Досвід країн Європейського Союзу щодо судового контролю у сфері містобудування: виклики для України

The article summarizes the foreign experience of judicial control in the field of urban planning, and also suggests ways of using positive foreign experience in improving the current legislation of Ukraine and law enforcement in this area. It was determined that today scientific research is mainly devoted to the study of general issues of legal regulation of permit procedures in the field of urban planning, as well as the peculiarities of judicial control in this field according to the national legislation of Ukraine. At the same time, the issue of judicial control in the field of urban planning remains understudied today in a comparative legal aspect. It has been established that the institution of judicial control over the execution of court decisions in administrative cases needs improvement, in particular, there is no procedure for issuing town planning conditions and restrictions, and the deadline for submission of a report on the execution of a court decision by a subject of authority remains undefined. It also requires clarification of the legal consequences of the cancellation or change of urban planning conditions depending on the stage of their use. The article analyzes the experience of judicial control in the field of urban planning in such foreign countries as Austria, Ireland, Germany, France. The experience of these countries indicates that the presence of an effective system of judicial control contributes to the observance of urban planning regulations, the protection of citizens’ rights, and the provision of transparent procedures when making decisions in the specified area. In addition, important elements of effective judicial control in the field of urban planning are ensuring the independence of judges, access to information about urban planning projects, as well as public involvement in the control process. The main principles during judicial control of urban planning activities in Ukraine are sustainable development, protection of the natural environment, consideration of climate change, as well as public involvement. The author came to the conclusion that in order to bring Ukraine closer to European standards, it is necessary to carry out systemic reforms aimed at improving the effectiveness of judicial control, as well as ensuring the sustainable development of cities. The study of foreign experience of judicial control in the field of urban planning, among other things, opens new horizons for understanding the role of judicial bodies in the formation of sustainable urban development and influences future approaches to urban planning taking into account modern challenges.