Key Benefits:
On Amendments to Certain Laws of Ukraine on the Reform of the Public Roads Management System
Verkhovna Rada of Ukraine Orders:
I. Amend the laws of Ukraine to be amended:
1. Article 20 Law of Ukraine "On Local State Administration" (Verkhovna Rada of Ukraine, 1999, No. 20-21, pp. 190; 2010, No. 10, pp. 107; 2014, No. 14, pp. 248; 2015, No. 28, pp. 236) complement paragraph 8 of this content:
"8) carries out the management of automotive roads of local value within the administrative and territorial unit."
2. In The Road Roads of Ukraine (Information of the Verkhovna Rada of Ukraine, 2005, No. 51, p. 556 with the following changes):
(1) The text of Article 6 is set out in such an editorial:
" State policy and the development strategy of all kinds of highways in Ukraine exercise the central executive body that provides the formation and implementation of state policy in the field of road economy.
The maintenance of highways of common use and other types of highways can be carried out on the basis of long-term (up to seven years) contracts (contracts) on the maintenance of public road road roads. the principle of ensuring their operational status in accordance with the regulatory and standards of standards.
The essential conditions of such a treaty are:
The price of the treaty, the order of its adjustment and the application of penalties;
Order of payment of completed work and source of funding;
the size and order of use of warranty amounts (inftraction) and reserve sum;
the beginning and end lines of the work;
The order and requirements for the organization of work;
The order of the transfer of completed works;
The rights and obligations of parties
Conditions for risk insurance;
Order to provide work with project documentation and material resources;
The order of involvement of subcontractors
Order of order to supervise the quality of resources and work done;
Guaranteeing the duties of the contractor, the order of eliminating the shortcomings;
The responsibility of the parties for violations of the
Liability for the damage caused by road traffic and traffic stop;
A typical contract form (contract) for the maintenance of public highways is approved by the central body of executive power, which provides for the formation and implementation of state policy in the field of road economy.
The preservation and development of the public road network has a priority for the state. In order to intensify investment activities, improving the quality and efficiency of road construction during construction and reconstruction of highways may apply the principles and conditions of the International Federation contracts Consultants (FIDIS) in order to be approved by the Cabinet of Ministers of Ukraine.
To ensure a permanent independent audit (assessment) of the technical state of highways and quality of road works can be involved by qualified consultant engineers in the field of road construction, accredited in the order defined by the Cabinet. Ministers of Ukraine ";
(2) Part of Article 8 shall be supplemented by the words "by the proposal of the central executive branch of the executive branch, which provides for the formation and implementation of the state policy in the field of road economy";
(3) Article 9-12 of the Board of Editors:
" Article 9. Components of the public road road
The components of the automotive road of common use within the rebound lanes are: earnest; carriageway; road coverage; motion lane; road water and water facilities; construction of noise protection; artificial installations; Technological connectivity; engineering facilities: special facilities and facilities designed to provide safe and convenient motion conditions (lighting, stationary complexes of measuring the weights and dimensions of vehicles), Reduction in motion speed); architectural design: architectural facilities and Decorations designed to provide the aesthetic appearance of highways; technical means of road traffic, autopavilions, linear structures and complexes providing the functioning and preservation of roads; elements of the sanitary system. Facilities; green spaces; specially equipped places to stop the routes.
Road service objects are not part of the general public road, except when the customer or body of the public road is the owner or organ of the road. Control of these common public roads.
The placement of other facilities within the rejection strip without the permission of the owners of the roads, the organs carried out by the automotive roads, is prohibited.
Components of the public road road outside of the casting are: an architectural design; facilities designed to preserve road roads and road traffic control; road water and water facilities; The structures of noise protection; ferry overboard, snow-protective facilities, anti-lavening and anti-herring structures; obsteful congresses; mountain ditches; outdoor swimming pools; open and closed drainage systems.
Article 10. Public automotive road management
The general public administration authorities are:
The central executive body that provides the formation and implementation of the state policy in the field of road farming;
The central executive body implementing state policy in the area of road management and the management of road roads of public importance;
The Council of Ministers of the Autonomous Republic of Crimea, the regional and Sevastopol city government administrations.
Article 11. Powers of the central executive authorities on the management of automotive roads
Prior to the authority of the Central Executive Authority, ensuring the formation and implementation of the state policy in the field of road farming are:
1) the formation of public health policies and the provision of management of public road roads;
2. Providing regulatory and legal regulation in the field of road economy, normalisation in the field of construction, reconstruction, repair and maintenance of general public roads in accordance with Law of Ukraine "On the construction standards" and other legislation, the development of proposals for their improvement and introduction in the established order of projects of legislative acts, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine;
3) to develop measures to integrate public road roads into the international network of roads and to ensure the harmonization of technical norms and regulations on the requirements of international legislation;
4) to agree on the transfer of facilities and the volumes of budget funds to the construction, reconstruction and major repair of the public roads of public importance;
5) develop projects of public trust programmes for the development of road farms.
Prior to the authority of the Central Executive Body, implementing state policy in the field of road farming and the management of the public domain of common use of the state,
1) to develop proposals for the formation and implementation of public policy (strategy) in the area of road management and the management of road roads in public importance, road development programmes;
2) the organization of construction, reconstruction, repair and maintenance of public road roads in accordance with state construction standards and standards, as well as the transfer of facilities and volumes of budget funds for construction, Reconstruction and capital repair of road roads approved by the Cabinet of Ministers of Ukraine;
(3) To ensure the proper route orientation of the users of the public roads of the general use of the state value;
(4) To ensure the sustainable functioning of public roads of public importance;
5) the landscaping of road-to-road traffic of public importance;
(6) To conduct statistical accounting and passport of road traffic of public importance and artificial structures on them;
7) to monitor the status of road traffic of public importance, detection of accidents and hazards (area) and locations of the concentration of road traffic accidents and taking measures to eliminate them;
8) to provide funding and development of the public road road network;
9) introduce proposals on the formation and implementation of public policy on road safety;
10) development and participation in the implementation of road safety measures.
Article 12. The powers of the Council of Ministers of the Autonomous Republic of Crimea, the regional and Sevastopol city administrations on the management of road roads of local importance
Prior to the authority of the Council of Ministers of the Autonomous Republic of Crimea, the regional and Sevastopol City State administrations include:
1) to develop proposals for the formation and implementation of public policy (strategy) in the area of road management and the management of automotive roads of local value, road development programmes;
(2) the organization of construction, reconstruction, repair and maintenance of the public roads of the local value in accordance with the state building standards and standards and transfers of facilities and the volumes of budget funds provided by local Budgets;
(3) To ensure the proper route orientation of the users of the public roads of the general use of local importance;
(4) To ensure the sustainable functioning of the public roads of common use of local importance;
(5) The landscaping of the local public road;
(6) To conduct statistical accounting and passport of road roads for the general use of local value and artificial structures on them;
7) to monitor the status of road traffic of the local value, detection of accidents and hazards (area) and the concentration of road transport adventures and the exercise of measures to eliminate;
8) to provide funding and development of the local public road road network ";
4) in the second sentence of Part 2 of the second article 16 words "the organ of the state administration of public roads of general use and relevant public road safety authorities" to replace the words "the central body of the executive branch" Implements state policy in the area of road management and the management of public business roads and the relevant unit of the National Police ";
(5) In paragraph 4 of Article 20, the words "appropriate public safety authorities" will replace the words "appropriate subsection of the National Police";
(6) Part of the second article 27 is set out in such an editorial:
" The submission to the Cabinet of Ministers of Ukraine on the removal of the public road road to the charge of the boards shall contribute to the central authority of the executive branch, which provides for the formation and implementation of the state policy in the field of road economy, Agreement with the central body of the executive branch, implementing state policy on the road and the management of automotive roads of public importance, the Council of Ministers of the Autonomous Republic of Crimea, the region and Sevastopol city state administrations, by territory " The President of the Republic of the Republic of the Republic of the United States of America
(7) Articles 28 and 30 are set out in such an editorial:
" Article 28. Monitoring of the status of general public roads
Control of the state of the public domain of the public meaning, traffic conditions and control of passage management are carried out by the central executive body, implementing state policy in the field of road traffic. In the United States of America and the United States of America and the United States
Control of the status of local public road road roads, the conditions of movement and control of the handling of the passage by the Council of Ministers of the Autonomous Republic of Crimea, the regional and Sevastopol city government Administration ";
" Article 30. Provision of service of the general public road
The exploitation of paid highways of general use is provided in a manner defined by the Cabinet of Ministers of Ukraine ";
(8) In paragraph 5 of the second article 32, the words "appropriate public safety authorities", replace "the relevant unit of the National Police";
(9) complement article 32 - 1 such content:
" Article 32 - 1 . Alert on temporary limit or termination of vehicle traffic on road roads
The alert users of highways about the lines and the order of the temporary limit or termination of vehicle traffic on highways of public importance are provided by the central body of the executive branch. implements state policy in the area of road economy and the management of road roads of public importance, and on public roads of public importance-the Council of Ministers of the Autonomous Republic Crimea, Cloud and Sevastopol City State Administrations.
Overcoming the users of the general use of the line and order of the temporary limit or termination of vehicle traffic is carried out by means of an agreement with the corresponding unit of the National Police of the The corresponding section of the road road information roadway with the specified string, the reasons for the restriction or termination of the movement and the exit route, as well as the placement of the information on the official website of the relevant body:
No later than seven days before the introduction of the planned limit or termination of vehicle traffic;
not later than one day after entering the emergency limit or termination of vehicle traffic.
Order of omission by public road users on road accidents, road coverage, temporary restriction or termination of movement, as well as hydrometeorological and other road traffic conditions is established by the central body of the executive branch, which provides for the formation and implementation of the state policy in the field of road economy, by the approval of the National Police ";
In part one of the first words "by the state administration bodies and the relevant public road safety authorities", replace the words "appropriate unit of the National Police, and the use of the general highways" The use of the state is also the central body of the executive branch, implementing state policy in the area of road farming and the management of public roads of public importance ";
a part of the second teaching in such an editorial:
" Sports competitions (cross, car race, cycling, etc.) on public roads of general use of local importance are held by the agreement with the Council of Ministers of the Autonomous Republic of Crimea, the regional and Sevastopol city government. Administration and the relevant division of the National Police, and on public roads of public importance-also by agreement with the central executive body implementing state policy in the field of road traffic Management and management of automotive roads State of State ";
(11) The paragraph of the first part of the first article 43 is set out in this edition:
"Norming and standardization in construction, reconstruction, repair and repair of road roads is directed at";
(12) The texts of articles 44 and 49 of the article read as follows:
" The development and approval (adoption) of the building standards and standards in the field of construction, reconstruction, repair and maintenance of general public roads are carried out in accordance with the laws of Ukraine "On the Building Standards" and "About Standardization" ;
"The owners of the roads, the authorities exercising the management of road roads, and the users of highways, guilty of violating the requirements of this Act, are responsible for the law."
3. In The Council of Ministers of the Autonomous Republic of Crimea (Information of the Verkhovna Rada of Ukraine, 2012, No. 2-3, pp. 3):
1) first part Article 2, supplemented by paragraph 9 - 1 such content:
" 9 - 1 ) Exercise of management of local general use of local value ";
2) in Part One Article 24:
para. 4 Set out in this edition:
" (4) to provide development on the territory of the Autonomous Republic of the Crimea network of roads, take measures to enhance their quality, including the assistance of the central executive branch, which implements state policy in the field of road ", in the development and preservation of the public domain of public importance, in the development and preservation of the Autonomous Republic of Crimea by the network of public roads of public importance";
complementing items 4 - 1 and 4 - 2 such content:
" 4 - 1 ) The exercise of the management of local public roads;
4 - 2 ) Establishment of a central executive branch implementing state policy in the area of road economy and the management of road roads of public importance, proposals for the prospects for the development of road roads The common use of state values within the territory of the Autonomous Republic of Crimea ".
1. This Act takes effect from 1 January 2018 and is put into effect at the same time Law on the introduction of changes to the Budget Code of Ukraine on the establishment of a state road fund.
2. The Cabinet of Ministers of Ukraine in a monthly row from the day of publication of this Act:
To bring their legal and legal acts in compliance with this Act and to accept the acts necessary to implement this Act;
To ensure that the Ministries and the other central authorities are responsible for their normative and legal acts in compliance with the Act.
