Disputes over the installation and dismantling of MAFs

The service includes:

  • Professional consultation of a specialist;
  • Preparation of the complete package of documents;
  • Notarial support;
  • Payment of state duties, fees etc.;
  • Conducting direct works related to the provision of services.

400 грн. от 1 месяца
  • The service is available all over Ukraine (Kyiv, Kharkiv, Dnipro, Odessa, Lvov, Kamianske, Chernigov, Vinnitsa, Zhitomir, Khmelnitsky). Offer different methods of payment

    Lawyers   of the company "Registration Service" offer the following services in the field of installation and dismantling MAFs, kiosks, temporary structures in the city of Kyiv:

    • consultations regarding the installation and dismantling of the IAF in Kyiv;

    • preparation of  all necessary documentation for the establishment of the IAF in Kyiv;

    • appeal of unlawful actions of authorities during the dismantling of MAFs.

    Issues of placement and activities on the territory of Ukraine, the so-called MAFs – buildings, in which you can come across both the trade of consumer goods or cafe services, as well as election campaigning or even educational and entertainment events, has always been and remains relevant. It is not by chance that it gained a new sharpness in the light of the last radical (we hope!) changes on the political horizon, and again – especially in the capital.

    After all, it is about the possibility of combining and harmonizing the private interest of an entrepreneur with the requirements of the state regarding the improvement of the settlement and legal restrictions on the use of land as public property. It is known that in Kyiv every square meter is valued too high, inflated prices are created artificially in some places, legislative acts contain many shortcomings and loopholes, and all together contribute to a fertile ground for opaque schemes for issuing permit documentation and corrupt actions of local authorities.

    That is why it is worth investigating why the topic of MAFs has become overgrown with high-profile court cases in recent years and whether there is a chance to bypass the corridors of courts to solve this painful issue. Unfortunately, the statements of the employees of the State Labor and Welfare Organization of Ukraine regarding the ever-growing employment of the population hardly give any reason to doubt the real facts – to date, it is precisely the retail trade in MAFs that many women of pre-retirement age owe their jobs to, by the way, non-professional sellers, and, accordingly, the maintenance of these facilities is the most widespread form of business for small businesses, especially in small towns, where it is consistently maintained at the highest according to the indicators of the state, the outflow of young people to earn money abroad  and to the cities of "millionaires" and the general level of unemployment.

    Therefore, little depends on whether we as consumers and simply as conscious members of the public agree to put up with plastic "neighbors" or whether we will constantly complain about their unsanitary condition and external ugliness, as long as the law does not address the issues surrounding MAFs reasoned answers.

    Even the leadership of the KMDA admits the fact that the process of filing documents at the IAF is too bureaucratic - hence the small number of legally operating kiosks. Currently, approximately 4,600 legal MAFs operate in the capital, and 10,000-15,000 illegal ones. It is they who not only do not pay taxes, but also steal electricity – only the capital budget loses up to UAH 100 million per year because of them. 20% of such kiosks are illegally connected directly to the power grids of the Kyivenergo company, and the rest "borrow" electricity from "Kyivmisksvitla", which is engaged in street lighting.

    Unfortunately, command and administrative measures – to demolish or not to allow – the issue is not resolved. In addition, for the average entrepreneur, making changes to the Law "On the Improvement of Settlements" dated September 6, 2005 No. 2807-IV, which is designed to determine the location of such structures, introduction of the concept of "small architectural form" (MAF) in the new understanding by no means brought clarity, but rather, on the contrary.

    So, IAF — it is an element of decorative or other equipment of a landscaping object, a small structure of decorative, auxiliary purpose, used to improve the aesthetic appearance of public places and city objects, organization of space and complements the composition of houses, buildings, their complexes (arbors, pavilions, canopies; park arches and columns; street vases, vases and amphorae; decorative and play sculptures; street furniture; stairs, balustrades; park bridges; information stands) (Part 2, Article 21 of the Law on Improvements...). And this list is not exhaustive - it is stated that MAFs may include "other elements of improvement defined by legislation". In accordance with Part 2 of Art. 28 ZU dated 02/17/2011 No. 3038 "On Regulation of Urban Planning Activities", IAF — this is a temporary one-story building for commercial, domestic, socio-cultural or other purposes for carrying out business activities.

    At the same time, the Law "On Regulation of Urban Development Activities" dated February 17, 2011 No. 3038-IV introduces the term "temporary structure" (TC) of commercial, domestic, social and cultural purpose for carrying out business activities - one-story, made of lightweight structures with of the basic requirements for structures defined by the technical regulation of construction products, buildings and structures, and is installed temporarily, without arranging the foundation.

    The State Classifier of Buildings and Structures DK 018-2000, approved by the Order of the State Committee for Standardization, Metrology and Certification of Ukraine dated August 17, 2000 No. 507, contains the definition of the term "building", their list and classification - MAF does not apply to buildings belongs and is not real estate. Both MAFs and TCs for business activities are not subject to state registration (Clause 2.5 of Methodological recommendations regarding real estate objects, the rights to which are subject to state registration, approved by the board of the State Registration Service of Ukraine dated 11.12.2012).</p >

    That is, not the TS is defined as a type of MAF, but the MAF is a type of TC – but this is only in the Rules of improvement of the city of Kyiv. Since the MAF is an element of improvement, it is allowed to place the elements of improvement only on the basis of design and permit documentation (clause 3.2.11. of the Rules).

    Permissive documentation for the placement of the IAF is the Warrant for its placement issued in the prescribed manner  Department of Urban Planning and Architecture of the State Administration.

    Practice shows that the issue of the ratio of MAF and TS remained unresolved – there are not enough reasons to support both their fundamental difference and the fact that they are identical.

    CMU resolution No. 548 dated 05/25/2011 "On approval of the Procedure for the examination of urban planning documentation" the resolution of the CMU dated August 26, 2009 "On the procedure for placement of MAFs for the implementation of entrepreneurial activities" was canceled. According to Part 3 of Art. 28 ZU dated 17.02.2011 No. 3038, placement of MAFs is carried out  in accordance with the Decree No. 2807 dated 06.09.2005 "On the Improvement of Settlements". Also, placement of vehicles for business activities is carried out in accordance with the order established in accordance with the order of the Ministry of Regional Development, Construction and Housing and Housing dated October 21, 2011 No. 244.

    All these inconsistencies make it much more difficult for the entrepreneur to obtain a permit for the installation of a structure, as well as to prove his right in the event of controversial issues.

    It is clear that a clear and unified procedure for issuing permits for temporary portable structures is determined by only one goal - to ensure favorable conditions for the population's life while organizing the urban environment (Articles 10, 13, 14, 15, 36 of the Law "On the Improvement of Population points»), but by the decision of the KMDA dated 24.03.2010 in Kyiv, a moratorium was introduced in general on the installation of IAF (kiosks and pavilions).

    The procedure for placement of temporary structures for conducting business activities, approved by the Order of the Ministry of Regional Development, Construction and Housing of Ukraine No. 244 of October 21, 2011, provides for the following scheme for placement of vehicles:

    • according to the decision of the local council, a comprehensive scheme for the placement of vehicles is being developed;

    • the customer, who intends to install it, applies to the relevant executive body of local self-government, with a statement in an arbitrary form;

    • after checking the customer's intentions regarding the location of the vehicle on the complex scheme and making a positive decision, the customer applies to the Authority for Urban Planning and Architecture to issue a vehicle attachment passport;

    • an attachment passport is issued free of charge;

    • the customer submits to the executive body of local self-government  a statement on the fulfillment of the requirements of the binding passport and can finally engage in business activities in the TC without hindrance.

    We offer to contact our company to issue permits, providing us with the necessary documents:

    • Your details (name, full name, address, contacts, payment details), a copy of your passport and identification code (for legal entities - the director);

    • copy of extract from EDRPOU;

    • scheme of the location of the vehicle with an indication of its area (should not exceed 30 sq.m), with reference to the area (map with the location of the vehicle, photo fixation of the location of the vehicle (3 photos from different sides), cadastre or topography - if available;

    • a copy of the contract with the waste removal service provider (KP "Kyiv Commune Service");

    • type of activity for which the vehicle is planned to be used.

    Fighting with MAF fighters

    MAFs installed without duly issued permit documentation with a deviation from the project are considered to have been placed spontaneously and are subject to dismantling at the expense of the person who installed them. Currently, the draft decision of the Kyiv City Council "On the peculiarities of the application of the procedure for the placement of temporary structures of commercial, domestic, social and cultural areas" has been approved and other purposes for carrying out business activities in the city of Kyiv", which refers to the prohibition in the capital of the placement and operation of commercial, household, socio-cultural or other purpose vehicles for carrying out business activities at facilities of improvement in places that are not specified by the Comprehensive scheme and/or do not correspond to the approved architectural types of vehicles provided for by the Comprehensive Scheme.

    Motor vehicles placed in places that are not specified by the Comprehensive scheme and do not correspond to the approved types are subject to dismantling. To carry out the dismantling, a commission is created consisting of representatives of Kyiv Blagoustriy KP, the Public Works Department of the KMDA, a representative of the police (with consent) and the guilty party (if present).

    Therefore, you must always have documents to confirm  compliance with the Law "On Ensuring the Sanitary and Epidemic Welfare of the Population", "On Waste", "On Protection of the Natural Environment" and the regime of use and protection of territories and recreational facilities. In case of their violation, an administrative protocol is drawn up in accordance with Art. 268 of the Criminal Procedure Code, and the case of an administrative offense is considered by the administrative commission within fifteen days from the day it receives the protocol.

    The public movement became the most effective measures in the fight for IAFs – yes, in 2009, the Local Public Organization "KYIV-MAF Association" was created, which is an independent, voluntary, non-profit local public organization created to satisfy and protect legitimate social, economic, etc. common interests of its members in the field of entrepreneurship.

    It is not only the traders themselves, but also court practice that prevents utility companies from dismantling MAFs. Courts of Kyiv often issue decisions prohibiting  taking measures to forcibly dismantle the vehicle until the matter is considered in court on the merits, and the consideration of such a case can last about a year.

    Authorized persons included in the demolition commission must not  apply to the court for a decision on dismantling – they operate in an administrative manner, while a person guilty of arbitrary placement of the IAF is not deprived of the right to appeal to the court – as  with a lawsuit  on the recognition of illegal dismantling actions, as well as with a request to impose security measures in the form of a ban on dismantling actions pending the consideration of such a lawsuit.

    Even if it was possible to dismantle the kiosk and take it to the penalty area, it is still not final - more than half of the seized MAFs simply disappear in an unknown direction, which is also facilitated by the lack of records of the reception and transfer of structures at the penalty areas.

     Let's hope that there will be enough space in Ukraine, and the legislator – common sense, so that the activities of entrepreneurs at small points do not create obstacles for consumers, but only benefit them and contribute to the decent development of infrastructure in residential areas of our cities and towns. 



      If you find an error or inaccuracy in the text, select it and press Ctrl + Enter

    Order callback

    Order service