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 31.03.2024
is about to begin to be completed
1 2 3 3
9
Partially implemented In progress Not implemented Not started
Measures implemented (fully and partially) - 1 (11.1%)

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, Territories and Infrastructure Development of Ukraine

11.1%
9

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 Unified State Electronic System in Construction, particularly by: 1) populating the Unified State Electronic System in Construction with materials of urban development documentation (other than classified information); 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 (other than classified information); 3) enabling employees of urban development and architecture authorities to enter urban development documentation of the relevant level into the Unified State Electronic System in Construction and update it; 4) enabling users of the Unified State Electronic System in Construction to use geospatial data sets of urban development documentation, orthophotomaps, topographic maps and plans of the relevant levels in the state geodesic coordinate system USK-2000, which have been published as geospatial data display services (other than classified information). Ministry for Communities, Territories and Infrastructure Development of Ukraine There is progress in the implementation of the measure In progress
0% 0/ 6
1.2. 2.5.1.1.2. Launch of the service for validation and public discussion (particularly electronic public discussions) of drafts of urban development documentation on the portal of the Unified State Electronic System in Construction Ministry for Communities, Territories and Infrastructure Development of Ukraine The measure has not been implemented Not implemented
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, Territories and Infrastructure 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, Territories and Infrastructure Development of Ukraine The measure has not been implemented Not implemented
1.5. 2.5.1.1.5. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that proposes amendments to select laws of Ukraine on ensuring the operation of the Unified State Electronic System in Construction, which provides for the possibility of providing in electronic form only those administrative services for which laws of Ukraine define the procedure for providing the service, the list of documents needed to receive the service, the grounds for rejecting the application, returning the application for revision, and approving the application (providing the service) Ministry for Communities, Territories and Infrastructure Development of Ukraine Implementation of the measure has not started Not started
1.6. 2.5.1.1.6. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that proposes amendments to select laws of Ukraine and provides for: 1) entry of information into the Register of Development Operations by the administrator of the administrative services center upon receipt of hardcopy documents from the client; 2) improvement of the mechanism by which the state architectural and construction oversight agency implements the decision of the central executive authority tasked with implementing public policy on state architectural and construction oversight to grant a complaint and order a repeated consideration of the matter Ministry for Communities, Territories and Infrastructure Development of Ukraine Implementation of the measure has not started Not started
2.1. ESR 2.5.1.2 The Unified Electronic Urban Development Cadaster has been created, which is a platform for providing all administrative services in the field of urban development and a public source of urban development information. Urban development documentation becomes effective from the time when it has been entered into the Unified Electronic Urban Development Cadaster and assigned a spatial index 2.5.1.2.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing amendments to select laws on the creation and operation of a unified electronic urban development cadaster, which: 1) provides for the creation of a unified electronic urban development cadaster with unified (standard) requirements for the content of all registers on the same cartographic substrate; 2) designates the government agency responsible for creating and maintaining (administering) the unified electronic urban development cadaster; 3) defines the powers and officers responsible for transferring data to populate the unified electronic urban development cadaster, as well as the responsibility of such officers for the accuracy and relevance of such information and its timely uploads; 4) ensures public access to the unified electronic urban development cadaster (other than classified information); 5) defines the list and procedure for providing administrative services in the sector of urban development with the help of the platform of the unified electronic urban development cadaster, particularly through the Unified State Electronic System in Construction; 6) provides for the creation of urban development documentation in digital vector form and stipulates that urban development documentation shall take effect only from the time of its registration in the unified electronic urban development cadaster and assignment of a spatial index, as well as specifies the time frames and officers responsible for populating this cadaster with current urban development documentation (particularly the documentation adopted before the cadaster was instituted); 7) provides for data integration of the unified electronic urban development cadaster, the State Land Cadaster, the State Register of Real Rights to Immovable Property, the electronic register of cultural heritage sites, the State Forest Cadaster, the State Cadaster of Territories and Sites of the Nature Reserve Fund, and other essential information resources of the state, the list of which shall be compiled by the Cabinet of Ministers of Ukraine in the Procedure for Maintaining the Unified Electronic Urban Development Cadaster; 8) stipulates that urban development conditions and restrictions shall be generated automatically by software tools of the unified electronic urban development cadaster, along with specific kinds of permits. Ministry for Communities, Territories and Infrastructure Development of Ukraine Implementation of the measure has not started Not started
0% 0/ 2
2.2. 2.5.1.2.2. Putting into operation the unified electronic urban development cadaster, whose tools ensure: 1) automation and provision of the legislatively prescribed list of administrative services in the sector of urban development, which have to be provided through the platform of the unified electronic urban development cadaster; 2) population of the unified electronic urban development cadaster with current urban development documentation (particular that adopted prior to the launch of the cadaster) and assignment of a spatial index to this documentation; 3) maintenance of the state register of urban development documentation as part of the unified electronic urban development cadaster and entry of urban development documentation into the unified electronic urban development cadaster, assignment of a spatial index, and granting free access to this documentation (other than classified information); 4) mutual exchange and integration of data among the unified electronic urban development cadaster, the State Land Cadaster, the State Register of Real Rights to Immovable Property, the electronic register of cultural heritage sites, the State Forest Cadaster, the State Cadaster of Territories and Sites of the Nature Reserve Fund; geospatial data about the territory, administrative-territorial units; databases of ecological and forest cadasters, geotechnical conditions; data on facilities of the engineering and transport infrastructure, existing and proposed utility networks, line facilities of the energy infrastructure, distribution of capacities of utility networks, available unclaimed capacity, and technical specifications issued; geospatial data of technical inventory and registration of immovable properties, the unified register of addresses; 5) the ability to automatically generate urban development conditions and restrictions as well as specific kinds of permits by submitting an online application through the platform of the unified electronic urban development cadaster. Ministry for Communities, Territories and Infrastructure Development of Ukraine There is progress in the implementation of the measure 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 development documentation shall be carried out by developing, approving, and implementing the relevant action plans that can be approved simultaneously with the approval of urban development documentation, but in any case no later than six months following the approval of the relevant documentation; 2) alignment of the provisions of economic and social development programs 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) the list of activities, amounts and sources of funding shall be reflected in social and economic development programs within the time frames outlined in the action plan; 5) changes to the action plan that involve extending the time frame or changing the sequence of implementation of specific parts of projects involving the development of social and utility infrastructure are prohibited; 6) the action plan shall be made public by the agency that made the decision to approve the relevant urban development documentation. Ministry for Communities, Territories and Infrastructure Development of Ukraine The measure has not been implemented Not implemented
0% 0/ 1

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: