The authors of the scandalous bill No. 5655 “On Amendments to Certain Legislative Acts of Ukraine on Reforming the Sphere of Urban Development” focus on the ability of local governments to independently, without a court decision, make a decision to dismantle or rebuild unauthorized construction, which should overcome chaotic development. Georgy Mogilny writes about why this mechanism is ineffective and will lead to disaster in an article for ZN. UA " Why in the battle for the reform of urban planning have become enemies of the countryside and the city"

The author notes that local governments will indeed be able to make the above decisions on the demolition and restructuring of unauthorized construction, but only for the most arrogant unauthorized construction without permits.. After all, a decision to recognize an object as unauthorized construction is not allowed if property rights and / or encumbrance of rights are registered in relation to the construction object or its part in the manner prescribed by law..

The author of the article recalls that in August BP adopted the Law of Ukraine “On guaranteeing rights to real estate objects that will be built in the future”, which establishes automatic registration of special property rights to future construction objects upon obtaining the right to build: obtaining the right under the simplified RFP No. 5655.

And making a decision on demolition without a court decision is not demolition without a court decision.. The decision of the MLA on dismantling is not final and can be appealed in court. So there are no significant changes, the only question is who will file a lawsuit to resolve the demolition issue, and you can do without a court only if the developer himself allows you to demolish your squatter.

“The mechanism promised by the authors of the bill for a quick solution to the problem of unauthorized construction, in fact, does not fundamentally differ from the existing procedure, which has demonstrated its inefficiency, therefore, the CHI does not have any effective mechanisms to combat illegal construction,” summarizes Mogilny.

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On December 14, the Council, with a minimum number of votes - 228 out of the required 226, adopted the draft law as a whole, authored by the head of the Servant of the People party, Elena Shulyak. As ZN warned. UA, the vote passed without discussion. The mono-majority managed to push through the controversial bill thanks to the deputies elected from the now banned pro-Russian “Opposition Platform – During Life”, in particular, Nestor Shufrich and Alexander Kachny. It should be noted that the petition on the website of the President’s office on vetoing the bill gained 25,000 signatures in just one day, which are necessary for Zelensky to consider it..

In turn, the National Agency for the Prevention of Corruption stated that the Verkhovna Rada Committee did not fully adhere to the recommendations provided.. In particular, the NAPC emphasized that the law actually introduces “the principle of tacit consent to restore the right to perform preparatory or construction work by the customer / general contractor in the event of, for example, intentional, for the purpose of obtaining illegal profits, failure to fulfill their duties by an authorized person of the town planning control body”. At the same time, the main drawback of the draft law in the NACP is the lack of openness in its development in violation of the principle of transparency and consideration of public opinion..