The National Agency for the Prevention of Corruption (NAPC), after reviewing the finalized version of draft law No. 5655 on the reform of urban planning activities, assessed it as inconsistent with the anti-corruption strategy and recommends finalizing the draft law.
“According to the anticorruption strategy for 2021-2025 the priority spheres for introduction of anticorruption measures are determined, in particular construction, land relations and infrastructure. The problems in this area are determined, among others, by the imperfection of the existing instruments of control and lack of transparency in the construction processes. After reviewing the finalized version of the draft law, it was found that the proposed wording does not solve the problems identified and is therefore not consistent with the anti-corruption strategy,” – said deputy chairman of the NACP Andriy Vishnevetskiy in a letter to the specialized committee of the Verkhovna Rada, the agency “Interfax-Ukraine” got acquainted with.
Thus, the comments and recommendations of the NAPC among other things noted that the bill number 5655 does not provide a mechanism for remedying violations of the law identified through the implementation of supervision, there are no sanctions for the objects of supervision in the case of violations and it is not indicated how these violations must be resolved. There is also no procedure for cancellation of the right of construction obtained on the basis of submitted documents that contradict the urban planning legislation. That is why it is suggested to provide for a procedure of termination of the right for construction and annulment of permits in case of violation revealed by the supervisory authority.
The draft law No. 5655 suggests supplementing the law “On regulation of town planning activity” with new Article 383 and stipulating that a construction object constructed or under construction in violation of restrictions of land use cannot be considered as unauthorized construction if such restrictions are not stated in the town planning conditions and restrictions and/or are not included into the State Land Cadastre.
“The above circumstances practically legalize construction in violation of restrictions on land use. Regarding the availability of information about the restrictions of land use in the State Land Cadastre it should be noted that the information entered in the State Land Cadastre is incomplete, is in a state of creation and may not contain data about a particular plot of land,” reads the comments.
In this case NAPK recommends to provide as a reason for refusal to grant urban conditions and restrictions (UZK) inconsistency of data and information in order to obtain UZK to the requirements of urban planning documents, and during the development of projects and examination to establish compliance with the requirements of urban planning documents at the local level. In addition, NAPC filed a number of other proposals.
