ТЕОРЕТИКО-ПРАВОВІ ЗАСАДИ АДМІНІСТРАТИВНОГО РЕГУЛЮВАННЯ ДОЗВІЛЬНИХ ПРОЦЕДУР У СФЕРІ УРБАНІЗАЦІЇ

Abstract

The article is devoted to a comprehensive study of the definition, content and features of the application of permitting procedures in the field of urbanization. Attention is paid to the very concept of urban planning, urbanization and urban planning. An attempt has been made to link the concepts of urban planning and urbanization at the level of theory. Attention is paid to urban planning objects. The presence of the corresponding specialization called to study the basic provisions of the theory of town-planning activity, possibilities of its realization in practice is specified. The theoretical understanding of the concept of permitting procedures in the field of urbanization is investigated and generalized, which allowed to identify and generalize the problems of their design and issuance. The concept of the permitting procedures in the field of urbanization is revealed in detail, the shortcomings of their application in practice and their legislative regulation are highlighted, changes are proposed to improve this situation. The range of subjects of legal relations on permitting procedures in the field of urbanization, their responsibility, control over their activity is defined. The case law of the European Court of Human Rights shows the key aspects of the functioning of permitting procedures in the field of urbanization, as well as the problems and shortcomings of their functioning, offers to address the relevant shortcomings. The practice of foreign countries, especially European ones, in the field of regulation and application of such permitting procedures was also applied. The domestic practice of legislative regulation of provisions on permitting procedures in the field of urbanization is taken into account. The content and application of permitting procedures in the practical activities of the subjects of legal relations on permitting procedures in the field of urbanization are characterized. They are shown to be different depending on the type and complexity of construction of a particular urban development object. Examples of practical experience of other countries in the application of permitting procedures and the issue of providing them to certain business and community entities are given. Taking into account the additional domestic experience, the result of solving the problematic aspects of permitting procedures in the field of urbanization was summed up.