Розвиток правничої думки щодо здійснення судового контролю в сфері містобудування

The article emphasizes that the features of legislative regulation of urban planning activities in Ukraine continue to be actively studied. Particular attention is paid to judicial control as one of the types of state control. The article analyzes the scientific achievements of domestic scientists at the level of monographic studies and dissertations on the implementation of judicial control in the field of urban planning. The article also determines that judicial control over the execution of court decisions is a separate institution of administrative procedural law. The importance of judicial control in the field of urban planning is due to the following factors: the historical importance of judicial proceedings, in particular administrative proceedings as a form of protection of the rights and legitimate interests of private individuals from violations by public authorities; the modern paradigm of administrative law, which covers relations arising in the process of administrative proceedings, as well as the orientation of administrative law to the protection of human rights. That is, judicial control over the legality of permitting activities in the field of urban planning must be considered as an integral part of state control and supervision activities. It was determined that the peculiarity of judicial control in the field of urban planning, in contrast to other forms of control and supervision activities, is its universal nature, which is manifested in the procedural form of implementation. The procedural form, in turn, is based on single, legally enshrined rules for considering all categories of cases. Compliance with these rules is one of the key conditions for ensuring the validity and legality of judicial decisions. In addition, the author noted that judicial control should be considered as a complex concept that combines a legal mechanism and a separate legal institution. Additionally, approaches to defining judicial control as a function of the judiciary, a form of its implementation or a separate type of judicial proceedings, as well as the relationship between these approaches in the context of the development of legal regulation of this phenomenon, as well as the relationship between these approaches in the context of the development of legal regulation of this phenomenon, require analysis. The conclusions indicate that, in our opinion, the issues of judicial control in the field of urban planning remain poorly researched. Taking into account the above, further research is relevant to improve the legal regulation of judicial control in the field of urban planning.