Feedback from the public

ESR

2.5.3.3. Mandatory verification of documentation submitted for the purposes of obtaining permits has been introduced and liability of an official for improper performance of duties in conducting such verification has been established; improvements have been made to legislation establishing criminal liability for offenses in the field of urban development

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
1 1
Not implemented Not started

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 2.5.3.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing amendments to select laws of Ukraine on the implementation of urban development documentation, which stipulates that:
1) mandatory verification of the accuracy, completeness, and compliance of documentation upon the issuance of a permit that allows performing construction operations, during a specific term after obtaining the complete package of documents from the applicant (this verification must be performed by architectural and construction oversight authorities and not only by software systems);
2) liability of employees of architectural and construction oversight authorities for failing to conduct this verification.
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 2.5.3.3.2 Supporting the consideration of the draft law on amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine pertaining to imposition of harsher liability in the urban development sector in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law), particularly the Draft Law of Ukraine On Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine Pertaining to Imposition of Harsher Liability in the Urban Development Sector (registration number 5877 dated September 1, 2021), in the text of which (if adopted in its entirety) the concept of unauthorized construction has been aligned with Article 367 of the Civil Code of Ukraine Ministry for Communities, Territories and Infrastructure Development of Ukraine The law has been signed by the President of Ukraine.
Implementation of the measure has not started
Not started

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 amending select legislative acts in the field of urban development has taken effect, which provides for:
a) mandatory verification of the accuracy, completeness, and compliance of documentation upon the issuance of a permit that allows performing construction operations, during a specific term after obtaining the complete package of documents from the applicant (this verification must be performed by architectural and construction oversight authorities and not only by software systems) (25 percent);
b) liability of employees of architectural and construction oversight authorities for failing to conduct this verification (25 percent).
50%
2 A law has taken effect, which has amended the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine by toughening liability in the urban development sector. 50%

Key sources of assessment:

Additional sources of information: