Issues of land distribution, land allocation for construction, recently started to attract particular attention. And as those who care about the future of their locality and those who live only for today and think only about how not putting effort wrongfully obtained the largest number of banknotes
Odessa in this regard is no exception. A special attraction of the Odessa land attached not only successful location on the Black Sea, there are places more successfully located and with a much better climate, but also the availability of developed infrastructure and, of course, fantastic Odessa flavor that can not be eradicated, despite the efforts of more than eighty all authorities.
However, in Odessa managed to invent a control circuit such critical areas as urban planning and land allocation, in which the actual fate of the city administers an official who holds the focus is truly enormous powers. Official name is Michael Ilich Kucuk, and he holds the position of deputy mayor of Odessa on the activities of the executive branch. In accordance with the distribution of powers between the Deputy Mayor, who approved the order of the mayor № 780-01R dated July 21, 2006, and the name of which has four lines, this gentleman is responsible for construction and land development. Here lies the most interesting.
The jurisdiction of the lord was Kuciuk Department of Architecture and Urban Planning of Odessa City Council and, accordingly, is to 1 January 2008 its structural subdivision of the State Inspectorate of Architecture and Construction Supervision (Gask).
The jurisdiction of the same master are managing land resources Odessa City Council, the Office of Capital Construction, Department of Cultural Heritage Protection and Management of engineering protection of the city. He also heads the commission's choice of land and a commission to determine the share of the developer in the development of engineering and transport and social infrastructure of the city and oversees the municipal company "Bureau of Technical Inventory and Registration of Real Estate" (KP "BTI and Ron").
Accordingly, it was under such a management structure composed and Odessa construction rules, which do not meet the requirements of Art. 22 of the Law of Ukraine "On the Planning and Development does not have the graphical part - a zoning plan and therefore do not contain information about the maximum permissible number of storeys of buildings, building density, the requirements for landscaping, etc., that is inherently are no rules of construction, but only the rules of action for the execution of documents.
So what should you do to get in Odessa land for the construction of any object that has no value, this object is for the city is vital, or the city could do without another 200 years. First of all, you must obtain permission from Mr. Kuciuk the design. This permit allows single-handedly, Mr. Kucuk and nobody else. In this issue of "bypass" it is impossible, and in the absence of the city plan and construction rules that meet the requirements of the law, and the location of the object and it determines the number of storeys personally Kucuk. If he liked the applicant, the applicant receives a letter signed by Mr Kuciuk with the words "You may order a preliminary design of placing such a facility to such an address." The criteria by which someone conceptual design to order allow, and someone not known, of course, only the one who gives such permission. The question of obtaining permission for the design of the object in the historic part of town, or in the vicinity of Odessa slopes is easily solved. Since both the management of cultural heritage without which you can not even think about anything to build in the historic district, and management of engineering protection of the city under the direct subordination of Kuchuk.
Followed by approval of location, or in other words, the act of choice land. The composition of the permanent commission on the choice of land approved by the city council session, but the head of this commission personally Mr Kucuk. The Commission consists of a large number of officials, of which formally Kucuk not subject to service only two - Chief Medical Officer of Odessa and the head of the Department of Land Resources of the State Agency of Land Resources of Ukraine. All the others - persons who are directly under the master Kuciuk. It goes without saying that the commission is void sumnyashesya agree that the act of choice land, designing the building in which Mr. Kucuk had already managed to solve it. Special piquancy to this, if I may say in order, gives the fact that Odessa is probably the only city in Ukraine, in which, contrary to the requirements of the Land Code of Ukraine, the act of choosing the land does not approve the City Council. Despite the clear indication in st.153 Land Code of Ukraine, and clause 7 Decisions of the Cabinet of Ministers of Ukraine № 427 from 31.03.2004, "On Approval of Procedure for selection of land for the placement of objects" that the act of choosing the land subject to approval by the relevant council a case in Odessa so is the Odessa City Council, in Odessa acts of choice land council does not approve. The fact that the act of choice land there, the Odessa City Council learns only when the Executive Committee introduced the Board the issue of consent for the development of the project of land allocation, but more on that later. (For the first time in the practice of the City Council the issue of harmonization of the locations of objects was introduced by the 1911 session only after the appointment of new Chief of Legal Department. Session, naturally, agreed on the location of all the objects for which
m have already been allocated plots of land. Such objects was more than a hundred).
The next phase - getting architectural-planning assignment (APZ). APL provides a fully controlled by Mr. Kucuk Department of Architecture and Urban Planning. Fully controlled for the simple reason that, in violation of the law of the chief architect of the city of Odessa was appointed to the Odessa mayor is not on the results of the competition, so the chief architect, who is also head of the Department of Architecture and Urban Planning are fully subordinated to Mr. Kucuk. Only recently, after the media began to actively obsuzhdatsya question of illegitimacy appointment as the chief architect of the city, the mayor caught himself, translated Kolokol'nikova VI to the post of First Deputy Chief Architect, appointed as acting chief architect and announced a competition for filling vacant position of chief architect of the city. It goes without saying that the content of APL Mr Kucuk controls in full, as well as the approval of conceptual design for town-planning council, whose members and employees of the slave master Kucuk Department of Architecture, and even his assistant. That town-planning council recommends to approve the town planning documentation on which to build houses and whole neighborhoods in areas known to be smaller than prescribed regulations in the field of urban development, and without any motivation. Because of urban development standards approved by the State Construction Committee of Ukraine (DBN 360-92 **) The maximum population density may not exceed 450 persons per hectare, while in Odessa approved development with a density of 591, 637 and even 717 people per hectare. This, of course, violated all the norms to ensure the residents of these areas green spaces, recreation grounds, playgrounds, etc. All this is possible only by concentrating almost unlimited power in the hands of one person.
But we digress.
After approval of preliminary design issued decision of the executive committee of Odesa City Council for permission to further design and construction. By coincidence, put this matter to the executive committee can only one person, guess who?
Agree, it would be very strange if the normative act on the basis of which the Cabinet, he took the Cabinet, but not the Supreme Council. Nevertheless, the Rules of the executive bodies of the Odessa City Council approved the executive committee is, yet it is these Rules, and not approved by the Council Regulation on the Executive Committee provided that the Executive Committee to introduce the draft decision to be a member of the Executive Committee. According to established practice, the members of the executive committee in charge certain executive agencies, making draft decisions for each of their issues, and members of the Executive Committee, for which the executive bodies of the Council are not the permanent place of work, no projects do not contribute.
Thus, without a good attitude on the part of Mr. Kuciuk a decision of the executive committee for permission to further design and construction is impossible, because without it, no one project that decision at the meeting of the Executive Committee will not make.
But that's not all.
Decision on giving consent to the drafting of land allotment gives the city council on the proposal of the executive committee. That is, the executive committee decides whether to recommend that the Odessa city council to give consent to the drafting of land allotment. The draft of such a decision of the Executive Committee is preparing, of course, that at the request of Mr. Kucuk, subordinate to his management of land resources and that Mr Kucuk decides whether to contribute to the executive committee of the project or not. The same thing happens after the project of land allocation is made. Again prepared a draft decision of the executive committee that recommended the Odessa City Council approve the draft land allotment. Preparing this project and make it to the executive committee of the same person.
Thus, due to the activity of Mr. Kucuk, the whole process of obtaining permits for construction in the city of Odessa put on its head.
The Cabinet of Ministers of Ukraine Resolution № 427 from 31.03.2004, "On Approval of Procedure for selection of land for the placement of objects" clearly stated that the selection of land for the placement of objects is performed prior to the design of facilities, but in Odessa, this occurs after the initial design. The law says that the choice of location is based on an approved planning documentation, and in Odessa, it is based on the letter of Mr. Kuchuk.
All the above relates to commercial development, but the worst thing is that the same thing happens with regard to ordinary citizens who want, for example, to realize granted by the Constitution and laws of Ukraine the right to free privatization of land for construction and maintenance of a dwelling house, gardening, etc.
In order to realize their right to free privatization of the site, which is used by a citizen, a citizen, in accordance with the law, refers to the city council and then he runs with Mr. Kucuk.
In accordance with the Land Code of Ukraine (p.7 st.118) transfer of land plots to citizens in a manner free of privatization carried out under the project of land allocation. At this point, there is Mr. Kucuk. After all, in order to obtain consent to develop the project of land allocation is necessary that the Executive Committee, introduced this matter to the Council session, but to the executive committee a draft decision recommending that the Odessa city council to give consent to the drafting of land allocation can make only Kucuk. What is guided by Kucuk, when presented to him by the Office of Land Resources list of citizens who want to privatize the land, striking out certain names and addresses no one knows. Reliably known only that in these illegal activities is actively used by the notorious scheme of land privatization of Odessa, which was approved by the City Council before the adoption of the Land Code of Ukraine (2001, enacted on January 1, 2002) and contrary to it, because sets prioritize privatization of land that the Land Code is not provided. Much of this privatization scheme abolished Odessa City Council in protest of the prosecutor, but that has not stopped actively using it to infringe upon citizens' interests.
It goes without saying that having such a large number of power can not but arouse the desire to use them in full.
That's because all the construction and land development within the competence of one person, it becomes possible emergence of blatantly illegal decisions of the executive committee of Odesa City Council. For example, it is Mr. Kucuk allowed to order preliminary design of placing a 24-storey building in a single square on the village. them. Tairov in Odessa at the address. Levitan 95 (st. Levitan street corner. Korolev). It was he who approved the act of choice land for construction in the park. It was initiated by Mr. Kuciuk executive committee decided to give permission for further design and construction of this building in the park, with control over the execution of the decision of the Executive Committee had been entrusted, of course, the gentleman Kuciuk. Only through the active position of the citizens of Odessa, who stood up to fight for their right to have at least a small piece of green stone in the jungle, and the timely intervention of the prosecutor's office, the
Odessa is the Board's decision on the appeal of the prosecutor's office was abolished. The most interesting thing that controls the execution of the Board's decision to grant the prosecutor entrusted with, again, on Kuciuk.
That Mr Kucuk allow the design of building shopping mall in Kherson park, located on the slopes in the area Peresypskogo bridge, it was he who introduced the executive committee of the draft decision to permit the further design and construction, it was he who approved the act of choosing the land and introduced a draft decision on the executive committee recommending that the Council session to give consent for the project development challenge. This issue of the session was filmed, but there is no guarantee that it will not be subject to the availability of relevant decisions of the Executive Committee, introduced again to some of the early session.
That Mr Kucuk decides which objects from among the willfully built in Odessa, to carry, and which can legitimize the decision of the executive committee. With the full acquiescence of the legal department, Mr. Kucuk introduced the Board and Executive Committee decides to permit the completion of illegally constructed objects and further their acceptance into service. And this despite the fact that, in accordance with st.376 Civil Code to recognize the ownership of illegally constructed object can only court.
It is with the filing of Mr. Kuchuk in the practice of the executive committee appeared decision to cancel the orders of district administrations of acceptance into operation the completed project. Following this, the subordinate Kucuk KP "BTI and Ron" ceases, for example, to register the property right of citizens of the apartments purchased under agreements to invest in the construction of this facility.
These examples can continue to exist for a very long time. One question arises, what else should make this presumptuous official, which is applicable as used Odessa mayor of the phrase "big fat spot" to his work, finally, became a subject of serious and objective investigation of relevant bodies, to the functional duties of which include clarification such issues.