Methods and Principles of the Activity of the Subjects of Administrative and Legal Relations in the Urban Planning Area

Ye. A. Neborskyi

doi:10.32631/pb.2019.2.05

Ye. A. Neborskyi Scientific Institute of Public Law (Kyiv) https://orcid.org/0000-0002-6783-2958

DOI: https://doi.org/10.32631/pb.2019.2.05

Keywords: subjects, urban planning, principles, methods, construction industry, public administration

Abstract

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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Author Biography

Ye. A. Neborskyi, Scientific Institute of Public Law (Kyiv)

Postgraduate student.

References

Rezvorovych K.R., 2016. Administrative and Legal Support of Implementation of State Policy in the Field of Construction [Administratyvno-pravove zabezpechennia realizatsii derzhavnoi polityky u sferi budivnytstva]. Abstract of Ph.D. dissertation. National Academy of Internal Affairs, Kyiv.

Kuzmenko O.V., 2018. Course on Administrative Law of Ukraine [Kurs administratyvnoho prava Ukrainy]. 3rd ed. Kyiv: Yurinkom Inter.

Mamedov A.M., 2003. City Territorial Development Management Using the Input-Output Model Optimization Method [Upravlinnia terytorialnym rozvytkom mista z vykorystanniam metodu optymizatsii modeli vytraty-vypusk]. Abstract of Ph.D. dissertation. Kyiv National University of Building and Architecture. Available at http://base.dnsgb.com.ua/files/ard/2003/03mammvv.pdf [Accessed 1 June 2019].

Meshcheriakov V.V., 2012. Urban planning as a component of managing the territorial development of the city Mistobuduvannia yak skladova upravlinnia terytorialnym rozvytkom mista. Derzhavne upravlinnya: udoskonalennya ta rozvytok – Public administration, improvement and development, No. 9. Available at http://www.dy.nayka.com.ua/?op=1&z=469 [Accessed1 June 2019].

The Concept of Public Administration in the Sphere of Urban Planning [Kontseptsiia publichnoho upravlinnia u sferi mistobudivnoi diialnosti]: zb. analit. materialiv, 2019. Kyiv.

Reznichenko V.O., 2015. Administrativeand Legal Principles of Licensing Activity in the Field of Urban Planning [Administratyvno-pravovi zasady dozvilnoi diialnosti u sferi mistobuduvannia]. Ph.D. dissertation. Kharkiv National University of Internal Affairs.

Semenko B.M., 2011. Administrative Liability for Breaking of the Law in the Building Sphere [Administratyvna vidpovidalnist za pravoporushennia u haluzi budivnytstva]. Ph.D. dissertation. Zaporizhzhia National University.

Khryapynskyy A.P., 2014. Administrative and Legal Principles of Control and Supervision in the Field of Urban Planning [Administratyvno-pravovi zasady kontrolno-nahliadovoi diialnosti u sferi mistobuduvannia]. Ph.D. dissertation. International University of Business and Law, Kherson.