No modern city comfortable for living can appear without high-quality preliminary planning through the development of urban planning documentation (MD). And the most important part of such documentation is detailed plans of the territory, in particular, in Europe without DPT there can be no building. However, Law No. 5655 “On Amendments to Some Legislative Acts of Ukraine on Reforming the Sphere of Urban Development” proposes to turn Ukraine into anti-Europe in this context, Georgy Mogilny writes in the article “Divide and Conquer”. Why in the battle for urban reform have become enemies of the village and the city" U.A..

Zerkalo Nedeli has already written that it is construction and control over it, with accompanying corruption, that is the surface part of the iceberg that everyone sees and can easily bypass. And illegal and chaotic development is mostly the result of violation of the law in the development and approval of urban planning documentation (MD). At the same time, the system of state control over the legality of the development and approval of MD in the current legislation simply does not exist, which, in fact, leads to the appearance of insane corruption in the CHI.

The author explains that if it is possible to organize the development and approval of a high-quality MD, you can get an ideally transparent and investment-attractive control system in construction, which comes down to monitoring compliance with technological requirements, and it is easy to start legal construction and identify brazen violations.

However, there are several types of MD at the local level with different levels of detail - integrated plans, master plans, zoning and detailed area plans (DPT). And it depends on the size of the settlement what type of MD can be used to make a decision on construction, ”writes Mogilny.

He suggested considering this on the example of the General Plan of Kyiv, a fragment of the draft of which is shown in the figure below.. Brown color of different shades - these are the territories of multi-apartment residential development.

According to the author, on each site within the residential zone (and these are brown “spots” in the figure, where the same number of people live as in cities like Poltava or Chernihiv) it is possible to build a residential building, but not on its entire area: residential buildings.

At the same time, the only MD that carries out the distribution of the territory and determines exactly where the housing is, and where other objects necessary for a full-fledged life, is the DPT. As the author notes, if there is no DPT, then corruption will always either arise (officials will manually decide which of the land users are allowed to build housing), or everyone will be built up with housing that cannot be provided with infrastructure, because there will be no free land.

“In civilized Europe, the issue was resolved simply: no DPT - no new development. Thanks to this, cities develop harmoniously and there is no corruption in the development. And bill No. 5655 provides for the transformation of Ukraine into a kind of anti-Europe: the possibility of building is tied to the General Plans and the intended purpose of the land in order to maximize the choice of developers. Moreover: according to its provisions, violation of the functional purpose of the territory is not a basis for canceling an illegally obtained permit and stopping construction in violation of the MD,” Mogilny writes..

He notes that local governments leave the exclusive right to engage in territory planning, they do not create any system of control over the legality of the actions of LSGs, thereby opening up an opportunity for corruption, but they create an opportunity for developers to violate this planning without the consent of local officials. At the same time, the CHI is obliged to find, at the expense of the local budget, an opportunity to properly provide the illegally constructed building with all the necessary infrastructure..

But if we are talking about a village or a small town, then such a problem will not arise there - the General Plan for their small territory may have details, like a DPT in a big city, and there is no active housing construction.

“So we got the first reason for the different attitude of villages and cities to RFP No. 5655. The laid down norms make life easier for members of the community building small settlements for themselves and cannot lead to tangible negative consequences.. And for big cities, such an approach is a disaster, which can easily turn the city into an uninhabitable ghetto, and only developers will benefit,” said Mogilny..

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On December 14, the 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 Elena Shulyak. As ZN warned. UA, voting 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 regarding the restoration of 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..