How to appeal the architectural and construction supervision?

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13.07.2023 19:50 400

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Photo of sikorsky.y.o Yaroslav Sikorsky

It is not the very fact of supervision (inspection) that is disputed, but its results (if necessary). As a rule, the result of inspections is the imposition of DABI fines for violations of the rules of urban development.

In the case of detection of an offense, a DABI official draws up a protocol on offenses in the field of urban planning.

The case of an offense in the field of urban planning activity is considered by an official of the state architectural and construction control body within 15 days from the date of receipt of the offense report. The case can be considered with the participation of the subject of urban planning, which is brought to justice.

At the stage of consideration of the case, it is quite important to provide explanations/objections regarding the drawing up of the protocol. In the future, this will be extremely important, during the judicial review of the case.

Based on the results of the case review, the DABI issues a resolution on the imposition of a fine, which are executive documents and are subject to execution in accordance with the procedure established by law.

According to Art. 5 of the Law of Ukraine "On Liability for Offenses in the Field of Urban Development" a decision on the imposition of a fine for an offense in the field of urban development can be appealed to the court within 15 days from the date of its issuance.

14.07.2023 10:06

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