FEATURES OF LAND ALLOCATION FOR TRANSPORT INFRASTRUCTURE FACILITIES TRENDS

Abstract

The article identifies the problems of Ukraine transport infrastructure development, its inadequacy and failure to take into account European integration processes and military aggression. The need for fundamental reorientation and reformatting of the General Planning Scheme of Ukraine territory and its specification at the level of regions, districts and communities, taking into account the latest geopolitical conditions and European integration processes and increasing the stability of critical infrastructure, is emphasized. Legal approaches to improving the conditions for allocating land plots for transport infrastructure facilities have been determined. Changes and additions to the current legislation regarding the specifics of land allocation for transport infrastructure facilities are proposed. It is proposed to add to the powers of the Cabinet of Ministers of Ukraine the granting of permits to the Highway Services for the development of land management projects for the allocation of land plots not only from state property, but also from communal and private property. It was found the necessary to define the protection zone of the highway and to determine its dimensions depending on the category and/or value of the public road, to limit the types of activities and the possible use of land plots that fall within the boundaries of the specified protection zones, regardless of ownership, to provide a mechanism of action for already existing objects within the protection zones. It is proposed in the Land Code: to remove the right of permanent use from the land legislation and replace it with the right of state or communal property as a full-fledged economic category; to expand the powers of the Cabinet of Ministers of Ukraine regarding the exchange of land on the grounds of public necessity as transport land to state land regardless of the form of ownership and category; to expand easement restrictions on lands in the zone of prospective allocation for transport lands: to prohibit privatization, change of purpose and other construction; to envisage for transport lands only land plots of equivalent value from state and communal lands, with the aim of eliminating corruption components in matters of land allocation for road construction, organization of transport corridors and transport development.