Methods and Principles of the Activity of the Subjects of Administrative and Legal Relations in the Urban Planning Area
It has been stated that state policy in the field of construction should have a complete toolkit – a system of means for transferring decisions, tracking their implementation, adjusting plans and measures, attracting the necessary material and human resources, evaluating the implementation of the policy.
There has been stated two views on the formation of methods: both methods of a separate branch of law (town planning or construction law) and methods in the field of urban planning with reference to the existing branch of law (administrative, economic, civil).
It has been concluded that among the most studied methods of legal regulation inherent for different branches of law, one distinguishes imperative and dispositive methods. The imperative method is aimed at the emergence, alteration or termination of legal relations in the field of urban planning and is implemented by the system of public authorities through the enforcement which results in the issuance of a law enforcement act. Due to its provisions the subjects of these legal relations acquire specific legal rights and obligations. At the same time, the dispositive method is widely used by the subjects of administrative and legal relations in the field of urban planning. Besides, the author has focused attention on the widespread use in practice of: imperative, empowering, encouraging and recommending methods.
It has been noted that there is no unambiguous position among scholars on the principles in the construction industry, in general, and the principles specific to the activities of the subjects of administrative legal relations in the field of urban planning, in particular.
The author has defined the system of principles of the activity of the subjects of administrative and legal relations in the field of urban planning: a) general principles that determine the general provisions of the activity of public authorities and are based on the legal and organizational provisions of the Laws of Ukraine “On Central Executive Agencies”, “On Local Self-Government”, “On Local State Administrations”, “On Public Service”; b) special principles to be specified in building legislation.
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