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The document ceased to be valid since  February 5, 2021 according to Item 1 of the Order of the Ministry of development of communities and the territories of Ukraine of  December 16, 2020 No. 313

It is registered

Ministry of Justice of Ukraine

December 12, 2019

No. 1238/34209

ORDER OF THE MINISTRY OF DEVELOPMENT OF COMMUNITIES AND TERRITORIES OF UKRAINE

of December 2, 2019 No. 285

About approval of the Procedure for functioning of electronic office in the field of town-planning activities

According to  Provision Item 8 about the Ministry of the development of communities and territories of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of April 30, 2014 No. 197 (in edition of the resolution of the Cabinet of Ministers of Ukraine of September 25, 2019 No. 850), to the subitem 4 of Item 6 of the resolution of the Cabinet of Ministers of Ukraine of March 27, 2019 to No. 367 "Some questions of deregulation of economic activity", Item 1-1 of the Procedure of the state architectural construction supervision approved by the resolution of the Cabinet of Ministers of Ukraine of May 23, 2011 No. 553, and to Item 11 of the Procedure for the imposing of penalties for offenses in the field of town-planning activities approved by the resolution of the Cabinet of Ministers of Ukraine of April 6, 1995 No. 244 (in edition of the resolution of the Cabinet of Ministers of Ukraine of October 2, 2013 to No. 735), I ORDER:

1. Approve such which are applied:

1) the Procedure for functioning of electronic office in the field of town-planning activities;

2) Changes in some orders of the Ministry of Regional Development, Construction and Housing of Ukraine.

2. Recognize invalid:

the order of the Ministry of Regional Development, Construction and Housing of Ukraine of November 24, 2014 No. 325 "About approval of the Procedure for functioning of electronic system of implementation of declarative procedures in construction", registered in the Ministry of Justice of Ukraine on December 12, 2014 for No. 1590/26367 (with changes);

the order of the Ministry of Regional Development, Construction and Housing of Ukraine of August 9, 2017 No. 194 "Some questions of functioning of information system when implementing licensing of economic activity on construction of facilities which on class of effects (responsibility) belong to objects with average and considerable effects", registered in the Ministry of Justice of Ukraine on September 8, 2017 for No. 1110/30978.

3. To department of town planning, architecture and planning of the territories (Belous S.) together with Legal department (Chepelyuk A.) in the procedure established by the legislation to provide submission of this order on state registration in the Ministry of Justice of Ukraine.

4. This order becomes effective from the date of its official publication.

5. To impose control of execution of this order on the deputy minister concerning the European integration Chaplinsky Yu.

Minister

A.Surok

It is approved:

The acting as the Chairman of the State agency concerning electronic control of Ukraine 

 

V. Bakal 

Acting as Chairman of the State architectural building control department of Ukraine 

A. Strokach 

Chairman of Public service of special communication and information security of Ukraine 

V. Petrov

Acting as Chairman of the Public regulatory service of Ukraine 

A. Miroshnichenko 

Acting minister of development of economy, trade and agricultural industry of Ukraine

P. Kukhta

Approved by the Order of the Ministry of development of communities and the territories of Ukraine of December 2, 2019 , No. 285

Procedure for functioning of electronic office in the field of town-planning activities

І. General provisions

1. This Procedure determines the mechanism of functioning, task and functionality of electronic office in the field of town-planning activities (further - electronic office), and also electronic document management through electronic office during implementation of licensing of economic activity by construction of facilities which on class of effects (responsibility) belong to objects with averages (CC 2) and considerable (CC 3) effects, provisions/receipts of services in questions of declarative and allowing procedures in construction, concerning implementation of actions of the state architectural construction supervision and receipt of consultations on the specified questions.

This Procedure does not regulate the procedure of consideration of the documents submitted by the subject of the address (its authorized person), for the purpose of receipt of services in paper form personally or directed by the registered mail with the inventory of investment.

2. In this Procedure terms are used in such values:

the website of the user (the subject of the address or the responsible person) - the individual personified website of the subject of the address or the responsible person on whom the electronic document management when implementing licensing of economic activity on construction of facilities which on class of effects (responsibility) belong to objects with averages (CC 2) and considerable (CC 3) effects, provisions/receipts of services in questions of declarative and allowing procedures in construction, concerning implementation of actions of the state architectural construction supervision and receipt of consultations on the specified questions is performed;

the responsible person - the official of body of the state architectural construction supervision determined by part three of article 6 of the Law of Ukraine "On regulation of town-planning activities" who according to requirements of the legislation and within powers has right of access to electronic office using the qualified digital signature (further - KEP);

electronic documents - the documents filed electronically by the subject of the address through electronic office during implementation of licensing of economic activity on construction of facilities which on class of effects (responsibility) belong to objects with averages (CC 2) and considerable (CC 3) effects, on provision/receipt of services in questions of declarative and allowing procedures in construction, concerning implementation of actions of the state architectural construction supervision, receipt of consultations on the specified questions with imposing on them of KEP and/or electronic seal;

electronic materials of checks - materials of checks by results of the state architectural construction supervision (the act, the instruction, the protocol, the resolution on imposing of penalty, the resolution on solution of the case) which are constituted/issued and introduced in electronic office by the responsible person with use of KEP;

users of electronic office (further - users) - the responsible person and the subject of the address;

right of access - actions which the subject of the address and the responsible person have the right to carry out in electronic office;

the subject of the address - physical person or legal entity which underwent the procedure of electronic identification and authentication in electronic office.

Other terms in this Procedure are used in the values given in the Laws of Ukraine "On regulation of town-planning activities", "About architectural activities", "About responsibility for offenses in the field of town-planning activities", "About licensing of types of economic activity", "About information security in information and telecommunication systems", "About administrative services", "About electronic documents and electronic document management", "About electronic confidential services", the Procedure for imposing of penalties for offenses in the field of town-planning activities approved by the resolution of the Cabinet of Ministers of Ukraine of April 6, 1995 No. 244 (in edition of the resolution of the Cabinet of Ministers of Ukraine of October 2, 2013 No. 735), the Procedure for licensing of the economic activity connected with creation of objects of architecture No. approved by the resolution of the Cabinet of Ministers of Ukraine of December 5, 2007 1396, the Procedure for acceptance in operation finished with construction of facilities, No. 461 approved by the resolution of the Cabinet of Ministers of Ukraine of April 13, 2011 (in edition of the resolution of the Cabinet of Ministers of Ukraine of September 8, 2015 No. 750), the Procedure for accomplishment of preparatory and construction works approved by the resolution of the Cabinet of Ministers of Ukraine of April 13, 2011 No. 466 (in edition of the resolution of the Cabinet of Ministers of Ukraine of August 26, 2015 No. 747), the Procedure of the state architectural construction supervision approved by the resolution of the Cabinet of Ministers of Ukraine of May 23, 2011 No. 553, the resolution of the Cabinet of Ministers of Ukraine of March 30, 2016 No. 256 "Some questions of licensing of construction of facilities which on class of effects (responsibility) belong to objects with average and considerable effects".

3. Bodies of the state architectural construction supervision through electronic office provide such services (further - services):

1) the notification on the beginning of accomplishment of preparatory works / about change of data in the notification on the beginning of accomplishment of preparatory work;

2) the notification on the beginning of accomplishment of construction works on objects which construction is performed based on the construction passport / about change of data in the notification on the beginning of accomplishment of construction works on objects which construction is performed based on the construction passport;

3) the notification on the beginning of accomplishment of construction works concerning objects which on class of effects (responsibility) belong to objects with insignificant effects (CC 1);

4) modification of the notification on the beginning of accomplishment of construction works concerning objects which on class of effects (responsibility) belong to objects with insignificant effects (CC 1);

5) filing of application about cancellation of the notification on the beginning of accomplishment of preparatory and/or construction works;

6) change of data in the registered declaration on the beginning of accomplishment of preparatory/construction works;

7) registration of the declaration on readiness for operation of object which construction is performed based on the construction passport;

8) registration of the declaration on readiness for operation of object which on class of effects (responsibility) belongs to objects with insignificant effects (CC 1);

9) registration of the declaration on readiness for operation of self-willedally constructed object on which the property right by a court decision which took legal effect is recognized;

10) modification of declarations on readiness for operation of object which construction is performed based on the construction passport / declaration about readiness for operation of object which on class of effects (responsibility) belongs to objects with insignificant effects (CC 1)/declaration about readiness for operation of self-willedally constructed object on which the property right by a court decision is recognized;

11) modification of the declaration registered in accordance with the established procedure concerning object which belongs to the III category of complexity (class of effects (responsibility) CC 2);

12) registration of the declaration on readiness of object for operation of individual (farmstead) apartment houses, garden, country houses with a total area up to 300 square meters, and also the economic (home) buildings and constructions with a total area up to 300 square meters constructed during the period from August 5, 1992 to April 09, 2015, buildings and constructions of agricultural purpose constructed till March 12, 2011;

13) modification in case of identification of technical mistake (slip, printing, grammatical, arithmetic mistake) in the registered declaration specified in the subitem 12 of this Item;

14) issue of permission to accomplishment of construction works / change of data in permission to accomplishment of construction works;

15) issue of the certificate on acceptance in operation finished with construction of facilities which on class of effects (responsibility) belong to objects with averages (CC 2) and considerable (CC 3) effects;

16) licensing on construction of facilities which on class of effects (responsibility) belong to objects with average and considerable effects;

17) renewal of the license for implementation of economic activity on construction of facilities which on class of effects (responsibility) belong to objects with average effects or with average and considerable effects;

18) cancellation of the license fully or partially for implementation of economic activity on construction of facilities which on class of effects (responsibility) belong to objects with average effects or with average and considerable effects;

19) modification of the list of work types on implementation of economic activity on construction of facilities which on class of effects (responsibility) belong to objects with average effects or with average and considerable effects which are subject to licensing;

20) the notification on the planned or unplanned termination of implementation of economic activity in general or in certain places of implementation of such activities, about renewal of implementation of economic activity, about all changes of data which were specified in the documents enclosed to the application for receipt of the license;

21) suspension of action of the license fully or partially for implementation of economic activity on construction of facilities which on class of effects (responsibility) belong to objects with average effects or with average and considerable effects;

22) renewal of action of the license fully or partially for implementation of economic activity on construction of facilities which on class of effects (responsibility) belong to objects with average effects or with average and considerable effects;

23) the notification on suspension of consideration of the documents filed for receipt of the document of allowing nature at the request of the subject of the address.

4. Representation through electronic office of electronic documents for provision/receipt of the administrative services determined by subitems 1 - the 10th Item 3 of this Section, entering into the unified register of documents which grant the right to accomplishment of preparatory and construction works and certify acceptance in operation finished with construction of facilities, data on return to completion, refusal in issue, cancellation and cancellation of the specified documents (further - the Register) are performed automatically in day of their receipt.

5. Holder of electronic office is the Ministry of development of communities and territories of Ukraine.

6. Technical administrator is the state unitary enterprise which belongs to the sphere of management of the Ministry of digital transformation and performs measures of administration of electronic office, its technological support, technical support (implementation, high-quality and smooth operation, updates, modification, elimination of mistakes, ensuring integrity and authenticity of source program code), and also preserving and information security, the data (data) in electronic office.

The technical administrator provides, blocks and cancels right of access of responsible persons to electronic office according to the address of the head of relevant organ of the state architectural construction supervision. Entering of data into electronic office by responsible persons according to the procedure, determined by Sections VI, VII of this Procedure, is possible only in the presence of keys of access to the Register.

The technical administrator provides informing users on the temporary termination of functioning of electronic office in connection with carrying out scheduled and other works by the direction not later than three calendar days prior to carrying out the specified works, the adequate written notice on e-mail addresses and websites of users, and also placement of such notification on the website of electronic office.

7. The state architectural building control department of Ukraine provides functioning of electronic office (obtaining, creation, viewing, processing, consideration, processing, departure, transfer, use, introduction of information, documents, data (data) in electronic office and provision of suggestions for improvement of work of electronic office).

8. Access to electronic office is provided through the website which has the official address on the Internet - https://e-dabi.gov.ua/.

9. Information, data (data) which contain in electronic office are stored constantly, electronic documents are stored according to the legislation in the field of archiving and clerical work.

10. Software of electronic office automatically block possibility of submission of the electronic document by the subject of the address in case of non-confirmation of authenticity of KEP and/or electronic seal when signing such document by imposing of KEP and/or electronic seal.

11. The electronic office is conducted in Ukrainian and functions round the clock seven days a week.

II. Tasks and functionality of electronic office

1. Tasks of electronic office:

1) providing electronic document management between subjects of the address and bodies of the state architectural construction supervision during rendering/obtaining electronically administrative services, implementation of actions of the state architectural construction supervision and consultation on these questions;

2) placement of information, data (data), documents on provision/receipt of administrative services, holding actions of architectural construction supervision and consultation on these questions;

3) ensuring transparency, availability and convenience during obtaining/provision of administrative services, reduction of corruption risks.

2. Are provided with functionality of electronic office:

1) the procedure of electronic identification and authentication with use of the integrated system of electronic identification of users;

2) authorization of users;

3) interaction with means of KEP or electronic seal of subjects of the address and responsible persons for the purpose of imposing by them of own KEP or electronic seal for creation of the electronic document;

4) access for subjects of the addressing electronic documents and their filling when implementing licensing of economic activity on construction of facilities which on class of effects (responsibility) belong to objects with averages (CC 2) and considerable (CC 3) effects, and for receipt of administrative services;

5) registration and submission of electronic documents through electronic office;

6) obtaining, consideration by responsible persons of the electronic documents submitted by the subject of the address through electronic office (except those which are processed automatically), with automatic fixing of time of sending and time of obtaining, integrity and authenticity of electronic documents;

7) introduction of data (registration) in the Register;

8) the automatic direction software of electronic office of the notification on condition of consideration of electronic documents and the relevant decision made by results of their consideration to the subject of the address to the address of its e-mail and website of the user;

9) electronic information exchange with other state electronic information resources, including:

The Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming;

State register of the corporeal rights to real estate;

State land cadastre;

The register of the certified persons;

town-planning inventories (on condition of technical capability);

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