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The managing Board was unanimous to put an end to the legalization of the illegally built buildings for EUR 1
1 март 2019
 

 

The Managing Board of ZELS on February 26th, 2018 held the eighth session, where were discussed several current issues related to the challenges of the local government. The attendees paid greater attention to the draft-version of the Draft-law on establishing the legal status of illegally built buildings, prepared by the Ministry of Transport and Communications and submitted for consideration to ZELS. The proposal foresees legalization of all illegally build buildings that represent a construction and functional unit by December 31st, 2018. It is foreseen citizens to pay for the legalization of these buildings a fee double increased than the fee for arranging the construction land, which is calculated in the procedure for obtaining a building permit. In the proposal was envisaged, the competent authorities, ex officio, to provide an extract from a digital recording so that it can be recorded.

The members of the Managing Board of ZELS pointed out that direct participation of representatives from ZELS is necessary in the preparation of the draft legal measures in this area. In the extensive discussion on this issue, there was opinion that should be put an end to the discriminatory attitude so far toward citizens, who respect legal regulations and procedures during constructing the buildings, opposite the "rewarding" those who illegally build and pay only one euro per square meter. It was pointed out that the current practice of implementing such legal solutions caused a number of serious challenges for local authorities in providing infrastructure needs, and a number of abuses were noted on the ground. It was therefore proposed to be established a working group within the Ministry of Transport and Communications, in which five representatives from ZELS will participate, who were elected at the session, and whose task will be to find solutions in the fastest possible period, which will include these facilities where the urban planning documentation permits. For these facilities, citizens will have to pay regularly provided communal services, but at the same time additional penalties, as a punishment that they built illegally. This working group should determine what will happen with the illegally built facilities if they do not fit in into the planning documentation, what will be the procedure for the facilities built on the terrains for which no planning documentation has been prepared yet, which will be the evidence elements in the procedure, what will happen with facilities built at risky terrains etc. It was pointed out that the working group will determine whether this issue will be regulated by a special law or the determined legal solutions will be determined in any of the existing legal regulations, which are related to this issue, such as the Building Law. Then the proposals from this working group will be reviewed by the Managing Board of ZELS and will be submitted for consideration to all local authorities.

At the session, the members of the Managing Board of ZELS adopted the requests for concluding memorandums of cooperation, which were received by the Association of Communal Service Providers (ADKOM); Auto Moto Association of Macedonia, Skopje for realization of the project “Safe Family Parking Zones” and the Macedonian Chambers of Commerce (MCC). The agenda also included the request of MCC regarding the Law on Trade in Green Markets, and the participants pointed out that they support the process of harmonization of views on this issue that is being conducted between the Economic Chamber of Macedonia, the organizers of the markets and the Traders Chamber.

The Managing Board of ZELS also discussed the initiative initiated by the Municipalities of Kocani and Kumanovo for amending the Law on Audio and Audiovisual Media Services, the Article 102 and accepted it with a conclusion to initiate changes in the Law. It was pointed out that the Article 102 of this Law is incompatible with the fulfillment of the legal obligation of the local government to inform the public, respectively its citizens about the activities that undertakes, which is determined in Article 8 of the Law on Local Self-Government, because it prohibits the provision of means for informing the public about its services or activities through broadcasters. Although there was some change that indicated that the institutions, including local authorities that have concluded agreements with broadcasters for this purpose, will continue their contracts until their expiration, it was not a definitive solution for this challenge. More precisely, the question remains as to how local authorities will fulfill in the next period the legal obligation to inform their citizens, especially when massive actions are implementing at the local level, where a quick and comprehensive informing of the population is needed, than in environments where the population is older and still follow more traditional media, versus social media and the Internet etc.

At this session, the members of the Managing Board of ZELS also concluded ZELS to recommend to its members to act according to the recommendations in the information from the Government of the Republic of North Macedonia for acting in accordance with the amendments to the Constitution, and obligated the Executive Director of ZELS to implement the changes in its documentation.






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