Direction 2.5.
Construction, land relations, and infrastructure
5.9%
1 /
17
0.0%
Problem 2.5.3.
The flawed system of state oversight and regulation in the construction sector fosters corrupt practices
5.9%
1 /
17
0.0%
1.1
ОСР
2.5.3.1.
The mechanisms of non-governmental control over the construction of facilities have been improved through designer and technical supervision, independent engineering control, the involvement of accredited laboratories and inspection authorities, and tougher liability of the entities exercising such control
2.5.3.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that defines the list of the most significant violations of legislative requirements, building codes, normative legal acts and/or regulations governing urban development, whose binding nature is established by legislation, for committing which (or allowing them happen) the providers of specific kinds of services (work) involving the creation of architectural properties face mandatory revocation of their qualification certificates for at least three years, in particular for:
1) exceeding the maximum permissible indicators outlined in urban development conditions and restrictions applicable to development of land plots, which includes:
a) exceeding the maximum permissible parameters of the height of the property (in meters), particularly those specified in urban development documentation at the local level;
b) exceeding the maximum permissible density of population within the residential development are of the relevant residential unit (block, neighborhood);
c) designing a construction project that does not match the designated purpose of the land plot according to the Classification of the kinds of designated purpose of land plots, the kinds of functional purpose of territories, buildings, structures and relationships among them, as well as the rules for using the Classification to determine the categories of land and kinds of designated purpose of land plots, which can be established within the boundaries of the relevant functional zone;
d) violation of other land management restrictions;
2) exceeding the maximum number of building stories;
3) understating the class of consequences (liability) of a property in design documentation for construction.
Ministry for Communities and Territories Development of Ukraine
Implementation of the measure has not started
Not started
0%
0 /
2
0.0%
1.2
2.5.3.1.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft resolution of the Cabinet of Ministers of Ukraine that approves the list of the most significant violations of legislative requirements, building codes, normative legal acts and/or regulations governing urban development, whose binding nature is established by legislation, for committing which (or allowing them happen) the providers of specific kinds of services (work) involving the creation of architectural properties face mandatory revocation of their qualification certificates, and, in particular:
1) establishes a clear, exhaustive, and substantiated list of gross (material) violations of legislative requirements, building codes, normative legal acts and/or regulations governing urban development, whose binding nature is established by legislation, for committing which the providers of specific kinds of services (work) involving the creation of architectural properties face mandatory revocation of their qualification certificates, pertaining to each kind of service providers (at least 200 material violations);
2) establishes a clear time frame for revocation of the qualification certificate for each gross violation.
Ministry for Communities and Territories Development of Ukraine
Implementation of the measure has not started
Not started
2.1
ОСР
2.5.3.2.
In order to protect investors’ rights, the procedures for investing and financing the construction of housing projects using private funds raised from individuals and legal entities have been improved by introducing clear mechanisms to ensure that funds are kept safe and used for their intended purpose
2.5.3.2.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law aimed at improving the operations of construction financing funds, which provides for the use of two methods of financial control of the developer — based on the schedule of housing construction and based on the proper spending of funds (funds should be advanced to the developer in accordance with the construction stages, and the developer should be financed by scanning transactions through the developer’s bank account)
Ministry for Communities and Territories Development of Ukraine
Implementation of the measure has not started
Not started
0%
0 /
3
0.0%
2.2
2.5.3.2.2 Preparing and publishing an analytical report on corruption risks associated with the process of investing and financing of construction of residential properties with the use of private funds raised from individuals or legal entities, particularly with respect to the presence of corruption risks in the operations of construction financing funds and real estate transactions funds
National Agency on Corruption Prevention
There is progress in the implementation of the measure
In progress
2.3
2.5.3.2.3 Discussing the conclusions and recommendations outlined in the analytical report indicated in subclause 2.5.3.2.2 with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
National Agency on Corruption Prevention
Implementation of the measure has not started
Not started
3.2
ОСР
2.5.3.3.
Mandatory verification of documentation submitted for the purposes of obtaining permits has been introduced and liability of an official for improper performance of duties in conducting such verification has been established; improvements have been made to legislation establishing criminal liability for offenses in the field of urban development
2.5.3.3.2 Supporting the consideration of the draft law on amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine pertaining to imposition of harsher liability in the urban development sector in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law), particularly the Draft Law of Ukraine On Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine Pertaining to Imposition of Harsher Liability in the Urban Development Sector (registration number 5877 dated September 1, 2021), in the text of which (if adopted in its entirety) the concept of unauthorized construction has been aligned with Article 367 of the Civil Code of Ukraine
Ministry for Communities and Territories Development of Ukraine
Implementation of the measure has not started
Not started
0%
0 /
1
0.0%
4.1
ОСР
2.5.3.4.
The discretionary powers of the architectural and construction control and oversight authorities have been eliminated by defining an exhaustive list of grounds for refusing to issue permits or for cancel permits, issuing improvement notices or imposing sanctions, and the authorities have been obligated to take action (make decisions) prescribed by law if the relevant grounds for doing so exist
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.
Ministry for Communities and Territories Development of Ukraine
Implementation of the measure has not started
Not started
0%
0 /
1
0.0%
5.1
ОСР
2.5.3.5.
The problem of massive counterfeiting of construction materials has been solved by implementing the provisions of EU Regulation No. 305/2011 establishing harmonized conditions for the placing on the market of construction products
2.5.3.5.1 Taking measures to prevent the postponement of the effective date of the Law of Ukraine On the Placement of Construction Products on the Market (if needed)
Ministry for Communities and Territories Development of Ukraine
The measure was implemented on time and in full
Implemented
16.7%
1 /
6
0.0%
5.2
2.5.3.5.2 Monitoring the draft laws proposing amendments to the Law of Ukraine On the Placement of Construction Products on the Market pertaining to the abolishment or narrowing down of the sphere of application of mandatory declaration of product indicators
Ministry for Communities and Territories Development of Ukraine
There is no progress in the implementation of the measure
In progress
5.3
2.5.3.5.3 Preparing proposals regarding approval with reservations / rejection of the draft laws containing the provisions indicated in subclause 2.5.3.5.2
Ministry for Communities and Territories Development of Ukraine
Implementation of the measure has not started
Not started
5.4
2.5.3.5.4 Preparing critical comments and proposals, positions regarding the rejection of the draft laws indicated in subclause 2.5.3.5.2
Ministry for Communities and Territories Development of Ukraine
Implementation of the measure has not started
Not started
5.5
2.5.3.5.5 Supporting the consideration of the draft laws indicated in subclause 2.5.3.5.2 by committees of the Parliament of Ukraine
Ministry for Communities and Territories Development of Ukraine
Implementation of the measure has not started
Not started
5.6
2.5.3.5.6 Preparing proposals regarding the expediency of the exercise of the president’s veto right with respect to the laws indicated in subclause 2.5.3.5.2, which have been passed by the Parliament of Ukraine
Ministry for Communities and Territories Development of Ukraine
Implementation of the measure has not started
Not started
6.1
ОСР
2.5.3.6.
Easy and quick access to utility and transportation infrastructure has been ensured
2.5.3.6.1 Supporting the consideration of the Draft Law of Ukraine On Amendments to Select Legislative Acts of Ukraine Pertaining to the Resolution of Specific Issues of Connection to Utility Networks (registration number 5183 dated March 2, 2021) in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law)
Ministry for Communities and Territories Development of Ukraine
Implementation of the measure has not started
Not started
0%
0 /
2
0.0%
6.2
2.5.3.6.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing amendments to select legislative acts of Ukraine pertaining to the resolution of specific issues of connection to utility networks, which:
1) introduces the “one-stop” procedure for providing services involving connection to networks of all entities that are natural monopolies (supply and distribution of electricity and natural gas, heat supply, centralized hot water supply, centralized water supply and centralized wastewater disposal) in order to minimize interactions between the client and entities that are natural monopolies;
2) establishes a unified procedure for connecting to utility networks and unified approaches to determining the connection fee (the same price for the service involving connection to utility networks of the same kind is established within the same territorial community);
3) defines the procedure for inventorying existing utility networks, according to which the requirements for planning (urban development) documentation can be refined in greater detail simultaneously with the inventory process;
4) establishes that information about utility networks must be reflected in the State Land Cadaster, on the National Geoportal, in the Unified State Electronic System in Construction, the unified electronic urban development cadaster, geospatial information systems of enterprises (other than classified information);
5) provides for the alignment of development plans of specific industries with spatial plans (urban development documentation) by developing industry-specific plans;
6) abolishes “technical specifications” as input data for design, in order to create a favorable environment for investing activities, with the information about available capacity (and prospects of its expansion) and the distance and route to points where capacity is available to be obtained automatically from the unified electronic urban development cadaster, with the simultaneous reflection of this information in the unified electronic urban development cadaster, the Unified State Electronic System in Construction, geospatial information systems of enterprises, and on the National Geoportal;
7) provides for the preparation of engineering documentation on land management with respect to the establishment of buffer zones and reflecting the buffer zones in the State Land Cadaster and the unified electronic urban development cadaster, making adjustments to the zones in accordance with land management documentation depending on the terrain features, the technology used to install the utility networks, etc. (if the draft law indicated in subclause 2.5.3.6.1 is not passed).
Ministry for Communities and Territories Development of Ukraine
Not started
7.1
ОСР
2.5.3.7.
The implementation of a transparent information system for the administration of the State Fund for Regional Development, which reflects the performance of projects and their alignment with regional development strategies, has been finalized
2.5.3.7.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Budget Code of Ukraine, specifically Article 241, by:
1) providing for electronic document management at the regional development fund, specifically exclusively electronic submission of applications (programs and projects);
2) formulating the requirements and criteria for selection of candidates for regional competitive selection committees;
3) introducing a mechanism for involvement of independent experts in the evaluation of projects on conditions of their remuneration for their services;
4) excluding members of the Ukrainian Parliament Budget Committee from the program and project evaluation and selection committee, and stipulating that people’s representatives of any level cannot serve as members of the committee.
Ministry for Communities and Territories Development of Ukraine
Not started
0%
0 /
2
0.0%
7.2
2.5.3.7.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft resolution of the Cabinet of Ministers of Ukraine that proposes amendments to the Procedure for Preparing, Evaluating, and Selecting Investment Programs and Projects of Regional Development that Can Be Implemented Using Funds from the State Fund for Regional Development, approved by the resolution of the Cabinet of Ministers of Ukraine dated March 18, 2015,
No. 196, which are synchronized with the digital system for managing the rebuilding of the transport infrastructure and provide for:
1) the procedure of electronic document management at the regional development fund, specifically exclusively electronic submission of applications (programs and projects);
2) a new procedure for appointing the members of committee, which may not include people’s representatives of any level, but must include independent experts to evaluate projects on conditions of their remuneration for their services;
3) creating registers of statements of work (“technical assignments”) for regional development projects from the current plan of measures towards implementation of the regional development strategy;
4) submitting a project to the electronic portal, cross-referenced to statements of work from the plan of measures towards implementation of the regional development strategy;
5) updated criteria of project evaluation, specifically evaluation of the degree to which the project has achieved quantitative and qualitative benchmarks indicated in the statement of work;
6) definition of the procedure for evaluation and monitoring of the effectiveness of implementation of projects and programs based on their achievement of goals of regional development strategies.
Ministry for Communities and Territories Development of Ukraine
Not started