Problem

2.5.1. The lack of publicity surrounding the information in the field of urban development and land management fosters corruption and makes construction in violation of the law possible.

General information about the problem

The introduction of the Unified State Electronic System in Construction was a positive step towards overcoming corruption in urban development. At the same time, it should be noted that at this stage, the implementation of the entire functionality of the Unified State Electronic System in Construction is not complete, and therefore the achievement of all the positive results of the Unified State Electronic System in Construction has not yet been ensured. In addition, during the practical implementation of the Unified State Electronic System in Construction, certain shortcomings were identified: additional functions in the Unified State Electronic System in Construction in the field of construction that are not aligned with the law; it is possible to obtaining an approval / permit in the absence of actual grounds for this.
Data entry into public registries and systems is inconsistent and uncoordinated, and there is no unified platform of databases and registries. Current legislation provides for the creation of local registers and cadasters that are populated according to different data parameters and in accordance with different terms of reference (“technical assignments”) for their creation, making their systematization and interoperation impossible. In addition to urban development, such related areas as land management, ecology and natural resources, cultural heritage protection, and real estate have their own separate types of documentation that define the conditions for urban development activities. This information and data are not combined in a single information space, which leads to separate, independent departmental permit issuance procedures, each of which is an additional obstacle to businesses and carries a significant corruption risk.
In terms of publicity of information in the field of urban development, the issue of urban development documentation remains problematic. Access to it is limited: not all urban development documentation is made public, and the one that is made public is not presented in full and mostly only in text form, while the graphic portion is only partly included and without the possibility of zooming in for detailed viewing. Therefore, when obtaining the initial data, in particular urban development conditions and restrictions, the applicant does not always have the opportunity to check whether urban development conditions and restrictions are compliant with the urban development documentation, and the ability of an official to interfere with the text of urban development conditions and restrictions is a significant corruption factor and creates the risk of illegal construction at all subsequent stages. Being merely a “projection” of the requirements of urban development documentation at the local level to a specific land plot, urban development conditions and restrictions have become a factor of pressure on the applicant, since it is the text of urban development conditions and restrictions that determines what conditions and restrictions must be observed during design and construction in general and what type of construction is possible. In addition, the possibility of manual interference with the text of urban development conditions and restrictions provides leads to the possibility of obtaining urban development conditions and restrictions that permit construction, even though this permission is not granted in urban development documentation.
Insufficient publicity of information in the field of urban development creates a situation in which it is possible to approve plans for spatial development of the territory (urban development documentation) and drastically different programs of socio-economic development of the territorial community in such territory. Also, the correspondence and mutual coherence of these two documents is not mandated by law. This leads to a situation in which different, inconsistent, and sometimes mutually exclusive strategies and policies can exist and be implemented at the level of a population center. Meanwhile, the existence of programs and policies in two different areas potentially carries major corruption risks, allows choosing the most favorable conditions outlined in such documents, while ignoring the requirements of the other documents, and creates a potential opportunity for unjust enrichment for government agencies and local self-government bodies.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 5
All measures of the SACP
measures, the implementation of which as of 30.09.2024
is about to begin to be completed
1 5 1
7
Partially implemented In progress Not implemented
Measures implemented (fully and partially) - 1 (14.3%)

Deadlines for all measures

01.03.2023 - 31.12.2025

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

Ministry for Communities and Territories Development of Ukraine

14.3%
7

Achievement of ESR within the limits of the Problem

The total number of OSR – 5

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 2.5.1.1 The implementation of the Unified State Electronic System in Construction has been finalized 2.5.1.1.1. Implementing measures towards systematization and public access to the entirety of the urban development documentation currently in effect, integrating it into the Urban planning cadaster on the state’s level, submitting such documentation to Urban planning cadaster on the state level, particularly by: 1) filling Urban planning cadaster on the state’s level with data and documents related to city building (except for confidential or restricted data, considered as such according to the law); 2) granting viewer access to urban development documentation in any administrative-territorial unit or territorial community with the level of detail down to a separate land plot (except for confidential or restricted data, considered as such according to the law); 3) enabling officials of the authorized city building and architecture bodies must ensure uploading of urban planning documentation to Urban planning cadaster on the state’s level; 4) provision of electronic information interaction between Urban planning cadaster on the state’s level and the national geoportal of the National infrastructure of geospatial data on receipt of basic and topical sets (types) of geospatial data and metadata (data on geospatial data and/or services), used for development of urban planning documentation Ministry for Communities and Territories Development of Ukraine There is progress in the implementation of the measure In progress
0% 0/ 4
1.2. 2.5.1.1.2. Validation and public discussion services are implemented for urban planning documentation projects in Urban planning cadaster on the state’s level geoportal Ministry for Communities and Territories Development of Ukraine There is progress in the implementation of the measure In progress
1.3. 2.5.1.1.3. Implementing measures towards integration and electronic data exchange among the Unified State Electronic System in Construction, the State Register of Real Rights to Immovable Property, and the State Land Cadaster, in particular by: 1) reflecting immovable properties in the State Land Cadaster and integrating information about immovable properties and construction projects in progress (issued construction manifests, registered urban development conditions and restrictions, current documents that authorize construction work), accessing the information of the Unified State Electronic System in Construction about construction projects in progress within the State Land Cadaster; 2) enabling state registrars of rights to immovable property to receive information from the Unified State Electronic System in Construction about the results of technical inventory of immovable properties. Ministry for Communities and Territories Development of Ukraine The measure was implemented on time, but partially Partially implemented
1.4. 2.5.1.1.4. Implementing measures towards integration and electronic data exchange between the Unified State Electronic System in Construction and the electronic register of cultural heritage sites not only based on the address but also based on geospatial data of properties and the registration number of the cultural heritage site Ministry for Communities and Territories Development of Ukraine The measure has not been implemented Not implemented
2.1. ESR 2.5.1.2 A unified electronic Urban Planning Cadastre has been created, which is a platform for the provision of all administrative services in the field of urban planning and a public source of urban planning information. Urban planning documentation comes into force from the moment it is entered into the unified electronic Urban Planning Cadastre and assigned a spatial index 2.5.1.2.1. Development and submission to Cabinet of Ministers of Ukraine the draft law on amendments to some laws on development and operation of Urban planning cadaster on the state’s level to ensure the following: 1) development of Urban planning cadaster on the state’s level with unified requirements on urban planning documentation data structure; 2) identification of the holder, administration and technical administrator, responsible for Urban planning cadaster on the state’s level upkeep; 3) establishment of authorities and persons, responsible for transmission of data to fill Urban planning cadaster on the state’s level, including persons responsibility for validity and update of the entered data, it’s timely input; 4) public access to Urban planning cadaster on the state’s level (besides restricted access); 5) list and order of submission of the Urban planning cadaster on the state’s level administration services, in particular, via Unified state electronic system in building area; 6) development of urban planning documentation represented in geospatial data and enforcement of urban planning documentation validity only upon the data input to Urban planning cadaster on the state’s level; 7) informational integration of Urban planning cadaster on the state’s level and the State land cadaster, State real estate property rights register, Electronic cultural heritage objects register, State forestry cadaster, State territories and natural reserve funds cadaster, other state information resources, listed by the Cabinet of Ministers of Ukraine by making changes to Urban planning cadaster on the state’s level administration procedure (in case of availability of technical connection); 8) it’s established that urban planning conditions and limitations (including several types of permitting documents) are generated automatically by the Urban planning cadaster on the state’s level software based on the geospatial data documents Ministry for Communities and Territories Development of Ukraine There is progress in the implementation of the measure In progress
0% 0/ 2
2.2. 2.5.1.2.2. Commissioning of Urban planning cadaster on the state’s level to ensure the following: 1) automation and provision of a list of administration services, regulated by urban planning legislation, to be rendered through the Urban planning cadaster on the state’s level; 2) uploading the Urban planning cadaster on the state’s level with urban planning documentation (in particular, accepted for cadaster implementation); 3) maintaining the urban planning state register monitored by Urban Planning cadaster on the state’s level, including submission of urban planning documentation to unified electronic Urban planning cadaster on the state’s level with its further publication and provision of free access (besides restricted data); 4) mutual exchange and integration of data from Urban planning cadaster on the state’s level, State land cadaster, State real estate property rights, Electronic cultural heritage objects register, State forestry cadaster, State territories and natural reserve funds cadaster; geospatial data on territories and administrative territorial units; ecological, forestry, and engineering geological databases; data on engineering transport infrastructure objects, available and planned engineering networks, energy infrastructure linear objects, distribution of engineering network capacities, available free capacities and issued technical conditions; technical inventory and real estate register geospatial data, unified address register; 5) ability of automated development of urban planning limitations and conditions after the online request via Urban planning cadaster on the state’s level geoportal, including several types of permitting documentation Ministry for Communities and Territories Development of Ukraine Implementation of the measure has started on time In progress
5.1. ESR 2.5.1.5 It has been mandated that the requirements of urban development documentation must be considered when drafting and implementing socioeconomic development programs 2.5.1.5.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing amendments to select laws on the implementation of urban development documentation, which stipulates that: 1) implementation of urban planning documentation by developing, approval and implementation of appropriate plans, which are an integral of urban planning documentation are subject to publication; 2) alignment of socio-economic and budget planning documentation and the actions plans shall be the responsibility of the agency that made the decision to approve the relevant urban development documentation; 3) urban development documentation implementation measures shall be provided with funding for the relevant period; 4) list of measures and funding sources must be indicated in the socio-economic and budget planning documentation in accordance with terms, indicated in the action plan/ Ministry for Communities and Territories Development of Ukraine There is progress in the implementation of the measure In progress
0% 0/ 1

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: