The profile legislative act in the sphere of administrative and construction legal relations is the Law of Ukraine “On regulation of urban development”. ‘Strict compliance with urban planning documentation is the basis for ensuring law and order in the sphere of urban planning. That is why according to part 2 of the mentioned Law the requirements of urban planning documentation are mandatory for all subjects of urban planning’. Administrative decisions in this area of legal relations significantly and for a long time affect the living space of all residents of settlements, the environment, the development of a city or village. This obliges authorized persons to take into account the aggregate interests of the state, territorial community, individual groups and individuals when developing urban planning documentation. However, in practice, “these interests often diverge”, which negates the principle of good governance and the legal requirement for “balanced consideration of interests” in the sphere of urban planning.

The analysis of recent studies and publications has shown that certain aspects in the sphere of urban planning legal relations are studied not only by judges, but also by politicians, scientists and even business entities, and thanks to these works, certain aspects of the theory and practice of these legal relations are substantively covered. However, coverage of the concept of proper application of legislative norms in the field of urban planning through the prism of legal positions of the Supreme Court remained outside the research attention.

The purpose of the publication is to highlight the concept of proper application of legislative norms in the field of urban planning through the prism of legal positions of the Supreme Court, taking into account the case law of the European Court of Human Rights.

The legal approach is substantiated, according to which formal procedural inaccuracies in the application of legislative norms in the field of urban planning cannot serve as a legal basis for recognizing the decision of the authorized entity as unlawful if this decision is correct in essence and the initial compliance of this entity with the legally defined procedure will not change this essence.

 In the context of the presentation of the final generalizations, the author of the publication established: 1) the concept of proper application of legislative norms in the sphere of urban planning activity means a meaningful, present, substantive and personally defined individualization of legal norms in relation to certain subjects of these legal relations, as well as the selection, consistent selection and application of legal norms to legal facts that have arisen in this area of legal relations; 2) the diversity of disputes arisingin the course of normative application in the field of urban planning activities, the lion’s share of which subsequently acquires the status of judicial disputes, is due to the specifics of normative regulation of such activities: such regulation and application is carried out in inseparable connection with dozens of other legislative acts; in the field of urban planning activities both the Parliament and the Government of Ukraine, and the vertical of the State executive authorities, as well as local self-government bodies are involved; 3) there is a lack of legally defined criteria (algorithm) for establishing the fact of coordination of interests of the State, territorial community and individual groups and individuals; 4) the Supreme Court, while resolving court disputes in the field of urban planning, has formed a number of legal positions, proper familiarization with which by judges of appellate and local courts will contribute to the unification of the application of legislative norms in this sphere of legal relations.

Bibliography

Dictionaries

1. Slovnyk ukrainskoi movy, t I–M (Buriachok A, Dotsenko P red, Naukova dumka 1973) (in Ukrainian).