Scandalous bill on urban planning reform is put up for second reading: officials praise it, the public is alarmed

13 December 2022, 13:29 | Economy
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Scandalous draft law No. 5655 on reforming the sphere of urban planning, which can create unprecedented opportunities for developers to abuse, is submitted for second reading. This follows from the card of the bill, which shows that on December 12, the deputies were provided with a comparative table for the second reading..

The fact that this bill is entering the final stage can also be assumed, given the activity in the information space of both those who are ready to act as its lobbyist, and sounding the alarm because of the unprecedented opportunities for developers to abuse identified in the project.

Among those who advocated the adoption of the bill, one of the initiators of the project, a deputy from the "

As follows from the words of Shulyak, the deputy is concerned about the opaque conditions of urban development in Ukraine.

"

The Minister of Digital Transformation Mikhail Fedorov also supported the bill..

" For the first time at the level of law, it removes officials from decision-making, automating them based on transparent algorithms and checking data in other registers and cadastres. If all the documents are in order, the application will be automatically registered, without any contact with officials,"

At the same time, as can be seen from the statements of the opponents of the bill, it is the lack of control of developers that worries them most of all..

Thus, the Association of Cities is sounding the alarm because of bill 5655 and explains why it cannot be allowed to be passed, since according to this document, the rights of local self-government are limited.

Among the numerous comments and suggestions, the Association of Ukrainian Cities noted that the draft law No. 5655 must be finalized for:.

introduction of liability of administrators of the electronic system for the timing of the provision of services, for the falsity of the data entered by them and for the failure to provide services at all;

exclusion of provisions regarding private authorized persons from urban planning control, because the project provides for the transfer of the functions of the state and local self-government to business structures. This puts some economic entities in a privileged position in relation to others, which contradicts part two of Article 5 and part four 13 of the Constitution of Ukraine;

demonopolization of the right to sign the head of the urban planning authority, because this will stop all processes in any community, especially in a million-plus city;

creating opportunities to stop spontaneous construction;

compliance of project norms with the Civil Code of Ukraine.

The edition " In particular, the bill allows you to build any skyscrapers anywhere. Even in the courtyard of other skyscrapers.

Also, local authorities were deprived of the authority to manage in their own cities due to the destruction of the decentralization of power..

The publication also notes that the bill should have been considered on December 1, but Bankovaya slowed down the project after the devastating conclusion of the National Agency for the Prevention of Corruption. According to the NACP, numerous novelties of the bill are aimed at the complete destruction of any effective liability of developers for unauthorized construction.

But it didn't change anything. According to Our Money, the bill is scheduled to be put to a final vote this week..

" Due to the invasion, the topic was removed from the agenda. But in the fall of 2022, construction lobbyists have stepped up again..

The new schema looks like this. If a developer wants to put up a skyscraper in the courtyard of your house or near the Motherland monument, then it is enough for him to get urban planning conditions and restrictions (MUO) for this site from one official for a small price.. Anything can be written in this piece of paper, even if the city council by its decisions forbids building something there. Further, the developer with this piece of paper begins to build his skyscraper.

At the bureaucratic level, the bill was subjected to crushing criticism in the Main Legal Department of the Verkhovna Rada. Parliamentary lawyers directly pointed out that "

Anna Kiriy, Deputy Chairman of the Architectural Chamber of Ukraine, spoke on behalf of the architectural community, who called the bill 5655 a reform of hail rape.



Mayors of cities at hearings within the walls of parliament publicly and non-publicly spoke to people's deputies about the dangers of their initiative, noting that Elena Shulyak continues to push the interests of large developers.

Even the Servant of the People faction disagreed. Anna Bondar, head of the town planning committee, spoke out sharply against the bill, saying that the risks of reducing the quality of construction are becoming even more serious, and people buying housing will be hostages.

In addition, a few days before the vote, the National Agency for the Prevention of Corruption managed to sort out the next corruption risks in the new version 5655.




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