Pavel Malakhov: "Our Main Goal Is To Protect The Rights And Legitimate Interests Of Entrepreneurs"

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Pavel Malakhov: "Our Main Goal Is To Protect The Rights And Legitimate Interests Of Entrepreneurs"
Pavel Malakhov: "Our Main Goal Is To Protect The Rights And Legitimate Interests Of Entrepreneurs"

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Self-regulation in the construction industry replaced government licensing 10 years ago. Then the report on the history of SRO JSK "MSK" and SRO APK "MAP" began. In June this year, the SRO Group celebrates its 10th anniversary. On the current tasks of SROs and the prospects for the development of self-regulation in practice interviews with Pavel Malakhov, CEO of the SRO Group, Chairman of the Subcommittee on Self-Regulation in the Construction Industry, Deputy Chairman of the NOSTROY Committee on the Development of the Construction Industry and the Contract System, a member of the NOSTROI Expert Council on Legislation in the Construction Sector, an expert of the NOPRIZ Committee on Self-Regulation, a member of the Scientific and Expert Council on Pricing and Estimated Rationing in Construction under the Ministry of Construction of the Russian Federation (NES), an arbitrator of the International Commercial Arbitration Court at the RF CCI, a member of the Committee on Urban Development Policy, Construction and Building Materials Industry of the ICIE (r) …

Pavel Vasilievich, you stood at the origins of the creation of self-regulation in Russia, you are taking part in reforming the system. How do you assess the current state of the self-regulation system in our country and the priority areas for the development of the industry?

The abolition of licensing just coincided with the end of my civil service in the Ministry of Finance of the Russian Federation and the Ministry of Regional Development of Russia and the beginning of activities in the newly created system of self-regulation. We worked with great interest and enthusiasm. Here my experience in the civil service came in handy, related to the implementation of the federal target programs "Housing" and "Pure Water", the activities of the Housing and Utilities Reform Fund and the Housing Development Fund.

Today, the self-regulation system, as a pragmatic tool for admission to the construction market, is operating as planned. The reboot at the stage of reform stopped the growth of negative trends, and today constructive work is underway, the search for new forms and methods of optimizing activities. Self-regulation continues to develop, having an impact not only on the construction industry, but also on the economy as a whole.

Priority areas in the work are the reform of shared construction, the transition of developers to a mechanism for attracting funds from participants in shared construction through escrow accounts; solving the problems of pricing in construction, in particular, updating the estimated regulatory framework and the progressive transition to the resource method of pricing in construction, and, of course, the introduction of effective digital technologies in the self-regulation system and the entire construction industry.

A very important and responsible direction is the development of the Strategy for the development of the construction industry until 2030 and the Strategy for the development of self-regulation in the Russian Federation, which today is occupied by all participants in the investment and construction market in Russia, government agencies and businesses. Much work in this direction is being carried out in the NOSTROY Committee for the development of the construction industry and the contract system. Discussion and development of proposals takes place at the meetings of the Committee and the Subcommittee on the strategy for the development of the construction industry.

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To develop the Strategy-2030, a polycentric scheme was chosen, in which each section of the Strategy is developed by a project team, and the teams are formed on the principles of openness. For the first time in recent years, the professional community has the opportunity to take part in shaping the image of the future builder, macroeconomic indicators and the construction of the construction industry.

On April 15, 2019, the first large-scale discussion of the Strategy-2030 took place at the site of the All-Russian conference "Strategy for the development of the construction industry in the Russian Federation" at the RF CCI. It was our idea to hold such a large-scale event. The organizers were the Self-regulatory organizations Association of Construction Companies "Interregional Construction Complex" (SRO ASK "MSK") and the Association of Design Companies "Interregional Association of Designers" (SRO APK "MAP") with the support of the Ministry of Construction of Russia, the Analytical Center under the Government of the Russian Federation and the Association "National Association builders "(NOSTROY). The All-Russian conference "Strategy for the development of the construction industry in the Russian Federation" was accustomed to the 10th anniversary of our SRO Group.

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The conference brought together over 400 participants from Moscow, St. Petersburg, Novosibirsk, Yekaterinburg, Tyumen, Tatarstan, Crimea and other regions of Russia. More than 40 speakers made reports at the plenary session and at three thematic sections devoted to pricing in construction, the development of BIM technologies in Russia, the impact of government and corporate procurement on the construction industry. The conference was attended by the President of the Union of Designers of Russia Viktor Anatolyevich Novoselov.

The results of the All-Russian conference "Strategy for the development of the construction industry in the Russian Federation" can be found on the conference website -

The authorities and the professional community expect from the new Strategy 2030 the solution of such important tasks as the digitalization of the construction industry and the transition to “seamless” urban planning regulation. It is planned that the formation of the Strategy-2030 will be completed by October 2019.

In June, your SRO Group celebrates its 10th anniversary. Tell us about the main development milestones?

The story begins in 2009, when one hundred professional builders of the heat and power industry initiated the creation of two self-regulatory organizations - SRO ASK "MSK" and SRO APK "MAP".

In 2010, with the participation of the flagship of the energy industry - PJSC MOEK, the Scientific Center for Advanced Studies, Quality and Safety was created, where more than 20 thousand students have been trained in 74 programs to date.

At the end of 2017, at the time of my assumption of the post of general director, there were 129 members in the register of SRO JSK "MSK", and 84 members of SRO AIC "MAP", there was a wide range of problems requiring solution. Today we are working steadily, and the number of our members has doubled.

Thanks to the well-coordinated work of our team, it was possible not only to maintain the status of an SRO and successfully pass the inspection by Rostechnadzor for confirming the status of a self-regulatory organization (and more than 70 SROs have lost this status), but also to develop the activities of the Association.

For 1.5 years, we accepted 550 new members, the compensation fund for securing contractual obligations has more than doubled, the compensation fund for compensation for damage has more than tripled. Thanks to the control system in force in the Association, not a single payment from the compensation fund was allowed, which means that none of our companies should additionally contribute to the compensation fund. We managed to reduce the financial burden on SRO members by rejecting insurance and certification, as well as reducing the membership fee by 30%.

Today the Association unites more than 770 leading organizations of the city's urban economy complex: Mosvodokanal JSC, MOEK PJSC, Moskollektor State Unitary Enterprise, United Energy Company JSC, Mosekostroy JSC, Pioneer IC LLC, Stadium LLC "Spartak", JSC "Tushino 2018" and other large customers, small and medium-sized businesses.

In the practice of SRO JSK "MSK" and SRO AIC "MAP", the priority areas of activity are the protection and representation of the interests of SRO members in government bodies, local governments, national associations and other public professional associations, assistance in improving the quality of construction and design work, standardization, implementation of digital technologies, development of the Rating of reliability of construction complex enterprises and the operation of engineering systems, enterprises - energy auditors.

We are interested in expanding the composition of the Association's sites, therefore we invite interested companies to join the SRO ASK "MSK" and SRO AIC "MAP" in order to obtain the rights to perform construction work and prepare project documentation. You can get more detailed information on our website: https://portal-sro.ru/. The site also has an electronic platform - the SRO portal, on which an interactive service for accepting documents for joining an SRO has been launched, an electronic register of SRO members and other services has been formed. It is no secret to anyone how important it is in the modern conditions of business development to have a reliable partner, and even better to be in the club of reliable professionals, to become a part of our SRO Association.

It should be added that all these years, the Association of Energy Auditors “Energy Efficiency Control” (SRO AE “KE”) has been conducting its activities in parallel with the SRO ASK “MSK” and the SRO AIC “MAP”. That is, at the moment, our SRO Group unites three self-regulatory organizations, among which are multidisciplinary organizations that follow a single development strategy and carry out the entire range of work.

Please tell us more about your new development - the System of voluntary certification of the reliability of design, survey and construction organizations. What makes this rating system so special? What are the main evaluation criteria used?

Considering that the country has increased requirements for the quality of services provided, and self-regulatory organizations are called upon to control the work of their members and are responsible for the quality of work with a compensation fund, the team of SRO JSK "MSK" has developed a voluntary certification system for assessing the reliability of enterprises in the construction complex and the operation of engineering systems. enterprises of energy auditors.

The rating system was developed to adequately assess the reliability of market participants and create conditions for improving the quality of services in the construction sector. This is, in fact, a voluntary certification system for assessing the Reliability Rating of enterprises in the building complex and the operation of engineering systems, enterprises - energy auditors. All organizations - members of our Association SRO ASK "MSK", SRO APK "MAP" and SRO AE "KE" have passed the rating procedure and received Certificates confirming one or another category of reliability.

In our opinion, the introduction of a rating system in the construction industry is an effective and modern mechanism for controlling the activities of companies. Reliability rating is an individual indicator of the company's performance, assigned to a certain category of reliability and calculated on the basis of data obtained from open sources.

The rating methodology contains rating indicators reflecting all aspects of the company's activities, the totality of which determines their reliability. For example, financial capabilities, the volume of work performed per year, business activity, the ability to perform work at construction sites in the planned time frame, the quality of the work performed, the human resources of the company. The rating system also provides an opportunity for potential customers or other interested users of the system, if necessary, to select a contractor or to analyze one or more rating indicators.

The methodology provided by this system allows you to perform a comprehensive analysis of the company's activities (assess the quality, personnel, material and technical base, financial stability, experience, fulfillment of contractual obligations). Depending on the average number of employees and the limit values of revenue, from the work performed, the methodology determines the target group of this company, i.e. the rating of small, medium and large enterprises is being formed. In its group, the enterprise is assigned a category of reliability: A - highest; B - high; C - medium; D - low.

Currently, the Assessment System is registered by the Federal Agency for Technical Regulation and Metrology (ROSSTANDART) in the unified register of registered voluntary certification systems on April 28, 2014, registration number ROSSRU. I1202, 04ZHOZH0. In addition, the System is presented in the Ministry of Construction of Russia and approved for further implementation as a pre-qualification assessment of participants in the procurement of works in the construction industry using competitive methods.

The users of this rating system can be both government and commercial customers, banks and insurance companies, its results can be used by enterprises to solve the marketing goals and objectives of the organization.

Today, SROs have a huge amount of information about their members, and therefore we have created a rating system that is broader than the requirements of an SRO and is more indicative for clients, our partners, banks, insurance companies and government authorities.

From June 1, 2019, 162 NOSTROY Standards came into force for the production of work, which cover almost all areas of construction: bridge construction and roads, installation of engineering systems and ventilated facades, concrete and welding works. What advice would you give to organizations that have decided to use these standards in the work of their enterprises in order to improve the quality and safety of work?

The topic of introducing standards at the enterprises of the construction complex is being discussed today at different levels. Quite recently, at the end of May, I reported on this issue in the Department of Urban Development Policy of Moscow at a meeting-seminar "Application of standards for work processes as the basis for ensuring quality and safety at construction sites in Moscow."

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The self-regulatory organization JSK "MSK" was the first among all SROs to develop and approved at the General Meeting of SROs in September 2018 methodological recommendations on the implementation of standards for work processes in order to provide methodological assistance to its members and partners. These recommendations provide the main list of organizational and technical measures that are recommended to be carried out for the implementation of NOSTROY standards, the form of standard documents, etc.

The Association holds explanatory seminars on a regular basis, at which all the nuances of the process of implementing standards are discussed, the specifics of the formation of an action plan for the implementation of standards, as well as key issues that construction organizations may face in the course of monitoring the implementation of standards by the SRO and other regulatory bodies … Members of SRO JSK "MSK" have already begun to implement these standards in their organizations, and also began to take part in the development of new and updating of existing standards. Over the course of 10 years, the Association has developed 20 standards on its own, including 16 regulating construction processes and 4 standards for design work.

Systematic work on the implementation of standards for work execution processes in the Association "Interregional Construction Complex" (SRO ASK "MSK") has been going on for more than a year. We have accumulated a lot of experience that can be used by other self-regulatory organizations and enterprises of the construction complex in Moscow and Russia. We invite organizations to cooperate on the implementation of standards for the processes of performing work on construction, reconstruction, overhaul, and demolition of capital construction projects.

It is important to understand that NOSTROY standards are mandatory if references to them are included in the design assignment, project and other organizational and technological documentation, including in the work production project and flow charts. The obligation to apply the standards can also be included in the terms of construction contracts - as a rule, this should be a requirement of the customer.

In all other cases, the standards are applied voluntarily as an additional tool to improve the quality and safety of work.

Another pain point for self-regulation and the industry as a whole is the reform of the pricing system. On June 5, 2019 in Kovrov, within the framework of the business program of the stage of the National Competition of Professional Skills "Stroymaster" in the Central Federal District, you moderated a round table on the topic: "Topical issues of pricing in construction." What proposals have been developed for reforming the pricing system in construction?

Within the framework of the round table in Kovrov, the problems of pricing of the federal and regional scale, the features of the practical application of estimated standards in the Vladimir region when using the resource method were discussed, criticism was sounded against the work of the FSIS TsS.

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The results of the round table in Kovrov correlate with the theses developed within the framework of the All-Russian conference "Strategy for the development of the construction industry in the Russian Federation." The participants of the event agreed that it is necessary to maintain the performance of the base-index method before switching to the resource method, and the transition to the resource model for determining the estimated cost of construction should be phased. In terms of the formation of estimated standards for new technologies, the participants of the round table consider it necessary to test them in order to determine the feasibility of replicating and developing one or another estimated standard. The speakers also proposed to exclude the concept of “marginal” cost from the NCC, replacing it with the concept of “estimated” cost.

On the development of FSIS CA, the participants of the round recommended to consider the possibility of developing the system as a potential trading platform or as a system where it is possible to obtain information about specific suppliers and prices, thereby stimulating suppliers to post information for the purpose of marketing development. This would increase the amount of information to be filled in and ensure its relevance.

Within the framework of the round table in Kovrov and at the All-Russian conference "Strategy for the development of the construction industry in the Russian Federation", the participants noted the importance of restoring the institution of rationing and pricing in construction; the need to informatize the pricing system and estimate rationing and determine the cost of the full life cycle of an investment and construction project with the ability to manage the cost of construction at various stages of the project.

In matters of developing estimated standards, the roundtable participants believe that an initiative is needed from below from construction companies and designers, which through self-regulatory organizations and NOSTROY will be brought to the authorities and developers. I will give an example of a similar work of our Association.

Over the past few years, the Association has developed 19 technological maps and prices for the installation of large-diameter pipelines in polyurethane foam insulation, which were absent in the base of estimated standards for the city of Moscow - TSN-2001. Today the prices have already been approved and included in the corresponding collections TSN-2001. At the initiative of the Association, the development of prices was carried out at the expense of the budgetary funds of the city of Moscow (the savings of members of our SRO during the development amounted to 4.5 million rubles, and from the introduction of new prices - more than 100 million rubles). The newly adopted prices made it possible to take into account in the estimated calculations the actual costs of the members of the Association, which in fact are 60-70 percent higher than those previously taken into account in the estimate (applicable prices).

In a word, we strive to minimize the difference between the actual costs of design / construction of facilities and the costs provided for by estimate calculations - this is one of the main activities of our SRO Association.

I cannot but touch upon the topical issue of the use of digital technologies and information modeling technologies. How is the work in the self-regulation system and in the SRO ASK "MSK" / SRO APK "MAP" / SRO AE "KE" organized according to these areas?

Today, the digitalization of the construction industry, as part of the order of the government of the Russian Federation on the program "Digital Economy of the Russian Federation", is aimed at standardizing and unifying the processes of life of organizations, reducing the costs of market participants, and streamlining the existing public relations in the industry. Electronic formats, new technologies for information exchange, new software products create a lot of business opportunities and much can be used, including in the field of self-regulation and in the business processes of the companies themselves.

In 2018, in our SRO Association, work began on the digitalization of the archive of files of SRO members and the transition to electronic interaction with members and partners. An appropriate procedure has been developed and agreed with Rostekhnadzor. This work is being carried out for the first time in self-regulatory organizations, we are the pioneers of this process. It is planned that the positive experience of the SRO ASK "MSK" / SRO APK "MAP" in the field of digitalization of the archives of the SRO members and the technology of electronic interaction with SRO members can be used in the work of other self-regulatory organizations of the construction industry in Russia.

Another area of our work is the participation of SRO ASK "MSK" and SRO APK "MAP" as an operator of the National Register of Specialists (NRS). The SRO Association is a partner of the National Association of Builders (NOSTROY) and the National Association of Surveyors and Designers (NOPRIZ).

LDCs are digital in action. The National Register of Specialists is an electronic database that includes up-to-date information about all specialists entitled to perform work in the field of construction, as well as engineering surveys and design.

According to the legislation, from July 1, 2017, all construction, design and survey organizations that are members of the SRO are required to employ at least 2 specialists who meet the requirements established by law and are included in the relevant National Register of Specialists (NRS). To be included in the LDC, a specialist must meet a number of specific requirements, which are specified in Art. 55.5-1 of the Urban Planning Code of the Russian Federation. The procedure for the inclusion and exclusion of information about an individual in the LDC, as well as a list of areas of training, specialties in the field of construction, higher education in which is necessary for specialists in the organization of engineering surveys, specialists in the organization of architectural and construction design, specialists on the organization of construction, approved by the Ministry of Construction and Housing and Communal Services of the Russian Federation.

As of March 2019, our Association has processed almost 1000 applications from specialists. We provide methodological and informational support to specialists on this issue.

Today in SRO JSK "MSK" / SRO AIC "MAP" the term of consideration of the submitted documents of specialists is 1 day, due to the automation of the process created on the basis of the existing software.

The use of digital technologies brings very telling results. For example, NOSTROY linked the National Register of Specialists, SRO personal accounts, combined the data with open databases of the Pension Fund and the Federal Tax Service, and received very interesting results. The information about "deserted" companies - members of SROs, about organizations with billions of dollars in government contracts, in which there are no specialists, has become transparent. Such digital openness reduces the risks of SROs, as well as the possibilities of commercializing the self-regulatory organizations themselves.

With regard to information modeling technologies, we also understand the importance of their implementation at the level of design and construction organizations, among customers and operating organizations, etc. We understand that this process is irreversible, long-term and expensive. Therefore, in the Association, we began to carry out work aimed at popularizing BIM technologies and finding solutions to optimize the implementation processes of our SRO members.

We recently conducted a survey among the members of the SRO JSK "MSK" / SRO AIC "MAP" / SRO AE "KE" to assess the degree of involvement of our organizations in the topic of BIM technologies and to find out whether they use information modeling technologies in practice. The questionnaire included 16 questions. At present, the analysis of the information received is being carried out, and we will publish the results of the survey on the website of our Association in the near future. Based on the results of this work, proposals will be formulated for the "Strategy-2030".

It is important that the process of transition to BIM is smooth and comfortable for the construction market, for our members and partners.

On March 14 this year, Delovaya Rossiya, the Russian Union of Industrialists and Entrepreneurs, OPORA Rossii, the RF CCI and the Agency for Strategic Initiatives signed an agreement to create a digital platform to work with entrepreneurs' complaints about illegal actions by law enforcement agencies. Are you planning to participate in the process of creating this platform?

We participate through the Council of the Chamber of Commerce and Industry of the Russian Federation on self-regulation of entrepreneurial and professional activities. Vladimir Putin, speaking at the St. Petersburg International Economic Forum (SPIEF), proposed to toughen the responsibility of the security officials for putting pressure on business. The President proposed to introduce personal responsibility for the security officials for putting pressure on businessmen. Of course, this should work when the digital platform is launched, a kind of "digital ombudsman" through which entrepreneurs will be able to report all illegal actions by law enforcement officials.

For us, this digital platform is a good help in the work of the SRO Association, since our main goal is to protect the rights and legitimate interests of entrepreneurs!

Pavel Vasilievich, thank you for the informative interview and heartily congratulate you and your colleagues on your 10th anniversary. We wish you good health, implementation of your plans, continuous growth and creative development to you personally, members and partners of SRO JSK "MSK" / SRO APK "MAP" / SRO AE "KE"

Taking this opportunity, I would like to congratulate my colleagues, members and partners of our Association on their anniversary. I wish all of us successful work, achievement of constructive solutions, interesting meetings and fruitful communication, new victories and creative successes.

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SRO ASK "MSK" / SRO AIC "MAP" / SRO AE "KE"

+7 (495) 660-93-96

www.portal-sro.ru

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