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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, Public Service Delivery

IRM Review

IRM Report: Ukraine End-of-Term Report 2014-2016, Ukraine IRM Report 2014 – 2015

Starred: No

Early Results: 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).


Commitments

  1. Expand budget transparency system

    UA0087, 2020, Anti-Corruption

  2. Transparency of public assets

    UA0088, 2020, Access to Information

  3. Create general education distance learning system

    UA0089, 2020, E-Government

  4. Open Science

    UA0090, 2020, Access to Information

  5. Online platform for patents and innovation

    UA0091, 2020, Capacity Building

  6. Audit of beneficial ownership register

    UA0092, 2020, Anti-Corruption

  7. Expand uses for e-democracy platform

    UA0093, 2020, Access to Information

  8. Electronic system for transparency in extractive industries

    UA0094, 2020, Anti-Corruption

  9. Establish National Centre for Open Data Competence

    UA0095, 2020, Access to Information

  10. Digital accessibility for persons with disabilities

    UA0096, 2020, E-Government

  11. Increasing youth participation in policy

    UA0097, 2020, Capacity Building

  12. Publish information related to road system

    UA0098, 2020, E-Government

  13. Register for infrastructure contract information

    UA0099, 2020, Anti-Corruption

  14. Publish gender-disaggregated open data

    UA0100, 2020, Access to Information

  15. Infrastructure Data Portal

    UA0070, 2018, Anti-Corruption

  16. Open Standard for e-System

    UA0071, 2018, E-Government

  17. Ensuring Openness and Transparency of Selling Public Assets and Property

    UA0072, 2018, E-Government

  18. Transparency in Public Procurement (Prozorro)

    UA0073, 2018, Access to Information

  19. Awarenss Raising About Social and Economic Development

    UA0074, 2018, Aid

  20. e-Calls for Proposals to Support CSOs

    UA0075, 2018, Civic Space

  21. Beneficial Ownership Registry

    UA0076, 2018, Anti-Corruption

  22. Anti-Corruption Training

    UA0077, 2018, Anti-Corruption

  23. Publishing Environmental Information

    UA0078, 2018, E-Government

  24. Database of Natural Resources

    UA0079, 2018, Access to Information

  25. Interactive Map of Mines

    UA0080, 2018, E-Government

  26. Priority Electronic Services

    UA0081, 2018, Citizenship & Immigration

  27. Online Platform for Executive Bodies and CSOs

    UA0082, 2018, Civic Space

  28. EITI Online Data

    UA0083, 2018, Access to Information

  29. Electronic Resources for Education

    UA0084, 2018, Access to Information

  30. Online Verification of Education Certificates

    UA0085, 2018, E-Government

  31. Free Access to National Repository for Academic Texts

    UA0086, 2018, E-Government

  32. Administrative Service Decentrilisation and Improvement

    UA0057, 2016, Capacity Building

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

    UA0058, 2016, Capacity Building

  34. System for Entities Performing Government Functions

    UA0059, 2016, Anti-Corruption

  35. Free Urban Planning Documentation

    UA0060, 2016, E-Government

  36. Beneficial Ownership Verification System

    UA0061, 2016, Anti-Corruption

  37. CoST Beneficial Ownership Standards

    UA0062, 2016, Anti-Corruption

  38. Transpartent Budget System

    UA0063, 2016,

  39. Starred commitment Open Public Procurement

    UA0064, 2016, Access to Information

  40. Starred commitment Extractive Industries Transparency Initiative

    UA0065, 2016, Anti-Corruption

  41. Environmental Public Monitoring

    UA0066, 2016, Access to Information

  42. Community Policing System

    UA0067, 2016, Education

  43. Draft Law on Public Consultations

    UA0068, 2016, Legislation & Regulation

  44. Development of E-Democracy.

    UA0069, 2016, Anti-Corruption

  45. Improve Government Rules on CSO Involvement

    UA0031, 2014, E-Government

  46. Financing of Charities

    UA0032, 2014, Civic Space

  47. Not-For-Profit Status for CSOs

    UA0033, 2014, Civic Space

  48. Public Participation Law

    UA0034, 2014, E-Government

  49. Establishing Rules on Processing Official Information

    UA0035, 2014, Access to Information

  50. Access to Urban Planning Documents

    UA0036, 2014, E-Government

  51. Starred commitment Access to Communist-Era Archives

    UA0037, 2014, Legislation & Regulation

  52. Starred commitment Draft Law on Open Data

    UA0038, 2014, Access to Information

  53. Starred commitment Supervisory Mechanism for the Right to Information

    UA0039, 2014, Access to Information

  54. Compliance with EITI

    UA0040, 2014, Anti-Corruption

  55. Monitoring of Infrastructure Projects

    UA0041, 2014, Anti-Corruption

  56. Adopt Regional Anti-Corruption Programmes

    UA0042, 2014, Anti-Corruption

  57. Corruption Risk Assessment Methodology

    UA0043, 2014, Anti-Corruption

  58. Starred commitment Asset Disclosure on a Single Web Portal

    UA0044, 2014, Anti-Corruption

  59. Law on Administrative Procedure

    UA0045, 2014, Legislation & Regulation

  60. Law on Streamlining Payment of Administrative Fees

    UA0046, 2014, E-Government

  61. Administrative Services Portal

    UA0047, 2014, Access to Information

  62. Draft Law on Decentralisation of Administrative Services

    UA0048, 2014, Legislation & Regulation

  63. Draft Law on Social Services

    UA0049, 2014, E-Government

  64. e-Government Laws

    UA0050, 2014, E-Government

  65. Electronic Readiness Assessment

    UA0051, 2014, E-Government

  66. Government Regulations on Open Data

    UA0052, 2014, Access to Information

  67. Electronic Democracy Development Roadmap

    UA0053, 2014, Anti-Corruption

  68. Open Budget Initiatives

    UA0054, 2014, Access to Information

  69. e-Petitions

    UA0055, 2014, Access to Justice

  70. e-Governance Training for Local Government

    UA0056, 2014, Capacity Building

  71. Laws on Public Participation

    UA0001, 2012, Civic Space

  72. Amendments to the Law on Community Associations

    UA0002, 2012, Civic Space

  73. Amendments to Resolutions on Collaboration with Civil Society

    UA0003, 2012, E-Government

  74. Training for Public Servants on Consultations

    UA0004, 2012, Capacity Building

  75. Harmonisation of Access to Information Laws

    UA0005, 2012, Access to Information

  76. By-Laws on Access to Information

    UA0006, 2012, Access to Information

  77. Guidelines for Classifying Data

    UA0007, 2012, Public Participation

  78. Public Information Recording Systems

    UA0008, 2012,

  79. Law on Public Broadcasting

    UA0009, 2012, Civic Space

  80. Public Access to Information in State Registers

    UA0010, 2012, E-Government

  81. Starred commitment Extractive Industries Transparency Initiative

    UA0011, 2012, Anti-Corruption

  82. Law for Controlling Declarations of Public Servants

    UA0012, 2012, Anti-Corruption

  83. Public Declarations of Officials’ Assets

    UA0013, 2012, Anti-Corruption

  84. Guidelines on Conflicts of Interest

    UA0014, 2012, Anti-Corruption

  85. Updated Anti-Corruption Laws

    UA0015, 2012, E-Government

  86. Regional Anti-Corruption Programmes

    UA0016, 2012, E-Government

  87. Law on Competitive e-Government Procurement

    UA0017, 2012, Anti-Corruption

  88. Starred commitment Administrative Services Reforms

    UA0018, 2012, E-Government

  89. Electronic Access to Administrative Services

    UA0019, 2012, E-Government

  90. Governmental Web Portal of Administrative Services

    UA0020, 2012, E-Government

  91. Administrative Services in a Digital Format

    UA0021, 2012,

  92. Starred commitment Regional Administrative Service Centres

    UA0022, 2012,

  93. Programme for Promotion of e-Government

    UA0023, 2012, E-Government

  94. Electronic Collaboration Between Executive Agencies

    UA0024, 2012,

  95. Web-Based Petitions System

    UA0025, 2012, E-petitions

  96. One Stop Shop for e-Reporting

    UA0026, 2012, E-Government

  97. e-Region Pilot Project

    UA0027, 2012, E-Government

  98. Network of e-Government Practitioners

    UA0028, 2012, Public Participation

  99. Public Libraries as Bridges Towards e-Governance

    UA0029, 2012, E-Government

  100. e-Government Knowledge Management Portal

    UA0030, 2012,

Open Government Partnership