ТЕРИТОРІЯ ТЕРИТОРІАЛЬНОЇ ГРОМАДИ ЯК ОБ'ЄКТ ЗЕМЛЕУСТРОЮ ТА МІСТОБУДУВАННЯ

Abstract

The purpose of this study is to analyze the territorial community as object of land management and urban planning. One of the tasks of this article is to formulate proposals for improving the current legislation governing the development, approval and approval of urban planning (land management) documentation for spatial planning of development of territory of territorial community and establishing its boundaries. The article is based on the provisions of the current legislation and the theories of legal doctrine. The work uses general scientific as well as special methods of scientific knowledge: terminological, formal legal, structural and functional, descriptive, comparative, and hermeneutic. The theoretical and legal aspects of territory of the territorial community were investigated, its analysis was carried out as a special object of land management being in limited interaction with other elements of the land management system. The information on the territory of territorial community in public cadastral map of Ukraine as well as in the codifier of administrative-territorial units and territories of territorial communities is covered. It is argued that approval of land management projects the establishment of boundaries of territory of territorial community and legalizes the legal status of these boundaries. It is revealed that legislation does not provide for the possibility of changing the boundaries of territory of territorial community after their establishment, which poses an obstacle to further spatial development of territorial communities. The need to supplement the land management project on the establishment of boundaries of territory of territorial community is stressed with the provisions on its project border and area, as well as a list of urban planning (land management) documentation that is the basis for its development. It is offered that the establishment of boundaries of territory of territorial community should be preceded by the development and approval of a comprehensive plan of spatial development of territory of territorial community, which will determine the planning organization and functional purpose of territory of territorial community within and outside the settlements, taking into account their social and economic, demographic and cultural development. On the basis of the abovementioned, the proposals are made to amend the current legislation of Ukraine.