LAW OF UKRAINE

of October 17, 2019 No. 199-IX

About modification of some legal acts of Ukraine concerning enhancement of procedure for provision of administrative services in the field of construction and creation of Single state electronic system in the field of construction

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Code of Ukraine about administrative offenses (The sheet of the Verkhovna Rada of USSR, 1984, appendix to No. 51, the Art. 1122):

Chapter 12 to add 1) with Article 166-27 of such content:

"Article 166-27. VIOLATION OF THE LAW IN THE FIELD OF PROVISION of ADMINISTRATIVE SERVICES

Violation of procedure for provision of administrative services:

groundless reducing administrative service by the subject of provision, the center of provision of administrative services of time of acceptance of subjects of addresses established by the law;

groundless refusal of the subject of provision of administrative service, the administrator of the center of provision of administrative services in adoption of the statement on receipt of the state service and the documents attached to it;

refusal of the subject of provision of administrative service in provision of the state service in the bases, not established law;

the non-notification or the untimely notification the subject of provision of administrative service of the subject of the address about refusal in provision of administrative service;

collection for provision of the state service any additional, not provided by the law, payments or request for payment of any additional resources;

decision making, creation of the act, issue of the instruction or other document by the subject of provision of administrative service in results of provision of the state service who does not meet legislation standards in the field of provision of the corresponding state service;

violation by the subject of provision of administrative service of term of provision of administrative service;

the non-notification or the untimely notification the administrator of the center of provision of administrative services about receipt of result of provision of administrative service or written refusal in provision of administrative service;

cancellation/cancellation by the subject of provision of administrative service of results of provision of the state service in the bases, not established law;

provision by the subject of provision of administrative service of administrative service which need of obtaining is not established by the law;

failure to provide or untimely provision by the subject of provision of administrative service, the company, organization, the organization which belong to the sphere of their management, on the address of the administrator of the center of provision of administrative services of the documents and information connected with provision of administrative service;

failure to provide or untimely provision by state body, company, organization or organization which belong to the sphere of its management, the having documents or information necessary for provision of administrative service for the subject of provision of administrative service of the documents or information necessary for provision of administrative service;

racketing the subject of provision of administrative service for provision of the state service of the documents/data which are not provided by the law or the Cabinet of Ministers of Ukraine (in cases if according to the law the list of documents for provision of the corresponding state service is established by the Cabinet of Ministers of Ukraine);

groundless refusal of the subject of provision of administrative service, the center of provision of administrative services in consideration of the claim to actions or failure to act of the official authorized according to the law to provide administrative services, the administrator of the center of provision of administrative services, violation of the terms of consideration of such claims established by the law

involve imposing of penalty on officials from two hundred to four hundred free minima income of citizens.

The actions provided by part one of this Article, which are commited by person which within year was subjected to administrative punishment for the same violations,

involve imposing of penalty on officials from three hundred to five hundred free minima income of citizens.

Note. Provisions of this Article are not applied in cases if this Code establishes other responsibility for the corresponding offenses in the field of provision of administrative services";

Article 221 after figures "166-25" to add 2) with figures "166-27";

Paragraph two of Item of 1 part one of article 255 after figures "166-14 - 166-18" to add 3) with figures "166-27".

2. In the Air code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2011, Art. No. 48-49, 536):

3 figures and the word "69, to Articles" to replace 1) in Item of 1 part one of Article with the word and figures of "Articles 69";

Part third of Article 69 to state 2) in the following edition:

"3. Determination of conditions of building (implementation of construction) and use of the earth on aerodrome environs is performed during planning of the territories by development and approval of town-planning documentation according to the Law of Ukraine "On regulation of town-planning activities" taking into account restrictions of use of aerodrome environs (the surfaces of restriction of obstacles, zones of restriction of building under the terms of aviation noise, protective zones of the aeronautical equipment, and also restrictions connected with landing approach and landing in airfield, use of zones for accomplishment of educational and training and other types of flights).

Restrictions of use of aerodrome environs are developed by operators of airfield for each airfield separately. Restrictions of use of aerodrome environs affirm in coordination with local government bodies:

authorized body concerning civil aviation - on aerodrome environs of airfield of civil aviation;

authorized central executive body in the field of the state aircraft - on aerodrome environs of airfield of the state aircraft;

authorized body concerning civil aviation and authorized central executive body in the field of the state aircraft - on aerodrome environs of airfield of joint use.

Bodies which approved restrictions of use of aerodrome environs within 10 calendar days from the date of their approval provide such restrictions to bodies, by authorized to approve town-planning documentation, for accounting in case of development of town-planning documentation.

Requirements to structure, content, forms and procedure for development, approval and approval of restrictions of use of aerodrome environs are established by the Cabinet of Ministers of Ukraine.

Determination of conditions of use of constructions and implementation of the activities determined by part two of this Article (except construction), on aerodrome environs is performed by local government bodies according to the law in coordination with the operator of airfield and authorized body concerning civil aviation";

Part the fourth Article 84 to add 3) with the paragraph the fifth the following content:

"The restriction and prohibition determined by Item 2 of this part are established by determination of planning restrictions in the corresponding town-planning documentation according to the Law of Ukraine "On regulation of town-planning activities".

3. Third of article 46-1 of the Law of Ukraine "About notariate" (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 39, of Art. 383 with subsequent changes) to add part with words of "Single state electronic system in the field of construction".

4. In the Law of Ukraine "About local self-government in Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1997, No. 24, Art. 170 with subsequent changes):

1) in Article 37:

add Item 1 with words "messages on the made decisions on such questions of the administrator of information system of the Ministry of Justice of Ukraine, concerning the name (renaming) of streets, lanes, prospectuses, the areas and so forth - the national operator of mail service, body of maintaining the State register of voters";

add with Item 1-1 of the following content:

"1-1) decision makings about assignment, change, adjustment, cancellation of addresses of real estate units in the cases and procedure established by the Law of Ukraine "On regulation of town-planning activities";

Part third of article 52 after words "mayor" to add 2) with words "(including for the purpose of ensuring provision of administrative services in time, determined by the law)";

Article 53 to add 3) with part two of the following content:

"The powers connected with provision of administrative services are performed by executive committee rural, settlement, city, district in the city (in case of its creation) council in the time determined by the law".

5. "About local public administrations" (Sheets of the Verkhovna Rada of Ukraine, 1999, No. 20-21, of Art. 190 with subsequent changes) to add article 20 of the Law of Ukraine with Items 9 and 10 of the following content:

"9) resolves issues of the name (renaming) of the streets, lanes, prospectuses, areas, parks, squares, bridges and other constructions located outside settlements; notifies on the made decisions on such questions of the administrator of information system of the Ministry of Justice of Ukraine, concerning the name (renaming) of streets, lanes, prospectuses, the areas and so forth - the national operator of mail service, body of maintaining the State register of voters;

10) makes decisions on assignment, change, adjustment, cancellation of addresses of real estate units in the cases and procedure established by the Law of Ukraine "On regulation of town-planning activities".

6. In the Law of Ukraine "About architectural activities" (Sheets of the Verkhovna Rada of Ukraine, 1999, No. 31, Art. 246 with subsequent changes):

1) in Article 11:

the second to state part in the following edition:

"Technical supervision is provided with the customer and performed by persons having the qualification certificate";

add with part six of the following content:

"The obligation on implementation of technical supervision can be assigned by the customer to the specialized organization or the technical supervision specialist or to the consulting engineer, with determination in the works agreement of their powers. Approximate forms of agreements on implementation of technical supervision and of rendering engineering and consulting services affirm as construction the central executive body providing forming of state policy in the field of architecture";

Shall be replaced with words 2) in part two of Article 16-1 of the word "and entering of information about them into the state register of self-regulatory organizations in the field of architectural activities" "it is performed by entering of data on such organization into Single state electronic system in the field of construction";

3) in Article 17:

state the name in the following edition:

"Article 17. The PROFESSIONAL CERTIFICATION of CONTRACTORS (SERVICES) CONNECTED WITH CREATION of OBJECTS of ARCHITECTURE";

the first - third to exclude parts;

the third offer of part five to state in the following edition: "The self-regulatory organization acquires the powers delegated by it / stops to perform the powers delegated by it from the date of entering into Single state electronic system in the field of construction of data on the decision of the central executive body realizing state policy in the field of architecture, about delegation of such powers / the termination of accomplishment of the delegated powers";

the paragraph one of part seven to state in the following edition:

"For holding professional certification citizens submit the application for the admission to holding professional certification in paper form or electronically through electronic office of the user of Single state electronic system in the field of construction or other state information system integrated with Single state electronic system in the field of construction to which are applied";

the ninth - the eleventh to replace parts with eight parts of such content:

"Consideration of the application about the admission to holding professional certification and the submitted documents is performed within ten working days from the date of their obtaining.

If by results of consideration of the application about the admission to holding professional certification and the submitted documents discrepancies of the contractor to qualification requirements and/or unreliable information are revealed, the decision on refusal in the admission to holding professional certification with reasons for causes of failure is made.

In the absence of the bases for refusal in the admission to holding professional certification the decision on holding examination for confirmation of professional specialization, skill level and knowledge is made.

The basis for refusal in issue of the qualification certificate by results of examination is non-confirmation of professional specialization, skill level and knowledge.

To the citizens who passed professional certification the appropriate qualification certificate is issued. Issue of the qualification certificate is performed based on the made decision on issue of the qualification certificate by entering of record into Single state electronic system in the field of construction. The citizens who passed professional certification acquire the rights to accomplishment of the corresponding work types from the date of entering into Single state electronic system in the field of construction of record about the qualification certificate.

The term of holding examination and decision making about issue of the qualification certificate or on refusal in its issue by results of passing an examination cannot exceed one month from the date of receipt of the statement for the admission to holding professional certification and the submitted documents.

The decision on admission/refusal in the admission to holding professional certification, issue/refusal in issue of the qualification certificate is made with use of Single state electronic system in the field of construction and are brought to the attention of the citizens who submitted the application for the admission to holding professional certification by promulgation of the relevant decision on the portal of Single state electronic system in the field of construction and through electronic office of the user of this system (in case of its availability) and/or other state information system integrated with electronic system. The decision on refusal in the admission to holding professional certification according to the address of the citizens who submitted the application for the admission to holding professional certification is provided in paper form.

The decision on refusal in the admission to holding professional certification and refusal in issue of the qualification certificate can be appealed in the appeal commission of the central executive body realizing state policy in the field of architecture or self-regulatory organization in the field of architectural activities (in case of acquisition of the delegated powers by it) and/or judicially. The procedure for creation of the appeal commission of the central executive body realizing state policy in the field of architecture and self-regulatory organization in the field of architectural activities and consideration of claims by it is determined by the Cabinet of Ministers of Ukraine according to the procedure of professional certification".

With respect thereto the twelfth - the fifteenth to consider parts respectively parts of the seventeenth - the twentieth;

the seventeenth to add part with the second offer of the following content: "Data on observance of these requirements are entered into the Single state electronic system in the field of construction";

regarding the eighteenth to exclude the words "can carry out separate work types (services) connected with creation of object of architecture without the corresponding license";

the nineteenth to replace part with three parts of such content:

"The persons who received certificates in the direction of professional certification in the certification bodies of personnel accredited according to the Law of Ukraine "About accreditation of conformity assessment bodies", and included in Single state electronic system in the field of construction are equated to the contractors who passed professional certification according to this Article.

Certification bodies of personnel within three working days from the date of issue of appropriate certificates send electronically the list of persons who received such certificates to the central executive body providing forming and realizing state policy in the field of construction, architecture, town planning.

The central executive body providing forming and realizing state policy in the field of construction, architecture, town planning no later than the next working day from the date of receipt of the list of persons who received certificates in certification bodies of personnel enters the corresponding data into the Single state electronic system in the field of construction".

With respect thereto the twentieth to consider part part twenty second;

in part twenty second of the word "Form of the Qualification Certificate, Procedure" to replace with the word "Procedure";

add with parts of the twenty third and twenty fourth of the following content:

"The procedure for deprivation of the qualification certificate is determined by the Cabinet of Ministers of Ukraine according to the procedure of professional certification.

The payment for holding professional certification is enlisted in the income of the Government budget of Ukraine, except cases of holding professional certification based on the delegated powers by self-regulatory organizations in the field of architectural activities";

To exclude 4) in part two of Article 20 of the word "with subjects of business activity which have the license for accomplishment of separate types of economic activity in construction or";

Paragraph two of part one of Article 27 to replace 5) with two paragraphs of such content:

"charge accomplishment of separate work types (services) connected with creation of objects of architecture to persons who have the appropriate qualification certificate or received the certificate in the direction of professional certification in the certification bodies of personnel accredited according to the Law of Ukraine "About accreditation of conformity assessment bodies" and are included in Single state electronic system in the field of construction;

charge accomplishment of construction of facilities which on class of effects (responsibility) belong to objects with averages (CC 2) and considerable (CC 3) effects, to subjects of managing which have the corresponding license".

With respect thereto third - the seventh to consider paragraphs respectively paragraphs the fourth - the eighth.

7. Part the tenth article 66 of the Law of Ukraine "About land management" (Sheets of the Verkhovna Rada of Ukraine, 2003, No. 36, Art. 282; 2014, 17, the Art. 588) to add No. with the words "and works with Single state electronic system in the field of construction".

8. In the Law of Ukraine "About financial and credit mechanisms and property management in case of construction of housing and real estate transactions" (Sheets of the Verkhovna Rada of Ukraine, 2003, No. 52, Art. 377 with subsequent changes):

Part the second articles 9 after the words "shall contain" to add 1) with the words "the construction object identifier in Single state electronic system in the field of construction (for objects to which the identifier to the conclusion of the agreement is appropriated) and";

In paragraph nine of part five of Article 14 of the word of "technical characteristics" shall be replaced with words 2) "technical characteristics, the construction object identifier (for objects to which the identifier to the conclusion of the agreement is appropriated)";

The paragraph the fifteenth to state 3) to part four of Article 19 in the following edition:

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