THEORETICAL AND LEGAL PRINCIPLES OF ADMINISTRATIVE REGULATION OF PERMITTING PROCEDURES IN THE FIELD OF URBANIZATION

A.J. Frantsuz, M.Y. Onyskovets
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Abstract

The article is devoted to a comprehensive study of the definition, content and features of the application of permitting procedures in the field of urbanization. Attention is paid to the very concept of urban planning, urbanization and urban planning. An attempt has been made to link the concepts of urban planning and urbanization at the level of theory. Attention is paid to urban planning objects. The presence of the corresponding specialization called to study the basic provisions of the theory of town-planning activity, possibilities of its realization in practice is specified. The theoretical understanding of the concept of permitting procedures in the field of urbanization is investigated and generalized, which allowed to identify and generalize the problems of their design and issuance. The concept of the permitting procedures in the field of urbanization is revealed in detail, the shortcomings of their application in practice and their legislative regulation are highlighted, changes are proposed to improve this situation. The range of subjects of legal relations on permitting procedures in the field of urbanization, their responsibility, control over their activity is defined. The case law of the European Court of Human Rights shows the key aspects of the functioning of permitting procedures in the field of urbanization, as well as the problems and shortcomings of their functioning, offers to address the relevant shortcomings. The practice of foreign countries, especially European ones, in the field of regulation and application of such permitting procedures was also applied. The domestic practice of legislative regulation of provisions on permitting procedures in the field of urbanization is taken into account. The content and application of permitting procedures in the practical activities of the subjects of legal relations on permitting procedures in the field of urbanization are characterized. They are shown to be different depending on the type and complexity of construction of a particular urban development object. Examples of practical experience of other countries in the application of permitting procedures and the issue of providing them to certain business and community entities are given. Taking into account the additional domestic experience, the result of solving the problematic aspects of permitting procedures in the field of urbanization was summed up.
城市化领域许可程序行政规制的理论与法理
本文对城镇化领域许可程序适用的定义、内容和特点进行了全面研究。关注的是城市规划,城市化和城市规划的概念。人们试图在理论层面上把城市规划和城市化的概念联系起来。关注城市规划对象。相应的专业化要求研究城市规划活动理论的基本规定,并对其在实践中实现的可能性进行了具体说明。对城市化领域中许可程序概念的理论理解进行了调查和概括,从而可以确定和概括其设计和发放的问题。详细揭示了城镇化领域许可程序的概念,突出了其在实践应用和立法规制中的不足,并提出了相应的改革建议。确定了城市化领域中许可程序的法律关系主体的范围、它们的责任、对它们活动的控制。欧洲人权法院的判例法显示了城市化领域许可程序运作的关键方面,以及其运作的问题和缺点,并提出了解决有关缺点的办法。还采用了外国,特别是欧洲国家在管制和适用这种许可程序方面的做法。考虑到国内对城市化领域的许可程序规定进行立法管制的做法。对城镇化领域许可程序法律关系主体的实践活动中许可程序的内容和适用进行了分析。它们根据特定城市发展对象的建设类型和复杂性而有所不同。并举例说明了其他国家在适用许可程序和向某些商业和社区实体提供许可程序方面的实际经验。考虑到额外的国内经验,总结了解决城市化领域许可程序的问题方面的结果。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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