Responsive image
Article Permissible Legal Relations in the Field of City Planning Under the Conditions of Digitalization and Economic Liberalization
Authors OLGA KVASNITSKA
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 8 / 2023
Pages 124 - 136
Annotation

The article is devoted to the direction of improving the legal regulation of permit relations in the field of urban planning, taking into account the impact of information and communication/digital technologies on the permit system, law enforcement practice, and scientific research on the essence of permit relations.

The goal of this article is to reformat the scientific developments of the essence of permitting legal relations and proposals to optimize the legislative rules of licensing procedures by continuing to modernize economic legislation, harmonize urban planning and monument protection legislation, and develop the Ukrainian Urban Planning Code.

The analysis of the essence of permission relations made it possible not only to confirm their organizational component, which is manifested in the management process of economic activity, but also to supplement it with additional characteristics demonstrated in digital competencies, additional digital rights and the specificity of the electronic form of interaction between the subjects of permission relations, which occurs due to digital resources and is recorded in electronic documents. It is argued that permissive relations are not regulated by the Law of Ukraine “On Administrative Services”, instead, they arise, change and terminate in the process of organizing economic activity, depend on the will of the business entity and do not terminate in the event of obtaining a permissive document, as they continue to exist at the expense of individual legal means-actions until the economic entity completes a certain action, commercial operation or planned activity.

The study of permitting legal relations in the field of urban planning in the context of digitization and economic liberalization leads to the conclusion that an integrated environmental permit (for construction, monuments, space, nature, and the environment) will allow to concentrate all those permits that are currently ineffective due to the branching of bodies and their discretionary powers. Furthermore, along with the simplification of permitting procedures, there should be talk of preventive control in the form of a complex procedure for obtaining a construction permit through the EDESSB.

The author is determined by the need to format scientific studies of the essence of permission legal relations and organize the terminological arsenal in legislative acts, since the influence of information and communication/digital technologies on the permission system lends additional characteristics to licensing relations, which occur in digital competence, additional digital rights and the specificity of the electronic form of interaction of sub objects of permissive relations. It is argued that permit legal relations are mediated by the interaction of subjects through a single, electronic platform, which takes place at the expense of digital resources, is fixed in electronic documents, and is a guarantee of the inviolability of the procedures for issuing, canceling (cancellation, suspension and extension of validity) of permit documents by permit authorities.

 

Keywords permit legal relations; permit documents; means of state regulation; urban planning; construction; digital resources; public registers; a single state electronic system in the field of construction
References

Bibliography

Authored books

1. Apanasenko K, Dozvilni pravovidnosyny u sferi hospodariuvannia: problemy teorii i praktyky (Instytut ekonomiko-pravovykh doslidzhen imeni V K, Mamutova Natsionalnoi akademii nauk Ukrainy 2020) (in Ukrainian).

2. Dzhafarova O, Dozvilna diialnist orhaniv publichnoi administratsii v Ukraini: pytannia teorii ta praktyky (Dysa plius 2015) (in Ukrainian).

3. Stukalenko O, Administratyvno-pravove zabezpechennia budivelnoi haluzi (Tsentr uchbovoi literatury 2016) (in Ukrainian).

4. Vikhrov O, Orhanizatsiino-hospodarski pravovidnosyny (Slovo 2008) (in Ukrainian).

 

Thesis abstracts

5. Siverin V, ‘Administratyvno-pravovi zasady nadannia dozvilnykh posluh sub’iektamy publichnoi administratsii’ (dys kand yuryd nauk, 2010) (in Ukrainian).

 

Electronic version Download