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Article Administrative Liability in the Field of City Planning Activity: Progress or Regress?
Authors DMYTRO LUK’YANETS
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 2 / 2023
Pages 52 - 63
Annotation

The aim of administrative and legal regulation in the field of city planning activities is to achieve a balance between the relevant private and public interests, that is, to ensure favourable conditions for the implementation of construction activities and to ensure the safety of the participants of the specified relations by minimizing the risks of causing damage that arise in connection with the implementation of such activities. Within the framework of the implementation of the last task, a legal mechanism for monitoring compliance with the established norms is created, as well as a mechanism for responding to detected violations, the basis of which is administrative liability. Normative regulation of relations of administrative liability in the field of city planning activities is in a state of permanent improvement, and recently this institution has undergone significant changes.

The purpose of this article is to analyse the new regulatory structure of administrative liability in the field of city planning activity in comparison with the previous one and assess its suitability for effective implementation. On the basis of the conducted analysis, it was concluded that the regulatory structure of administrative liability for offenses in the field of city planning provided for by the new version of the Law of Ukraine “On Regulation of City Planning Activity” is imperfect, and its inherent defects do not allow to expect for its effectiveness. The normative construction of liability intended for implementation by administrative courts does not meet the requirements of the organization of legal proceedings due to the impossibility of using within its limits the legal form of appeal to the court. In turn, the normative construction of liability, intended for proceedings within the powers of the state supervision body in the area of city planning, does not ensure objectivity in the consideration of offenses cases and to a large extent makes it impossible to appeal its decisions regarding the application of sanctions.

 

Keywords administrative liability; liability in the field of city planning; offenses in the field of city planning; tort proceedings in administrative courts
References

Bibliography

Edited books

  1. Smokovich M, Bevzenko V, Administrativnyi proces Ukrainy: teoriya, praktyka: pidruchnyk (Bevzenko V red, 2020).

 

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