The Law of Ukraine On Architectural Activity
Date of Entry into Force: June 23, 1999
The Law of Ukraine “On Architectural Activity” defines legal and organizational principles of architectural activity. It is aimed at forming of favorable living environment, achievement of aesthetic expressiveness, economic expediency and reliability of houses, constructions and their complexes.
It is established that a complex of works shall be performed in order to create the architectural object. In particular, it includes: search of architectural decision, working out and coordination of the project; building (new building, reconstruction, restoration, capital repair) of the architectural object; architectural building control and author's supervision during conducting of works related to building; putting of erected object in operation.
The specially authorized bodies on city planning and architecture are: the State Committee on Building, Architecture and Housing of Ukraine; the authorized body on city planning and architecture of the Council of Ministers of Autonomous Republic of Crimea; the city planning and architecture administrations of oblast, Kyiv and Sevastopol city, departments of district state administrations; executive bodies of village, settlement, city councils.
The Law determines that entrepreneurial activity related to creation of architectural objects shall be subject to licensing. But the citizens who have certificate of architect may conduct some types of entrepreneurial activity related to creation of objects of architecture without the respective license.
The Law enlists project woks on creation of the objects of architecture which do not require qualification certificate in case if: the specialists conduct project works under the supervision of architect of other specialist who has qualification certificate for conducting of respective works; working out of project materials which are not foreseen for sale (draft, search, conceptual, etc.), proposals as regards to the possibility and conditions of building of any land plot; fulfillment of works related to participation in city planning and architectural tenders.
A separate chapter of the Law determines rights and duties of: architect, other designers during projecting, building, creation of objects of architecture; customers to projecting, building, creation of objects of architecture; contractors to projecting, building, creation of objects of architecture; owners and users of objects of architecture.
During creation and use of objects of architecture arise the questions related to copyright to the objects of architectural activity. These questions shall be solved by the Civil Code of Ukraine, the Law “On Copyright and Related Rights” and this Law. The author shall be considered the person who created the architectural object by his/her creative activity. The objects of copyright in the field of architecture are: works of architecture, city planning and garden park arts; plans, outlines, plastic works, artworks, maps and drafts which relate to architecture.
For violation of legislation on architectural activity the person shall bear disciplinary, administrative, civil legal or criminal responsibility pursuant to the laws of Ukraine.