Sources and administrative-legal means of ensuring legality in the field of urban planning activities in Ukraine
The article is devoted to the study of the issue of sources and administrative-legal means of ensuring legality in the field of urban planning in Ukraine. The article analyzes the regulatory legal acts that serve as sources of administrative-legal relations, identifies shortcomings in the regulation of urban planning legislation, identifies the main proposals, the implementation of which will make it possible to ensure the legality of both urban planning activity as a whole and permitting procedures in the field of urban planning. The article examines the characteristic features of permitting procedures in the field of urban planning in Ukraine, determines the need to regulate the issue of legal liability specifically in the field of urban planning activity, violations of permitting procedures in the field of urban planning in Ukraine. The means of administrative-legal ensuring legality in the field of urban planning are determined. The types and main characteristics of administrative-legal means in the field of urban planning are given. The opinions of scientists in support of such theses as the need for effective legislative regulation, regulation at the level of subordinate normative legal acts, including regulation of interaction of state authorities in the field of permitting procedures for urban development activities in Ukraine are identified. It is determined that a separate group of sources of administrative and legal regulation of urban planning activities are international guarantees related to the activities of subjects of international law; and such guarantees are provided as: presumption of compliance with the construction standard by the subject of urban planning, coordination of construction norms; transparency of the decision-making process regarding the approval of regulations and standards; systematization of urban planning legislation; automation of urban planning processes. Information is provided that legal liability in the field of permitting activities is also an administrative and legal means of ensuring legality in the field of urban planning. Legal responsibility in the field of urban planning is characterized as one that has historically developed within the framework of general norms, without defining relations in the field of urban planning as a separate object of relevant violations. The article identifies shortcomings in the context of the lack of legislative consolidation of the detailing of permitting procedures and their implementation in the field of urban development in Ukraine. The article identifies shortcomings in the regulatory regulation of urban development activities in Ukraine, and lists problematic issues that were analyzed within the framework of this scientific article. The article provides proposals for improving the legal regulation of urban development activities in Ukraine in order to ensure legality, in particular: to ensure regulatory detailing of permitting procedures in the field of urban development; to normatively consolidate the features of legal liability for violation of the permitting procedure in the field of urban development; to systematize and codify urban development legislation by adopting the Urban Development Code.
Authors
- M. Yu. Onyskovets (ORCID: https://orcid.org/0000-0002-9505-3644)
Publication Details
- Journal
- Analytical and Comparative Jurisprudence
- Published
- 2025-03-01
- DOI
- https://doi.org/10.24144/2788-6018.2025.01.160
- Primary Topic
- Legal, Health, Environmental and COVID-19 Challenges
- Type
- article
- Field-Weighted Citation Impact
- 0.00