Feedback from the public

ESR

2.5.3.1. The mechanisms of non-governmental control over the construction of facilities have been improved through designer and technical supervision, independent engineering control, the involvement of accredited laboratories and inspection authorities, and tougher liability of the entities exercising such control

Problem solving:

2.5.3. The flawed system of state oversight and regulation in the construction sector fosters corrupt practices

Deadlines for all measures within ESR

01.03.2023 - 31.03.2024

Implementation of SACP measures within ESR

Total number of measures – 2
2
Not implemented

Implementation of SACP measures within the scope of the Problem by main main performers

Ministry for Communities, Territories and Infrastructure Development of Ukraine

0%
2

Summarized general information on Measures

Name of the measure The main implementer Co-implementors Performance indicator Monitoring results (latest) Статус
1 2.5.3.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that defines the list of the most significant violations of legislative requirements, building codes, normative legal acts and/or regulations governing urban development, whose binding nature is established by legislation, for committing which (or allowing them happen) the providers of specific kinds of services (work) involving the creation of architectural properties face mandatory revocation of their qualification certificates for at least three years, in particular for:
1) exceeding the maximum permissible indicators outlined in urban development conditions and restrictions applicable to development of land plots, which includes:
a) exceeding the maximum permissible parameters of the height of the property (in meters), particularly those specified in urban development documentation at the local level;
b) exceeding the maximum permissible density of population within the residential development are of the relevant residential unit (block, neighborhood);
c) designing a construction project that does not match the designated purpose of the land plot according to the Classification of the kinds of designated purpose of land plots, the kinds of functional purpose of territories, buildings, structures and relationships among them, as well as the rules for using the Classification to determine the categories of land and kinds of designated purpose of land plots, which can be established within the boundaries of the relevant functional zone;
d) violation of other land management restrictions;
2) exceeding the maximum number of building stories;
3) understating the class of consequences (liability) of a property in design documentation for construction.
Ministry for Communities, Territories and Infrastructure Development of Ukraine The draft law has been submitted to the Parliament of Ukraine.
The measure has not been implemented
Not implemented
2 2.5.3.1.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft resolution of the Cabinet of Ministers of Ukraine that approves the list of the most significant violations of legislative requirements, building codes, normative legal acts and/or regulations governing urban development, whose binding nature is established by legislation, for committing which (or allowing them happen) the providers of specific kinds of services (work) involving the creation of architectural properties face mandatory revocation of their qualification certificates, and, in particular:
1) establishes a clear, exhaustive, and substantiated list of gross (material) violations of legislative requirements, building codes, normative legal acts and/or regulations governing urban development, whose binding nature is established by legislation, for committing which the providers of specific kinds of services (work) involving the creation of architectural properties face mandatory revocation of their qualification certificates, pertaining to each kind of service providers (at least 200 material violations);
2) establishes a clear time frame for revocation of the qualification certificate for each gross violation.
Ministry for Communities, Territories and Infrastructure Development of Ukraine The resolution of the Cabinet of Ministers of Ukraine has been adopted.
The measure has not been implemented
Not implemented

Indicators of achievement of ESR

Total number of indicators – 2

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 2

Summarized general information about Achievement Indicators

Indicators Weight (%)
1 A law has taken effect, which defines the list of the most significant violations of legislative requirements, building codes, normative legal acts and/or regulations governing urban development, whose binding nature is established by legislation, for committing which (or allowing them happen) the providers of specific kinds of services (work) involving the creation of architectural properties face mandatory revocation of their qualification certificates for at least three years, in particular for:
a) exceeding the maximum permissible indicators outlined in urban development conditions and restrictions applicable to development of land plots, which includes:
exceeding the maximum permissible parameters of the height of the property (in meters), particularly those specified in urban development documentation at the local level (10 percent);
exceeding the maximum permissible density of population within the residential development are of the relevant residential unit (block, neighborhood) (10 percent);
designing a construction project that does not match the designated purpose of the land plot according to the Classification of the kinds of designated purpose of land plots, the kinds of functional purpose of territories, buildings, structures and relationships among them, as well as the rules for using the Classification to determine the categories of land and kinds of designated purpose of land plots, which can be established within the boundaries of the relevant functional zone (10 percent);
violation of other land management restrictions (2 percent);
b) exceeding the maximum number of building stories (2 percent);
c) understating the class of consequences (liability) of a property in design documentation for construction (6 percent).
40%
2 A resolution of the Cabinet of Ministers of Ukraine has taken effect, which approves the list of the most significant violations of legislative requirements, building codes, normative legal acts and/or regulations governing urban development, whose binding nature is established by legislation, for committing which (or allowing them happen) the providers of specific kinds of services (work) involving the creation of architectural properties face mandatory revocation of their qualification certificates, and, in particular:
a) establishes a clear, exhaustive, and substantiated list of gross violations of legislative requirements, building codes, normative legal acts and/or regulations governing urban development, whose binding nature is established by legislation, for committing which the providers of specific kinds of services (work) involving the creation of architectural properties face mandatory revocation of their qualification certificates, pertaining to each kind of service providers (at least 200 material violations) (40 percent);
b) establishes a clear time frame for revocation of the qualification certificate for each gross violation (20 percent).
60%

Key sources of assessment:

Additional sources of information: