Problem

2.5.6. The free-of-charge procedure for changing the designated purpose of land plots fosters corruption in the process of making the relevant decisions.

General information about the problem

For a long time, the system for establishing and changing the designated purpose of a land plot has been characterized by archaic, cumbersome procedures and provided fertile soil for various corrupt practices. This problem is due to:
a flawed procedure for changing the designated purpose, as the legislation did not provide clear criteria for officials to be guided by when making relevant decisions. As a result, the refusal to approve was discretionary and could be granted using general provisions of the law or regulations that do not directly regulate the preparation of land management documentation;
the prevalence of the interests of an individual (group of individuals) over the needs of the respective territorial community. This practice had a negative impact on the economic development of the regions and failed to ensure the proper allocation, use, and protection of land in a particular area.
The legislator attempted to change this approach by harmonizing the use of land plots with integrated development of the territory. Thus, in 2020, the groundwork was laid for a comprehensive procedure for managing urban development of the entire territory of a territorial community, which aims to simplify the procedure for changing the designated purpose of a land plot. However, the designated purpose is currently changed according to the old procedure, since the development and approval of comprehensive plans for the spatial development of the territory of territorial communities is almost never carried out, and therefore, information about functional zones or information from an extract from urban planning documentation is not entered into the State Land Cadaster. This is due to the difficulty in securing funding for the development of such plans, in particular, the provision of a subvention from the state budget, since one of the conditions for its provision is the availability of an updated cartographic substrate in digital form in the USK-2000 state geodesic coordinate system. As a result, territorial communities are unable to immediately start developing a comprehensive plan with state support, as they must first spend their own resources on developing an updated cartographic substrate, whereas this could be one of the stages of developing a comprehensive plan.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 1
All measures of the SACP
measures, the implementation of which as of 30.09.2024
is about to begin to be completed
1 2 1 2 5
11
Implemented Partially implemented In progress Not implemented Not started
Measures implemented (fully and partially) - 3 (27.3%)

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

60%
5

Ministry of Agrarian Policy and Food of Ukraine

0%
5

Ministry of Finance of Ukraine

0%
1

Achievement of ESR within the limits of the Problem

The total number of OSR – 1

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 2.5.6.1 Mechanisms have been introduced to create incentives for local self-government bodies to quickly develop and approve planning documentation for the entire territory of territorial communities (both within population centers and outside their limits) 2.5.6.1.1. Performing financial and economic calculations of the amount of funding required for a state budget subvention to local budget for the creation of comprehensive plans of spatial development of territories of territorial communities Ministry for Communities and Territories Development of Ukraine The measure was implemented on time and in full Implemented
100% 11/ 11
1.2. 2.5.6.1.2. Submitting proposals during development of the Draft Law of Ukraine On the State Budget of Ukraine for 2024, providing for the requisite amount of funding for the subvention calculated as part of the activity indicated in subclause 2.5.6.1.1 out of the state budget for local budgets for the creation of comprehensive plans of spatial development of territories of territorial communities in keeping with the requirements of the Loan Agreement as part of the Program of Acceleration of Private Investment in Agriculture between Ukraine and the International Bank for Reconstruction and Development dated August 27, 2019, No. 8973-UA Ministry for Communities and Territories Development of Ukraine The measure was implemented on time, but partially Partially implemented
1.3. 2.5.6.1.3. Supporting the consideration of the draft indicated in subclause 2.5.6.1.2 in the Parliament of Ukraine (particularly if the President of Ukraine vetoes it) Ministry of Finance of Ukraine Implementation of the measure has not started Not started
1.4. 2.5.6.1.4. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft resolution of the Cabinet of Ministers of Ukraine proposing amendments to the Procedure and Conditions for Granting State Budget Subventions to Local Budgets for the Creation of Comprehensive Spatial Development Plans of Territories of Territorial Communities, approved by the resolution of the Cabinet of Ministers of Ukraine dated July 28, 2021, No. 853, concerning the simplification of the conditions for the grant of the subvention by eliminating the requirement that the community must have an up-to-date cartographic substrate in digital form Ministry for Communities and Territories Development of Ukraine The measure has not been implemented Not implemented
1.5. 2.5.6.1.5. Performing financial and economic calculations of the amount of funding required for a state budget subvention to local budget for the creation of comprehensive plans of spatial development of territories of territorial communities Ministry for Communities and Territories Development of Ukraine The measure has not been implemented Not implemented
1.6. 2.5.6.1.6. Submitting proposals during development of the Draft Law of Ukraine On the State Budget of Ukraine for 2025, providing for the requisite amount of funding for the subvention calculated as part of the activity indicated in subclause 2.5.6.1.5 out of the state budget for local budgets for the creation of comprehensive plans of spatial development of territories of territorial communities in keeping with the requirements of the Loan Agreement as part of the Program of Acceleration of Private Investment in Agriculture between Ukraine and the International Bank for Reconstruction and Development dated August 27, 2019, No. 8973-UA Ministry for Communities and Territories Development of Ukraine The measure was implemented on time, but partially Partially implemented
1.7. 2.5.6.1.7. Monitoring of draft laws that propose amendments to the Land Code of Ukraine that would abolish the creation of comprehensive plans of spatial development of the territory of territorial communities and determination on this basis of the functional zoning of the territory and land usage restrictions as mandatory preconditions for establishing and modifying the designated purpose of land plots Ministry of Agrarian Policy and Food of Ukraine There is no progress in the implementation of the measure In progress
1.8. 2.5.6.1.8. Preparing proposals regarding approval with reservations / rejection of the draft laws indicated in subclause 2.5.6.1.7 Ministry of Agrarian Policy and Food of Ukraine Implementation of the measure has not started Not started
1.9. 2.5.6.1.9. Preparing critical comments and proposals, positions regarding the rejection of the draft laws indicated in subclause 2.5.6.1.7 Ministry of Agrarian Policy and Food of Ukraine Implementation of the measure has not started Not started
1.10. 2.5.6.1.10. Supporting the consideration of the draft laws indicated in subclause 2.5.6.1.7 by committees of the Parliament of Ukraine Ministry of Agrarian Policy and Food of Ukraine Implementation of the measure has not started Not started
1.11. 2.5.6.1.11. Preparing proposals regarding the expediency of the exercise of the president’s veto right with respect to the laws indicated in subclause 2.5.6.1.7, which have been passed by the Parliament of Ukraine Ministry of Agrarian Policy and Food of Ukraine Implementation of the measure has not started Not started

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: