Direction 2.5.
Construction, land relations, and infrastructure
42.1%
8 /
19
0.0%
Problem 2.5.2.
The absence of public information on cultural heritage sites and conflicts in urban development and landmark protection laws result in abuses and development of cultural heritage sites.
42.1%
8 /
19
0.0%
1.1
ОСР
2.5.2.1.
Cultural heritage sites have been inventoried, and the inventory findings have been used to update the list of historic populated areas; the electronic register of cultural heritage sites has been populated with data and made public
2.5.2.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution on amendments to the Procedure for Granting Historic Status to a Populated Area, approved by the resolution of the Cabinet of Ministers of Ukraine dated July 3, 2006, No. 909, which, inter alia:
1) aligns this Procedure with the Law of Ukraine On the Protection of Cultural Heritage and the resolution of the Cabinet of Ministers of Ukraine dated September 3, 2014, No. 495 On Approval of the Regulation on the Ministry of Culture of Ukraine;
2) provides for the procedure of monitoring of cultural heritage sites and monitoring undertaken to detect any grounds to grant historic status to population centers;
3) provides for the procedure and grounds for submitting a petition for changes to the List of Historic Populated Areas of Ukraine.
Ministry of Culture and Information Policy of Ukraine
The measure was implemented late and partially
Partially implemented
57.1%
8 /
14
0.0%
1.2
2.5.2.1.2 Inventorying and monitoring cultural heritage sites that serve as grounds for adding a populated area to the List of Historic Populated Areas of Ukraine, and checking the existence of other grounds for adding populated areas to said List, as well as updating documents needed to grant historic status to a city, town or village and add it to the List of Historic Populated Areas of Ukraine, and more specifically:
1) checking the availability of documents needed to grant historic status to a city, town or village and add it to the List of Historic Populated Areas of Ukraine, updating the documents (if they have been found to be incomplete) or generating (creating) documents (if the document are missing but grounds exist for adding a city, town or village to the List of Historic Populated Areas of Ukraine), publishing the results on the official website of the Ministry of Culture and Information Policy;
2) monitoring cultural heritage sites that serve as grounds for granting historic status to populated areas, and verifying that the population centers meet the other criteria for being on the List of Historic Populated Areas of Ukraine, particularly by inspecting the availability and status of cultural heritage sites, preparing a visual inspection report using the form provided in Appendix 6 to the Procedure for Maintaining a Record of Cultural Heritage Sites, approved by the order of the Ministry of Culture dated March 11, 2013, No. 158, as amended by the order of the Ministry of Culture dated June 27, 2019, No. 501, verifying the preservation of the layout as it existed in previous historical epochs (prior to the 20th century), preservation of the primary composition centers and composition gridlines of the populated areas, preservation of ordinary historic buildings — while documenting the monitoring process and its results; the results have been published on the official website of the Ministry of Culture and Information Policy;
3) creating a list of cultural heritage sites that have vanished (been destroyed, demolished) or lost their historic (cultural) value, as well as the list of historic populated areas that do not meet the criteria for being on the List of Historic Populated Areas of Ukraine; the results have been published on the official website of the Ministry of Culture and Information Policy.
Ministry of Culture and Information Policy of Ukraine
The measure has not been implemented
Not implemented
1.3
2.5.2.1.3 Drafting a resolution of the Cabinet of Ministers of Ukraine on amendments to the resolution of the Cabinet of Ministers of Ukraine dated July 26, 2001, No. 878, and approving the updated List of Historic Populated Areas of Ukraine based on the results of the activities indicated in subclause 2.5.2.1.2
Ministry of Culture and Information Policy of Ukraine
The measure has not been implemented
Not implemented
1.4
2.5.2.1.4 Developing the draft order on amendments to the Procedure for Maintaining a Record of Cultural Heritage Sites, approved by the order of the Ministry of Culture dated March 11, 2013, No. 158, which:
1) provides for the monitoring and control of landmarks of local significance and landmarks of national significance appearing for more than 3 years on the List of Cultural Sites of National Significance, which are subject to registration in the State Register of Immovable Landmarks of Ukraine, and causing the relevant authorities to make the appropriate decision with respect to the cultural heritage sites before the three-year term expires (to include them / deny their inclusion in the State Register of Immovable Landmarks of Ukraine);
2) stipulates that landmarks (monuments, memorial signs) that glorify the aggressor state or support the aggression (war) of the Russian Federation against Ukraine, those dedicated to individuals supporting the aggression (war) of the Russian Federation against Ukraine, and those installed by the occupation authorities in the territory of Ukraine or in specific administrative-territorial units shall not be eligible for inclusion in the State Register of Immovable Landmarks of Ukraine.
Ministry of Culture and Information Policy of Ukraine
The measure was implemented late and partially
Partially implemented
1.5
2.5.2.1.5 Holding a public discussion of the draft order indicated in subclause 2.5.2.1.4, and ensuring its revision (if needed), issuance, and submission for state registration
Ministry of Culture and Information Policy of Ukraine
The measure was implemented late and partially
Partially implemented
1.6
2.5.2.1.6 Supporting the state registration of the draft order indicated in subclause 2.5.2.1.4 and its official publication
Ministry of Culture and Information Policy of Ukraine
The measure was not implemented on time and in full
Implemented
1.7
2.5.2.1.7 Cultural heritage sites have been inventoried and monitored for the purposes of creating a complete and unified electronic register of cultural heritage sites. In particular:
1) cultural heritage sites of national and local significance included in the State Register of Immovable Landmarks of Ukraine have been inventoried (with the issuance of documents for removal of some of the sites from the register based on the results of the inventory), registration documents of cultural heritage sites have been updated and inventoried, with registration documents issued for newly discovered sites and sites officially registered in accordance with laws that were in effect prior to the effective date of the Law of Ukraine On the Protection of Cultural Heritage;
2) the array of registration documents pertaining to each cultural heritage site included in the State Register of Immovable Landmarks of Ukraine has been digitized and made public.
Ministry of Culture and Information Policy of Ukraine
The measure has not been implemented
Not implemented
1.8
2.5.2.1.8 Developing a draft decision of the Ministry of Culture and Information Policy on the removal of landmarks of local significance from the State Register of Immovable Landmarks of Ukraine based on the findings of the activities indicated in subclause 2.5.2.1.7 (if the landmark has not been preserved or has lost its historic (cultural) value), or if no grounds exist for including the landmark in the State Register of Immovable Landmarks of Ukraine
Ministry of Culture and Information Policy of Ukraine
The measure was implemented on time, but partially
Partially implemented
1.9
2.5.2.1.9 Holding a public and expert discussion of the draft decision indicated in subclause 2.5.2.1.8, and ensuring its revision (if needed)
Ministry of Culture and Information Policy of Ukraine
The measure has not been implemented
Not implemented
1.10
2.5.2.1.10 Signing and publishing the decision indicated in subclause 2.5.2.1.8
Ministry of Culture and Information Policy of Ukraine
The measure was implemented on time and in full
Implemented
1.11
2.5.2.1.11 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution of the Cabinet of Ministers of Ukraine on the removal of landmarks of national significance from the State Register of Immovable Landmarks of Ukraine based on the findings of the activities indicated in subclause 2.5.2.1.7 (if the landmark has not been preserved or has lost its historic (cultural) value), or if no grounds exist for including the landmark in the State Register of Immovable Landmarks of Ukraine
Ministry of Culture and Information Policy of Ukraine
The measure was implemented on time, but partially
Partially implemented
1.12
2.5.2.1.12 Publicizing the updated State Register of Immovable Landmarks of Ukraine (as a unified document) based on the outcome of the activities indicated in subclauses 2.5.2.1.8—2.5.2.1.11, and publicizing the list of cultural heritage sites (as a unified document) based on the outcome of the activities indicated in subclause 2.5.2.1.7
Ministry of Culture and Information Policy of Ukraine
The measure was implemented on time, but partially
Partially implemented
1.13
2.5.2.1.13 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft resolution of the Cabinet of Ministers of Ukraine on the functioning and procedure for maintaining the electronic register of cultural heritage sites, which stipulates:
1) the procedure for maintaining the register, populating it with documentation (that had been created prior to the institution of the register), and keeping it up to date;
2) the public nature of the register and information contained in it, the procedure by which the public and government agencies access the register;
3) that information added to or removed from the electronic register of cultural heritage sites must include the details of the author of the relevant action and its time, the history of actions (this history must not be removed and must allow viewing all previous versions), and that it should be impossible to erase information from the electronic register of cultural heritage sites (this information should be logged in the history, i.e. the previous version of the register).
Ministry of Culture and Information Policy of Ukraine
The measure has not been implemented
Not implemented
1.14
2.5.2.1.14 Putting into operation the electronic register of cultural heritage sites that contains:
1) information about all cultural heritage landmarks of national and local significance, which have been included in the State Register of Immovable Landmarks of Ukraine, as well as the list of cultural heritage landmarks and the List of Historic Populated Areas of Ukraine;
2) information about all cultural heritage landmarks of local and national significance and historic populated areas: geospatial data of sites; all registration documents, decisions (resolutions) to include landmarks in the State Register of Immovable Landmarks of Ukraine, the list of cultural heritage sites, the List of Historic Populated Areas of Ukraine, and information about removal from these lists and registers along with the pertinent documents must be made public (these documents must remain accessible for 10 years from the date of removal); digitized documents pertaining to approvals/permits granted (rejections) in respect of projects and operations in accordance with landmark conservation laws; digitized documents on inspections conducted, conservation measures ordered, improvement notices and bans issued/lifted, inspections conducted, improvement notices and directives issued, conservation agreements concluded, permits granted, approvals of designs and operations at sites and within conservation zones, and any sanctions imposed for violations of the Law of Ukraine On the Protection of Cultural Heritage;
3) historical and architectural reference plans, approved research and design documentation defining the conditions of usage of the site, conservation zones, and boundaries and conditions applicable within its territory, research and design documentation pertaining to the development of the historical and architectural reference plan and tracing of the boundaries of historic areas of population centers; approved land management technical documentation establishing the boundaries of sites within special conditions apply (if this documentation establishes the boundaries of the site, historic areas of population centers);
4) the list of landmarks that have vanished (been destroyed, demolished) or lost their historic (cultural) value, been removed from the List of Historic Populated Areas of Ukraine (with the preservation of the entire array of data, particularly registration documents, decisions to include or remove the landmark from the register for 10 years from the date of removal);
5) the materials of the inventory and monitoring (ongoing, periodic, in the form of a study) and documents prepared on their basis.
Ministry of Culture and Information Policy of Ukraine
The measure has not been implemented
Not implemented
2.1
ОСР
2.5.2.2.
Historical and architectural reference plans with boundaries and conditions of use of cultural heritage protection zones and historic areas, as well as the mapping of such boundaries, have been developed and adopted
2.5.2.2.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing improvements to the procedure for developing and using historical and architectural reference plans (which involves amending the Land Code of Ukraine, the Laws of Ukraine On the Protection of Cultural Heritage, On the Regulation of Urban Development Activities, On the State Land Cadaster, and other legislative acts), which:
1) defines the concept and composition of a historical and architectural reference plan, specifically by stipulating that historical and architectural reference plans must establish the legal conditions of usage of historic areas of population centers and the boundaries and conditions of usage of cultural heritage site conservation zones, which have been approved by research and design documentation, the need to draw such boundaries in situ, as well as establishing detailed restrictions on development of land plots in a format suitable for automated verification of compliance with them;
2) stipulates that local self-government bodies shall order the development of historical and architectural reference plans, which shall take effect after being approved by the central executive authority tasked with shaping and implementing public policy on the protection of cultural heritage;
3) stipulates that historical and architectural reference plans serve as input data for preparing or updating the relevant urban development documentation in historic population centers; mandates the inclusion of restrictions prescribed by the historical and architectural reference plan in the urban development documentation and their observance during urban development activities;
4) defines a clear procedure for amending historical and architectural reference plans (which depends on the status of cultural heritage and does not depend on the need to make changes to urban development documentation for other reasons), stipulates that it is mandatory to make changes to urban development documentation (and establishes the time frame for making such changes) in the event of adoption / modification of the historical and architectural reference plan, approval of boundaries and usage conditions; stipulates that the boundaries and conditions of usage of cultural heritage site conservation zones and historic areas—once approved by the relevant cultural heritage protection authority—must be considered when formulating and issuing urban development conditions and restrictions, developing and approving design documentation for construction, performing construction, issuing permits and approvals by the cultural heritage protection authority, and must be considered when determining the planning restrictions within urban development documentation while it is being prepared, updated, or modified;
5) establishes a time frame for updating historical and architectural reference plans in accordance with new requirements;
6) mandates the publication of historical and architectural reference plans in the electronic register of cultural heritage sites (specifies the responsible officials and time frames).
Ministry of Culture and Information Policy of Ukraine
The measure has not been implemented
Not implemented
0%
0 /
2
0.0%
2.2
2.5.2.2.2 All approved historical and architectural reference plans have been made public in the electronic register of cultural heritage sites.
Ministry of Culture and Information Policy of Ukraine
The measure has not been implemented
Not implemented
3.1
ОСР
2.5.2.3.
Provisions have been made for incentives for the development of a historical and architectural reference plan (where no such plan is available, new construction and retrofitting are prohibited within historic areas, and in the absence of approved boundaries of historic areas – they are prohibited over the entire territory of historic populated areas)
2.5.2.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law on stimulating the development of a historical and architectural reference plan (which provides for amendments to the Land Code of Ukraine, the Laws of Ukraine On the Protection of Cultural Heritage, On the Regulation of Urban Development Activities, On the State Land Cadastre), which
1) imposes a moratorium on construction (including reconstruction), approval of design documentation and issuance of permits for earthworks and construction works in the historic areas of historic population centers until the approval of the historical and architectural reference plan, which includes the legal conditions of usage of historic areas of population centers and the boundaries and conditions of usage of cultural heritage site conservation zones, which are approved in accordance with the established procedure by the relevant research and design documentation, and in case of absence of approved boundaries of historic areas and that these boundaries are not drawn in situ - on the entire territory of historic population centers;
2) prohibits the development, approval and adoption of land management projects in historic population centers without an approved historical and architectural reference plan, which includes the legal conditions of usage of historic areas of population centers and the boundaries and conditions of usage of cultural heritage site conservation zones, as well as prohibits the development, approval and adoption of land management projects which do not establish and do not draw in situ the boundaries of cultural heritage site conservation zones - until these boundaries are drawn in situ
Ministry of Culture and Information Policy of Ukraine
The measure has not been implemented
Not implemented
0%
0 /
1
0.0%
4.1
ОСР
2.5.2.4.
A law has been adopted, which clearly defines the content and scope of powers of cultural heritage protection authorities and restricts the application of the principle of tacit consent in matters of cultural heritage protection
2.5.2.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law defining the substance and scope of powers of cultural heritage protection authorities (which involves amending the Civil Code of Ukraine, the Laws of Ukraine On the Protection of Cultural Heritage, On Local Self-Government in Ukraine, and other legislative acts), which:
1) minimizes the discretionary powers of the cultural heritage protection authorities; in particular, the right of the cultural heritage protection authorities to act in a certain way has been substituted with the obligation to take measures in the event of a violation of landmark conservation laws or a threat to a cultural heritage site, measures towards conservation of landmarks, elimination of risks of their destruction, and holding violators accountable for violations of landmark conservation laws; 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) stipulates that it is impossible to receive cultural heritage protection services by tacit consent, and instead provides for effective procedures for contesting any omissions to act on the part of the relevant authorities in matters of providing administrative services and issuing permits relating to cultural heritage protection;
3) provides for liability of officials of the cultural heritage protection authorities for failure to act and failure to perform duties relating to cultural heritage conservation (failure to issue directives or improvement notices, failure to act independently by taking measures towards preservation of landmarks, failure to hold violators accountable for failing to conclude a conservation agreement, failure to impose financial sanctions, etc.) in the form of compensation of harm inflicted upon a cultural heritage landmark; disciplinary liability (a reprimand and dismissal for failure to perform official duties), prohibition from occupying positions with government agencies or local self-government bodies for a specific term; the list of violations entailing dismissal has been established;
4) provides for the mandatory publication of information about all measures taken, decisions made, permits issued, approvals and directives issued with respect to a cultural heritage landmark by cultural heritage protection authorities on the official website of the Ministry of Culture and Information Policy (stating the date and agency) and in the electronic register of cultural heritage landmarks (grouped by landmark) — for the purposes of public control and prevention of any rollback of decisions made or measures taken due to factors of corruption;
5) provides for a clear procedure of the transfer of a landmark and involuntary buyout of a landmark, aligns the provisions of the Civil Code of Ukraine and the Law of Ukraine On the Protection of Cultural Heritage, and stipulates that a cultural heritage landmark that has been bought out shall pass into public ownership (landmark of national significance) or into the ownership of the territorial community (landmark of local significance);
6) adds clarity to the provisions under which the Ministry of Culture and Information Policy exercises control over performance of duties by local cultural heritage protection authorities, particularly the obligation to annually publicize the reports of these authorities and the measures taken based on the findings of such reports (as a response of the Ministry of Culture and Information Policy to such reports), as well as provides for the publication of such reports on the official website of the Ministry of Culture and Information Policy.
Ministry of Culture and Information Policy of Ukraine
The measure has not been implemented
Not implemented
0%
0 /
1
0.0%
5.1
ОСР
2.5.2.5.
Revisions have been made to the list of administrative and other services pertaining to cultural heritage protection that are provided (in particular, by cultural heritage protection authorities) in connection with urban development activities, in order to simplify the procedure of receiving such services, particularly by introducing such services in electronic form
2.5.2.5.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing amendments to select legislative acts pertaining to the provision of administrative and other services relating to the preservation of cultural heritage, which:
1) defines a clear list of administrative services provided by cultural heritage protection authorities and segregates these kind of services from permitting procedures and other services relating to the conservation (protection) of cultural heritage (clear lists of such procedures/services have been established);
2) defines the powers (in the form of an obligation and not the right to act in a certain way) and functions of the cultural heritage protection authorities; defines the list of documents relating to each administrative service, which have to be submitted, and grounds for making a favorable decision and grounds for denial;
3) establishes clear procedures of permit issuance and provision of other services relating to conservation (protection) of cultural heritage, the procedure for reviewing documents and issuing a response (permit, approval, endorsement, denial), as well as a clear procedure for issuing the relevant responses, specifically with the establishment of time frames for processing of documents, the list of documents to be submitted in order to receive a permit, approval, or endorsement, a list of conditions to be met in order to receive a permit, approval, or endorsement, and the grounds for denial, as well as liability of officials for failing to respond within the prescribed term;
4) stipulates that failure to adhere to the time frame for reviewing applications for approvals and permits and issuing other responses shall entail liability for officials of cultural heritage protection authorities and compensation of damages/harm, while precluding the automatic issuance of a permit or approval or other favorable outcome of the review of documents upon the expiration of the time frame allocated for the review of such documents;
5) imposes personal liability on a person for failing to adhere to time frames for providing administrative services and permit issuance procedures in matters of cultural heritage protection: compensation of harm caused to cultural heritage; indemnification of the applicant for damages, disciplinary liability;
6) ensures the electronic form of all administrative services, permit issuance procedures, and other services pertaining to cultural heritage protection.
Ministry of Culture and Information Policy of Ukraine
The measure has not been implemented
Not implemented
0%
0 /
1
0.0%