Problems of defining the term “urban planning transformations” as an element of the terminological apparatus of legal regulation of urban planning transformations in the territories of cultural heritage sites

The article is devoted to the study of the current problem of the lack of a legislative definition of the term “urban planning transformations” in the context of legal regulation of urban planning transformations in the territories of cultural heritage sites. The author notes that the terminological apparatus of legal regulation of urban planning transformations in the territories of cultural heritage sites is actually unexplored. In the course of the study, the author carried out a comprehensive analysis of the current regulatory framework. The article analyzes the provisions of the laws of Ukraine “On the Fundamentals of Urban Planning”, “On Regulation of Urban Planning Activities”, “On Architectural Activities”, “On Protection of Cultural Heritage” and “On Protection of Archaeological Heritage”. The author found out that the mentioned laws do not contain a definition of the term “urban planning transformations” either of a generalized nature or in the context of legal regulation of urban planning transformations in the territories of cultural heritage sites. The article notes that legislative acts in the field of urban planning contain definitions of the basic terms “urban planning (urban planning activity)” and “construction”, but the term “urban planning transformations” is not used at all in their text. At the same time, the author establishes that legislative acts in the field of cultural heritage protection provide for specific powers of cultural heritage protection bodies in the field of urban planning transformations on the territories of cultural heritage sites. The article indicates that there is a legislative gap in the relevant legal regulation. The author notes that the implementation of the definition of the term “urban planning transformations” at the level of subordinate legislative and regulatory legal acts is a forced step of the relevant state authorities aimed at filling the legislative gap in legal regulation. The article emphasizes the urgent need to consolidate the term «urban planning transformations» at the legislative level in order to eliminate the gap in the legal regulation of urban planning transformations in the territories of cultural heritage sites.