LEGAL REGULATION OF THE ESTABLISHMENT (ALTERATION) OF THE SETTLEMENTS’ BOUNDARIES IN UKRAINE: PROBLEMS AND WAYS OF THEIR SOLUTION

Abstract

The article deals with the issues of legal regulation of the establishment (alteration) of the settlements’ boundaries in Ukraine. The contemporary issues regarding the establishment (alteration) of the Ukrainian settlements’ boundaries are analyzed; the author makes his own proposals as to their solution. The author pays specific attention to the fact that in Ukraine most of the settlements boundaries’ were established a long time ago, particularly, in the last century. Since then the area of the settlements’ lands has significantly increased. This requires adoption of the local decisions connected with changing of the boundaries of the large number of settlements. The main issues in establishment (alteration) of the settlements’ boundaries include the following : – absence of the inified law on administrative-territorial structure of Ukraine; – absence of master plans in many cities under which the establishment of settlements’ boundaries is conducted; – insufficient level of financial funding for establishing of settlements’ boundaries; – reluctance of local governments to settle issues of establishing and changing of settlements’ boundaries. The conclusion about the need for compensation to local authorities whose territory is reduced by expanding the boundaries of urban areas was made by the author. Replacement of the category of lands of settlements on lands of residential and public buildings was considered to be unsuccessful. This led to a change in the concept of «settlement boundary» and its legal significance. The author concludes that the dependence of formation of settlements’ boundaries from the development of master plans should be eliminated. The suggestion for improving of the legislation of Ukraine on establishing the settlements’ boundaries is made by the author. It is necessary to adopt the specialized law on administrative-territorial structure of Ukraine, amend the Land Code of Ukraine and other legal acts.