On 19 June, a discussion was held by the Congress of Local and Regional Authorities under the President of Ukraine on the need to postpone as soon as possible the mandatory preparation of comprehensive plans of spatial development by communities.

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The Law ‘On Regulation of Urban Development’ stipulates that by the end of December 2024, all communities had to prepare their own comprehensive plans for spatial development (CPSD). However, not all communities have been able to comply with this provision, as the procedure is complicated, lengthy, expensive, and not a top priority on the ground in times of war.

In order to postpone the mandatory preparation of comprehensive plans, on 26 February, the Verkhovna Rada of Ukraine adopted as a basis the draft law No.12283 on amendments to certain laws of Ukraine on the extension of the validity of territory planning documents. On 11 March, the profile parliamentary committee recommended the draft law for the second reading. However, more than three months have passed since then without the matter reaching the second reading in Parliament. In the meantime, MPs have submitted over 100 amendments to the draft law.

‘The introduction of mandatory comprehensive plans for spatial development should be postponed. The relevant changes must be adopted. It is time to stop endangering the operation of communities and holding both local self-government and businesses hostage. One hundred amendments cannot be an obstacle. This is a negligible number. I agree with the position that all the amendments could have been rejected, except for the basis of the draft law and the improvements from the Ministry. We are just wasting time and prolonging the paralysis of the system,’ commented MP Vitalii Bezgin.

 

 

He set out reasons why it is important to postpone the mandatory nature of the CPSD:

• Communities have different financial capabilities. This is especially true during martial law. What Kyiv can afford, small communities cannot. In times of war, spending priorities should focus on supporting the Armed Forces and war veterans.
• What is the point of such an expensive document in regions where there are active hostilities and no fixed line of demarcation? This is money down the drain.
• The existing donors are only able to fund the development of the CPSD for around 50 communities, and there are 1,470 of these, so it is impossible to rely on their resources alone.

The MP believes that this matter should be resolved in July.

‘In my opinion, the Verkhovna Rada and the Government should collaborate to increase the number of targeted donors willing to finance the development of the CPSD for communities that choose to develop it now,’ said Vitalii Bezgin.

The representatives of local governments present at the discussion supported the postponement of the mandatory nature of comprehensive plans as soon as possible and noted that this requirement is currently hindering community development.

‘The community leaders were unequivocal about the need to postpone the provisions on the mandatory preparation of urban and land management planning documentation in electronic format. The communities have proposed an extension to the aforementioned legislative provisions (postponement) for three years after the end of the war for communities in frontline regions, and until 1 January 2028 for all other territories,’ said Viktor Mykyta, Deputy Head of the Office of the President of Ukraine.

 

 

Olena Shuliak, Member of Parliament and Chair of the Parliamentary Committee on the Organisation of State Power, Local Self-Government, Regional Development and Urban Planning, also believes that current conditions require postponing the creation of comprehensive plans for spatial development, especially in the frontline regions.

According to Ms Shuliak, despite the war:

• 492 Ukrainian communities have already started the process of preparing the CPSD;
• 32 are actively working on the document;
• 4 communities have already adopted their CPSD.

‘We have to understand that frontline communities, being close to the hostilities, do not have all the tools necessary to ensure the quality of the document. However, communities in the central and western regions of the country can quite rightly develop the document with a clear deadline for its adoption,’ says Olena Shuliak.

 

 

She announced that, during the Congress, a decision was made together with the legislative, executive and local authorities to urgently register a relevant legislative initiative, which would:

• Postpone the mandatory preparation of the CPSD to 1 January 2028 for non-frontline communities; for frontline communities – three years after the end of the war.
• Demonstrate that comprehensive plans are preferred for funding from the state budget and IFIs.
• Abolish the plan for mountainous areas as a mandatory document.

Therefore, we expect a new draft law on the postponement of the mandatory CPSD to be registered…

We will continue to monitor progress on this matter in the Verkhovna Rada. To stay informed, please follow the news on the Decentralisation.gov.ua portal, as well as our Facebook and Telegram pages.

Photos: Congress of Local and Regional Authorities under the President of Ukraine