ESR
2.5.3.4. The discretionary powers of the architectural and construction control and oversight authorities have been eliminated by defining an exhaustive list of grounds for refusing to issue permits or for cancel permits, issuing improvement notices or imposing sanctions, and the authorities have been obligated to take action (make decisions) prescribed by law if the relevant grounds for doing so exist
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
01.04.2023 -
31.03.2024
Implementation of SACP measures within ESR
Total number of measures –
1
1
Not implemented
Implementation of SACP measures within the scope of the Problem by main main performers
Ministry for Communities and Territories Development of Ukraine
0%
1
Summarized general information on Measures
Indicators of achievement of ESR
Total number of indicators – 1
Indicators fully achieved – 0
Partially achieved indicators – 0
Indicators with a score of 0% – 1
Summarized general information about Achievement Indicators
| № | Indicators | Weight (%) |
|---|---|---|
| 1 |
The law defining the substance and scope of powers of architectural and construction control and oversight authorities, urban development and architecture authorities has taken effect, which: a) has eliminated all discretionary powers of the authorities; in particular, the right to act in a certain way has been substituted with the obligation to take measures in the event of a violation of legislation, measures towards putting an end to illegal activities and holding violators accountable; this includes the obligation to not only act in a certain way by making decisions prescribed by law (issuing improvement notices, directives, or resolutions, filing a lawsuit, etc.) but also to oversee compliance with the decisions made / measures implemented (25 percent); b) provides for a clear list of documents needed for the provision of each kind of service (both for permits and documents of informative or declarative nature), the list of possible actions (responses) of the authorities after receiving an application (approving, denying, returning for revision, revoking, etc.), a clear list of grounds for approval (registration, issuance of a permit), denial of issuance of a document, return of the application for revision, as well as clear grounds and violations in response to which an improvement notice must be issued or sanctions imposed (25 percent); c) stipulates that all previously approved deviations from building codes of previous periods must be published in the Unified State Electronic System in Construction and information about them must be systematized by date, address and name of the construction project (25 percent); d) establishes a term after which approval of deviations from construction codes is no longer allowed (taking into account the transition period, updating of legislation, etc.) (25 percent) |
100% |