LAW OF UKRAINE

of October 14, 1994 No. 208/94-BP

About responsibility for offenses in the field of town-planning activities

This Law establishes responsibility of legal entities and physical persons - entrepreneurs (subjects of town-planning) for offenses in the field of town-planning activities.

Article 1. General provisions

1. Offenses in the field of town-planning activities are illegal acts (actions or divergence) of subjects of town-planning - legal entities and physical persons - entrepreneurs who led to failure to carry out or inadequate fulfillment of requirements, established by the legislation, construction regulations, state standards and rules.

2. Making by subjects of town-planning of offenses in the field of town-planning activities involves the responsibility provided present and other laws of Ukraine.

Article 2. Responsibility for offenses in the field of town-planning activities

1. Subjects of town-planning which perform designing of objects, examination of construction projects bear responsibility in the form of penalty for transfer of the project documentation to the customer for accomplishment of construction works on construction object developed with violation of requirements of the legislation, town-planning documentation, basic data for designing of objects of town-planning, construction regulations, state standards and rules including for not creation of the free vital circle for persons physically challenged and other handicapped national groups, failure to provide metering devices of water and heat energy, and also for understating of category of complexity of construction object:

the project organization - in the amount of ninety subsistence minimums for able-bodied persons;

the expert organization - in the amount of eighteen subsistence minimums for able-bodied persons.

2. Subjects of town planning who are building owners of objects (in case of implementation of town-planning activities) or those which perform functions of the customer and contractor at the same time bear responsibility in the form of penalty for the following offenses:

1) accomplishment of preparatory work without notice about the beginning of their accomplishment, and also submission of doubtful data in such notification - in the amount of ten subsistence minimums for able-bodied persons;

2) accomplishment of construction works without notice about the beginning of their accomplishment, and also the submission of doubtful data in such notification made concerning objects which on class of effects (responsibility) belong to objects with insignificant effects (CC 1) - in the amount of thirty six subsistence minimums for able-bodied persons;

3) accomplishment of construction works without receipt of permission to their accomplishment:

on objects which on class of effects (responsibility) belong to objects with average effects (CC 2), - in the amount of three hundred seventy subsistence minimums for able-bodied persons;

on objects which on class of effects (responsibility) belong to objects with considerable effects (CC 3), - in the amount of nine hundred subsistence minimums for able-bodied persons;

4) operation or use of the construction objects which are not accepted in operation, and also submission of doubtful data in the declaration on readiness of object for operation or in the act of readiness of object for operation made in the relation:

objects which on class of effects (responsibility) belong to objects with insignificant effects (CC 1), - in the amount of thirty six subsistence minimums for able-bodied persons;

objects which on class of effects (responsibility) belong to objects with average effects (CC 2), - in the amount of three hundred seventy subsistence minimums for able-bodied persons;

objects which on class of effects (responsibility) belong to objects with considerable effects (CC 3), - in the amount of nine hundred subsistence minimums for able-bodied persons;

5) failure to provide the customer of implementation of test authority in cases if such supervision is obligatory according to the legislation, - in the amount of forty subsistence minimums for able-bodied persons;

6) failure to provide the customer of implementation of designer's service in cases if such supervision is obligatory according to the legislation, - in the amount of fifty subsistence minimums for able-bodied persons;

7) non-presentation or untimely submission by the customer of information on transfer of the right to asset construction to other customer, change of the prime contractor or contractor, persons responsible for carrying out designer's and test authority, executives in charge of works, and also about adjustment of the project documentation in cases when submission of such information is obligatory according to the legislation, - in the amount of twenty subsistence minimums for able-bodied persons.

3. Subjects of town-planning which perform construction works bear responsibility in the form of penalty for such offenses:

1) accomplishment of preparatory work without notice about the beginning of their accomplishment - in the amount of ten subsistence minimums for able-bodied persons;

2) accomplishment of construction works without notice about the beginning of their accomplishment on objects which construction is performed based on the construction passport, in the amount of ten subsistence minimums for able-bodied persons;

3) accomplishment of construction works without the direction of the notification on the beginning of accomplishment of such works:

on objects which on class of effects (responsibility) belong to objects with insignificant effects (CC 1), - in the amount of thirty six subsistence minimums for able-bodied persons;

4) accomplishment of construction works without receipt of permission to their accomplishment:

on objects which on class of effects (responsibility) belong to objects with average effects (CC 2), - in the amount of three hundred seventy subsistence minimums for able-bodied persons;

on objects which on class of effects (responsibility) belong to objects with considerable effects (CC 3), - in the amount of nine hundred subsistence minimums for able-bodied persons;

5) it is excluded;

6) maintaining executive documentation with violation of construction regulations, state standards and rules - in the amount of eighteen subsistence minimums for able-bodied persons;

7) application of construction materials, products and designs which do not meet the state regulations, standards, specifications, project decisions, and also that which are subject to obligatory certification, but did not undergo it, - in the amount of ninety subsistence minimums for able-bodied persons;

8) accomplishment of construction works with violation of requirements of construction regulations, state standards and rules or the approved project decisions - in the amount of forty five subsistence minimums for able-bodied persons.

4. The subjects of town-planning performing economic activity on construction of facilities which on class of effects (responsibility) belong to objects with averages (CC 2) and considerable (CC 3) effects according to the list of work types which are determined by the Cabinet of Ministers of Ukraine which is subject to licensing or charge accomplishment of separate work types to executives in charge who according to the legislation shall have the qualification certificate, bear responsibility in the form of penalty for such offenses:

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