Окремі питання правового регулювання використання земельних ділянок для містобудівних потреб

The article is devoted to topical issues of legal regulation of land use for urban development purposes. The author examines the legislative regulation of land use in the field of urban development. The term «urban development needs» is analyzed. It is substantiated that urban planning needs are a certain condition for construction, operation, overhaul, reconstruction of construction objects, as well as for the implementation of landscaping. The author presents scientific positions on the concept of «urban planning need» in the broad and narrow sense. Particular attention is paid to the lands of residential and public buildings used for urban planning purposes. The author focuses on the changes in the legal regulation of land use for urban planning purposes, in particular, with regard to new types of urban planning documentation. It is concluded that spatial planning of land use and protection is the basis for the development of the territory of a territorial community and requires an integrated approach to the development of planning documentation. The experience of foreign countries in terms of territorial (spatial) planning as the main means of managing territories (lands) is studied. Attention is focused on the complexity of the acquisition and exercise of the right to development. The author emphasizes the state registration of land rights (ownership, permanent custodianship, lease, superficies, emphyteusis) as a prerequisite for the commencement of construction of any facilities. The article considers the issue of the possibility of construction of urban development objects on land plots used under the right of land servitude. It is concluded that the construction of capital construction objects (as opposed to the placement of temporary structures) is not allowed on land plots used by way of establishing land easements. The author examines the peculiarities of urban planning control, its content and system of bodies. The role of urban planning control in terms of preventing the onset of negative processes regarding the state of land is revealed. The author emphasizes that legal regulation of land use for urban development purposes is aimed mainly at ensuring public interests. The emphasis is placed on the shortcomings of legal support for the use of land plots for urban development purposes, in particular, the lack of regulations aimed at ensuring the protection of land for development.