A draft Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Issuing Permits for the Placement, Construction, Reconstruction and Operation of Facilities within the Right-of-Way of Public Roads” has been developed, the purpose of which is to regulate the procedure for issuing permits for the placement, construction, reconstruction and operation of facilities within the right-of-way of public roads.
Regulatory justification:
Paragraphs one to four of Article 37 of the Law of Ukraine “On Motor Roads” provide that the construction of structures, roadside service facilities, gas stations, laying of utility networks and the performance of other works within the right-of-way of motor roads shall be carried out in accordance with a permit issued by the state motor roads management authorities and with prior approval from the relevant subdivisions of the National Police in the manner prescribed by the legislation of Ukraine.
The state motor roads management authorities, upon agreement with the relevant subdivisions of the National Police, issue permits on a paid basis for the placement, construction, reconstruction, and operation of the facilities specified in part one of this article within the right-of-way of public roads, in accordance with the procedure approved by the Cabinet of Ministers of Ukraine.
The state motor roads management authorities shall, within 30 calendar days, make a decision to issue or deny a permit for the placement, construction, reconstruction, and operation of the facilities specified in part one of this article within the right-of-way of public roads.
Grounds for denial or termination of a permit may include: prior designation of the road section for another facility or structure; classification of the section as hazardous or as a location of high accident concentration; non-compliance of the proposed location of the roadside service facility with regulatory requirements and infrastructure development plans; or anticipated road reconstruction or expansion plans that would result in the demolition of the facility.
Key Provisions of the Procedure:
- Scope of Application: the Procedure governs the process for issuing permits for the placement, construction, reconstruction, and major repairs of facilities within the right-of-way of public roads.
- Permit-Issuing Authorities: permits are issued by the state motor roads management authorities, including the State Agency of Motor Roads of Ukraine (Ukravtodor) and its regional branches.
- Types of Facilities: the Procedure applies to engineering networks, advertising structures, roadside service facilities, and other structures planned to be located within the right-of-way of public roads.
- Permit Issuance Procedure:
- The applicant submits an application to the authorized body.
- The application must be accompanied by documents specified in the Procedure, including project documentation and approvals from the relevant authorities.
- The authorized body reviews the application and makes a decision to issue or deny the permit.
- Review Deadlines: the Procedure establishes specific timeframes for reviewing applications and making decisions by the competent authorities.
- Grounds for Denial of a Permit: the Procedure outlines the grounds on which a permit may be denied, including non-compliance of submitted documents with legal requirements or the absence of necessary approvals.
- Control and Liability: mechanisms are established to monitor compliance with the Procedure and to impose liability for violations.
This draft law may be discussed in the group Urban Planning in Ukraine.
Ⓒ 2025