Not All Small Architectural Forms Are Within the Competence of Local Authorities: The State Regulatory Service Clarified the Powers of Communities
The State Regulatory Service of Ukraine provided clarifications to local self-government bodies regarding the development and adoption of draft decisions on the placement of temporary structures for entrepreneurial activities.
The SRS noted that recently the service has received a significant number of inquiries from local self-government bodies concerning the establishment and functioning of temporary structures.
The agency reminded that issues related to the placement of temporary structures for entrepreneurial activities are regulated by the Law of Ukraine "On Regulation of Urban Development Activities" and the Procedure for the Placement of Temporary Structures for Entrepreneurial Activities, approved by the order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine dated 21.10.2011 No. 244.
According to part two of article 15 of the Law of Ukraine "On Central Executive Authorities," the Procedure is mandatory for implementation by central executive authorities, their territorial bodies, local state administrations, authorities of the Autonomous Republic of Crimea, local self-government bodies, enterprises, institutions and organizations of all forms of ownership, and citizens.
Thus, local self-government bodies, when making decisions regarding the placement of temporary structures for entrepreneurial activities, must be guided by the provisions of the Procedure.
Separately, the SRS drew attention to the fact that the Procedure assigns to the powers of local self-government bodies the adoption of only the procedure for placing temporary structures during fairs, state and local festive, ceremonial mass events for the duration of such events.
Accordingly, local self-government bodies may approve exclusively the procedure for placing temporary structures during fairs, state and local festive, ceremonial mass events for a specified period.
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