On Amendments To Certain Laws Of Ukraine Regarding Improvement Of Settlements

Original Language Title: Про внесення змін до деяких законів України щодо благоустрою населених пунктів

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/4710-17

Law of Ukraine on amendments to certain laws of Ukraine regarding improvement of settlements (Supreme Council of Ukraine (BD), 2013, no. 8, art. 75) {amended by law No. 1197-VII from 10.04.2014, VVR, 2014, no. 24, item 883} Verkhovna Rada of Ukraine decides: I. Make changes to the following laws: 1. The law of Ukraine "about local government in Ukraine" (Supreme Council of Ukraine , 1997, no. 24, item. 170 the following changes): 1) in paragraph "a" of article 30: in subparagraph 4, the word "parking" replace the words "public latrines, parking lots and parking areas;

in subparagraph 7 the words "industrial areas", replace the words "settlements";

Add subitem 17 the following contents: "17) issuance of permit violations of the facilities improvement in the cases and manner provided for by law";

2) item 1 of part three article 43 off.

2. The law of Ukraine "on improvement of settlements" (Supreme Council of Ukraine, 2005, no. 49, 517; 2008, no. 48, 358; 2010, # 5, art. 41; 2011, no. 34, item 343; amended Law of Ukraine dated December 22, 2011 # 4220-VI): 1) in part 1 of article 1 of the third paragraph: the words "in common use" replace the words "improvement of settlements;

paragraph five lay in the following wording: "the street network-designed for vehicular and pedestrian network of streets, roads, vnutrìšn′okvartal′nì and other thoroughfares, sidewalks, pedestrian and bike paths, waterfront, squares, squares, as well as car parking and parking areas for vehicles with engineering and ancillary buildings, technical equipment of the Organization of the road";

Add to this the seventh paragraph: "green areas-wood, Marsh, flower and grass vegetation of natural and artificial origin at the defined territory of settlement";

2) paragraph 3 of article 2, after the words "realization of rights" add the words "and performing duties;

3) item 4 of article 7, after the word "development", add the words "or approval";

4) the first part of article 9 paragraph 4 Add the following contents: 4) participation in the annual all-Ukrainian competition "locality" best landscaping and maintaining public order ";

5) article 10 lay in the following wording: "article 10. Powers of village, town and city councils and their executive bodies in the sphere of improvement of settlements 1. The powers of village, town and city councils in the area of improvement of settlements include: 1) the approval of the local programs and activities for improvement of settlements;

2) approving the rules of improvement areas of settlements;

3) create the necessary bodies and services for ensuring implementation, together with other actors of the communal property improvement of settlements, defining the powers of these bodies (services);

4) determination on a competitive basis of enterprises, institutions and organizations (as) responsible for the maintenance of facilities.

2. The powers of the executive bodies of village, Township, city councils include: 1) ensuring implementation of local programmes and the implementation of measures for the improvement of settlements;

2) Organization on the territory of the settlement of cleanliness and order, observance of silence in public places;

3) Organization of recreation for citizens;

4) approval of schemes of sanitary clearing of settlements and the introduction of systems of selective collection of household waste;

5) for a self-governing control as landscaping and maintaining territories settlements, engineering structures and facilities, enterprises, institutions and organizations, sites for the parking of vehicles (including payment services with the use of the grounds for the paid parking of vehicles), greening of such areas, green spaces, water features, etc.;

6) definition of places of parking vehicles and platforms for parking facilities improvement;

7) determine the schedules of work of the external lighting of the territory;

8) definition on objects of the beautification placements public latrines;

9) attraction on the contractual basis of funds and logistical resources of legal and physical entities for the implementation of measures for the improvement of settlements;

10) determine the volume of share participation of holders of temporary structures for commercial, household, socio-cultural or other purpose in keeping the facilities improvement;

11) determine in the prescribed manner the size of compensations to legal entities and individuals for environmental pollution and other environmental damage caused by the violation of the legislation in the field of landscaping and environmental protection;

12) informing the public about the implementation of measures for the improvement of settlements;

13) participation in the annual all-Ukrainian competition "locality" best landscaping and maintaining public order ";

14) issuance of permit for breaking objects, improvement in cases and procedure stipulated by this law;

6) article 15 to lay out in the following wording: "1. The organs of State power and bodies of local self-government can form a company for the maintenance of facilities improvement of State and municipal property. In the absence of such enterprises in the bodies of State power and bodies of local self-government within their authority to determine on a competitive basis according to the law as such.


Lessee, that will carry out maintenance and repair facility improvement, which is privately owned, determines the owner of this object.

2. Enterprise and balansoderzhatel provide proper maintenance and timely repair facility improvement of in-house or can on a competitive basis involve the other enterprises, institutions and organizations.

3. Body of State authority or local government authority at the request of the enterprise or lessee annually approves the measures for the maintenance and repair of the object the improvement of the State or municipal land next year and provides funds for the implementation of these measures. The organ of State power and the organ of local self-government, the enterprise and the balansoderzhatel are responsible for the implementation of approved activities in full.

4. The owner of the temporary structure of commercial, community, socio-cultural or other destination, located on the territory of the object the improvement of the State and municipal property, is obliged to provide proper upkeep of adjacent to the temporary structures or can take fractional part in keeping this object the improvement of the contract concluded with the company or balansoutrimuvačem.

The typical contract on share participation in the holding facility improvement approved by the central body of the Executive power of housing and municipal economy.

5. The owner of the facility improvement on objects of private property, the body of State power and the organ of local self-government concerning real improvement of State and communal property according to the legislation establishing the beautification of public latrines.

Tariffs on the use of public vbiral′nâmi are set by local governments in accordance with the order of formation of these tariffs, approved by the Cabinet of Ministers of Ukraine ";

7) in the second article 17 paragraph 1 put in the following wording: "1) hold in good condition objects of improvement (their parts) that are in the ownership or use, as well as the specific rules of the landscaping of the territory of the settlement adjacent to these facilities the territory";

supplement paragraph 5 the following contents: "5) allow for improvement in their property or use search-and-rescue and other services for the implementation of measures to prevent and eliminate the effects of manmade and natural disasters";

8) in the second article 18: paragraph 1 put in the following wording: "1) hold in good condition objects of improvement (their parts) that are in the ownership or use, as well as the specific rules of the landscaping of the territory of the settlement adjacent to these facilities the territory";

5 Add the words "that are carried out in a manner approved by the central body of the Executive power of housing and municipal economy";

supplement paragraph 8 following contents: 8) allow for improvement in their property or use search-and-rescue and other services for the implementation of measures to prevent and eliminate the effects of manmade and natural disasters ";

9) first paragraph of article 21 to lay out in the following wording: "1. The elements of (parts of) the objects of the accomplishment is";

10) article 22: in part 1 of the word "technical" replace the word "Engineering";

in the second the word "construction projects and the territory of the residential areas, districts (quarters)" deleted, and after the word "operational" add the word "fire";

11) in the third paragraph of part two article 24 the word "and" replace the word "or";

12) add to articles 26-1, 28-1, 28-2 and 30-1 this content: "article 26-1. Resolution on the violation of facilities improvement 1. Violation of objects connected with the improvement of the performance of entities the excavation and repair work is carried out on the basis of a permit for breaking objects, landscaping, the executive body of the village, Township, City Council (hereinafter the resolution), except in cases established by the paragraphs in the second-fourth part one of this article.

Resolution on the violation of the objects of improvement is not required if the excavation and repair work are: persons who have a document certifying the right of ownership or the right of use of land, including the right to land easement;

as part of the preparation or construction work, the right to which is decorated in the established by the legislation.

Work to eliminate the consequences of accidents at facilities improvement begins immediately with the mandatory of the subsequent issuance of a permit in the manner prescribed by the legislation.

2. the list of the excavation and repair work, for which you need to get a permit, is set in a typical procedure for issuing permits for violations of the facilities improvement or failure in their issuance, renewal, issuance of duplicates of, cancellation of permits (hereinafter-a typical procedure), approved by the Cabinet of Ministers of Ukraine.

3. the procedure for permitting or denying their issuance, renewal, issuance of duplicates of, cancellation of permits approved by the decision of the respective village, Township, City Council on the basis of a typical order, approved by the Cabinet of Ministers of Ukraine.

In the case of the corresponding country, settlement, City Council not taken such a decision, the typical procedure, approved by the Cabinet of Ministers of Ukraine.


4. Issuance of permit, its renewal or issuance of a duplicate permit is carried out free of charge.

5. The permit is issued within ten business days from the date of registration of the application.

The period of validity of a permit is determined by the conditions of work and may not exceed one year.

6. Refusal of the permit issued to the applicant in writing with suitable explanations within the time limit provided for the issuance of the permit.

Grounds for refusal to issue the permit is: a view of the entity of incomplete package of documents required to obtain a permit in accordance with the list;

discrepancy filed documents with the requirements of legislation;

detection of false information in the submitted documents.

Refusal to issue a permit may be appealed in accordance with the order.

7. If the selected part five of this article not issued permission or denial of its issuance, the right to perform on the object the improvement of the excavation and repair work occurs on the tenth working day from the date of expiry of the term, and the resolution is considered to be issued.

8. A permit may be revoked the executive body of the respective village, Township, City Council in case of: view the person who obtained the permission statement about its cancellation;

the availability of information about the termination of the legal person or the business activities of a natural person-entrepreneur, received permission.

9. If the right to perform on the object the improvement of the excavation and repair work was transferred to another person, to be reissued. Renewal of authorization does not stop the execution of works.

10. Grounds for issuance of a duplicate permit is the loss or damage.

11. A person who has performed on the objects of the improvement of the excavation and/or repair work, owes its own lead this object improvement in proper condition or in the cases specified in paragraph 2 of part two of the article 19 of this Act, pay its reducing cost;

Article 28-1. Maintenance of road network of settlements 1. The owners or balansoutrimuvačì object the improvement of the road network of settlements provide its content according to the rules of maintenance of road network of settlements and the technical means of traffic regulation, which shall be approved by the central body of the Executive power of housing and municipal economy.

2. The owner or balansoderzhatel of the object the improvement of the road network of the settlement provides the content of this object with the necessary number of machines, mechanisms, specialized equipment, posipnih materials and reagents.

3. Rates for services with the use of the grounds for the paid parking of vehicles are set by local governments in accordance with the order of formation of these tariffs, approved by the Cabinet of Ministers of Ukraine.

Article 28-2. Maintenance of facilities engineering protection of territories from dangerous geological processes 1. Maintenance of facilities engineering protection of territories from dangerous geological processes is carried out according to the rules, approved by the central body of the Executive power of housing and municipal economy.

2. The functioning and operation of facilities engineering protection of territories from dangerous geological processes are carried out in accordance with the requirements of rules and regulations, as well as taking into account the established mode of use of the territory.

3. in the case of fleeting dangerous geological processes that directly affect the functioning and operation of facilities engineering protection areas to the list of works of their content can be included to work in such processes;

"Article 30-1. Content areas and areas for walking pets in settlements 1. Local authorities determine the number and location of sites and areas for walking pets, organize their creation and arrangement that includes their fences, installing the sign, containers for collecting excreta of domestic animals to their owners, and the Organization of the removal and disposal of excreta of domestic animals ";

13) article 34 spell out in this Edition: "article 34. Rules of the landscaping of the territory of the settlement 1. Rules of the landscaping of the territory of the settlement (hereinafter-the rules)-the regulatory legal act, which sets the requirements for the accomplishment of the territory of the settlement.

The rules are based on Common rules for the improvement of the territory of the settlement (hereinafter-the typical rules) for all villages, towns, cities and approved by the relevant local authorities.

Typical rules are developed and approved by the central body of the Executive power of housing and municipal economy.

In the case of the corresponding country, settlement, the City Council pending a decision on approval of the rules, to apply Common rules.

The local government authority provides free access of the population to approved rules.

2. rules include: 1) the procedure for the implementation of the improvement and maintenance of territories, objects of improvement;

2) requirements to organize the territory of enterprises, establishments, organizations;

3) requirements for maintenance of greenery at the facilities improvement of public areas-;

4) requirements for the maintenance of buildings and structures of artificial protection.

5) requirements for sanitary cleaning of the territory;

6) size limits adjacent to enterprises, institutions and organisations of the territory in a numeric value;

7) procedure for placement of small architectural forms;


8) the procedure for the implementation of a self-governing control in the sphere of improvement of settlements;

9) other requirements provided by this and other laws.

3. rules may not involve the obligation of natural and legal persons obtaining any permits, approvals or other documents, as well as the regulatory powers of the organs of State power, bodies of local self-government, their officials, enterprises, institutions, organizations, formed such bodies to issue these documents ";

14) article 36: in the first paragraph of the words "buildings and" replace the word "temporary";

paragraphs of the fifth and sixth parts of the fourth outline in the following wording: "the beautification of the House territory apartment building is carried out at the expense of owners of residential and non-residential premises in the tenement house, received as payment for the provision of services for maintenance of buildings, constructions and House territory.

The owner of the temporary structure of commercial, community, socio-cultural or other destination, located on the territory of the object the improvement of the State or communal property, under the terms of the contract concluded with the company or balansoutrimuvačem facility improvement, can fund the content adjacent to the temporal structure of the territory through payment of equity of the content object in proper condition improvement ";

15) part of the fourth article 40, add the words "on the basis of the Model provisions, approved by the central body of the Executive power of housing and municipal economy".

{Paragraph 3 of section I repealed by law No. 1197-VII from 10.04.2014}

4. the fifth Paragraph of article 1 of the law of Ukraine "about a moratorium on removing green spaces to separate objects landscaping green economy Kiev" (Supreme Council of Ukraine, 2011, no. 18, item 121) put in the following wording: "green areas-wood, Marsh, flower and grass vegetation of natural and artificial origin at the defined territory of settlement".

5. To supplement the list of the permissive nature of commercial activity, approved by the law of Ukraine "on the list of the permissive nature of commercial activity" (Supreme Council of Ukraine, 2011, no. 47, art. 532; amended law of Ukraine dated July 8, 2011 # 3677-VI, dated November 3, 2011 # 3995-VI and from 22 March 2012 No. 4619-VI) , paragraph 144 of the following contents: "144.

Resolution on the violation of the object the improvement of the law of Ukraine "About improvement of settlements."

II. Final provisions 1. This law shall enter into force three months after its publication.

2. the Cabinet of Ministers of Ukraine to the enactment of this Act: to provide within its powers the adoption of regulations necessary for the implementation of this law;

to bring their regulations into conformity with this Act;

ensure acceptance of the ministries and other central bodies of executive power of regulations stipulated by this law, as well as the review and repeal of regulations, contradicting this law.

President of Ukraine Viktor Yanukovych Kiev on May 17, 2012 # 4710-VI