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Publication date: 02.09.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The State Inspection of Architecture and Urban Planning (SIAAM) in Ukraine plays a critically important role in ensuring compliance with legislation in the field of architecture and urban planning. Its main functions include:
- DIAM verifies the compliance of construction, reconstruction and other urban development projects with current regulations, standards and rules.
- The inspection monitors the progress of construction works, checking whether the works comply with the approved projects and permits.
- DIAM verifies technical documentation, project documentation, permit documents and other necessary materials.
- The inspection detects violations of norms and standards in the field of urban planning and takes measures to eliminate them. This may include the imposition of fines, the prohibition of the continuation of work, or the requirement to eliminate detected violations.
- DIAM also provides consultations and clarifications regarding the current legislation, which helps developers and other participants in the process to avoid violations.
Thanks to this activity, DIAM contributes to the creation of a safe, functional and aesthetically attractive urban environment, which is important for the development of infrastructure and ensuring a comfortable life for citizens.
Grounds for appealing DIAM decisions:
Appealing the decisions of the State Inspection of Architecture and Urban Planning (SIAM) is an important mechanism for ensuring a fair consideration of situations where questions arise regarding the legality of inspections. Here are more details about the possible reasons for canceling the verification results:
- Under martial law, legislation usually limits the possibility of routine inspections. In this case, only unscheduled inspections are allowed, which can be carried out only on special grounds or in cases requiring urgent intervention. If DIAM conducted a routine inspection during martial law without the corresponding legal grounds, this may be grounds for contesting the results of the inspection. In such a case, the results of such verification may be invalidated.
- Legislation requires that the inspection be carried out in accordance with established procedures, which includes the presentation by authorized persons of relevant documents, such as identity cards and referrals for inspection. If the inspection was carried out without proper presentation of documents, this may indicate a violation of the procedural order. In such a case, the results of the inspection may be challenged because the inspection procedure was violated.
- According to the procedures, an authorized person from the developer or owner of the object must be present during the inspection, who can confirm the correctness and compliance of the documents, as well as respond to the inspector's requests. If an authorized person was not present during the inspection, this may be grounds for contesting the inspection results. The absence of such a person may indicate a violation of the rights to representation and protection of interests during the inspection.
Question
What is the peculiarity of DIAM scheduled inspections?
Answer
Planned inspections are carried out in accordance with approved inspection plans. These plans are drawn up in advance and provide for the inspection of objects or business entities for a certain period. The business entity is notified in advance about the planned inspection. The results of the inspection are recorded in the inspection report, which is subject to further analysis and possible appeal.
Question
What are the signs of unscheduled DIAM inspections?
Answer
Unscheduled inspections are carried out in cases not provided for in the inspection plan. They are carried out on the basis of specific circumstances or requests. They can be conducted in the presence of serious violations or in cases requiring an urgent response. Inspectors carry out inspections in accordance with detected violations or information that requires clarification.
Appealing decisions and results of inspections
Challenging the decisions and results of DIAM inspections in court is an important tool for protecting your rights and legitimate interests. Here's how to do it, step by step:
- Preparation for the appeal: Consider the details of the inspection report and the DIAM decision. Make sure you have a clear understanding of what exactly is causing the dissatisfaction. Collect all documents confirming violations, such as inspection reports, correspondence with DIAM, evidence of procedural violations. It is recommended to contact a lawyer who specializes in administrative law or matters related to architecture and urban planning. A lawyer will help assess the situation and prepare the necessary documents.
- Filing a lawsuit: Write a statement of claim in which you outline the circumstances of the case, the grounds for the appeal, and what exactly you are asking the court to do (for example, cancel the results of the inspection). A lawsuit may be filed with an administrative court.
- Court proceedings: The court will consider the claim, may request additional documents, hold a hearing and hear the parties. The court will analyze the documents, compare them with the requirements of the law and evaluate the correctness of the DIAM's actions. The court will make a decision, which may include canceling the inspection reports, declaring them invalid or taking other measures that the court deems necessary.
Lawyer services during DIAM inspections:
Legal services during inspections by the State Inspection of Architecture and Urban Planning (DIAM) can be important to ensure compliance with your rights and protect your interests. Here are the main types of legal services:
Legal services during the preparation of the inspection: Lawyers online can assess the potential risks and problems that may arise during the inspection, and prepare you for them, conduct a legal analysis of the situation. Checking all documents and permits to make sure everything is legal.
Services of a lawyer during the inspection: A lawyer help can be present during the inspection, overseeing the process and ensuring that it is carried out according to the established rules and regulations. Facilitating the transparency of inspections, assisting in communication with inspectors and protecting your rights.
Lawyer consultation regarding the appeal: The lawyer will help in the analysis of the inspection results, identify possible violations and help in drafting a response to the inspection report. Preparation and submission of complaints or lawsuits in case of violations or unfair decisions. In cases where disputes or conflicts arise, a lawyer provides legal support by representing your interests in court or other bodies.
Appeals against DIAM decisions are an important mechanism to ensure fair consideration of situations where questions arise about the legality of inspections. The lawyer advice during the DIAM inspection can significantly facilitate the process and help avoid unforeseen difficulties, ensuring fairness and legality in all stages of the inspection.
