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Ukraine

Access to Urban Planning Documents (UA0036)

Overview

At-a-Glance

Action Plan: Not Attached

Action Plan Cycle: 2014

Status: Inactive

Institutions

Lead Institution: Ministry of Regional Development

Support Institution(s): Ministry of Ecology and Natural Resources, Ministry of Defence, Ministry of Agrarian Policy, State Agency of Land Resources, State Agency of Forest Resources, regional state administrations, Kyiv City State Administration, NGO Eastern Ukrainian Centre for Civic Initiatives, unspecified NGOs and international organisations

Policy Areas

E-Government, Infrastructure & Transport, Records Management

IRM Review

IRM Report: Ukraine End-of-Term Report 2014-2016

Starred: No

Early Results: Marginal Marginal

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Technology

Potential Impact:

Implementation i

Completion:

Description

Ensuring citizens’ unhindered access to public information by means of: ensuring free public access to urban planning documentation and geo-information data (including in electronic form) Expected result: practices of using the “For internal use only” classification revised concerning urban planning documentation, particularly general urban development plans; general urban development plans published according to the Law of Ukraine on Regulation of Urban Planning Activities; central executive authorities’ regulatory legal acts, particularly lists of data constituting restricted information, brought into conformity with the Law of Ukraine on Access to Public Information, the Law of Ukraine on Amending Some Legislative Acts of Ukraine in Connection with the Adoption of the Law of Ukraine on Information and the Law of Ukraine on Access to Public Information to ensure citizens’ access to geo-information data created at the state budget expense, particularly largescale maps and plans Lead institution: Ministry of Regional Development Supporting institution(s): Ministry of Ecology and Natural Resources, Ministry of Defence, Ministry of Agrarian Policy, State Agency of Land Resources, State Agency of Forest Resources, regional state administrations, Kyiv City State Administration, NGO Eastern Ukrainian Centre for Civic Initiatives, unspecified NGOs and international organisations Start date: Not specified End date: 31 December 2014

IRM End of Term Status Summary

5.2 Access to urban planning documents

Commitment Text: 5.2. Ensuring citizens’ unhindered access to public information by means of: ensuring free public access to urban planning documentation and geo-information data (including in electronic form).

Expected result: practices of using the “For internal use only” classification revised concerning urban planning documentation, particularly general urban development plans; general urban development plans published according to the Law of Ukraine on Regulation of Urban Planning Activities; central executive authorities’ regulatory legal acts, particularly lists of data constituting restricted information, brought into conformity with the Law of Ukraine on Access to Public Information, the Law of Ukraine on Amending Some Legislative Acts of Ukraine in Connection with the Adoption of the Law of Ukraine on Information and the Law of Ukraine on Access to Public Information to ensure citizens’ access to geo-information data created at the state budget expense, particularly large-scale maps and plans.

Lead institution(s): Ministry of Regional Development

Supporting institution(s): Ministry of Ecology and Natural Resources, Ministry of Defence, Ministry of Agrarian Policy, State Agency of Land Resources, State Agency of Forest Resources, regional state administrations, Kyiv City State Administration, NGO Eastern Ukrainian Centre for Civic Initiatives, unspecified NGOs and international organisations

Start Date: Not specified                                                         End Date: 31 December 2014

Commitment aim

This commitment was designed to improve public access to urban planning documentation and geo-information data, particularly in electronic and machine-readable form. It would result in better public access to government-held information, reduce possibilities for corruption in urban planning and construction, better inform local communities about local area development plans, and empower local communities to exercise more effective control over local authorities.

Status

Midterm: Limited

Ukrainian law on Regulation of the Urban Planning Activity[Note 15: http://bit.ly/1O2mNof. ] provided that all urban planning documents (“general urban plans,” “detailed territory plans,” etc.) be open to the public. However, in practice, this provision was not properly enforced, as relevant documentation or its parts were often classified. Such classification did not comply with the new access to information legal framework enacted since 2011. Prior to the commitment, local authorities and entities responsible for map development failed to comply with the requirement to review the classification of urban planning documents in line with the new legal framework. Those who did review relevant documents, in most cases, automatically extended classification, contrary to the law. The Ministry of Regional Development argued that the current legal framework could not be implemented, and that materials with restricted access (e.g., layout of water supply networks and civil defence objects) could not be separated from the rest of the urban planning maps. The ministry proposed to amend the law to reverse relevant provisions.[Note 16: Independent Reporting Mechanism (IRM) Progress Report 2014-15: Ukraine, 33-34. ] There was also the issue of funding, as redrawing of urban plans was costly. In the new urban planning documents developed through electronic means, separation of restricted parts from the rest of the urban planning materials was easy (because such electronic documents allow multi-layering). Achieving the same result in the hard-copy paper plans required a significant investment of time and money. According to ministry representatives, more than 20,000 cities and other dwellings had urban planning documents, but only 1,800 plans had been published online, including about 1,500 general plans.[Note 17: Ibid, 34. ]

End of term: Limited

No further progress has been achieved since the midterm report. On the contrary, the Ministry of Regional Development proposed to roll back the transparency requirement and close access to some information in the urban plans, by making public only a summary of the plan.[Note 18: Written interview with Volodymyr Shcherbachenko, NGO East-Ukrainian Center for Civic Initiatives.] Local authorities also continued to deny access to urban plans, despite clear provisions of the law allowing such access.[Note 19: See, for example, the case of Vinnytsia: http://bit.ly/2mSUovN, http://bit.ly/2oeSAxn.]

Did it open government?

Access to information: Marginal

The commitment had only a marginal impact on open government. It resulted in the publication of some urban planning documents, but failed to achieve its goal of ensuring free public access to all urban planning documentation and geo-information data (including in electronic form). According to NGOs working on urban development issues, the law on free access to urban planning documents is not complied with in most cases. Very few information holders reviewed the classification of relevant documentation, which still remains under restricted status.[Note 20: Written submission by NGO East-Ukrainian Center for Civic Initiatives.]

Carried forward?

The commitment was carried over to the new action plan. The new plan aims to amend Article 18 of the Law on Urban Planning (by December 2017), align local urban planning documentation with the legal requirements for their openness (by December 2017), and develop the software and hardware system of the national urban planning cadaster and launch it in test mode (by June 2018).


Ukraine's Commitments

  1. Infrastructure data portal

    UA0070, 2018, E-Government

  2. open standard for e-system

    UA0071, 2018, E-Government

  3. Ensuring openness and transparency of selling public assets and property

    UA0072, 2018, E-Government

  4. Transparency in public procurement (Prozorro)

    UA0073, 2018, E-Government

  5. Awarenss raising about social and economic development

    UA0074, 2018, Aid

  6. e-calls for proposals to support CSOs

    UA0075, 2018, Civic Space

  7. Beneficial ownership registry

    UA0076, 2018, Beneficial Ownership

  8. Anti-corruption Training

    UA0077, 2018, Anti-Corruption Institutions

  9. Publishing environmental information

    UA0078, 2018, E-Government

  10. Database of natural resources

    UA0079, 2018, E-Government

  11. Interactive map of mines

    UA0080, 2018, E-Government

  12. Priority electronic services

    UA0081, 2018, Citizenship and Immigration

  13. online platform for executive bodies and CSOs

    UA0082, 2018, Civic Space

  14. EITI online data

    UA0083, 2018, E-Government

  15. electronic resources for education

    UA0084, 2018, E-Government

  16. online verification of education certificates

    UA0085, 2018, E-Government

  17. Free access to national repository for academic texts

    UA0086, 2018, E-Government

  18. Administrative Service Decentrilisation and Improvement

    UA0057, 2016, Capacity Building

  19. United State Portal Extension; Electronic Government Information Services Unification; Modern Tools for Electronic Identification

    UA0058, 2016, Capacity Building

  20. System for Entities Performing Government Functions

    UA0059, 2016, Capacity Building

  21. Free Urban Planning Documentation

    UA0060, 2016, E-Government

  22. Beneficial Ownership Verification System

    UA0061, 2016, Beneficial Ownership

  23. CoST Beneficial Ownership Standards

    UA0062, 2016, E-Government

  24. Transpartent Budget System

    UA0063, 2016,

  25. Starred commitment Open Public Procurement

    UA0064, 2016, Capacity Building

  26. Starred commitment Extractive Industries Transparency Initiative

    UA0065, 2016, Extractive Industries

  27. Environmental Public Monitoring

    UA0066, 2016, Environment and Climate

  28. Community Policing System

    UA0067, 2016, Education

  29. Draft Law on Public Consultations

    UA0068, 2016, Legislation & Regulation

  30. Development of E-democracy.

    UA0069, 2016,

  31. Improve government rules on CSO involvement

    UA0031, 2014, E-Government

  32. Financing of charities

    UA0032, 2014, Civic Space

  33. Not-for-profit status for CSOs

    UA0033, 2014, Civic Space

  34. Public participation law

    UA0034, 2014, E-Government

  35. Establishing Rules on Processing Official Information

    UA0035, 2014, E-Government

  36. Access to Urban Planning Documents

    UA0036, 2014, E-Government

  37. Starred commitment Access to Communist-Era Archives

    UA0037, 2014, Legislation & Regulation

  38. Starred commitment Draft law on open data

    UA0038, 2014, Legislation & Regulation

  39. Starred commitment Supervisory mechanism for the right to information

    UA0039, 2014, Legislation & Regulation

  40. Compliance with EITI

    UA0040, 2014, Extractive Industries

  41. Monitoring of infrastructure projects

    UA0041, 2014, Anti-Corruption Institutions

  42. Adopt regional anti-corruption programmes

    UA0042, 2014, Anti-Corruption Institutions

  43. Corruption risk assessment methodology

    UA0043, 2014, Anti-Corruption Institutions

  44. Starred commitment Asset disclosure on a single web portal

    UA0044, 2014, Asset Disclosure

  45. Law on administrative procedure

    UA0045, 2014, Legislation & Regulation

  46. Law on streamlining payment of administrative fees

    UA0046, 2014, E-Government

  47. Administrative services portal

    UA0047, 2014, E-Government

  48. Draft law on decentralisation of administrative services

    UA0048, 2014, Legislation & Regulation

  49. Draft law on social services

    UA0049, 2014, E-Government

  50. e-Government laws

    UA0050, 2014, E-Government

  51. Electronic readiness assessment

    UA0051, 2014, E-Government

  52. Government regulations on open data

    UA0052, 2014, E-Government

  53. Electronic democracy development roadmap

    UA0053, 2014, E-Government

  54. Open budget initiatives

    UA0054, 2014, E-Government

  55. e-Petitions

    UA0055, 2014, E-Government

  56. e-Governance training for local government

    UA0056, 2014, Capacity Building

  57. Laws on public participation

    UA0001, 2012, Civic Space

  58. Amendments to the law on community associations

    UA0002, 2012, Civic Space

  59. Amendments to resolutions on collaboration with civil society

    UA0003, 2012, E-Government

  60. Training for public servants on consultations

    UA0004, 2012, Capacity Building

  61. Harmonisation of access to information laws

    UA0005, 2012, E-Government

  62. By-laws on access to information

    UA0006, 2012, Legislation & Regulation

  63. Guidelines for classifying data

    UA0007, 2012, Public Participation

  64. Public information recording systems

    UA0008, 2012, Records Management

  65. Law on public broadcasting

    UA0009, 2012, Civic Space

  66. Public access to information in state registers

    UA0010, 2012, E-Government

  67. Starred commitment Extractive Industries Transparency Initiative

    UA0011, 2012, E-Government

  68. Law for controlling declarations of public servants

    UA0012, 2012, Asset Disclosure

  69. Public declarations of officials’ assets

    UA0013, 2012, Asset Disclosure

  70. Guidelines on conflicts of interest

    UA0014, 2012, Conflicts of Interest

  71. Updated anti-corruption laws

    UA0015, 2012, E-Government

  72. Regional anti-corruption programmes

    UA0016, 2012, E-Government

  73. Law on competitive e-government procurement

    UA0017, 2012, E-Government

  74. Starred commitment Administrative services reforms

    UA0018, 2012, E-Government

  75. Electronic access to administrative services

    UA0019, 2012, E-Government

  76. Governmental web portal of administrative services

    UA0020, 2012, E-Government

  77. Administrative services in a digital format

    UA0021, 2012,

  78. Starred commitment Regional administrative service centres

    UA0022, 2012, Public Service Delivery

  79. Programme for promotion of e-government

    UA0023, 2012, E-Government

  80. Electronic collaboration between executive agencies

    UA0024, 2012,

  81. Web-based petitions system

    UA0025, 2012,

  82. One stop shop for e-Reporting

    UA0026, 2012, E-Government

  83. E-region pilot project

    UA0027, 2012, E-Government

  84. Network of e-government practitioners

    UA0028, 2012, Public Participation

  85. Public libraries as bridges towards e-governance

    UA0029, 2012, E-Government

  86. E-government knowledge management portal

    UA0030, 2012,