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Ukraine

Free Urban Planning Documentation (UA0060)

Overview

At-a-Glance

Action Plan: Ukraine Third National Action Plan 2016-2018

Action Plan Cycle: 2016

Status: Inactive

Institutions

Lead Institution: Ministry of Regional Development, Ministry of Defense, local state administrations, local government authorities (by consent), commercial entities in the field of the development of urban planning documentation (by consent).

Support Institution(s): East Ukrainian Centre for Civic Initiatives and Eidos Centre for Political Studies and Analysis non-governmental organisations, other civil society institutions and international organisations (by consent).

Policy Areas

E-Government, Fiscal Transparency, Infrastructure & Transport, Land & Spatial Planning, Legislation & Regulation

IRM Review

IRM Report: Ukraine End-of-Term Report 2016-2018, Ukraine Mid-Term Report 2016-2018

Starred: No

Early Results: Marginal

Design i

Verifiable: No

Relevant to OGP Values: Access to Information Technology

Potential Impact:

Implementation i

Completion:

Description

Event: Provision of free public access to urban planning documentation; Implementation timeframe : 2017-2018; Entities responsible: Ministry of Regional Development, Ministry of Defense, local state administrations, local government authorities (by consent), commercial entities in the field of the development of urban planning documentation (by consent).; Partners: East Ukrainian Centre for Civic Initiatives and Eidos Centre for Political Studies and Analysis non-governmental organisations, other civil society institutions and international organisations (by consent).; Expected results: Ensuring the: Development of a draft law on amending article 18 of the Law of Ukraine “On the regulation of urban planning documentation (December 2017) and submission of the draft in accordance with established procedures for consideration by the Government. Compliance of the structure and content of urban planning documentation at the local level, as it concerns restricted access information, with legislative requirements for openness (December 2017). Development and implementation of the first stage of the software and hardware system for the urban planning cadastre at the state level, launch of the trial operation of the information system (June 2018).

IRM End of Term Status Summary

4. Provide free public access to urban planning documentation

Commitment Text:

Provision of free public access to urban planning documentation.

Expected results: Development of a draft law on amending article 18 of the Law of Ukraine “On the regulation of urban planning documentation (December 2017) and submission of the draft in accordance with established procedures for consideration by the Government. Compliance of the structure and content of urban planning documentation at the local level, as it concerns restricted access information, with legislative requirements for openness (December 2017). Development and implementation of the first stage of the software and hardware system for the urban planning cadastre at the state level, launch of the trial operation of the information system (June 2018).

Responsible Institutions: Ministry of Regional Development, Ministry of Defense, local state administrations, local government authorities (by consent), commercial entities in the field of the development of urban planning documentation (by consent).

Supporting Institutions: East Ukrainian Center for Civic Initiatives and Eidos Center for Political Studies and Analysis non-governmental organizations, other civil society institutions and international organizations (by consent).

Start date: December 2016..                                     End date: August 2018

Commitment Aim:

This commitment aims to provide free public access to urban planning documentation. The government planned to develop the relevant draft legal amendments on the regulation of urban planning documentation. Such amendments would ensure that the structure and content of urban planning documentation complies with legal openness guidelines. The government also planned to develop and execute a trial operation for software and hardware systems for an urban planning cadastre.

Status

Midterm: Limited

By midterm, the commitment saw limited progress. The government has developed two relevant draft laws. Draft law #4585 is On Amendments to Some Laws of Ukraine on Improving Urban Development. [69] Draft law #6403 is On Amendments to the Law of Ukraine On the Regulation of Urban Development Activities. [70] However, the parliament did not adopt these laws during the first year of the action plan. Moreover, in May 2017, the Cabinet of Ministers adopted decree #354, [71] which introduced changes to decree #559. [72] The changes led to the opening and publishing of urban planning documentation online. Regarding whether provisions of the law comply with openness practices, perceptions of stakeholders differ. Civil society experts note the cases of low transparency in some settlements, while authorities provide statistics demonstrating higher transparency in cities and lower transparency in villages. In October 2017, the Ministry of Agrarian Policy and Food, the State Agency of E-Governance, and Transparency International Ukraine (an external auditor of the system) announced the launch of an updated state land registry. For more information, please see the 2016–2018 IRM midterm report. [73]

End of term: Limited

By the end of the action plan term, Parliament had adopted neither of the draft laws regulating transparency of urban documentation. The government revoked draft law #4585, On Amendments to Some Laws of Ukraine on Improving Urban Development. [74] Parliament adopted draft law #6403, On Amendments to the Law of Ukraine On the Regulation of Urban Development Activities, in first reading. So it is being prepared for the second hearing. [75] However, the Ministry of Regional Development has developed a draft decree #220 On Adopting the Requirements for the Structure and Format of Publishing Information on Urban Planning Documentation in Internet. The decree was passed to the Ministry of Justice for review. [76] According to a report from a civil society expert who develops and advocates urban planning portals, few local authorities disclosed urban development plans in an open data format and even fewer disclosed detailed plans of territories. [77] For example, some municipalities published online a digital photo of poor quality and a report of poor completion. However, some municipalities (e.g., the cities of Dnipro, Zhytomyr, Kyiv, [78] Lviv, [79] Rivne, [80] and Chernivtsi) developed and published online geo-information portals with detailed and visual information. [81]

Civil society developed Open Budget, a municipal transparency and accountability e-services online platform. [82] As a module, it mapped construction and repair works of 15 communities. It also linked the building information with public registries (E-data, ProZorro, the Registry of Legal Entities, the Registry of Court Decisions), independent anti-corruption online monitoring resources (Anti-Corruption Monitor and Clarity Project), and independent online road monitoring resources (UARoads and Navizor). In addition, the platform visualized the projects on Google Maps. [83] This module operates for Drohobych, [84] Uzhgorod, [85] and Dnipropetrovsk oblast. [86] The state urban planning land registry would inform citizens and give the Service of Urban Planning Cadastre the authority to edit. However, the Ministry of Regional Development stated that it did not possess the required technical and software resources to launch it and that the state budget did not allocate the necessary funds to develop it. [87] Nevertheless, the ministry collaborated with the Better Regulation Delivery Office to develop an informative web resource through which anybody can obtain data about urban planning documentation. The ministry initially provided [88] a link to a malfunctioning website. [89] However, in September 2018, this online cadastre, with exclusive information functions, operated at a different web address. [90] The geo-information map appeared detailed. However, some land plots were missing digital information, and the official disclaimer warned of the possibility of geometrical mistakes on the map, such as overlapping land plots. The map reflects accurate information as of 2016. For each land plot, the map provides its cadastre number, and specifies the type of property (private or public), its function, area, and online links where one can request an official inquiry.

Did It Open Government?

Access to Information: Marginal

The government did not introduce legislative changes. However, the government did adopt the decree mandating the online publication of urban documentation. As a result, several municipalities published geo-information portals with exhaustive and visualized information. The publishing of the cadastre registry online constitutes a big step forward. However, this progress has led to marginal changes in improving access to information on urban planning.

Carried Forward?

When this report was written, the government had not adopted a new action plan. The government could clearly identify how local governments will be monitored and specify the functionality of the digital cadastre system. More urban and rural communities should introduce geo-information portals with urban planning information.

[69] “The Draft Law on Amendments to Some Laws of Ukraine on Improving Urban Development,” #4585, the Verkhovna Rada of Ukraine: The Official Web-portal, http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=58971.

[70] “The Draft Law on Amendments to the Law of Ukraine ‘On the Regulation of Urban Development Activities,’” #6403, the Verkhovna Rada of Ukraine: The Official Web-portal, http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=61676.

[71] “Cabinet of Ministers of Ukraine. The Regulation on 24 May 2017 #354, The Government Portal,” Unified Web-Portal of Executive Authorities of Ukraine, https://www.kmu.gov.ua/ua/npas/250014978.

[72] “Cabinet of Ministers of Ukraine. The Regulation on 25 May 2017 #559, The Government Portal,” Unified Web-Portal of Executive Authorities of Ukraine, https://www.kmu.gov.ua/ua/npas/244303939.

[73] “Ukraine Mid-Term Report 2016–2018,” Open Government Partnership, https://www.opengovpartnership.org/documents/ukraine-mid-term-report-2016-2018-year-1/.

[74] “The Draft Law on Amendments to Some Laws of Ukraine on Improving Urban Development,” #4585.

[75] “The Draft Law on Amendments to the Law of Ukraine ‘On the Regulation of Urban Development Activities,’” #6403.

[76] Serhiy Bilous (Ministry of Regional Development), email exchange with IRM researcher, 18 September 2018.

[77] Volodymyr Tarnay (Eidos), email exchange with IRM researcher, 24 October 2018.

[78] “Maino,” GIS, https://gis.kievcity.gov.ua/map/park#map=14//50.44381368314857//30.53812980651856&&layer=9635591070826271-v:1|op:1.

[79] Lviv Map, Geoportal of Open Data of Lviv City Council, https://map.city-adm.lviv.ua/map/main#map=12//49.83720745438341//24.034996032714847&&layer=9635585433681688-1,100//12727358008557405-0,100//12721097171418162-1,100.

[80] Master Plan Rivne, Geoportal of Open Data of the Department of Urban Development and Architecture of the Executive Committee of the Rivne City Council, http://geo.rv.ua/ua/map/urban-plan#map=12//50.6191843//26.2302382&&layer=1664656129424098568-1,100//1758623072589448913-1,100.

[81] Volodymyr Tarnay (Eidos), interview with IRM researcher, 14 August 2018.

[82] “Open Budget,” http://www.openbudget.in.ua/.

[83] Volodymyr Tarnay (Eidos), interview with IRM researcher, 14 August 2018.

[84] “City Budget Map,” Drohobych City Council, http://drohobych-rada.gov.ua/informatsiya-vykonavchyh-organiv/byudzhetna-karta-mista/.

[85] “Budget on the Map,” Uzhgorod City Council, http://rada-uzhgorod.gov.ua/byudzhet-na-mapi/.

[86] “Open Budget,” Dnipropetrivsk Oblast Administration, http://openbudget.dp.gov.ua/.

[87] Serhiy Bilous (Ministry of Regional Development), email exchange with IRM researcher, 18 September 2018.

[88] Ibid.

[89] “Apache2 Ubuntu” Default Page, accessed 18 September 2018, http://www.pmap.minregion.gov.ua/.

[90] “The Public Cadastre Map of Ukraine,” accessed 17 September 2018, http://map.land.gov.ua/.


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, Money in Politics

  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,