Bill 5655 may still be covenanted or "

04 January 2023, 16:37 | Policy
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Although President Volodymyr Zelensky missed the constitutionally fixed deadline for vetoing the scandalous bill No. 5655 “On Amendments to Some Legislative Acts of Ukraine on Reforming the Sphere of Urban Development”, the bill will not receive the status of law and will not enter into force until it is signed, he said in a comment. UA Executive Director of the Association of Cities of Ukraine Oleksandr Slobozhan.

“Indeed, according to Article 94 of the Constitution of Ukraine, the president has fifteen days after receiving it to sign or veto. At the same time, the same article determines that the law enters into force no earlier than the day of its publication.. The official publication is the publication of laws signed by the President exclusively in the " Therefore, without the signature of the President of Ukraine, the law cannot enter into force in any way,” he commented on the situation around the bill..

At the same time, Slobozhan recalled that there are a large number of precedents when previous presidents of Ukraine vetoed bills much later than the deadline of 15 days and returned the drafts to the parliament for revision..

He cited examples such as:.

Draft Law of Ukraine dated 04. 02. 2016 No. 4024 (travel benefits) - the President of Ukraine received it for signature on 23. 02. 2016 and vetoed 04. 04. 2016 and returned to Parliament.

Draft Law of 29. 01. 16. No. 3803-1 (on vocational education) - the president received it for signature on 09. 02. 2016 and vetoed 18. 03. 2016.

“In fact, there are many such examples for different presidents.. Moreover, more than twenty laws, long voted by the Verkhovna Rada of Ukraine, were never signed by the president (we are talking about previous presidents), which means they never entered into force.. Yes, this is not in the Constitution of Ukraine, it is not in the laws, but it exists in life. When the main thing is to reach a consensus of all branches of government and society. As is actually the case with law 5655,” added the director of the ASU.

At the same time, he noted that it is not known when the law was received by the president, although, according to this website of the Verkhovna Rada, it was sent to the OPU on the day it was adopted..

“The president definitely has a backlash in time to improve the situation. Therefore, it is important today that the President of Ukraine does not sign the draft law No. 5655, and therefore his position is common with local government, with the professional environment and with the residents of the communities,” Slobozhan added..

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On December 13, the Verkhovna Rada with a minimum number of votes - 228 out of the required 226 - adopted in general a draft law authored by the head of the Servant of the People party Olena 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 - For 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 a 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..

How draft law No. 5655 affects the rights of territorial communities, whether it provides mechanisms to counteract compulsory medical insurance against illegal construction and whether it helps to overcome corruption within the communities themselves was analyzed by urban planning expert Georgy Mogilny in the article " Why in the battle for the reform of urban planning have become enemies of the countryside and the city"




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