The first successful case of the Appeal Council for complaints against the activities of Department of State Architectural and Construction Inspection of Ukraine in Kherson region
Recently, an appeal of TerraTarsa Ukraine LLC regarding obstacles caused by the building commissioning was considered at the first meeting of the Appeal Council for complaints against the activities of the Department of State Architectural and Construction Inspection of Ukraine in Kherson region.
At the end of April 2020, the company completed construction of a complex for storing mineral fertilizers. In May 2020 it submitted its first application for commissioning of a fully constructed facilities which belongs to CC2 facilities according to the consequences (responsibility) classification and obtaining of a corresponding certificate.
In accordance with the Law of Ukraine “On the Regulation of Urban Planning” and the Resolution of the Cabinet of Ministers of Ukraine No. 461 dated April 13, 2011, a constructed object can be commissioned on the basis of an act of object readiness for operation, and the relevant authorities for state architectural and construction control issue a certificate. The inspection of the facility is carried out by the inspectors of the local Department of State Architectural and Construction Inspection of Ukraine (DSACIU). Decision on facility commissioning and issuance of a certificate is made by the central executive authority that implements the state policy for state architectural and construction control and supervision.
Several inspections of the mentioned object by DSACIU in Kherson region were made during 4 months. After that the company received 4 refusals to issue a certificate at the moment when the Appeal Council meeting was held.
The members of the Council found that the reason for the refusals was insignificant technical errors in documentation, which could be corrected during the first inspection. However, due to the imperfect procedure of the technical documentation check and constructed object inspection as well as bureaucratic obstacles, the company had to seek help from the Appeal Council for solving this problematic issue.
Following the meeting the actions of the company and DSACIU in Kherson region were coordinated, and the situation was brought under control by the People’s Deputies of Ukraine – members of the Council.
As a result of coordinated actions of the Council members, representatives of TerraTarsa of Ukraine LLC and the DSACIU in Kherson region, on September 28, 2020, the company was informed about positive result of considering its last application. Now TerraTarsa Ukraine LLC will be able to continue implementation of the investment project on construction of a complex for receiving, storing, mixing and packing mineral fertilizers in Kherson region.
So, we refer to business representatives of Kherson region: if you noticed a violation of your legal rights and/or deadlines for obtaining permits from the State Architectural and Construction Inspection of Ukraine or other problematic issues arising in the course of economic activity, you can send appropriate appeals to the Investment Promotion Office of Kherson RSA by e-mail firstname.lastname@example.org with the subject “To the Appeal Council for complaints against the activities of the SACI Department in Kherson region”, which will be submitted for consideration by the Appeal Council within 5 working days.
The Appeals Council is an advisory body under Kherson Regional State Administration, created on the initiative of the head of the Kherson RSA Yuriy Huseyv and the People’s Deputies of Ukraine Oleksiy Kovalyov, Volodymyr Ivanov and Olena Shulyak.
This body operates during the transition period from the liquidation of State Architectural and Construction Inspection of Ukraine to the full functioning of recently established state bodies that will implement state policy on issues of state architectural and construction control and supervision, technical regulation in the field of urban planning.
It was created to assist in solving problematic issues of business entities from Kherson region in the field of obtaining permits and other issues related to the activities of DSACI, as well as developing recommendations and proposals for improving the valid legislation regulating architectural and construction control and urban planning.