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The Law “On Regulation of Urban Development” Envisages Actual Responsibility of Government Officials for Their Illegal Decision


Iryna Kuzina,  Attorney at law, Head of Kharkiv office at Ilyashev & Partners Law Firm
Source: The Yurydychna Praktyka

The Law of Ukraine “On amendments to some legislative acts of Ukraine on the decentralization of powers in the field of architectural and construction supervision and improvement of urban legislation”, which provides for the transfer of functions and a part of powers regarding the state architectural and construction supervision from the State Inspectorate of Architectural and Construction Supervision of Ukraine to local governments and local executive authorities, became effective this month.

Will it be easier for the developers to carry out their activities – Iryna Kuzina, attorney at law, Head of Kharkiv office of Ilyashev & Partners Law Firm, told the Yurydychna Praktyka:

“The main idea of ​​the law was to transfer the powers of the state architectural and construction supervision inspections (hereinafter, the ACS) “to the local level”. It eliminates system contradiction and is more logical, because during exercise of discretionary powers the structural units of one district state administration or executive committee of the local council interact more effectively, decisions are made faster and in a coherent manner. After all, they also coordinated the project documentation. Thus, decentralization will have a positive effect on the issuance of building permits, ACS over construction, putting the completed facility in operation. Surely, if local corruption risks are not higher. However, the state does not leave these risks uncontrolled.

The centralized state supervision in the sphere of ACS remains the responsibility of the chief construction supervision inspectors, who will examine, in particular legality of decisions of the ACS agencies. The chief inspectors have quite broad powers of response – from orders to eliminate certain violations during the construction works, to suspension or cancellation of decisions of the approval authorities and initiation of dismissal of officials, deprivation of the officials of entities of the right to carry out certain activities. Thus, we for the first time see the procedure for actual responsibility of officials for their illegal decisions in the law “On regulation of urban development”.

The law more clearly regulates certain aspects of some procedures:

– terms of issue of technical specifications are reduced, term of putting the object in operation is established;

– autonomous engineering support is now permitted by the decision of the client (it will help to save energy resources);

– grounds for cancellation, return of declarations in construction are limited;

– the list of documents for obtaining construction permit is adjusted;

– the pre-trial procedures of appeal against decisions of licensing authorities in the field are settled.

The law also establishes responsibility for violations in the construction, procedure for demolition of illegally constructed objects by the court order, regulates financing and compensation for the cost of such works by the wrongdoing developer. In general, the law was adopted not only “for the sake of developer”, but also “against the unscrupulous developer”.

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