Progress in the implementation of measures as of 24.04.2024
measures, the implementation of which as of 31.12.2023
1
1
Not started
Measures implemented (fully and partially) - 0 ( 0%)
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Measures — 1

2.5.3.4.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law defining the substance and scope of powers of architectural and construction control and oversight authorities, urban development and architecture authorities, which:
1) 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;
2) 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.

The main implementer: Ministry for Communities, Territories and Infrastructure Development of Ukraine

Indicators — 1

Evaluation of achievement of ESR — indicator weight —
1
0 / 100%

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)

* - certain measures are common to several ESRs, but have a separate number (id)