Legality of reducing the regulatory provision of apartment buildings with parking spaces as a subject of prosecutor’s supervision

Abstract

The article considers the role of the prosecutors office in ensuring the legality of decisions of authorized authorities that allow interested parties (in particular, developers) to reduce the number of equipped parking spaces during the construction of apartment buildings in relation to the regulatory parameter provided for by the urban planning regulations of the territorial zone in which the developed area is located. The issue of lack of free parking spaces has always been one of the urgent problems of any metropolis. In this regard, the proper implementation of the law when issuing permits for deviations from the maximum parameters of permitted construction requires special attention from the prosecutors office. The article substantiates that these permits, despite the lack of clarity of legal regulation, cannot be accepted solely on the basis of the discretion of the authorized body, without establishing legal conditions. Sometimes compliance with the public procedure for discussing the issue of granting an appropriate permit is mistakenly considered as a sufficient basis for issuing it. Therefore, when checking the implementation of the law, the prosecution authorities should not be limited only to studying documents confirming compliance with the procedural regulations for the actions of the authorized body, but also evaluate the actions of the supervised person in terms of the completeness of the study by him of the presence of special characteristics of the land plot that do not allow fulfilling the regulatory parameter as required the number of parking spaces.