ЗАХИСТ У СУДІ ПРАВ ТА ІНТЕРЕСІВ ОСІБ У СФЕРІ МІСТОБУДУВАННЯ ГРОМАДСЬКИМИ ОБ’ЄДНАННЯМИ: ПОСТАНОВКА ПРОБЛЕМИ

Abstract

Unauthorized buildings are enough common problem of city planning in Ukraine. There is very popular practice to receive permissive documents after the beginning of building works and before commissioning. Therefore, effectiveness of activity of the Ukrainian State Architectural Building Service is not high. As a result, last decade some citizens and public organizations take part in struggle with city planning violations. Therefore, an investigation of a normative base of an appropriate activity of public organizations and court’s practice in this sphere is an actual task in purpose of an adoption of some legislative decisions. The author had identified position of Supreme Court on duty to application a rule about legal interest of a plaintiff. Only fact of an unauthorized building is not enough for its stopping on claims of not interested persons. The cessation of a town planning violation is possible only in condition of risk for rights and legal interests of plaintiffs (citizens and / or legal entities) or on actions of authorized state organs. The number of decisions of Supreme Court decided in favor of plaintiffs in cases on the claims of citizens and public organizations regarding unauthorized buildings of apartment buildings and other capital objects of town planning is small enough. Actual procedural legislation and normative legal acts which define a status of public organizations don’t provide its right to take legal action for a defense of rights and interests of legal entities and persons, territorial communities, public interests. Nowadays the question of provision public organizations by procedural interest in appropriate categories of disputes in the legislation kept up. Procedural interest of public organizations, its legal interest directly links to the question of court’s defense of public interests, with an institute of actio popularis. Because such organizations have to defend only public, not personal interest in accordance to its statutory object. It is important to understand that an interest for the stopping of illegal building cannot be personalize as an interest of any citizen. Therefore, it is an actual task to develop theoretical ideas about court’s defense of public interest. Nowadays Ukraine accepted the possibility of the defense of public interests only in spheres of consumer’s rights and ecological disputes. The legal public interest in other spheres of public life is not legitimize for the court’s defense. The author has made a conclusion about potential possibility and necessity of legislative recognizing of the right of public organizations to take legal action for the defense of rights of its members in the sphere of unauthorized buildings.