The problem of codification of urban planning legislation

Authors

  • M. Yu. Onyskovets Postgraduate student of the Department of Theory and History of State and Law, University of Economics and Law «KROK», Ukraine

DOI:

https://doi.org/10.61345/2734-8873.2024.3.10

Keywords:

urban planning, urban planning legal relations, legal relations of a permitting nature, reforms, public participation, digitalization, regulatory and legal regulation, information support for environmental management, public interests, public control, technological development, legal principles of urban planning activities, codification of urban planning legislation

Abstract

The article is devoted to the study of the issues of codification of urban planning legislation, in particular the codification of norms of a permitting nature in the field of urban planning activity in Ukraine as a problematic issue due to the presence of a large number of uncodified legislative acts, which create difficulties for users and subjects of state power in terms of applying the norms of such uncodified acts.

The article examines the issue of the sphere of relations regulated by such regulatory legal acts and notes the prospect of better regulation of the relevant sphere of urban planning legislation in the event that such urban planning legislation becomes codified.

The general and special legal principles for carrying out permitting activities in the field of urban planning legislation are presented, applying which currently the subjects of urban planning activity would already have codified legislation in the field of urban planning in Ukraine. The special legal principles for permitting activities in the field of urban planning in Ukraine are studied, using which it will become easier to codify urban planning legislation and ensure that the subjects of urban planning legal relations realize their legitimate rights and interests in the above-mentioned area.

References

Gusakov V., Reva S. (2019) Permit system. Concept of public administration in the sphere of urban development: collection of analytical materials. Kyiv. 369 p. URL: http://www.vin.gov.ua/images/doc/vin/dep-dmba/news/Conc.pdf (date of access: 11.11.2024).

On the permit system in the sphere of economic activity: Law of Ukraine dated 06.09.2005 No. 2806-IV. Official Gazette of Ukraine. 2005. No. 39. Art. 2429.

On the foundations of urban development: Law of Ukraine dated 16.11.1992 No. 2780-XII. Bulletin of the Verkhovna Rada of Ukraine. 1992. No. 52. Art. 683.

On the regulation of urban development activities: Law of Ukraine dated 17.02.2011 No. 3038-VI. Official Gazette of Ukraine. 2011. No. 18. Art. 735.

On the List of documents of a permitting nature in the sphere of economic activity: Law of Ukraine dated 19.05.2011 No. 3392-VI. Official Gazette of Ukraine. 2011. No. 45. Art. 1824.

On architectural activity: Law of Ukraine dated 20.05.1999 No. 687-XIV. Official Gazette of Ukraine. 1999. No. 24. Art. 1089.

The concept of public administration in the sphere of urban development activities. URL: http://www.minregion.gov.ua/wpcontent/uploads/2019/04/Kontseptsiya-na-sayt.pdf (access date: 11.11.2024).

Dzhafarova O.V. (2015) Permitting activities of public administration bodies in Ukraine: administrative and legal principles: dissertation ... doctor of law: 12.00.07 / Kharkiv National University of Internal Affairs. Kharkiv, 2015. 625 p.

Romanyak M.M. (2010) Administrative and legal principles of permitting activities in the field of ensuring environmental safety: dissertation ... candidate of law: 12.00.07 / National University of the State Tax Service of Ukraine. Irpin. 183 p.

Great Ukrainian Legal Encyclopedia: in 20 vols. (2017) Kharkiv: Law, 2016. Vol. 3: General theory of law / editors: O.V. Petryshyn and others; National Academician of Law of Ukraine; V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine; Yaroslav the Wise National Law University. Kharkiv. 952 p.

Neborsky E.A. (2019) Methods and principles of activity of subjects of administrative-legal relations in the field of urban planning. Law and Security. No. 2 (73). P. 37–42.

Stukalenko O.V. (2016) Administrative and legal support of the construction industry: monograph. Kyiv: Center for Educational Literature, 2016. 376 p.

Rybak K.O. (2018) Urban planning activity as an object of administrative-legal regulation: dissertation. ... Candidate of Law: 12.00.07 / Kyiv. National University of T.G. Shevchenko. Kyiv. 275 p.

Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Concept of the Urban Planning Code of Ukraine” dated July 18, 2007 No. 536-р.

Downloads

Published

2025-03-30