Ambiguous Interpretation
Tuesday, December 31st, 2013Currently there is no unity in the understanding of the rules of the sixth and seventh articles fifty-five point five gdc Russia, which determine what should include requirements for issuing certificates of admission to the construction works, of the possibility of including them in conditions that are not mentioned in the law. Defining conditions that must be presented when issuing certificates of admission, the legislator has not stated that their list is not exhaustive. In result, some organizations have included a requirement not related to the presence of a candidate member of the sro in the construction of qualified personnel and assets (such, for example, as a requirement of a candidate certificate of quality management system issued some voluntary certification system, the availability of laboratories, etc.). It should be noted that this is not the only case when the norms of the Russian Federation on the gdc SROs permit their ambiguous interpretation. For example, in Part 12 of Art.
55.5 gdc Russia, revealing the possible content of the rules of self-regulation does not specify whether the proposed law in their exhaustive list or the word 'rules self-regulation can be installed 'can be interpreted as permitting an expansive interpretation of the list. For a correct understanding of these rules of law should be analyzed in conjunction with the norms of third article fifty-five point five gdc Russia, which prohibits the sro in the building to create and receive documents that establish rules for chlenovSRO for their activities, not taking into account the creation and approval of the documents 'big five'. If the legislator allowed the broad interpretation of law, determining the contents of the requirements for issuing certificates of admission to the construction work, standards and regulations SROs in the construction, then this restriction would not make any sense. The idea of the legislator, I suppose, was to establish a confidential list of mandatory requirements that SROs can bring to their Members, therefore, the norms of six, seven, twelve articles fifty-five point five gdc Russia must be understood as not allowing a broad interpretation.