Regarding:  Appeal of the decision and resolution of the State Architectural and Construction Control Inspectorate in the Autonomous Republic of Crimea
Partner: Dmitriy Titarenko
Court: Commercial Court of the Autonomous Republic of Crimea
Dates: November, 2009.

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Comment: this court decision was made based on the appeal of the decision and resolution of the State Architectural and Construction Control Inspectorate in the Autonomous Republic of Crimea on the imposition of fine for violations in the urban planning sector, particularly, unauthorized preparatory construction works.

In making its decision, the court concluded that the rule and the resolution were made in breach of the existing legislation provisions of Ukraine. First, the decision was made before the protocol was executed, which violates the Law of Ukraine "On Responsibility of Companies, their Associations, Enterprises and Organizations for Violations in Urban Planning Sector", and the resolution on fine imposition procedure for violations in urban planning sector approved by the Resolution of the Cabinet of Ministers of Ukraine No. 244 dd. April 06, 1995. Secondly, in breach of the Law of Ukraine "On Basic Principles of State Supervision (Control) in Economic Activity Sphere" the State Architectural and Construction Control Inspectorate in the Autonomous Republic of Crimea performed audit without a written notification of the economic entity. Thirdly, neither the protocol, nor the resolution and the decision contained the information on the particular types of construction work, which makes it impossible to determine whether such construction work requires relevant authorization. In addition, the court decided that the protocol, which was the ground for the resolution, was not sent at the address of the economic entity.