Law provides for the concession of only those sections of roads that will be built and not built.
President Petro Poroshenko has signed the law On amendments to some legislative acts of Ukraine in the sphere of construction and operation of highways. This was reported on the official website of the President.
“The implementation of the law will contribute to creation of conditions for attracting investments for the construction and operation of highways concessions”, – said in the message.
As noted, the law envisages introduction of changes into laws of Ukraine “On concessions”, “About concessions on construction and exploitation of highways”, “On automobile roads”, “On sources of financing of road economy of Ukraine”, “On alienation of land plots and other immovable property located on them in private ownership, for public needs or for reasons of social necessity” aimed at improvement of legislative regulation of the construction and operation of public roads of the state value on the basis of concessions.
The law shall enter into force on the day following the day of its publication.
In particular, it is envisaged that the terms of the concession can be transferred to the construction and operation of public roads of the state value. At the same time, after the decision on the construction and operation of highways, which can be granted in concession, prohibited the Executive authorities to take any action on granting the land plots provided for construction and operation of these roads, use or/and the property of citizens or legal persons. the decision on a concession tender takes the Cabinet of Ministers of Ukraine, which in particular specify the technical parameters of the road, basic financial indicators of the provision of roads in concession, the time limit that is the subject of the concession, limiting the amount of compensation to the concessionaire, alternative route to free travel.
Provided that the Cabinet of Ministers determines the maximum amount of payment for one-time access by road is built on a concession that is paid based on the level of inflation. The concession fees shall be credited to the state budget of Ukraine and used in accordance with the procedure of channeling funds to the state road Fund.
Roads or their sections, by law, belong to the category of pay only if they are significant improvements and providing alternative travel vehicles on free highways, length of roads (sites), which provides alternative the free passage of vehicles should not exceed more than twice the length of the toll road.
In the case that alienated part of the land plot for construction, capital repairs, reconstruction and maintenance of roads, bridges, flyovers and facilities necessary for their operation, the possibility of rational utilization of the rest of its area for the intended purpose is determined by the owner and, on demand of the owner alienation is subject to the entire plot. The decision of an relevant body of Executive authority or local self-government on the purchase of land other immovable property, which it hosts, for construction, capital repairs, reconstruction and maintenance of roads, bridges, overpasses, and objects needed for their operation has an unlimited validity period.
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