C A C U A TO R S
On Amendments to the Law of Ukraine
"About Architectural Activity".
(Information of the Verkhovna Rada of Ukraine (VR), 2006, N 39, pp. 342)

Verkhovna Rada of Ukraine Oh, I am. :
I. Introduce to the Law of Ukraine "On Architectural Activities"
( 687-14 ) (Information of the Verkhovna Rada of Ukraine, 1999, N 31,
Oh, 246; 2004, N 16, pp. 238) such changes:
1. In the part of the first article 1:
(1) Paragraph second after the words "planning projects" complemented
"Building".
(2) Paragraph of the third set in this edition:
" architectural activities (architecture objects)-
houses and structures of residential and civil, communal, industrial
and other appointments, their complexes, the objects of grace,
The garden-park and landscape architecture, monumental and
Monumental and decorative arts, territories
Administrative and territorial entities)
";
(3) Paragraphs the fifth and sixth are set out in such an editorial:
" The architectural decision-authorship of the spatial,
planning, functional organization, appearance and
interior of architecture, as well as engineering and other
ensuring its implementation, outlined in the architectural part
project at all stages of design and fixed in any
Form
project-documentation for building objects of architecture,
which consists of drawings, graphic and text materials,
Engineering and Nightmare Calculations, which define the city building,
volumetric planning, architectural, constructive, technical and
technology solutions, value metrics of a particular object
architecture, and meets the requirements of public standards,
Building rules and regulations ";
4) paragraph 8 after the words "containing" complements
"substantiated within the legislation";
(5) To complement the paragraphs of the nine-fourteenth such content:
Project negotiation-matching procedure
Project-based design decisions;
Examination of experts-the activities of experts who have
relevant qualification certificates and by customer charge
(a developer) provide conclusions about the conformity of project solutions
the requirements of legislation, state norms, standards, construction
rules and rules and which are responsible for authenticity
Findings;
The developer-the person who according to the law received the right
property or land use for city buildings
needs and fulfils the actions required for the
Construction or alteration (including dissipation)
Urban planning;
Engineering activities in the field of construction (engineering)-
activities to provide services of engineering and technical nature,
to which previous technical and economic
justifications and research, project expertise, software development
construction financing, the design of the design
Documentation, competition and trade, drafting of treaties
suborder, the coordination of all participants ' activities, and
Also technical supervision of the construction of an object
architecture and consultation of the economic, financial or other
Nature
The architect (engineer) has a qualifying certificate,-
the specialist who received such a certificate as a result
which gives him the authority to conduct personal activities in the field of
architectural activity, and which is responsible for
The results of his work
Technical review-use by the customer (developer)
control of the resolution of project decisions and the requirements of the state
standards, building norms and regulations, and quality control
completed works and their volumes during construction or change (in
(a) The object of urban planning. "
2. In the part of the first article 2:
(1) Paragraph fourth after the word "creation"
"New, reconstruction and restoration of existing"
2) after the paragraph of seventh supplement new paragraphs of such a
content:
" ensuring the participation of Ukraine in international organizations and
Events of Architecture, Urban Development and Monument Protection
Architectures;
Ensuring adaptation of the legal framework and training
professional programs to international requirements, implementation
of fundamental scientific knowledge, new design technologies and
Construction in the field of urban planning;
promoting the activities of self-governing professional organizations
architects and engineers;
ensuring the safety of construction, durability of homes and
Construction, promotion of energy savings, protection
Environment as well as providing
economic and other aspects important from the view of
the interests of society. "
In this regard, the eighth paragraph of the paragraph is the twelfth paragraph.
3. Article 3 of the Board of Editors:
" Article 3. Law on Architectural Activity
The architecture of architecture consists of
Constitution of Ukraine 254k/96-PL ), the laws of Ukraine " On the basis of
Urban planning " ( 2780-12 ), "On planning and forgotten territories"
( 1699-14 ), " The responsibility of enterprises, their associations,
Institutions and Organizations for the Enforcement of Urban Development "
( 208 /94-PL ), of this Act and other regulations. "
4. Part of the first article 4:
(1) Paragraph the third set in this edition:
" in the necessary cases of preproject works, and
Also measures to guard the newly discovered during the exercise of the
construction or change (including by dissipating) objects
The urban planning, which in accordance with the law has an anthropological,
Archaeological, aesthetic, ethnographic, historical, artistic,
Scientific or artistic value ";
2) in the paragraph of the fourth word "and reconciliation" replace the words
"approval and approval";
(3) a paragraph to the fifth indent by the words " and in the case of execution thereof or
Selected by the Other Executive Committee
the supervision of such execution ";
(4) Paragraph 6 of the sixth edition:
" construction (new construction, reconstruction, restoration,
an overhaul) and the demolition of an object of architecture,
architectural and construction control, technical and copyright
during construction or change (including the
(...) (...)
5. In Article 5:
1) in the paragraph of the first part of the first word " and preprojection
to "exclude and the word" should be "replaced by the word"
"done";
2) after part of the fourth complement to a new part of this
content:
" The place of joining the customer ' s engineering networks (developer) to
the main or other engineering networks are on the brink of
to the land of the customer (developer) or by the consent of the customer
In this land area. Timely
-to-date or other engineering networks to the limit
to the land of the customer (developer), as well as the increase of
throughput is carried by the owners of these networks,
coordinated and controlled by the respective local
self-government within the authority defined by the law. "
In this regard, the fifth-tenth is considered to be the same.
Parts of the sixth-eleven;
(3) Part of the sixth is taught in such an editorial:
" Weekends to design an object of architecture store
validity of at least two years or until the completion of the construction of this
object, if started during the expiration date,
but not more than five years ";
4) after part of the sixth complement the new part of this
content:
" For objects of architecture of special complexity, objects with
large volumes of construction, as well as in the presence of
the building of special circumstances specially authorized body with
issues of urban planning and architecture can be motivated by the installation of
the other expiration date. By Order
(a developer) the terms of the work of an architectural and planning task
Continues the specially authorized body for urban planning
and the architecture that issued this architectural and planning task, but
the term of technical conditions continues by enterprise or organization,
They said they were away. "
In this regard, it is the seventh-eleventh to be considered.
Parts of eight-twelve;
(5) In part twelve, the words "their issuance" would be replaced by the words
"issuing an architectural and planning task".
6. In Article 6:
1) after part of the third complement to a new part of this
content:
" The need to conduct such competitions is determined by
with the requirements of urban legislation, local regulations
localities and by the decisions of the central and local bodies
Executive authority, executive bodies of local councils, local
organs of urban planning and architecture, as well as on the initiative
The customers and the associations of professional architects. "
In this regard, the fourth-eighth is considered to be the same.
Parts of five to nine;
2) complement the parts of the tenth and eleventh such content:
" The concourses are held for funds by the customer of the competition.
Announcement information and results of the contest should be
published in the relevant print media ".
7. Article 7:
1) the name of the teaching in this edition:
" Article 7. Development, approval and approval of the project ";
2) in part the first word "or" to replace "and";
3) part of the second substitute in three parts of this content:
" Legal persons in which the architects are absent
(engineers) having qualification certificates can:
Undertake architectural activities by engaging architects
(engineers) who have qualification certificates from their respective
The directions of the architectural activity, on the contractual basis.
The project of the object of architecture must be specified by the signature and
a personal seal of architect who has a qualifying
certificate, as well as other persons who have the appropriate
certification certificates depending on the specifics of the object
Design.
During the course of the project, he cannot be nominated.
the requirements that are not defined by the legislation and the source data ".
In this regard, the third is to be considered to be the same.
Parts of five to ten;
4) complement the eleventh and twelfth of such a
content:
" Individuals involved in the development of projects do not.
the right to conduct an examination of these projects, consent to them or
Provide permission to conduct construction work on these projects.
Order of design, approval and approval of the project
The documentation for building objects of architecture is established
the central authority of the executive branch of the construction,
Urban planning and architecture. "
8. Part of the second article 8, set out in this edition:
" Working paper for building or authorship supervision.
its development is performed by architect-author
of the approved project in accordance with the agreement on
To develop a project of this object of architecture. "
9. Part of the first article 9 complemented by words and figures " in
of the order specified by Article 24 of the Law of Ukraine " On planning and
the forgotten territories " ( 1699-14 ).
10. Article 11:
1) the name of the teaching in this edition:
" Article 11. "Copyright and Technical Review";
2) the first part of the word "Copyright"
"technical";
3) after part of the first complement to a new part of this
content:
" Technical supervision is provided by the customer (developer) and
is carried out by individuals who have the appropriate qualification
Certificate ".
Due to this part, the second and third are considered respectively
Third and fourth;
4) part of the fourth after the word "Copyright"
"or technical";
5) complement the part of the fifth of such content:
" The conduct of copyright and technical supervision
is set by the Cabinet of Ministers of Ukraine ".
11. In Article 14:
1) in part the third word "generally" to exclude;
(2) Part of the fifth posting in this edition:
" The main architects and other officials specifically
the Commissioners of Urban Development and Architecture as Authors or
The co-authors participate in the development of urban documentation
and the local rules of building an appropriate area. Main
architects and other officials specifically authorized
organs of urban planning and architecture within the law may
perform creative activities related to the design of objects
architecture that is foreseen to build on the territory of their
Administrative activities. In such cases, the weather
Relevant architectural solutions are carried out by organs
Urban planning and higher-level architectures. "
12. Article 15 is part of the second such content:
" On the demand of territorial communities, the relevant public
associations, authors of projects, customers (developers) as well as
the case of conflicts regarding the detected deviations from the approved
Urban-building documentation or architectural and planning conditions
The task of an architectural and urban council may be considered
individual architectural projects or their parts and provide appropriate
Conclusions. "
13. Article 16:
(1) Part of the first complement of the words:
"and self-saving in the field of architectural activity";
2) a part of the second after the word "architects" to complement the words
"and self-governing associations in the field of architectural activity";
3) complement the part of the third such content:
" To the Commission on the Professional Certification of Architects
include representatives from all-Ukrainian union
architects and other self-governing associations in the field of architecture
".
14. Article 17:
1) in part of the second word "can pass" replace the word
"passing";
2) complement to be part of the seventh such content:
" Architectural activities of certified persons can lay down
"In accordance with the law".
15. Article 19 will complement the paragraph by five such content:
" designing objects that according to the legislation are not
need permission to build. "
16. Part of the second article 20 supplements with the words " or with
professionals who have a qualifying certificate. "
17. In Article 22:
1) in the paragraph of the seventh word "by the consent of the order" to exclude;
(2) To complement the paragraph of the ninth such content:
" fear your professional responsibility according to the
the law. "
18. In Article 23:
(1) Paragraph 2, the second paragraph, in this edition:
" choose the architect-the developer of the project or attract it
for the results of an architectural or urban competition, choose
a contractor to build or attract it with the results
The construction tender ";
2) complement the paragraph by the fifth such content:
" engage persons who have a qualifying certificate, for
"The Order of Customer and Engineering".
19. Article 24:
(1) the paragraph second after the word "method" to complement the words
"development and";
2) in the paragraph of the third word "the control of the architect-author"
the project or without such participation "to replace the words" by copyright
The architect is the author of a project or an authorized person. "
20. Article 25 is part of the second such content:
" Order of public discussion of urban documentation
and construction projects, as well as the order of regard
The proposals of the public are determined by
21. In Article 27:
1) in the paragraph of the sixth word "artistic, historical, ethnographic"
and scientific meaning "to replace the words" anthropological,
Archaeological, aesthetic, ethnographic, historical, artistic,
Scientific or artistic value ";
2) complement the paragraph by the seventh such content:
" do not include to the task to design requirements that contradict
of Ukraine, approved by the city-building
Documentation, State standards, standards and regulations ";
3) complement the part of the second such content:
" The customers (the developers), apart from the duties laid out in the
part of the first of this article, also required:
participate together with contractors in the weather organization
of the draft documentation authorized by the executive authorities and the
Local government bodies;
Approve only agreed projects;
submit one project of the project documentation, followed by
built an object of architecture, the owner of this object for
permanent storage ".
22. In Article 28:
(1) Paragraph of the fourth set in this edition:
" in the case of the need to make changes to the volume of space,
planning and other solutions to an object of architecture to develop
relevant project documentation according to requirements
architectural and technical passports of the object, to consent,
approve it and conduct construction work in installed
Legislation ";
2) complement the paragraph by the fifth such content:
" keep the design of the project documentation
architecture object, and pass this documentation to a new
the owner. "
23. Part of the first article 29 after the word "regulated"
complemented by the words " Civil Code of Ukraine ( 435-15 ) ".
24. Part of the first article 31 is set out in this edition:
" Personal non-mayors of intellectual property
author of an object of architecture as an object of authorship
rights are the relevant rights defined by the Civil Code of Ukraine
( 435-15 ), Law of Ukraine "On copyright and related rights"
( 3792-12 ) and in particular:
the right to photograph, to make a video of the relevant
object of architecture as an object of copyright, other than cases,
By the law;
the right to claim recognition of its authorship (co-author)
by setting your name properly on an object
Architecture as an object of copyright if it is practically
Maybe. "
25. Text of the Act:
1) after the word "customer" in all differences and numbers complement
the word "(developer)" in the appropriate case and the following;
(2) the words " State Committee of Construction, Architecture and
"In all differences, replace the words"
" the central authority of the executive branch of the building,
Urban planning and architecture.
II. Final Position
1. This Act takes effect from the day of its publication, except
Sub-paragraph 2 and paragraph 3 of paragraph 7, paragraph 3,
See paragraph 14 of the section I, which takes effect a year after
Approval of the order certification of architects (engineers).
2. Cabinet of Ministers of Ukraine for six months from the day
The Act:
to consider the Verkhovna Rada of Ukraine proposal for
The adoption of the laws of Ukraine in compliance with the Act;
to ensure the adoption of regulatory and legal acts aimed at
to the implementation of this Act.

President of Ukraine
Um ... Kiev, 1 August 2006
N 58-V