MPs register draft law No. 7398 on ensuring civil protection requirements during planning and development of territories

The draft law proposes the following:

it is prohibited to approve urban planning documentation without a section on civil protection engineering and technical measures;

if the new building does not meet the requirements for civil protection, the certificate of commissioning will be denied;

specifies the list of persons responsible for maintaining civil protection structures in readiness for use;

sets a clear deadline for bringing protective structures into readiness to receive the population;

simplifies the procedure for transferring land plots for the construction and operation of freestanding civil protection facilities;

establishes the grounds and procedure for terminating the lease of a civil defence facility.

However, the Institute of Legislative Ideas has several comments on the text of the document:

1. The draft law proposes to introduce reuse project documentation. However, the legal status of reuse design documentation and its content are not clearly defined.

2. A new ground for refusing to issue a certificate of commissioning of a new building is envisaged. In particular, the object's non-compliance with the construction project documentation and/or the requirements of building codes for civil protection.

At the same time, the draft law does not take into account that current legislation does not include protection of the population and territories from emergencies and dangers that may arise during war as one of the main requirements for buildings and structures.

3. The draft law's proposed clarification of the list of persons responsible for maintaining civil protection structures in readiness for use will lead to inconsistencies between certain provisions of the Civil Protection Code of Ukraine.

More details in our opinion.