RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 23, 2021 No. 681

Some questions of ensuring functioning of Single state electronic system in the field of construction

According to the paragraph to the second the subitem 4 of Item 11 of the Section II "Final and transitional provisions" of the Law of Ukraine of October 17, 2019 "About modification of some legal acts of Ukraine concerning enhancement of procedure for provision of administrative services in the field of construction and creation of Single state electronic system in the field of construction" the Cabinet of Ministers of Ukraine decides No. 199-IX:

1. Approve the Procedure for maintaining Single state electronic system in the field of construction which is applied.

2. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

3. To provide to the ministry of development of communities and territories:

1) till August 31, 2021 - integration into structure of Single state electronic system in the field of construction of data of the Open Space Planning project (http://pmap.minregion.gov.ua) and Geoportal of the administrative-territorial device of Ukraine (https://atu.gki.com.ua/);

2) till August 31, 2021 - possibility of use in Single state electronic system in the field of construction of developed sets of geospatial these master plans of settlements, plans of zoning of the territories, detailed plans of the territory, orthophotomaps, topographic maps and plans of appropriate levels in the state geodetic system of coordinates USK-2000, which are promulgated as geospatial services of display of data;

3) till August 31, 2021 - approval of single system of classification and coding of objects for forming of databases of Single state electronic system in the field of construction as component of the town-planning inventory (the qualifier, including, attributes of objects, graphical symbols, rules of topology, association between objects, metadata, structure of base of geodata);

4) till November 30, 2021 - development of service of validation and public discussion of drafts of town-planning documentation on the portal of Single state electronic system in the field of construction;

5) till November 30, 2021 - access to data of Single state electronic system in the field of construction for use and display as a part of the State land cadastre by information exchange of systems by means of system of electronic interaction of the state electronic information Trembita resources.

4. To provide to the Ministry of Justice and the Ministry of development of communities and territories till July 31, 2021 technical capability of electronic information exchange between the State register of the rights to real estate and Single state electronic system in the field of construction for:

1) extraction from the State register of the corporeal rights to real estate of data on the registered corporeal rights to real estate and their encumbrances according to registration number of the real estate unit in this Register and to the address of the real estate unit;

2) receipts by the state registrars of the rights to real estate of information of Single state electronic system in the field of construction about results of carrying out technical inventory count of real estate units.

5. And information policy to provide to the Ministry of Culture:

1) till August 31, 2021 - submission of data concerning employees of bodies of protection of cultural heritage who will be connected in Single state electronic system in the field of construction by the technical administrator according to Procedure for maintaining Single state electronic system in the field of construction;

2) till August 31, 2021 - updating in Single state electronic system in the field of construction of information on subjects of the State register of immovable monuments of Ukraine by check and confirmation of addresses of such objects according to the dictionary of streets of settlements and streets of the named subjects of the State register of the corporeal rights to real estate;

3) establishing electronic interaction between Single state electronic system in the field of construction and the State register of immovable monuments of Ukraine to the employees of bodies of protection of cultural heritage connected to Single state electronic system in the field of construction - monthly updating of Single state electronic system in the field of construction of information on the monuments of cultural heritage included in the State register of immovable monuments of Ukraine or registered according to the legislation existing before entry into force of the Law of Ukraine "About protection of cultural heritage".

6. To provide to public service on emergency situations:

1) till September 1, 2023 - connection of staff of Public service on emergency situations to Single the state electronic system in the field of construction;

2) till November 1, 2023 - updating in Single state electronic system in the field of construction of information on objects of the increased danger which are entered in the State register of objects of the increased danger, by check and confirmation of addresses of such objects according to the dictionary of streets of settlements and streets of the named subjects of the State register of the corporeal rights to real estate;

3) establishing electronic information exchange between Single state electronic system in the field of construction and the State register of objects of the increased danger - monthly updating of Single state electronic system in the field of construction information on objects of the increased danger which are entered in the State register of objects of the increased danger.

7. To provide to public service concerning geodesy, cartography and the inventory:

1) till August 31, 2021:

maintaining the State register of the certified surveying engineers, maintaining the State register of the certified engineers land surveyors on the basis of the software of the State land cadastre and its information exchange with geoportals of the State geodetic network and base of topographical data, Single state electronic system in the field of construction and, in case of need, with other state electronic information resources for automatic verification of engineers land surveyors;

establishing electronic information exchange between Single state electronic system in the field of construction and the State land cadastre in real time, primary verification in electronic office of the user of Single state electronic system in the field of construction of persons who in the procedure established by the law are included in the State register the certified engineers land surveyors or the State register of the certified surveying engineers, both collection and entering into Single state electronic system in the field of construction of registration numbers of accounting cards of taxpayers and unique numbers of entry in the register (in the presence) of faces which in the procedure established by the law are included in the State register of the certified engineers land surveyors or the State register of the certified surveying engineers;

2) till July 31, 2021 - electronic information exchange between Single state electronic system in the field of construction and the State land cadastre in real time for receipt of data of the State land cadastre on the parcels of land, in particular, restrictions in use of the parcels of land, coordinates of rotary points of borders of the parcels of land, the parcel of land on details of the address of the location of the parcel of land in the State land cadastre, borders of administrative and territorial units, persons who in the procedure established by the law are included in the State register of the certified engineers land surveyors or the State register of the certified surveying engineers.

8. Recommend to local government bodies to provide:

1) entering into Single state electronic system in the field of construction of town-planning conditions and restrictions, construction passports which are issued before introduction of such electronic system;

2) connection to Single state electronic system in the field of construction of developed sets of geospatial these master plans of settlements, plans of zoning of the territories, detailed plans of the territory, orthophotomaps, topographic maps and plans of appropriate levels in the state geodetic system of coordinates USK-2000, which are promulgated as geospatial services of display of data;

3) taking measures for ensuring institutional and technical capability for proper use of the relevant councils of Single state electronic system by executive bodies in the field of construction;

4) connection of the centers of provision of administrative services to Single state electronic system in the field of construction.

9. Before enforcement of Single state electronic system in the field of construction regarding creation of the inventory cases, materials of technical inventory count, technical data sheets finished with construction of facilities and their parts (residential and non-residential premises), objects of construction in progress the conclusion of electronic agreements on carrying out technical inventory count and making of other actions concerning these documents since August 1, 2021:

physical persons entrepreneurs or legal entities who according to part two of article 39-3 of the Law of Ukraine "On regulation of town-planning activities" carry out technical inventory count of real estate units bring in electronic office of the user of Single state electronic system in the field of construction of the data on the carried-out technical inventory count of the real estate unit;

subjects of state registration of the rights by provision of service in the field of state registration of the corporeal rights to real estate and their encumbrances use data on real estate object, the right to which is subject to registration, from Single state electronic system in the field of construction.

10. This resolution becomes effective from the date of its publication, except Item 88 of the Procedure for maintaining Single state electronic system in the field of the construction approved by this resolution which becomes effective since August 1, 2021, and the paragraph of the thirteenth 60 and Item 174 of the specified Procedure which become effective since October 1, 2021.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 23, 2021 , No. 681

Procedure for maintaining Single state electronic system in the field of construction

General questions

1. This Procedure determines the procedure and requirements for maintaining Single state electronic system in the field of construction (further - electronic system).

Prior to the day of entry into force of the act of the Cabinet of Ministers of Ukraine of possibility of ensuring implementation of DIAM of powers and accomplishment of functions of Gosarkhstroyinspektion during automatic inclusion in the Register of construction activities of electronic system of notifications on the beginning of accomplishment of preparatory and construction works, automatic registration of the declaration on readiness of object for operation, automatic registration of changes of such documents, their cancellation funds of electronic system for such electronic document set qualified electronic seal of Gosarkhstroyinspektion.

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

1) authorization - the electronic procedure of establishment of level of access rights to different subsystems and software modules of electronic system depending on the identifier and the password of the user of electronic office of electronic system;

2) electronic documents - the documents created, introduced or submitted electronically users of electronic system to electronic system during provision/receipt of the administrative services and other services in the field of construction provided by this Procedure, implementation of actions for architectural construction supervision and supervision with imposing on them the qualified digital signature and/or seal;

3) the user of electronic office - state body, local government body, legal entity or physical person to which according to this Procedure access to electronic system is provided and which underwent the procedure of electronic identification / authentication;

4) the user of electronic system - the user of electronic office which uses information of electronic system through the portal of electronic system;

5) methodological mistake - discrepancy of methodology and/or algorithms of work of electronic system to legislation provisions in the field of town-planning activities (in particular, discrepancy to forms and lists of data in documents);

6) hardware-software mistake - mistake, shortcoming or defect in the software or program constituent parts, the hardware-software equipment, communication channels, functioning of digital signature facilities or seal that results in the wrong or unexpected result, or unexpected work or makes impossible work of electronic system;

7) registration number in the Register of construction activities of electronic system - unique alphanumeric designation which is appropriated automatically to the electronic document in case of its registration / introduction in the Register of construction activities of electronic system and is invariable.

The term "customer" is used in the value given in the Law of Ukraine "About architectural activities".

Other terms are used in the value given in the legislation in spheres of town-planning activities, ensuring energy efficiency of buildings, provision of construction products in the market, electronic confidential services, electronic document management and use of electronic documents.

3. The purpose of creation and maintaining electronic system is ensuring creation, viewing, sending, acceptance, collection, introduction, accumulating, processing, use, consideration, storage, protection, accounting and provision of information in the field of construction, in the field of provision of construction products in the market, and also electronic interaction between physical persons and legal entities, state bodies, local government bodies, the centers of provision of administrative services during obtaining/provision of the administrative services and other services in the field of construction provided by this Procedure, implementation of actions for architectural construction supervision and supervision.

4. The electronic system consists of the following components:

Register of construction activities of electronic system;

electronic office of the user of electronic system (further - electronic office);

portal of electronic system.

For ensuring functioning of electronic system other software modules can be its part.

The software of electronic system is object of the right of state-owned property. Property rights on the software belong to the state on behalf of the Ministry of Infrastructure.

5. The electronic system is conducted in state language and functions in the round-the-clock mode, except cases of carrying out the project and unplanned scheduled and/or technical works connected with elimination of technical and/or methodological mistakes or technical faulty operation which duration of carrying out is determined by the technical administrator. Information on carrying out scheduled and/or technical maintenance on support of electronic system is published on the portal of electronic system in three calendar days prior to date of such works, except cases when because of urgency of carrying out such works the timely prevention is impossible about what the adequate notice goes.

Carrying out scheduled and/or project technical maintenance on support of electronic system, in addition to elimination of technical and/or methodological mistakes which block work of electronic system from 8th to 20 o'clock in the working days is forbidden.

Holder of electronic system and its function

6. Holder of electronic system (further - the holder) is the Ministry of Infrastructure.

7. The holder undertakes number of the organizational measures connected with ensuring functioning of electronic system including:

1) is provided by implementation of the organizational actions connected with creation, upgrade and functioning of electronic system and also normative and legal, methodological and information support in the field of maintaining electronic system;

2) informs the technical administrator of electronic system (further - the technical administrator) about the revealed shortcomings of work of electronic system, makes offers on their elimination and enhancement of work of electronic system;

3) makes explanations concerning application of the legislation concerning questions of maintaining electronic system (except the questions concerning technical and technological support of electronic system);

4) is performed by financing of the actions of the technical administrator connected with ensuring functioning of electronic system;

5) approves technical requirements and the preliminary specifications on development and upgrade of the software, and also approves offers on development and upgrade of the special software which are offered by the technical administrator;

6) is provided by promulgation of information of electronic system in the form of open data according to the Law of Ukraine "About access to public information";

7) exercises control of functioning of electronic system, including by carrying out monitoring of processes of its maintaining.

Technical administrator and his functions

8. Technical administrator is the state company "Deystviye" which belongs to the sphere of management of Mintsifra.

9. Technical administrator:

performs actions for creation and maintenance of implementation and development of the software of electronic system;

is responsible for technical and technological support of the electronic system, preserving and information security (data) containing in electronic system;

provides carrying out technical and scheduled maintenance on support of electronic system;

provides to provision, blocking and cancellation of access for users of electronic office;

provides training in work with system;

changes in reference books of electronic system of the name of state bodies and local government bodies, self-regulatory organizations, enters data on their liquidation / reorganization, legal succession, change of the territory to which powers of bodies extend.

10. Creation of the software of electronic system provides implementation of complex of the actions directed to its development / upgrade, testing and trial operation, implementation taking into account requirements of the legislation in the field of town-planning activities of construction regulations and rules.

11. Support of the software of electronic system provides implementation of actions for ensuring its functioning according to technical documentation, identification of mistakes, provision of information on the revealed mistakes to software developers of electronic system and ensuring error correction.

12. Technical and technological support of electronic system provides:

1) carrying out monitoring of work of electronic system, the databases and information resources connected to it;

2) provision/blocking in accordance with the established procedure access to electronic offices to users;

3) implementation of technical measures for maintenance in urgent condition of qualifiers, reference books, dictionaries and databases (including the interaction setup, updating of references automated or manual loading of updated information);

4) establishing electronic information exchange between electronic system and other electronic information systems and networks which constitute information resources of the state and local government bodies, other subjects of provision of basic data;

5) consideration of offers (notes) concerning enhancement of functioning of electronic system and provision of relevant proposals to the holder of electronic system;

6) support of functioning of the software of electronic system and electronic communication networks with which use use of data of electronic system is performed;

7) providing with required materials, the equipment for the purpose of ensuring smooth and reliable functioning of electronic system;

8) acquisition of the necessary software;

9) the conclusion of service agreements of technical infrastructure (data-processing center, data transmission network and so forth) and attraction, in case of need, specialists of third parties for performance of works on technical maintenance of the equipment of electronic system;

10) commissioning of equipment rooms, software, technical means of electronic communications and information security;

11) implementation of methodical support of processing and systematization of the data containing in electronic system, creation, storages and uses of archive data, promulgation of information in the form of open data;

12) technical and organizational support of creation and storage of archive data;

13) maintenance of continued operation of storage system and archiving of data from electronic system.

13. The technical administrator performs the following measures for preserving and protection of the data containing in electronic system:

1) creation and ensuring functioning of complex system of information security of electronic system according to the legislation in the field of information security in information, electronic communication and information and communication systems;

2) authorization of users of electronic office;

3) creation, preserving and protection of backup copy of data and software of electronic system;

4) implementation and ensuring use of means of cryptographic and technical information security during maintaining electronic system;

5) ensuring use of the qualified digital signature and/or seal during maintaining electronic system;

6) ensuring protection of integrity of the database, hardware and software of accuracy of the data of electronic system, protection against unauthorized access, illegal use, illegal copying, misstatement, destruction of data, safety of personal data;

7) blocking of unauthorized actions concerning the protected resources.

13-1. The technical administrator provides access to the data electronically containing in electronic system by interaction of the applied program interface of electronic system and информационных/информационно-коммуникационных systems of private pattern of ownership based on the signed service provision agreements taking into account the amount of payment established by the resolution of the Cabinet of Ministers of Ukraine of December 28, 2021 No. 1396 "Some questions of establishment of the amount of payment for access to the data containing in Single state electronic system in the field of construction".

Criteria, term, payment terms and procedure for provision of access to data from electronic system are determined in such agreement.

14. For ensuring control of work of electronic system the technical administrator is granted the right of viewing of the magazine of all actions and/or events which are taking place in electronic system, in particular, of fixing of date and departure time, receipt of documents through electronic office and any change of the data available in electronic system, with qualified electronic mark of time.

Functionality of electronic system

15 With functionality of electronic system it is provided:

1) access for users of electronic system to electronic office (in particular it can be provided in the test mode according to Items 125-141 of this Procedure) after passing of the procedure of electronic identification and authentication of such users, including with use of the integrated system of electronic identification, the digital signature and/or seal which are based on the qualified certificate of open key, or other means of electronic identification with average or high level of credibility which allow to identify unambiguously the personality and the procedure of authorization;

2) interaction with means of the qualified digital signature and/or seal of users of electronic office for the purpose of imposing by them of own qualified digital signature and/or seal for entering of information (data) into the Register of construction activities of electronic system or during submission of the electronic document in electronic office;

3) access for users of electronic office to creation, registration, introduction or submission of information (data) and electronic documents in electronic system during provision/receipt of the administrative services and other services provided by this Procedure, implementation of measures for the state architectural construction supervision and supervision;

4) obtaining, processing and consideration of the electronic documents filed by users through electronic office (except those that are processed automatically), with automatic fixing of time of sending and time of obtaining, and also integrity and authenticity of electronic documents;

5) the automated fixing of all actions of any users of electronic system (including with information (data) which contains in electronic system);

6) possibility of introduction (registration) of information, data (data), including automatic introduction (registration) of data (data) into the Register of construction activities of electronic system by users of electronic office within the powers determined by the legislation;

7) possibility of creation, viewing, departure, acceptance, collection, introduction, accumulating, processing, use, consideration, storage, protection, accounting and provision of information in the field of construction and electronic documents;

8) objectivity, relevance, reliability, completeness and security of information, data (data) containing in electronic system from unauthorized changes;

9) compatibility and electronic information exchange in real time with electronic information systems and networks which constitute information resources of the state and local government bodies, other subjects of provision of basic data for the purpose of and during rendering/receipt of the administrative services and other services in the field of construction determined by this Procedure, implementation of actions for architectural construction supervision and supervision;

10) connection to system of electronic interaction of the state electronic information resources;

11) automation of processes of creation, acceptance, collection, accumulating, processing, accounting and provision of information (data) in the field of construction;

12) possibility of introduction by customers of payment for provision of the administrative services and other services in the field of construction provided by this Procedure, penalty for offenses in the field of town-planning activities or submission of the documents confirming introduction of such payment;

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