Key Benefits:
Concerning amendments to some laws of Ukraine on the well-being of settlements
(Information of the Verkhovna Rada of Ukraine (VR), 2013, No. 8, pp. 75)
{With changes under the Act
No. 1197-VII of 10.04.2014 , BBR, 2014, No. 24, pp. 883}
Verkhovna Rada of Ukraine Orders:
I. Amend the laws of Ukraine to be amended:
1. In "Local Government in Ukraine Law". (Information of the Verkhovna Rada of Ukraine, 1997, No. 24, p. 170 with the following changes):
1) in the "and" parts of the first article 30:
In sub-item 4, the word "parking" is replaced by "public cleaning, parking and parking spaces";
In sub-item 7 of the words "production areas", replace the words "settlements";
Add sub-paragraph 17 of this content:
"(17) The issuing of consent for the violation of objects by the grace in cases and the manner prescribed by the law";
(2) Paragraph 1 of part of the third Article 43 is excluded.
2. In The Law of the Republic of Ukraine "On the Welfare of the People" (Information of the Verkhovna Rada of Ukraine, 2005, No. 49, pp. 517; 2008, No. 48, pp. 358; 2010, No. 5, pp. 41; 2011, No. 34, pp. 343; with changes made by the Law of Ukraine of 22 December 2011 No. 4220-VI):
1) in the part of the first article 1:
in a paragraph of the third word "general use", replace the words "the well-being of settlements";
The fifth paragraph of the article reads as follows:
" street-road network-is designed to travel vehicles and pedestrians, network streets, roads, inroads, and other roadways, sidewalks, hiking and bicycle lanes, embankments, venues, squares, and car parks and venues. to park vehicles with engineering and support facilities, technical means of road traffic; "
Complement the paragraph by the seventh such content:
"green tingling is wood, shrubland, flower and herbal vegetation of natural and artificial origin on the designated area of the population";
(2) Paragraph 3 of the first article 2, after the words "realization of rights", complements the words "and execution of duties";
(3) Paragraph 4 of the first article 7, after the words "elaboration", complemented with the words "and approval";
(4) Part of the first article 9 to complement paragraph 4 of this content:
"(4) Participation in the annual All-Ukrainian competition" Human settlements and public order support ";
(5) Article 10 of the Board of Editors:
" Article 10. The powers of rural, village and city councils and their executive bodies in the sphere of the well-being of settlements
1. To the authority of rural, village and city councils in the sphere of the welfare of settlements is:
(1) The approval of local programmes and measures for the well-being of settlements;
(2) To approve the rules for the well-being of settlements;
(3) To create in the event of the need of bodies and services to ensure that it is shared with other subjects of communal property of the welfare of settlements, the determination of the authority of these bodies (services);
(4) The definition of competitive establishments of enterprises, institutions and organizations (balance sheets) responsible for the maintenance of facilities of a well-being.
2. To the authority of the executive organs of rural, village, city councils is owned by:
(1) Ensuring the execution of local programmes and the exercise of measures for the well-being of settlements;
(2) Organization of the provision on the territory of the settlement of purity and order, adherence to the silence in public;
(3) To organize vacation places for the population;
4) approving the schemes of sanitary cleaning of settlements and the introduction of spatial harvesting systems;
5) to implement self-governing controls as well as to ensure the areas of settlements, engineering and facilities, enterprises, institutions and organizations for parking facilities (including the payment of services to the public sector). Use of facilities for the paid parking of vehicles), the landscaping of such areas, protected of green plantations, water facilities, etc.
(6) Identification of parking facilities and parking facilities for parking facilities;
(7) Identification of the schedules of the external lighting of the territory;
8) identification on the facilities of the well-being of places of public housing;
9) The involvement of contractual funds and material and technical resources of legal and physical persons for the exercise of the welfare of settlements;
(10) To determine the extent of rations for the owners of the temporary structures of trade, domestic, social and cultural or other purpose in the building of the gospel;
(11) The determination of the prescribed size of the resettlement size by legal and physical persons for environmental pollution and other environmental damages caused by violations of legislation in the area of the welfare and protection of the natural environment;
(12) Informing the population to take action on the welfare of settlements;
13) to participate in the annual All-Ukrainian competition "Human settlements and public order support";
(14) The issuing of authorization for the violation of objects by the grace in cases and the order stipulated by the Act ";
(6) The text of Article 15 is set out in such an editorial:
" 1. Public authorities and local governments may form enterprises to hold the facilities for the well-being of public and communal property. In the absence of such enterprises, the authorities and local governments within their authority determine the competitive basis according to the law of the balance sheets of such facilities.
The balance sheet, which shall be carried out and repair the facility of the welfare facility, which is privately owned, determines the owner of such a well-being.
2. The enterprise and the balance sheet provide proper maintenance and timely repair of the facility by the well-being of its own or can attract other enterprises, institutions and organizations for the competitive basis.
3. The state authority or the local government authority for the representation of an enterprise or balance sheet shall approve measures to hold and repair the object of the welfare of public or communal property the following year and provide funds for Take these steps. The state authority and local government body, the enterprise and the balance sheet are responsible for the execution of approved measures in its entirety.
4. The master of the temporary structure of a trade, domestic, social and cultural or other purpose located on the territory of the welfare of public and communal property is required to ensure the proper maintenance of the adjacent to the temporary The structure of the territory or may participate in the trimanence of this facility by the grace under the terms of the contract signed with the enterprise or the balance sheet.
A typical treaty with respect to a good participation in the trimanate object of the well-being is approved by the central executive body on housing and communal matters.
5. The owner of the object is well-established with respect to the objects of private property, the authority organ and the local self-government for the facilities of the welfare of state and communal property according to the legislation, which provides for the establishment of an object Well, I'm sorry, I'm a good social
The public education tariffs are set up by local government authorities according to the order of the formation of these tariffs approved by the Cabinet of Ministers of Ukraine ";
(7) In part of the second article 17:
Item 1 of the Board of Editors:
"(1) Keep in the proper state of the well-being (parts) of their property or use, as well as defined by the rules of the well-being of the inhabited area of the adjacent area to the area";
Complement paragraph 5 of this content:
"(5) To allow for the facilities of the welfare of their property or use, emergency rescue and other services to take measures to prevent and eliminate the effects of the emergency and technological and natural nature of the emergency";
8) in the part of the second article 18:
Item 1 of the Board of Editors:
"(1) Keep in the proper state of the well-being (parts) of their property or use, as well as defined by the rules of the well-being of the inhabited area of the adjacent area to the area";
Paragraph 5 shall be complemented by the words "carried out in the order approved by the central body of the executive authority on housing and communal matters";
Complement paragraph 8 of this content:
"(8) to allow for the facilities of the welfare of their property or use, emergency rescue and other services to take measures to prevent and eliminate the effects of the emergency and technological and natural nature of the emergency";
(9) The paragraph of the first part of the first article 21 is set out in such an editorial:
" 1. Elements (parts) of the objects of the gospel are ";
In part of the first word "technical", replace the word "engineering";
In part of the second word "and projects of the construction of residential areas, microdistricts (neighbourhoods)" to exclude, and after the word "exploitation", add to the word "searchlights";
(11) In the paragraph of the third part of Article 24, the word "and" shall be replaced by the word "or";
(12) complement of articles 26 - 1 , 28 - 1 , 28 - 2 and 30 - 1 such content:
" Article 26 - 1 . Authorization for the breach of object
1. Violations of the object of the gospel, related to the implementation of the entities of the household and repair works, shall be carried out on the basis of permission for violations of the welfare of the executive body of the village, village, city council (hereafter-permission), other than the cases set forth by the paragraphs in the second-fourth part of the first of this article.
Permission to violate facility facilities is not required if earthly and repair work are carried out:
Persons who have a document that will address ownership or right of use of land, including the right of land service;
In the composition of the preparatory or construction work, the right to perform which is formalized in the established law.
Work on the removal of the effects of accidents on the objects of a well-being will begin immediately with the mandatory follow-up to the order specified by the law.
2. The list of earthworks and repair works for which a permit is required is set in the Model Order for issuing permits for objects of grace or failure in their issuing, redesign, issuing of duplicates, annulment of permits (Next-The default order), which is approved by the Cabinet of Ministers of Ukraine.
3. Order of issuing permits or abandonment in their issuance, redesign, issuing duplicates, the annulment of permits is approved by the decision of the respective rural, village, city council on the basis of the Model Order approved by the Cabinet of Ministers of Ukraine.
In the case of the relevant rural, village, the city council is not made such a decision, the default order is applied, approved by the Cabinet of Ministers of Ukraine.
4. Issuance of permission, redesign, or issuing of duplicate authorization shall be made free of charge.
5. The permission is issued within ten working days from the day of registration.
The expiration date is determined by the terms of the work and cannot exceed one year.
6. The refusal of issuing permission is issued to the applicant in writing with the appropriate rationale in the lines predicted for issuing permission.
The basis for failure in issuing permission is:
Submission by the subject of the master of the incomplete package of documents required for approval by the listed list;
The disparity of the submitted documents to the requirements of legislation
detecting untrusted information in the submitted documents.
A failure in issuing permission can be challenged in the prescribed order.
7. In the case of the established part of the fifth of this article, no permission was issued or refused in its issuance, the right to be executed on the object of the well-being of earthage and repair works on the tenth working day from the day of the end of the specified row, and permission granted. is considered to be issued.
8. Permission may be revoked by the executive body of the respective rural, village, city council, in the case of:
The representation of the person who received the permission, the allegations of his annulment;
The availability of a legal entity or enterprise activity is an entrepreneur that has been granted permission.
9. In the case of the right to object of the welfare and repair facilities of the other person, the permit is to be redecorated. The redesign of the permit does not stop the execution of the work.
10. Subroutines for issuing duplicate permission is the loss or damage to the permit.
11. A person who has performed on the objects of the well-being of land and/or repair work is required by his own forces to bring this object to a well-being, or may in cases defined by paragraph 2 of Part 2 of this Act, to pay it The restored value ";
" Article 28 - 1 Maintenance of a street-road network
1. Owners or balances of facilities of the welfare of the street-road network of settlements provide it with the Regulation on the road and the road network of the road and the technical means of road traffic regulation, are approved by the executive branch of the executive branch on housing and utilities.
2. The owner or balancer of an object of the well-being of the street-road network provides the maintenance of such an object with the required number of machines, mechanisms, specialized equipment, and amplified materials and reagents.
3. Tariffs on the use of facilities for paid parking are set up by local government agencies according to the order of the formation of these tariffs approved by the Cabinet of Ministers of Ukraine.
Article 28 - 2 . Maintenance of the structural protection of territories from hazardous geological processes
1. The maintenance of the structural protection of territories from hazardous geological processes is carried out in accordance with the rules approved by the central executive body on housing and communal matters.
2. The functioning and exploitation of the structural protection of the territories from hazardous geological processes is carried out in accordance with the requirements of rules and regulations, and with regard to the established mode of use of the territory.
3. In case of the detection of fast-fluid hazardous geological processes that directly affect the functioning and operation of the engineering protection of the territories, to the list of work on their maintenance can be included in the operation of the following Processes ";
" Article 30 - 1 . Maintenance of the venues and zones for the species of pets within localities
1. The local government authorities determine the necessary quantity and location of the site and area of home animals, organize their creation and facilities, which includes their fence, setting up information tables, containers to collect the excrement of pets by their owners, and also carry out the organization of the removal and disposal of pet excrement ";
(13) Article 34 is set out in such an editorial:
" Article 34 " Rules for the well-being of the area
1. The Rules for the Wellness of the Human Settlements (Regulation) (next-Rules) are a normative act which is established by the requirements for the well-being of the territory of the settlement.
The rules are developed on the basis of the Model Regulations by the well-being of the territory of the inhabited area (hereinafter-the Model Regulations) for all villages, villages, towns and are approved by the respective local governments.
The typical rules are developed and approved by the central executive body on housing and communal matters.
In the case of a suitable rural, village, the city council is not decided to approve the Regulations, the Model Regulations apply.
The local government authority provides free access to the population to the approved regulations.
(1) the procedure for the exercise of the well-being and maintenance of the areas of grace;
(2) The requirements for organizing the territories of enterprises, institutions, organizations;
(3) The requirements for the maintenance of green plantations on the facilities of welfare;
4. The requirements for the maintenance of buildings and building of the engineering protection of the territory;
(5) Requirements for sanitary clearance of the territory;
6) the dimensions of the boundaries of the adjacent to enterprises, institutions and the organizations of the territory in a numerical value;
7) the order of placement of small architectural forms;
8) the procedure for the exercise of self-governing control in the area of the welfare of settlements;
9) other requirements provided by this and other laws.
3. Rules cannot predict the duty of the physical and legal persons to obtain any permits, consent, or other permissive documents, as well as the powers of the authorities, local governments, their officials. persons, enterprises, institutions, organizations formed by such bodies, to issue specified documents ";
in the paragraph of the first part of the first word "buildings and" to replace the word "temporary";
The fifth and sixth sections of the fourth edition are:
" The well-being of the surrounding area is carried out by the funds of the owners of residential and non-residential premises in the multi-occupant house received as a fee for providing services to the maintenance of homes, facilities and premises. Territory.
The owner of a temporary building of a trade, household, social-cultural or other purpose located on an object of the welfare of a state or communal property, on the terms of a contract made with an entrepreneurial or a balancing act an object of well-being, may finance the detention of a nearby territory by means of payment of a good participation in the proper state of an object of grace ";
(15) Part of the fourth article 40 will be supplemented by the words "on the basis of the Model Position, which is approved by the central executive body on housing and communal matters".
{Paragraph 3 of section I lost the validity of the Act No. 1197-VII of 10.04.2014 }
4. Paragraph 5 of the fifth part of the first Article 1 The Law of Ukraine " On a moratorium on the removal of green plantations on individual facilities of the welfare of the green economy m. Kiev " (Information of the Verkhovna Rada of Ukraine, 2011, No. 18, art. (121) To read:
"The green nascent is a tree, a shrub, flower, and herbal vegetation of natural and artificial origin in the defined territory of the populated area."
5. Add List of permissive activities in the sphere of economic activity , approved by the Law of Ukraine "On List of permissive nature in the field of economic activity" (Verkhovna Rada of Ukraine, 2011, No. 47, art. 532; with the changes made by the laws of Ukraine on 8 July 2011 No. 3677-VI, dated 3 November 2011 No. 3995-VI and from 22 March 2012 No. 4619-VI), paragraph 144 of this content:
1. This Act will take effect three months from the day of its publication.
2. The Cabinet of Ministers of Ukraine prior to the Act:
To ensure the adoption of the regulations necessary to implement this Act;
To bring their legal and legal acts into compliance with the Act;
To ensure the adoption of ministries and other central authorities of the executive branch of the regulatory authorities prescribed by the Act, as well as the review and abolition of normative acts contrary to the Act.
