Draft

Regulation of urban planning

The amendments have been submitted to Parliament to expand the types of urban planning documentation at local level. Draft Act No.4390/P was registered on 13 July 2016.

In the explanatory memorandum it is stated that the purpose of adoption is regulatory support of sustainable development of basic administrative unit’s territories, namely territorial communities.

The main objective of the project is to increase capabilities of bodies of local self-government of territorial communities in selecting the method of fundamental development solution; of planning, building-up and other use of not only populated areas, but also of community territory as a whole. It is also proposed to expand the circle of entities eligible to grant proposals for urban planning project documentation at local level.

Criminal liability for building-up of coastal territories proposed

On 12 July 2016 a Draft Act that increases penalties for illegal building-up of coastal areas was registered in Parliament. Draft No.4949 was submitted by the MP Volodymyr Parasyuk. According to the document a person can be imprisoned for 2-4 years for illegal building-up of banks of rivers, water bodies, or on the islands, and for building by seas, bays and estuaries — for 3-5 years. The second conviction for squatter development is fraught with imprisonment for a term of 4-6 years with confiscation of property.

It should be remembered that the problem of spontaneous building-up of coastal protective territories of water bodies has worsened in Ukraine in recent years. Land plots located in close proximity to water bodies are considered to фbe the most desirable location for construction by unprincipled developers. In view of explicit prohibition of building-up such territories as stipulated in the Water Code of Ukraine, such territories are occupied without authorization, and construction is carried out without project documentation and permits, while buildings and fences, which are often cut into a water body itself, violate the legal regime of such land as well as public order.

Operative-search activity

The Verkhovna Rada registered Draft Act No. 4778 On Operative-Search Activity. Its aim is to improve the legal framework of OSA, bring it into line with European standards, to synchronize OSA and procedural activities carried out in accordance with the Criminal Procedure Code.

The project sets out OSA tasks, including:

— search and recording of factual evidence on illegal activities of persons (groups of persons);

— receiving information about violations of law that are not criminal, establishment of which contributes to solving tasks in the combating of crime;

— receiving information about facts and circumstances that do not contain signs of criminal offense but still need to be checked under law.

The Draft sets out an exhaustive list of grounds for OSA conduct, clearly defined operative-search measures themselves and procedures for their implementation, requirements for preparation and legalization of documentation. A separate section is devoted to operative-search procedures. Stages, the terms for prosecution of operative-search cases, their closure, use of materials obtained as a result of OSA conduct are all set out.

The Draft states that state control of OSA may be carried out in the form of non-departmental and departmental control. Special attention is devoted to prosecutor’s supervision over observance of statutory compliance during implementation of operative-search activity.

Amendments to Sports Act

A group of MPs has submitted to Parliament Draft Act No.4857 On Physical Education and Sport. Adoption of this Draft should ensure transition from state control of such basic functions of the state as creation of high-quality legislative framework in the sphere of sports activities; function of regulatory powers for entities; participation as an entity of sports sector. The National Sports Federation should become the bearer of rules, standards of sports sector and center of control over the corresponding sport. At present the sports federation is the only tool through which the state provides sports management. It is also assumed that management of the national team should be performed by a sports federation.

Sports clubs should become sources of national sports federations development and basic element of self-regulating sports activities, uniting athletes, coaches and sports staff and should ensure their communication with relevant sports federations. The existing system of sports schools should also be transformed into sports clubs. It is assumed that an athlete, a coach, support staff should be involved in sports activities through participation in the activities of a sports club, which has membership of the relevant sports federation.