П О С Т А Н О В А ВЕРХОВНОЇ РАДИ УКРАЇНИ Про Концепцію сталого розвитку населених пунктів (англійська)
Decree of the Verkhovna Rada of Ukraine
On the Concept of Sustainable Development of Human Settlements
The Verkhovna Rada of Ukraine decrees:
1. To adopt the Concept of Sustainable Development of Human Settlements (attached)
2. To consider the Concept of Sustainable Development of Human Settlements as a base for development of legal acts, programs and projects to regulate planning and building up activity, stimulate investment activity, perfect tax policy, fill and reasonably use local budgets to ensure the social and economic development of human settlements.
3. To recommend to the Cabinet of Ministers of Ukraine, central and local executive government agencies and local authorities to be guided by this Concept of Sustainable Development of Human Settlements in the process of performing the practical activities on planning and building up of the territories and of deciding other issues dealt with the development of human settlements in Ukraine
Head of the Verkhovna Rada of Ukraine
Kyiv, December 24, 1999 N 1359-XIV
Adopted by Decree of the Verkhovna Rada of Ukraine dated December 24, 1999 N 1359-XIV
The Concept of Sustainable Development of Human Settlements
Chapter I General Provisions
The Concept of Sustainable Development of Human Settlements (hereinafter referred to as the Concept) defines the principal areas of state policy on ensuring the Sustainable Development of Human Settlements as well as legal and economic ways of their realization. The Concept shall be developed on the principles of Constitution of Ukraine concerning administrative and territorial structure of Ukraine and powers of government agency and local authorities, as well as citizens’ rights subject to the Concept on State Housing Policy, the Concept on Public Industrial Policy, the Concept on Social Security for Ukrainian population and according to the legislation taking into account the conditions of social and economic development, historical, hygiene and sanitary, environmental, geographic and demographic features of Ukrainian regions
The Concept’s Goal is to provide the way out of crisis and to arrange conditions for sustainable development of human settlements in the period when this Concept is valid.
Sustainable development of human settlements is socially, economically and environmentally balanced development of rural and urban settlements aimed to create their economic capacity, full-fledged living habitat for present and following human generations based on rational use of resources (natural, labor, manufacturing, scientific, intellect etc), technological reequipment and restructuring enterprises, perfection of social, manufacturing, transport, information and communication, engineer and environmental infrastructure, improvement of the living conditions, recreation and invigoration, conservation and enrichment of biodiversity and cultural heritage.
The Concept shall be used as the base for development of corresponding legal acts and programs on social and economic development of human settlements, providing coordinated activity of state power and local authorities on resolving the practical issues at national, regional and local level.
Provisions of the Concept correspond to the principles, declared in Agenda 21st and in resulting documents of the United Nations Conference on Human Settlements (Habitat II)(Istanbul, Turkey, 1996), as well as to recommendations of UN European Economic Commission.
The Concept is intended for long term period (15-20 years)
Chapter II Current state of human settlements development.
At present time human settlements development is characterized by significant differences in levels of their social and economic development, lack of coordination between legislative as well as non- legislative acts and city-building legislation and lack of clear national strategy. There shall be excessive concentration of population and manufacturing in the big cities and inefficient slowed-down development most of medium and small urban and rural settlements. That is the consequence of excessive state intervention in the regional policy for a long period and is resulted in significant territorial disproportion in national economic development, substantial shortcomings in territorial organization of Ukrainian society and in settlement system. That has resulted in deterioration of demographic situation in the country, high unemployment, lower standards of living and to the some extent was the cause of decay in rural area. The processes of depopulation become ever stronger in all regions of Ukraine. Population size has constantly shrunk from 1991.
The state of housing and communal services as well as hygiene, sanitary and epidemiology situation become ever worse, especially in larger city centers
Capital investments in development of human settlement and house building, setting in operation new and reconstructed dwelling houses decrease. Average rate of housing supply in Ukraine is 2- 2,5 time less than in Western Europe.
At the same time there is tendency to increase of total area occupied by human settlements. Moreover the land is often misused Significant areas are occupied by industrial waste stockpiles (recrements, mud pools) or are used as garbage dumps etc. The most often inefficiently used lands are lands under industrial, transport, energy projects as well as recreational lands. Development of and reworking master plans in human settlements and other documentation used as the base for resolving issues on rational land use are almost ceased due to the lack of money in national and local budgets.
Environmental safety and functioning the most human settlements are now at treat due to deterioration of all components of natural landscapes, breaking main social-economic functions of the mentioned landscapes, activation of unfavorable natural and man-caused processes and exhaustion of environmental capacity of natural landscapes.
Thus irrational economic development of territories, forest management and irrigation have lead to activation of flooding, land-sliding and sagging processes as well as waterlogging and salinization of vast areas and disappearance of more then 1000 small rivers in Ukraine.
Almost one fourth of engineering and communication networks are in unsatisfactory state. The situation becomes complicated also owing to the fact that all kinds of preventative maintenance are performed untimely and insufficiently due to the lack of money.
Imperfection of industrial technologies and systems of land use, lack of correspondence between manufacturing needs and environmental infrastructure, deficiency of waste exhausting, processing and neutralization systems and lack of water recycling systems at the industrial plants, as well as deterioration of the engineering infrastructure results in significant pollution of atmospheric air, water and land resources, deterioration of a general sanitary-hygienic state and environmental situation not only in the inland area but also in the Black Sea and the Azov Sea.
The main causes, that prevent balanced and sustainable development of human settlements are instability of social and economic conditions in the state at the transition stage, lack of scientifically grounded and neatly defined strategy of its sustainable development, deficiency of state regulation and efficient reform in economics, imperfection of legislative and non-legislative provision of formation financial, legal, information and communication area, adequate to market conditions, imperfection of legal, organizational and economic base for activity of executive government agencies and local authorities as well as natural and legal persons as regards to the formation of full-fledged living environment.
Chapter III Principal areas of state policy on ensuring the Sustainable Development of Human Settlements
Principal areas of state policy on ensuring the Sustainable Development of Human Settlements are as follows:
Coordination of social, economic, urban-planning and environmental aspects of development of human settlements and surrounding territories;
Rational use of land, water, recreational and other natural resources, arrangement of conditions for their rehabilitation;
Improvement of social infrastructure in human settlements aimed to arrange necessary conditions for development of preschool and school education, culture, health services, physical culture and recreation, to improve the demographic situation;
Raising the level of housing provision depending on needs and possibilities of different strata of society and guaranteed housing provision for socially vulnerable groups;
Retention and rational operation of available housing resources, other buildings and structures, renovation and modernization of outdated buildings in accordance with existing social standards and sanitary-hygienic conditions;
Improvement of industrial infrastructure, ensuring its economic efficiency and social orientation, arranging adequate conditions for development enterprises all patterns of ownership promoting productive employment of the population, reviving human and scientific potential, and providing sufficient job opportunities;
Improvement of transport infrastructure, in particular, development of all kinds of passenger transport of general use, ensuring city and intercity transport service as well as transportation network in rural area;
Development of engineering infrastructure (application of new technologies as well as new power supply, heat supply, water supply and drainage networks and systems), application of energy efficient systems for engineering provision of human settlements;
State regulation of planning and building processes in human settlements by means of development of master plans, other city-planning documentation and local rules on building up, as well as through the control on their fulfillment (taking into consideration state, community and private interests);
Promotion of development of national features in city building and architecture; preservation and rational use of cultural heritage;
Formation of full-fledged living environment, balanced social and economic development of human settlements and surrounding territories;
Granting support in rural area in order to prevent critical urbanization and formation of critical disproportion between city and rural population;
Improvement of sanitary-hygienic and environmental situation in human settlements, arranging safe and health life conditions, application of modern systems for collection, transportation, processing and neutralization of wastes;
Protection from the unfavorable natural phenomena, technogenic catastrophes prevention and elimination of their consequences;
Carrying out of scientific researches aimed to assist in resolving social and economic, environmental and other problems as regards to ensuring sustainable development of human settlements;
Developing information systems to use scientific research, statistical and other data on human settlements as well as advanced experience to ensure their sustainable development;
Participation in international cooperation to ensure sustainable development of human settlements;
Improvement of the existing legislation and developing the new legislative and non-legislative acts on regulation planning and building up human settlements, reforming social, housing, and investment policy, land use, environmental protection, activity of executive public authorities and local authorities, citizens and legal persons in realm of ensuring the sustainable development of human settlements.
Chapter IV. THE BASIC ACTIVITIES ON IMPLEMENTATION OF THE PUBLIC POLICY ON ENSURING SUSTAINABLE DEVELOPMENT OF HUMAN SETTLEMENTS
1. Ensuring reasonable use of natural resources
In order to ensure the reasonable use of natural resources:
National, regional and local programs shell be developed aimed to define goals, objectives, sources and amount of finance, terms and performers of the complex of corresponding measures;
Cities, towns and villages shall be built up according to the approved master plans, other city-planning documentation and local rules of building up.
Master plans of cities and other human settlements shall be reviewed and complex programs of their building up shall be worked out taking into consideration new kinds and methods of residential building, including lowstorey and individual (homestead) building.
To ensure rational land use in human settlements and surrounding territories according to the existing legislation:
Systems of land use and complex melioration of land shall be applied and improved to rise quality and retain fertility of arable land;
Measures shall be applied to speed up the land reform (taking into consideration restrictions as regards to lands not allowed to privatization);
Land shall be privatized according to approved city-planning documentation, plans of the land management and taking into consideration public, community and private interests;
Land parcels for build up or another use shall be selected, exempted (bought-out), and transferred in property or in use (lease) taking into consideration existing planning and other restrictions concerning their use according to the master plans of human settlements, other city-planning documentation, plans of land management, local building up rules and available cadastral information;
Perspective areas of obligatory land reservation for residential building shall be defined in suburbs;
System of protection of the citizens’ property rights and legal persons property rights on the real estate and land parcels shall be established;
State control on building and other land use shall be provided according to approved city-building documentation, and subject to city-planning, land and nature protective legislation and rules on use and protection of land, natural resources of national and local importance and forest reproduction;
Measures to provide economic incentives for rational land use and protection shall be taken to raise interest of both land owners and land users to retaining and reproduction of soil fertility and to protection of land from adverse consequences of manufacturing activity.
To ensure rational use of mineral resources, in particular those used as the base for development city-forming industries in surrounding areas as well as export industries etc. it shall be provided the following:
Complex use of mineral deposits, including so-called opened rocks;
Using them as the base to develop at most structurally comprehensive and efficient industrial complex consisted of not only mining, enriching and concomitant production facilities, but also end product manufacturing; to utilize industrial wastes and secondary raw materials as completely as possible.
To ensure rational use of recreational resources it shall be provided the following:
The inventory of recreational fund of Ukraine shall be made up and part of it that may be certified under international requirements and utilized to develop national and foreign tourism (including rural tourism) shall be defined;
Lands of historical significance, valuable sources of mineral waters, deposits of curative mud and sources of lake rope, valuable landscapes, recreational resources in boundaries of human settlements and surrounding areas, other valuable natural areas and objects shall be defined; adequate regime of their use shall be established;
Districts of sanitary protection in resort boundaries shall be set up to ensure retention of recreational resources, and their protection from pollution, damage and early exhaustion;
system of suburban nature protection areas with double function: as city lungs and as areas for short term recreation shall be extended;
requirements and terms on development and protection of recreational resources shall be taken into account during planning and building human settlements.
2. Improvement of social settings of the population life
To improve the social settings of the population life it shall be provided the following:
The social standards on level and quality of life shall be improved, the equal access to social services for all population strata shall be provided;
National, regional and local programs shall be developed and implemented to reform gradually the system of social service;
Development of a network of preschool centers and establishments, educational institutions, public health services, culture, physical culture and recreation shall be ensured with observance of normative indicators of the social standards and taking into consideration the local social, economic and demographic conditions;
Public centers and educational institutions for socially vulnerable population strata (persons with disability, orphans and children remained without the parents care, as well as persons with physical or mental disability who can not attend general educational institutions) shall be opened and maintained;
Conditions for development of trade and consumer service objects of different patterns of ownership shall be arranged;
Measures shall be taken according to the Concept of social security of Ukrainian population.
3. Housing provision for population
To ensure housing provision for population and to improve their living conditions as well as to ensure sustainable functioning for housing and communal services it shall be provided the following:
Legal, organizational and economic conditions shall be arranged to increase volumes of housing construction, as well as renovation, repairment and modernization of early built housing;
Market principles and efficient forms of organization of housing construction, renovation, repairment and modernization of housing, its maintenance and service shall be applied;
Investment system for the house building shall be improved;
Conditions shall be arranged to satisfy housing needs of different population strata taking into consideration their possibilities and ensuring, guaranteed housing provision for socially vulnerable citizen; in particular national, regional and local housing programs shall be implemented;
Effective mechanism of financing (crediting) of house building shall be developed and implemented as well as necessary financial and credit and mortgage infrastructure shall be created;
Progressive designing, construction and engineering solutions shall be applied in designing residential houses to increase their exploatational quality and decrease the cost of building;
City-planning strategy shall be changed to increase the volumes a building more comfortable housing, lowstorey and individual (homestead) homes and to ensure development of small and medium human settlement;
Structural readjustment and reorientation shall be carried out to ensure house building using energy and resource efficient technologies, local building materials and effective constructions;
Housing and communal services and system of communal service rendering and paying shall be improved;
System for the accounting house resources shall be improved keeping closer control on their use according to the housing legislation;
Measures shall be taken to expand and improve housing and communal services net, to keep closer control on their operation and services delivery;
State support of youth as regards to housing provision shall be implemented;
Other measures according to the Concept of state housing policy shall be taken.
4. Improvement of industrial infrastructure
To improve the industrial infrastructure it shall be provided the following:
structural and technological reorganization of industry in human settlements and its technical reequipment shall be carried out;
Deconcentration of manufacturing facilities in big cities should be carried out through taking branches, departments and subsidiary production units away in surrounding towns and settlements;
In case of departure (bankruptcy) of city-forming plants active social and economic development of medium and small towns and human settlements shall be provided through an effective utilization of their integrated potential and renovation of their developmental economic base;
New forms of territorial organization of manufacturing shall be developed on the basis of medium and small towns; as well as on-border, mountain and sea industrial complexes etc.;
Measures on financial provision of sustainable development of human settlements shall be developed using long-term credits of commercial banks, activation of investment fund activities, transition from certificate to money privatization;
Investments in industrial sector of human settlements shall be attracted through their incorporation in the investment projects of national and regional significance;
Manufacturing export and export-substituting competitive products shall be increased
New industrial objects shall be placed and built up, existing plants shall be renewed, technologically reequipped, restructured and diversified taking into consideration state and community needs as regards to rational use of natural, physical and labor resources of the settlements; new jobs shall be created;
Withdrawal of harmful manufacturing processes , morally and physically outdated technologies, fixed assets and equipment shall be provided in accordance to demands of public building, sanitary – hygienic, environmental and other regulations, rules and standards;
Compaction and decrease of areas occupied by industrial, communal and storage objects shall be carried out through applying rational planning solutions during their new building or reconstruction; the measures on recultivation, ordering and effective utilization of released land parcels shall be taken;
Other measures according to the Concept on Public Industrial Policy shall be taken
5. Development of transport infrastructure
To develop the transport infrastructure:
street and road network shall be improved, its density shall be optimized to raise its carrying capacity, decrease time of carriage of passengers and goods taking into consideration existing systems of settlement, places of employment and other local conditions.
passenger transport of common use (first of all energy efficient, safe, and non-polluting kinds of it, in particular electric transport) shall be developed, and underground or high-speed tram etc. shall be built in cities of population more than 1 million;
automobile (out-of-city) roads of common use, transit railway systems and airports shall be gradually taken out of human settlements;
traffic lanes for cycling and walking shall be provided during designing, building and modernization of street and road network; conditions for transportation of low mobility population shall be arranged;
Measures shall be taken to arrange car parkings using underground space as well as , in-built, attached and multi storey garages extensively
Government support shall be provided to promote development of modern street and road network in rural area
Integrated works to improve quality of roads in human settlements shall be carried out.
6. Development of engineering infrastructure
To develop the engineering infrastructure:
Structure of fuel and energy balance of human settlements shall be improved taking into consideration availability of regional resources of energy supply, including alternate liquid and gaseous fuels and using nonconventional and renewable energy sources (helio-fuel, wind, geothermal etc.);
Energy efficient technologies shall be applied to decrease the share of fuel and energy in specific manufacturing costs of unit of production;
Power inputs shall be reduced through the compaction of building up of human settlements;
Highly efficient thermal insulation materials and constructions shall be used;
Reliable and economic efficient autonomous sources and systems of heat, gas, energy and water-supply shall be applied along with centralized ones;
Effective economic mechanism of economic use of power supplies shall be worked out, modern technologies of their procurement as well as tools to account and regulate consumption of heat, gas, electric power and water shall be applied;
Deficiency of heat supply capacity shall be eliminated through building, renovation and modernization of existing systems of heat supply and application of efficient technologies;
Population shall be supplied with sufficient quantity of drinking water meeting the demands of sanitary code, Volume of use of known reserves of underground waters shall be increased;
Heat, gas and energy shall be continuously delivered to consumers taking into consideration specificity of the spring-summer and autumn-winter seasons;
Level of provision of human settlements (in particular of small towns, settlements and villages) with centralized gas supply, water-supply and sewerage systems shall be increased, special attention shall be focused on priority measures on centralized water-supply of rural human settlements using imported water;
Capacities of water supply, drainage and treatment systems shall be gradually equalized;
Maintainability of water supply networks, efficacy of water conditioning and domestic and storm sewage treatment shall be increased through the application of effective technical solutions, technologies and materials;
Measures on applying systems of a separate water-supply for drinking and economic needs in human settlements and closed circuits of a water-supply at industrial facilities shall be taken
7. Formation of full-fledged living environment in human settlements.
To form the full-fledged living environment in human settlements:
They shall be planed and built up according to existing legislation, approved master plans, other city-planning documentation and local rules of building up
Architecturally-spatial solutions of building up shall be improved; compaction and successive regeneration, reconstruction and adaptation of early building to the modern functions and needs according to state building, sanitary – hygienic, environmental and other standards, rules and standards shall be carried out if necessary;
Measures on protection and restoration of masterpieces of history, culture, architecture and city building as well as palace-park, park and garden complexes and natural reserves shall be taken; adaptation of monuments to modern functions and needs shall be provided if necessary;
The measures on improving environmental state of areas of human settlements, as well as on protection of their lands from erosion, mudflows, land slides, underflooding, bogging, secondary salination, waste, chemical, and radioactive pollution shall be taken;
Natural-landscape complexes of cities and suburbs shall be used efficiently, works shall be carried out to protect and renew them; streets, squares, areas of general use and residential areas shall be put in good order and greened.
Planning street and road networks and organization of traffic shall be improved according to sanitary-hygienic requirements on protection of the population against unfavorable acoustic influence and chemical pollution originating from vehicles;
Underground space of human settlements shall be used to build the pedestrian crossings, garages, transportation networks, objects of cultural and community service, municipal-warehousing objects etc.;
Buildings and structures as well as engineering and transport communications shall be repaired in proper time.
8. Improving sanitary-hygienic conditions
To improve the sanitary-hygienic conditions in human settlements:
Measures on clearing of atmospheric air according to air quality standards shall be taken first of all in the cities with significant concentration of industrial plants and vehicles (in particular in the large cities);
Protection of human settlements as well as resort and recreation areas from unfavorable acoustic influence and non-ionizing radiation shall be provided through application of modern technologies and building noise insulation structures;
Proper sanitary-hygienic state of water bodies in human settlements, including in the coastal zone of the seas shall be provided;
Measures to decrease influence of human settlements, first of all their industrial and other manufacturing facilities on groundwater runoffs and to prevent pollution of ground waters shall be taken;
Efficient systems of sanitary clearing and modern high performance tools for utilization, processing and neutralization of solid domestic wastes shall be applied;
Measures to mitigate influence of factors affecting human health , sanitary situation in human settlements and , their epizootic well-being shall be taken;
Adequate conditions of animal keeping , account of domestic animals, treatment of them, and regulation of quantity of neglected animals shall be arranged;
Manufacturing facilities shall be reequipped on the basis of application of energy and resource efficient low-waste technologies, and environmentally safe technological processes, high performance treatment systems for clearing powder-gas releases and sewage, as well as utilization and neutralization of all kinds of wastes;
Restructuring and modernization of industrial complexes at regional and local level shall be carried out taking into consideration environmental capacity of local areas;
Measures to protect population from radiation pollution shall be applied to ensure convenient economic activity in areas of guaranteed voluntary resettling and strengthened radiological control, which are defined according to the law of Ukraine “On legal regime of territory, polluted in consequence of Chornobyl catastrophe ” (791а-12) and other non-legislative acts.
9. Protection from unfavorable natural phenomena, prevention of technogenic accidents
For protection from the unfavorable natural phenomena, prevention of technogenic accidents and elimination of their consequences:
systems of early revealing accident and catastrophe preconditions shall be applied, measures on prevention and protection from unfavorable natural phenomena and technogenic processes shall be taken;
control of reliability and safety of buildings and structures shall be exercised irrespective of patterns of ownership, in particular in areas affected by dangerous natural and technogenic phenomena and processes;
master plans and other city-planning and project documentation when developed taking into consideration natural and technogenic conditions of building up shall envisage city-planning and engineering and technical solutions aimed to ensure the operational reliability of buildings and structures, as well as protection of human settlements from influence of the unfavorable natural phenomena and technogenic processes;
The way and conditions of interaction between corresponding government executive agencies and local authorities shall be defined to prevent unfavorable natural phenomena and technogenic accidents and to eliminate their consequences;
building efficient and maintaining in proper condition existing flood-, mudflow- and slide-control systems shall be ensured in those regions, where they are necessary .
Chapter V The legal and economic principles of implementation of public policy on ensuring sustainable development of human settlements
To ensure the sustainable development of human settlements the legal principles of public policy in that sphere shall be developed at national, regional and local levels.
1. The measures on improvement of the legislation, state regulations and standards shall be taken at national level in following areas:
specifying functions and powers of government executive agencies and local authorities as well as coordination of their activity in solution of problems of sustainable development of human settlements;
rational use of natural resources, improvement of social, industrial, transport, and engineering infrastructure, building and operation of houses and municipal service facilities, improvement of living, rest and invigoration conditions for population, environmental protection, conservation and enrichment of the cultural heritage;
realization of budgetary, financial and fiscal policy, filling and rational use of money of local budgets, provision of economic incentives for investment and entrepreneur activity aimed to resolve the issues of sustainable development of human settlements, in particular to settle relations between the investors, customers, as well as performers of design and building works;
state regulation and control on observance of legislation, non-legislative acts and standards, taking into consideration state, community and private interests during planning and building up of human settlements;
improvement of legislation aimed to prevent disputes in realm of city building
2. At regional level
The regional rules of building shall be developed according to which under the legislation and taking into consideration regional nature and climate, social and demographic and other features common for all territories and human settlements (except for cities of Kiev and Sevastopol, cities of a regional submission), autonomous Republic of Crimea and oblast order of solution of questions concerning placing, coordination of objects construction in city building, handing over input data (architectural-planning tasks, technical and other conditions) on their designing, coordination and approvement of design documentation, as well as issuance of admittances to perform construction works, adoption in operation of the finished objects, exercising control on city-building activities;
Coordination of sustainable development of human settlements in region shall be ensured taking into consideration state and community interests, also state control on observance of legislation, non-legislative acts and standards shall be exercised;
3. At local level
The local rules of building up shall be developed according to which under the legislation and taking into consideration local nature and climate, social and demographic and other features regulation of building up and other use of land parcels in boundaries of the human settlement shall be established based on c approved city-building documentation;
Non-legislative acts concerning regulation of social and economic development of human settlements, their planning, building up and on other issues concerning their sustainable development shall be accepted.
4. The basic sources of investment in sustainable development of human settlements in the near future still shall be money of organizations of all patterns of ownership as well as capital investments of national and local budgets.
In future the stable system of crediting from different sources (long-term bank credits, credits of insurance, investment and other commercial funds, credit unions, and money of the population) shall be created. Creation of the centralized funds in human settlements, long-term credits and financing priority objects of building shall promote the activization of investment activity.
5. To attract money from independent investors (including foreign) the measures on establishing favorable investment climate shall be taken, in particular:
Granting tax allowances concerning taxation of enterprise money which are directed at the development of domestic manufacture (and job creation) as well as social, engineering and transport infrastructure of human settlements;
Granting to the citizens the long-term preferential loans for housing construction on supplement to their own savings;
Granting subsidies at the expense of national and local budgets for investment in the projects in priority industries.
Measures to ensure sustainable development of human settlements taking into consideration provisions of the Concept shall be defined in state and regional programs of social and economic development, in plans on social and economic development of human settlements, other investment programs, state and local budgets and corresponding city-planning and project documentation.