The authorities explain the need to adopt bill No. 5655 “On Amendments to Certain Legislative Acts of Ukraine on Reforming the Sphere of Urban Development” by the huge level of corruption in construction. However, in fact, the document essentially stops the fight against corruption in this area, while also creating the risk of new schemes, Georgy Mogilny writes in an article for ZN. UA " Why, in the battle for the reform of urban planning, they became enemies of the village and the city”.
The author explains that on issues, the regulation of which significantly changes the new law, the powers of local self-government bodies include the issuance of urban planning conditions and restrictions (MCD) and licensing and control functions in 99 communities that have assumed the appropriate powers (about 40% of construction). For the most part, large cities took over control, because it is not cheap to maintain additional officials at the expense of the local budget.
At the same time, compliance with the law in the exercise of these functions of the MLA is controlled by the State Architectural and Construction Supervision (GASN) body, in which, according to the state leadership, “there is no corruption,” the State Inspectorate for Architecture and Urban Planning of Ukraine (SIAG) established more than a year ago.
The procedure for implementing the SASN in the presence of the Unified State Electronic System in the Construction Sector (EGESS) makes it easy to ensure high-quality supervision, because it provides for scheduled and unscheduled on-site inspections and documentary and cameral inspections of the actions of supervisory facilities according to databases and registers.
Rhetorical question: how can LSGs openly engage in insane corruption through the public EGESB so that all high-ranking officials know about it, and the GIAG defiantly did not fulfill its duties, thereby contributing to corruption? Therefore, the arguments of the lobbyists of RFP No. 5655 as the only way to overcome corruption in construction, according to Mogilny, do not stand up to scrutiny..
“According to them, there is no corruption in the GIAG, and the corruption in the CHI could have been destroyed by the GIAG for a long time under the current legislation. Therefore, the fight against corruption is a convenient slogan, and not the purpose of the adoption of this law,” the author writes..
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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..