ПРАВОВИЙ АНАЛІЗ АДМІНІСТРАТИВНОЇ ПОСЛУГИ НАДАННЯ МІСТОБУДІВНИХ УМОВ ТА ОБМЕЖЕНЬ ЗАБУДОВИ ЗЕМЕЛЬНОЇ ДІЛЯНКИ

Abstract

Purpose. The article is aimed at studying the content of the concept of administrative procedure, urban planning requirements as legal categories, as a legal and philosophical phenomenon, the influence of these concepts on the formation of the regulatory framework of urban planning law, legislation and the legal system of Ukraine, clarifying the true content of normative legal acts, clarifying the factors that determine the existence of such categories of law and determine their objective necessity. Significant importance in the article is given to both legal and philosophical understanding of these concepts primarily from the point of view of the conceptual apparatus of the Ukrainian language. Methods. The article uses general and special scientific methods of legal research, in particular: analysis, synthesis, induction, deduction, classification, comparison and other methods of scientific knowledge. Results. The first section of the article substantiates the need to look at the administrative service, based on the change in the legal paradigm in Ukrainian law in connection with Ukraine’s independence. In the second section of the article, an analysis of urban planning justification as a tool for the customer of construction is carried out, the main purpose of which is to determine their own intentions for development, as a key factor in the coherence of the conditions for concluding a public contract. In the third section, a study of the permissive nature of both the administrative procedure itself and its result – the issuance of a permissive document – was conducted. The fourth section considers the concept of providing an electronic administrative service and its relationship with the existing legal regulation of this issue. The fifth part highlights the features of administrative services, due to certain types of documents or special regimes. Conclusions. In the conclusions, which are the sixth part of this article, the place of administrative services for the provision of urban planning conditions and restrictions on the development of a land plot in the sequence of the customer’s development of a certain land plot is determined, a characteristic of this service is given precisely as a permit procedure that requires compliance with the norms of permit legislation in the field of economic activity. Recommendations for further improvement of the norms of urban planning legislation and its coordination with the norms of other branches of law, primarily administrative. The legal status of urban conditions and restrictions as a result of a public contract is outlined. It is emphasized that electronic services are a service, not a separate legal system.