The Business Ombudsman Council provides recommendations to state bodies on the basis of individual cases and in accordance with published systemic reports. Here we have collected information on the implementation status of systemic recommendations only.
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Report name
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Issued recommendations
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Execution status
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Systemic report "Reducing the risk of corruption and attracting investment to the construction industry" |
To set up information and consultation centers at every one of its branch offices to provide assistance to developers, what is a key element in eliminating the risks of rejection when registering notices with minor “technical” errors on the part of the developer. SACI |
Implemented
— comments:
The recommendation was implemented by means of enabling advice with SACI specialists at the administrative service centers on a daily basis. More at the SACI website - http://www.dabi.gov.ua/otrymaty-konsultatsiyu/
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To set up systematic internal oversight and penalize those employees who unreasonably hold up the issuing of permits to developers, as required by current law.
SACI |
Implemented
— comments:
Regulation of the SACI, approved by the Resolution of the CMU No.294 dated 07 September 2014. (as amended by the Resolution of the Cabinet of Ministers of Ukraine No.408 dated 07 June 2017), was amended respectively.In accordance with subpara. 12 of para. 4, SACI initiates holding the officials of supervision objects disciplinary liable. Subpara. 5 of para. 11 stipulates that the Head of SACI reports to the Vice Prime Minister of Ukraine - the Minister of Regional Development, Construction and Residential Services on carrying out SACI plans and tasks assigned thereto, on elimination of violations and shortcomings, discovered during inspections of SACI, its territorial branches, as well as on holding officials liable for committed violations.
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To extend its Inspection Plan, which is published on its official site, with a section that lists the warnings issued to developers during inspections, the reasons for any fines charged, and the results of developers' eliminating violations, without waiting for the adoption of Draft Law No.2418a "On amending the Law of Ukraine 'On the basic principles of state supervision and oversight of commercial activities" to liberalize the system of state supervision and oversight of commercial activities" dated 21 July2015. This Draft Law provides for setting up an integrated, automated state supervision and oversight system that will include inspection schedules for all government agencies and the results of any measures taken. SACI |
Implemented
— comments:
The State Regulatory Service of Ukraine together with the BRDO has launched a pilot module for planning state supervision (control) IAS DNA.
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To draw up and publish its schedule of planned inspections of developers who are licensed to carry out Category IV and V complexity construction works at the SACI website.
SACI |
Implemented
— comments:
Inspection plans are regularly published at the SACI website. http://www.dabi.gov.ua/potochna-diyalnist/ http://www.dabi.gov.ua/wp-content/uploads/2016/09/Plan-perevirok-LU_2-kv-2017-1.pdf
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To bring CMU Resolution No.1396 "On licensing commercial activities related to the erection of architectural objects" dated 05 December 2007, in line with the provisions of the Law of Ukraine "On licensing various commercial activities" by removing contradictions regarding the expiry terms of licenses and the basis for re-issuing thereof.
SACI |
Implemented
— comments:
Amendments were made according to the Resolutions of CMU No.238 dated 10 March 2017 and No.402 dated 7 June 2017.
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To carry out the provisions of Sec. 6, Art. 21 of the Law of Ukraine "On licensing various commercial activities" in recognizing term limited licenses to undertake constructions of Category IV and V complexity objects that were in effect on the date this Law came into effect as now in perpetuity.
SACI |
Implemented
— comments:
Since the recommendation has been issued, no Complaints in this regard have been received by the Council.
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To develop an appeal mechanism against local architecture and construction oversight actions.
Ministry of Regional Development, Construction and Residential Services |
Implemented
— comments:
http://www.dabi.gov.ua/detsentralizatsiya/ 65 newly created state architectural and construction controlling authorities operate locally. In accordance with p. 4 of subpara. 2 of para. 4 of the Regulation, SACI checks the legality of decisions as regards urban development activities adopted by supervisory authorities, as well as in accordance with subpara. 4 of para. 4, cancels or suspends the effect of decisions made by supervisory authorities in accordance with its powers, established by law, that violate legislative requirements as regards urban development activities, with simultaneous drawing up of a protocol in accordance with the Code of Administrative Offenses of Ukraine and subsequent disclosure of such information at the SACI official website; para. 11 stipulates that SACI shall decide on registration or return of the Declaration on object readiness for operation by means of supervision (without a right to register declarations), granting or revoking the permit for execution of construction works (wthout a right to issue a permit), and on refusal to issue a certificate (without the right to issue a certificate).
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To institute an "e-office" for submitting documents to SACI for the purpose of getting building permits.
Ministry of Regional Development, Construction and Residential Services |
Implemented
— comments:
The Order of the Ministry of Regional Development of Ukraine No.166 dated 16 July 2015 "On Amendments to the procedure for functioning of electronic system for implementation of declarative procedures in construction", which introduces access of entities to information on the procedure for implementation of declarative procedures in construction in electronic form via the website of the System: https://e-dabi.gov.ua/
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To institute tacit consent for projects that represent a low level of complexity, in the form of an electronic notice that cannot be rejected by oversight agencies and gives the automatic right to begin construction.
Ministry of Regional Development, Construction and Residential Services |
Implemented
— comments:
The Order of the Ministry of Regional Development of Ukraine No.118 dated 18 May 2017 "On amending the procedure for maintaining the unified register of documents that grant right to perform preparatory and construction works and certify acceptance of fully-construed objects into operation, information on return for revision, refusal to issue and cancellation of indicated documents".
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To introduce check of information that is in state registers without involvement of applicant when preparing licenses to carry out construction works.
Ministry of Regional Development, Construction and Residential Services |
Implemented
— comments:
P. 7 of Art. 12 of the Law of Ukraine "On licensing various commercial activities" has been amended in accordance with the Law of Ukraine dated 26 November 2015 No.835-VIII
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