Аdministrative responsibility in the field of town planning

Abstract

The article is devoted to issues of administrative liability for offenses in the field of urban planning. The article draws attention to the shortcomings of the current legislation on administrative offenses and proposes measures to eliminate them. It is noted that urban planning activity is precisely the complex activity of state bodies and citizens for the formation and further development of common interests, territories, spaces, which involves a sequence of stages and is based on a close well- founded relationship and interdependence on socio-economic forecasting conditions. After all, the presence of such interconnection and interdependence is the main feature of urban planning legislation, which occupies a special place in the system of administrative law. Administrative liability in the field of construction arises in case of violation of the requirements of administrative legislation and urban planning. Therefore, the subjects of administrative offenses in the field of construction are social relations regulated by both administrative and urban planning law. This classification of administrative offenses by the subject of the offense is correct, as it allows to identify the signs of this element in the composition of the offense and to resolve the issue of the application of certain norms to the relevant social relations.
 Administrative responsibility for violations of legislation in the field of urban planning activities with a land and environmental component is only a small part of the total volume of «urban planning» components of the Administrative Code of Administrative Offenses. In view of this, it is important to point out the inter-branch nature of the relations of administrative responsibility for violations of the legislation on urban planning activities.
 Summarizing the results, the author concludes that an administrative offense in the field of urban planning is an illegal, culpable act (inaction) of a natural or legal person that violates the requirements of project documentation and normative documents in the field of construction, as well as the established order of construction, reconstruction, capital repair of objects of capital construction, putting it into operation, for which administrative responsibility is established by current legislation.