Law on Spatial Planning (Draft)

Content:
  • The legal regulations (laws, by-laws, other legal formats) on city planning and construction in Ukraine can be characterized as an ‚omnibus volume‘. I.e. the great number of laws and other regulations is unclear and inconsistent. And they are condicting eachother and are in a conflict (e.g. the Law on Urban Planning and Construction on the one side and the Law on Land Rights on the other side).

    The decision of the Ukrainian government to strengthen the local self-government – following the principle of subsidiarity – a significant number of responsibilities must b transferred from the central (and oblast) level to the communal level.

    Moreover, Ukraine should deregulate the legal system of construction, public and spatial planning, should eliminate contradictions, and should adjust the structure and processes of the respective public administration to European general rules.

     

    The solution for Ukraine are not some admendments to the existing laws. A forward-looking answer is a new Law on Urban Planning and Development that should replace the above mentioned ‚omnibus volume‘.

    The draft of the Law on Spatial Planning is elaborated and presented against this background of a confusing system of legal regulations on urban development and planning. The draft for a new law is quite strong orientated on the respective regulations in Germany. It incorporates relevant regulations of the amendments to the Law of Urban Construction No 5621, but extends them by central elements. One important change is the extension of the competence for spatial planning for the amalgamated comunes for the whole territory of and around the commune (not only the araes with buldings and other constructions). The compentencies with comcrete responsibilities for urban development will be transferred to the cities and communes. Oblasts and the central level will still concentrate on regional and supra-regional planning with close exchange with the planning of the cities and communes (iterative process, called principle of counter current flow <‘Gegenstromprinzip>).  

    The draft of a new law transfers the long-term urban development and planning to the cities and communes and fulfills a central topic of the political programme of the Ukrainian government of 2014. Moreover, it fulfills the requirements of the European Charta on local self-government which is stating that the responsibilities of public tasks should be located as fa as possible on the communal level.

     

    The draft of the law is tightening the Ukrainian system of planning significantly. It is orientated on the German system of planning as an example of ‘good practice’. This comprises the legal regulations as well as the administrative system and the distribution of competencies, rights and duties. Strengthening the communes includes that the communes should employ skilled and professional staff of urban planning and implementation of the plans, including the Construction Code.

    Article 1 of the law (draft) is defining the system of planning in Ukraine the following:

    (1)   The territory of Ukraine and its regions (supra-local spatial planning) as well as the territories of communes (local spatial planning) shall be developed, settled and ensured.

    (2)   Plans of the supra-local spatial planning are

    2.1. The planning schema fort he whole territory of Ukraine,

    2.2. The planning schema decided by the Verchovna Rada for regions and for the Autonomous Republic of Crimea,

    2.3. The planning schema fort he olast,

    2.4. The planning schema fort he rayon.

    (3)   Plans for the local spatial planning are:

    3.1. the plan for the territory of the amalgamated communes and all other communes (in the following: General Plan)

    3.2. The zoning plan for the single parts of the city and other greater parts of the territory of the communes (in the following: Zoning Plan for Construction)

    The detailed plan for single, smaller parts of the territory of the commune (in the following: Detailed Plan).

  • Plans / maps / photos:
    Bibliographic information:
  • Entwurf eines Gesetzes für räumliche Planung. Dokument zu “Starke Städte. Starke Ukraine”, Weißbuch zur Reform von Verwaltung und Recht für die Stadtentwicklung in der Ukraine, Kyiv, March 2017, 151 pages.

    (available in German and Ukrainian language)

  • Additional Information:
  • Integrated urban development in Ukraine: Draft of a Law for Spatial Planning. Additional and separate document to the Whitebook on Reform of Administration and Law for Urban Development in Ukraine, Kyiv, March 2017.

  • Date of publication:
  • March 2017
  • Rights:
  • Open access (project document)

  • Contact Information:
  • Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH

    Integrated Urban Development in Ukraine

    7 Krutyi Uzviz, 2nd floor,

    01004 Kyiv, Ukraine

    Т   +380 44 581 00 02

    I   www.giz.de/ukraine-ua

  • Languages:
  • German, Ukrainian
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