The new draft law No. 5655 “On Amendments to Certain Legislative Acts of Ukraine on Reforming the Sphere of Urban Development”, allegedly designed to reform the urban development sphere, may lead to the fact that it will no longer be possible to stop a developer who received permission in a corrupt way at the construction stage. Georgy Mogilny writes about this in an article for ZN. UA " Why in the battle for urban reform they became enemies of the village and the city?

The author notes that currently there is a wide range of violations for which it is possible to cancel a building permit and stop illegal construction.. Among such grounds are violation of the requirements of urban planning documentation (GD), urban planning conditions and restrictions (GUO), building codes (for example, for exceeding the population density or lack of parking), an approved project.

“Bill No. 5655 provides for the possibility to cancel the right to build for the reasons listed above, only in the event of a significant violation of the project for which the permit was issued. For violation of the State Duma, MOU or DBN, only fines are provided for the designer and experts without consequences for the illegal construction itself, ”adds Mogilny.

By the way, the NAPC made recommendations to eliminate this shortcoming, but they were ignored..

Local self-government bodies are losing the tools to stop construction in violation of the State Duma and the GDO, the permit for which was issued under the corruption scheme of the State Architectural and Architectural Institute and GIAM, therefore, the opportunity to protect the interests of territorial communities disappears. This is especially critical for large cities, where there are traditionally a large number of objects with such violations..

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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 scandalous 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..