
of government supervision of the construction sector. Quality control of
construction, which assesses the compliance of construction products with
the rules and regulations of the construction industry occupies an important
place in the system of legal measures aimed at improving safety and quality
of construction.
In a state governed by the rule of law, construction control is exercised
within clearly dened legal framework. The construction legislation is the
legal background of construction control. The aim of this legislation is to
regulate administrative relations during the organization and execution
of construction works, thus providing the possibility of government
inuence construction control bodies on the construction sites under
their jurisdiction. Therefore, the main point in the legal regulation of legal
relations of construction market participants is to regulate administrative
relations and determine the legal status of each participant in such relations,
which determines the topicality of this research.
The aim of this study is to determine the legal background for
construction control and determine its importance for the development
of the construction industry. The aim involved the following research
objectives:
- determine and describe European standards of the construction
industry in the context of ensuring the quality and safety of
construction facilities;
- consider the mechanism of the legal regulation of construction
control and describe its components;
- identify the main problems of construction control and suggest ways
to solve them.
154
Volodymyr Buha, Oleksii Iakubin, Tamara Mazur, Kristina Rezvorovich y Nina Daraganova
Legal regulation of the institute of control in the eld of housing construction in the conditions of
armed aggression of the Russian Federation
1. Literature Review
Many researchers studied the construction control and the main
problems of exercising it. Akimova et al. (2020) studied the legal tools of
construction control and their components. Lou and Xu (2017) covered
quality control of residential construction in the city and found that such
projects should be controlled in three stages: before construction, during
construction and after construction. Fatourehchi and Zarghami (2020)
considered the problems of construction supervision and noted that
the problems of construction supervision usually result from gaps in the
relationship between the participants in the construction process.
Binninger et al. (2017) examined the control of construction sites
in Germany, determined its eectiveness and appropriateness of
implementation in dierent countries. Ding et al. (2017) reviewed the
functioning of regional construction supervision and control systems in
China, and determined its dependence on the work of practical managing
engineers. Zhou (2019) and Mu (2020) revealed the content of the
substance of control over public construction from the perspective of the
China’s market economy.
Zhao et al. (2017) studied the eectiveness of government control of
construction, which is exercised through information and communication
technologies. Ciampa et al. (2019) and Rouhanizadeh and Kermanshachi
(2020) analysed the eectiveness of the use of unmanned aerial vehicles
and drones in construction inspections, and found that their use speeds up
the construction inspection process. Zhang and Arditi (2020) studied the
use of laser scanners during construction inspections and found out their
signicant eectiveness for construction inspections.
Akimova et al. (2020) analysed the substance of construction control
from the perspective of safety and quality of the construction site; from the
perspective of reducing the number of construction accidents and measures
to prevent them — Ravi et al. (2017) and Benny and Jaishree (2017); from
the perspective of labour protection and safety — Nnedinma (2017; 2017a).
Analysing the eectiveness of construction supervision, Khanzadi et al.
(2020) noted that compliance with quality, stages of construction and
reducing nancial costs for construction is the basis of supervision in the
construction sector.
Despite a rather wide range of research on this issue, the issues of the
development of legal mechanisms for the residential construction control
are not comprehensively covered, which determines the relevance of the
chosen research topic.
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Vol. 40 Nº 73 (2022): 151-171
2. Methods and Materials
The study was conducted in three stages. The rst stage involved the
search and study of scientic literature on construction law, scientic
works of researchers on government supervision of the construction
industry and construction control, provisions of international agreements
on construction, practice of the application of legal tools that regulate
construction control, as well as the analysis of statistics of the EU statistical
service — Eurostat — on the development of the construction industry
in the EU and the metrics on construction accidents. The analyses of the
indicated resources gave grounds for the formulation of the topic, aim and
objectives of the study.
The second stage involved a theoretical and experimental study of the
chosen topic by comparing their results and analysing the dierences.
Theoretical research allowed determining the substance of the mechanism of
legal regulation of the residential construction control from the perspective
of compliance with building codes and standards. Experimental research
based on international standards, legal principles of European construction
and labour protection, as well as the summary of their practical application,
as well as doctrinal analysis of scientic papers on problematic issues of
assessing the eectiveness of construction control of construction sites,
helped to full the research objectives and determine the importance of
construction control for the development of the construction industry.
The third stage involved the nal analysis for achieving the aim of the
research, and presentation of the research results.
The research topic was studied through the use of empirical and
theoretical methods. From the perspective of international legal support
of the construction industry and the importance of construction control
for the quality of constructed buildings, empirical knowledge reects the
substance of the object of study — the mechanism of legal regulation of
construction control.
Comparative analysis was used to analyse scientic, legal, statistical
and practical information on the components of the mechanism of legal
regulation of construction control. Theoretical knowledge of construction
and the means of its regulation reveals the subject of research from the
perspective of universal internal essential connections and regularities,
which are covered by rational processing of empirical data. The combination
of empirical and theoretical methods provides an empirical interpretation
of the theory and theoretical interpretation of empirical data, as well
as reveals the importance of construction control as an eective tool to
regulate the construction sector.
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Volodymyr Buha, Oleksii Iakubin, Tamara Mazur, Kristina Rezvorovich y Nina Daraganova
Legal regulation of the institute of control in the eld of housing construction in the conditions of
armed aggression of the Russian Federation
The research sample included such objects of research as: general
characteristics of construction activities and the means of their regulation,
analysis of construction control through the prism of improving the quality
of buildings and safety of the construction sector. Eurostat statistics on
the EU construction industry allowed determining the importance of
the eectiveness of construction control in the construction sector. The
combination of the study of these objects helped to reveal the problems of
supervision of the construction industry. The research was carried out on
the basis of information retrieval and scientometric databases.
The following international legal acts formed the background of the
study: Safety Provisions (Building) Convention, Safety and Health in
Construction Recommendation, International Building Code, Eurocodes,
Construction Products Regulation (EU) No. 305/2011, European legislation
governing safety and labour protection on the construction site, and
Eurostat statistics.
3. Results
Russia’s armed aggression in Ukraine has created the conditions
for a rapid response of society and the state to its consequences. Mass
destruction of infrastructure and housing stock of Ukraine needs immediate
restoration, so the Government of Ukraine issued a number of regulations
and amended existing ones, in particular: Amendments to the Procedure
for inspection of commissioned construction (Verkhovna Rada of Ukraine,
2022a); Amendments to the Procedure for approval of construction projects
and their examination (Verkhovna Rada of Ukraine, 2022d); Procedure
for carrying out urgent work to eliminate the consequences of the armed
aggression of the Russian Federation related to damage to buildings and
structures (Verkhovna Rada of Ukraine, 2022b); Procedure for dismantling
facilities damaged or destroyed as a result of emergencies, hostilities or
terrorist acts (Verkhovna Rada of Ukraine, 2022c); Methods of inspection
of buildings and structures damaged as a result of crises, hostilities and
terrorist acts (Ministry for Communities and Territories Development of
Ukraine, 2022c); Estimates of Ukraine “Guidelines for determining the
cost of work to assess the technical condition and operational suitability
of facilities” (Ministry for Communities and Territories Development of
Ukraine, 2022b); Rules of maintenance of residential buildings and adjacent
territories, approved by the order of the State Committee for Construction,
Architecture and Housing Policy of Ukraine (Verkhovna Rada of Ukraine,
2005).
Also, the government has developed a Clarication on xing the
destruction to eliminate the consequences of hostilities and restore the
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infrastructure of settlements in a state of war (Ministry for Communities
and Territories Development of Ukraine, 2022a).
Adopted bylaws allow making informed decisions on the restoration
of damaged objects or their dismantling under a simplied procedure,
including the procedure of examination of project documentation.
Development of projects for the restoration of damaged objects is possible
in a short time. Thus, the institute of control in the eld of housing
construction was partially changed for a specic category of buildings that
suered from the armed aggression of the Russian Federation in Ukraine.
The mechanism of legal regulation of control in the construction industry
consists of legal provisions of construction legislation and building codes,
standards and rules; entities that carry out architectural and construction
control; means of control of construction sites; the construction control
procedure.
Construction legislation is wide-ranging, which includes rules relating
to the general legal framework, the implementation of construction policy,
fundamental rights and responsibilities of all participants in the construction
process, requirements for the development, creation and construction
of real estate properties, control of construction sites, commissioning
procedure, liability for violations of building codes, etc. Many countries
(Australia, Germany, Canada, USA) and international organizations (EU,
the International Code Council) have codied construction legislation into
a single legal document — the Building Code — in order to regulate legal
relations in the construction industry.
Eurocodes are an EU-developed set of harmonized standards for the
calculation of load-bearing structures of buildings (European Commission,
n.d). This document contains ten separate standards (Eurocodes), which
set requirements for the calculation of building structures of dierent
materials. The International Building Code developed by the International
Code Council regulates the issues of labour protection and safety at the
construction site, based on regulatory building requirements and standards
(ICC Digital Codes, 2018). The aim of the provisions of the Code is to ensure
the quality and safety of construction works and reduce costs for construction
stages. This Code complies with quality control of construction projects by
mandatory use of standardized and certied construction materials and
equipment and compliance with the conditions of construction operations.
In addition to international documents and national legislation, the
system of construction legislation includes international levels and standards
of international organizations: standards of the International Organization
for Standardization (ISO), which determine uniform requirements for
quality of construction products, materials, equipment and construction
works, the provisions of the World Federation of Technical Assessment
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Volodymyr Buha, Oleksii Iakubin, Tamara Mazur, Kristina Rezvorovich y Nina Daraganova
Legal regulation of the institute of control in the eld of housing construction in the conditions of
armed aggression of the Russian Federation
Organisations (WFTAO), which sets the requirements for technical
regulation of the construction industry, FIDIC (International Federation of
Consulting Engineers) International Building Standards, which determine
the rules of construction works, etc.
The construction practice emphasizes the need to control and reduce the
risks associated with the creation and operation of the property. Ignoring
construction control and the failure to comply with the construction
rules and standards entails the creation of dangerous and inappropriate
construction sites and accidents during construction works. Approximately
3 million workplace accidents are reported in the EU each year, of which
65.6% are construction, transport and storage, manufacturing, agriculture,
forestry and sheries, and 44.3% are in other areas. According to Eurostat,
in 2018 the EU built 74.1% of small buildings, 12.9% of medium-sized
buildings, 13% of large buildings, with almost 20.5% of fatal accidents
occurred during construction on their construction sites. The construction
sector has the highest accident rates, which is almost 3.2-3.4 thousand
cases per year, compared to the transport sector (2.5-2.7 thousand cases
per year) and manufacturing (2.1-1.8 thousand cases per year). Figure 1
shows accident rates in these areas during 2012-2018 (Eurostat, n.d.).
Figure 1. The accident rates in construction, transport and
industry in the EU for 2012-2018.
Source: author’s own development based on (Eurostat, n.d.)
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In 1939, the International Labour Organization adopted the Safety
Provisions (Building) Convention in order to reduce the number of
injuries and the risk of accidents on construction sites (International
Labour Organization, 1937). The provisions of the Convention regulate
the activities of all types of operations on the construction site, including
the construction, repair, reconstruction, maintenance and demolition of
all types of buildings. This international document contains standardized
minimum safety measures and a set of standard safety rules, where the
control over their compliance is the basis of construction sector policy.
The provisions of the Safety and Health in Construction Recommendation
reveals the practical implementation of the set of standard safety
rules (International Labour Organization, 1988). According to the
Recommendation, all participating countries undertake to harmonize their
national construction legislation on labour protection by establishing
appropriate occupational health and safety measures that will ensure
the safety of workplaces. Compliance with such safety measures is the
employer’s and employees’ responsibility. The planning, preparation and
execution of construction stages must take into account:
- the risks that may arise during the construction because of the failure
to comply with safety rules;
- avoidance of excessive overload of employees, which can cause injury
or accident;
- organization of work on observance of safety and labour protection
regulations;
- use of harmless and high-quality materials;
- providing employees with appropriate means of protection.
According to the Recommendation, the provisions of national
construction legislation of the member states should provide for the
establishment of a competent body that will regulate the construction
sector, verify construction project documents and construction permits,
monitor compliance with building codes and standards, and prosecute
for non-compliance with construction legislation. A total of more than 60
Council of Europe directives have been adopted so far on occupational
health and safety, the system of which is presented in Figure 2.
According to the Regulation (EU) No. 305/2011 on construction
materials, construction works in general and parts thereof that must
be suitable for their intended use and must be safe for the users’ health
throughout the life cycle (Eur-lex, 2021). The safety of construction projects
is achieved through the quality of construction materials that comply with
the rules of this Regulation. The provisions of the Regulation establish not
only the conditions for entering the EU market of construction materials,
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Volodymyr Buha, Oleksii Iakubin, Tamara Mazur, Kristina Rezvorovich y Nina Daraganova
Legal regulation of the institute of control in the eld of housing construction in the conditions of
armed aggression of the Russian Federation
but also agreed rules for assessing the conformity of quality of construction
products, its main characteristics and the use of CE marking for such
products. The Regulation also establishes methods for assessing the
conformity of construction equipment and products.
During the construction control at the construction site, the construction
process is monitored and inspected for the functioning of the construction
projects under control, and assessed for its compliance with construction
requirements and standards, as well as the violations or deviations from
the specied parameters are detected. This government regulation of the
construction sector is realized by a specially authorized body. In many
countries, not only public authorities, but also private institutions and
insurance companies perform such oversight and supervisory functions.
They not only carry out architectural and construction control and
inspections, but also issue building permits. Table 1 shows the list of entities
that exercise construction control in dierent countries.
Figure 2. System of labour protection and safety regulations.
Source: author’s own development based on (Eur-lex, n.d.).
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Table 1. Institutional support for construction
control in some countries
Country Entities that exercise
control and supervision
over the construction
Authority of the entities
Austria,
Estonia,
Iceland,
Spain,
Norway,
Slovenia,
Croatia,
Czech Republic,
Sweden
Specialized public bodies and
special independent private
institutions or independent
private experts
Architectural and construc-
tion control
Great Britain Ministry of Housing, Commu-
nities and Local Government Regulation of the construction
sector policy, construction
control, approval of uniform
construction codes and regu-
lations
Building Regulations Adviso-
ry Committee;
Building Regulations and
Standards Department
Providing advice on the appli-
cation of building codes
Local authorities and inspec-
tors Architectural and construc-
tion control
Denmark Ministry of the Interior and
Housing Regulation of the construction
sector policy
Local authorities, National
Agency for Construction and
Housing
Architectural and construc-
tion control, issuance of build-
ing permits, verication of
compliance of construction
projects with building codes
Ireland Specialized government agen-
cies Architectural and construc-
tion control
Canada Canadian Commission on
Building and Fire Codes Technical regulation of con-
struction works, compliance
of the construction projects
with natural and climatic con-
ditions, Canadian building
traditions, building codes and
rules
Canadian Construction Mate-
rials Centre Architectural and construc-
tion control
Poland Ministry of Regional Develop-
ment
Regional Development Agen-
cies
Regulation of the construction
sector policy, attraction of in-
vestments in the construction
industry, verication of com-
pliance with the control of
construction projects
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Volodymyr Buha, Oleksii Iakubin, Tamara Mazur, Kristina Rezvorovich y Nina Daraganova
Legal regulation of the institute of control in the eld of housing construction in the conditions of
armed aggression of the Russian Federation
Romania Regional Development Agen-
cies Development of a regional
development strategy for the
construction industry
France Ministry of Construction,
Transport and Tourism Regulates the policy of the
construction industry, makes
forecasts and develops strate-
gies for the development of the
construction sector
Construction companies that
are members of the National
Federation of Public Works
and the National Federation
of Construction Companies
Issuance of building permits,
verication of compliance
with building legislation; tech-
nical regulation of construc-
tion works, etc.
National Centre for Construc-
tion Machinery Architectural and construc-
tion control
Insurance companies — con-
trollers
Source: authorship.
The construction permits are issued by the entities that exercise
architectural and construction control before the start of construction by
checking the compliance of the documents required for construction. At this
stage, the inspector identies inconsistencies in the submitted documents
and indicates them for elimination purposes. In 2020-2021, the Building
Permits Index in the EU averaged 128.8. The index of constructed buildings
during this period is much lower and amounted to 106.7.
Figure 3 shows quarterly values of these indices (Eurostat, n.d.). The
European Real Estate Index is calculated from the perspective of the number
of completed constructions, real estate pricing policy, cost of construction
materials and valuation of construction projects. The Building Permits
Index reects the indicators of permits issued by the relevant institutions
for the construction of only one-apartment houses and houses with two
or more apartments. These indices do not, however, take into account
indicators of social construction projects, such as homes for the elderly,
schools or kindergartens. These data give grounds for the conclusion
that the EU permitting system of the construction industry exceeds the
indicators of completed construction, which testies to the existence of a
legal mechanism for government regulation of the construction sector.
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Figure 3. Quarterly Building Permits Indices and the Real
Estate Indices in the EU in 2020-2021.
Source: author’s own development based on (Eurostat, n.d.)
The object of the construction control is the construction process
itself and closely related legal relations, and the subject is compliance
with building codes and standards. The latter include, in particular,
international and national standards during design and construction;
provisions of construction legislation; construction project design
documentation; labour protection and safety requirements; environmental
and sanitary requirements; licensing conditions and compliance with the
certication of construction materials and equipment; the regime of use
and development of land plot on which construction will be carried out;
compliance of construction works in accordance with the issued permits;
terms of construction stages and its completion.
4. Discussion
Control of construction projects establishes the quality of construction
structures by assessing the compliance of their characteristics with
construction legislation, as well as construction standards and requirements.
Ignoring the control and supervision of the construction process can lead
to violations of building codes, which can result in accidents, both during
construction and in the subsequent use of the building.
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Legal regulation of the institute of control in the eld of housing construction in the conditions of
armed aggression of the Russian Federation
According to Lou and Xu (2017), in order to establish an eective state
regulatory policy in the eld of construction, government supervision
of construction should be carried out not only upon completion of
construction, but in three stages: before construction, during construction
and after constructio. Binninger et al. (2017) noted that the eectiveness of
government supervision over construction sites should be achieved through
the control and inspection of those sites. According to Onaiwu (2020),
the clearly regulated legal mechanism for compliance with building codes
will create favourable conditions for the development of the construction
industry and the economy as a whole.
Zhao et al. (2017) and Zeng et al. (2022) emphasized that the real-time
control over the construction stages can also be eective. Online inspection
of the remote construction site helps to improve the management of the
construction process and eliminate shortcomings in the construction stages.
According to Ciampa et al. (2019) and Rouhanizadeh and Kermanshachi
(2020) the use of unmanned aerial vehicles and drones during construction
inspections helps to speed up the inspection procedure. These researchers
state, however, that their use should be clearly regulated. With their low
cost, eciency, ability to inspect the construction site in real time, these
technological tools can not only indicate problems and shortcomings during
the inspection of the construction site, but also to carry out construction
inspections of high-rise buildings, in remote areas or other complex cases.
Kim et al. (2020) also considers the use of unmanned aerial vehicles
in construction control to be eective. In their opinion, these tools help to
technically implement government regulation of construction by constantly
monitoring the construction process, its stages, quality and safety of work.
In aggregate, this will improve the quality and safety of the construction
object. As Zhang and Arditi (2020) noted, the use of laser scanners
during construction control signicantly speeds up the inspection of the
construction stages.
According to Piasny and Pasławski (2015), modern approaches to
construction control do not reect a comprehensive approach to the
development of uniform requirements for the scope and level of construction
control, which will ensure proper assessment of quality and safety of the
construction project. Vesela and Synek (2019) and Mu (2020) state that
the mission of construction control is ensuring quality in construction, as
quality is the basis for calculating the preparatory, production and evaluation
procedures and stages of construction. Khanzadi et al. (2020) believe that
quality, strict compliance with the progress of construction and reduction
of nancial costs for construction is the main objective of supervision in
the construction industry. Ravi et al. (2017) and Benny and Jaishree (2017)
maintain that construction control should help to reduce the number of
construction accidents and develop clear preventive measures. Nnedinma
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(2017; 2017a) contend that monitoring compliance with labour protection
and safety regulations should be the main objective of construction control.
Ding et al. (2017) studied the eectiveness of regional construction
supervision and control systems in China, nding that practical managing
engineers who supervise construction design and life cycle cost of the
construction project is the current priority in the construction control
system. The competitiveness of the construction project is assessed based
on the results of their work, thus allowing the developer to enter the market
with this project and maintain competitive advantages.
According to Zhou (2019), the quality of engineering works on
construction sites can be approved through construction control.
Government supervision of construction should be implemented through
inspections of compliance with construction standards, construction
progress and construction stages. Actual methods of construction control
allow analysing the current scheme of construction management at a
particular site, identify its gaps, and suggest ways to solve them.
Akimova et al. (2020) and Piasny and Pasławski (2015) explored the legal
means of exercising construction control and found that self-regulation of
licensed organizations is a component of government regulation. Although
these organizations are engaged in civil law relations and issue construction
permits, certicates, inspect construction technical regulations, etc., their
powers are administrative.
Compliance with building standards, quality and safety is the basis of
the construction industry (O’Brien et al., 2020). According to Fatourehchi
and Zarghami (2020), the main problems of construction supervision are
related to the imperfection of the relationship between the participants in
the construction process, compliance with quality standards and deadlines
for investment construction projects. As Zeng et al. (2022) noted, barriers
to construction control are the imperfection of the regulatory framework
governing compliance with standards and codes of the construction
industry and the powers of inspectors of construction control.
The theoretical analysis of the problems of construction control and its
eectiveness from the perspective of compliance with safety and quality
of construction objects showed that researchers consider it reasonable to
further study residential construction control from the perspective of its legal
regulation, eective recommendations for the practical implementation of
the legal regulation, which would adjust the development of the construction
industry.
166
Volodymyr Buha, Oleksii Iakubin, Tamara Mazur, Kristina Rezvorovich y Nina Daraganova
Legal regulation of the institute of control in the eld of housing construction in the conditions of
armed aggression of the Russian Federation
Conclusion
Russia’s armed aggression has destroyed much of its housing stock and
social infrastructure. Therefore, the state authorities are obliged to take
immediate action to restore the destroyed and damaged buildings in the
territories liberated from the occupiers. The government has approved
a legal framework for the rehabilitation these facilities, which partially
simplies some stages of construction.
Government construction control of construction projects is the activity
of entities that carry out construction control by inspecting and supervising
construction in order to ensure its compliance with state building codes,
requirements, rules and standards, as well as aimed at preventing, detecting
and terminating actions that violated the above regulations, as well as
bringing the perpetrators to justice. The construction control is exercised
by inspecting construction projects, issuing building permits, conducting
examinations of construction projects for compliance with building codes,
rules and standards, and identifying violations of construction legislation
in order to eliminate them.
The mechanism of legal regulation of control in the construction industry
includes such elements as: building codes and legal rules that ensure the
exercise of control in the construction industry; subjects of architectural
and construction control; tools of construction control; construction
control procedure. Building codes and legal rules consist of construction
legislation, international construction standards, rules and regulations.
The entities that exercise construction control are specially authorized
government bodies, private independent institutions, experts, inspectors
and insurance companies.
The purpose of construction control is ensuring compliance of
construction projects with the quality and safety regulations, as well as
reduction of risks associated with the creation and use of the buildings.
Ignoring construction control and adhering to building codes and standards
entails dangerous and unserviceable construction sites and accidents
during construction operations.
The prospects for further research include the analysis of the mechanism
of legal regulation of construction control. Therefore, we consider the
empirical study, as well as theoretical and methodological justication of
eective measures for the state supervision of the construction sector to be
further prospects of the research in this area.
The prospect of further research is the organizational support of eective
control in the eld of housing construction in the context of the armed
aggression of the Russian Federation to restore the quality of housing in
Ukraine as soon as possible.
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