Legal basis of participation of public authorities in urban development activities

2020 ◽  
Author(s):  
Nataliya Postavnaya ◽  
Sergey Bogolyubov
Keyword(s):  
Urban Planning ◽  
Urban Development ◽  
Historical Perspective ◽  
Legal Regulation ◽  
Legal Basis ◽  
Public Authorities ◽  
Wide Circle ◽  
Functional Involvement ◽  
Legal Mechanism

The monograph examines the problems of legal regulation of participation of public authorities in urban planning, which until now were not well understood. Application of the method of historical perspective has allowed to study the peculiarities of the emergence and development of organizational-legal mechanism of regulation of urban development and functional involvement of public authorities in this activity. For scientific and pedagogical workers, students, masters, employees of public authorities, as well as for a wide circle of readers interested in the issues of legal regulation of urban development activities.

scholarly journals Peculiarities of legal regulation of port dues administration in Ukraine

2020 ◽  
pp. 184-189
Author(s):  
Olga Semchyk
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
National Commission ◽  
Legal Basis ◽  
Public Authorities ◽  
Legal Nature ◽  
Legal Mechanism ◽  
And Control

The article highlights the issue of legislative consolidation and implementation of the powers of public authorities and other entitiesin the field of port dues in Ukraine. The imperfection of the legal support of management activities in this area is manifested in thefact that special legislation in the legal mechanism of port dues provides for the presence of a specially authorized body – the nationalcommission for state regulation in the field of transport. Such a commission should ensure the establishment of the rates of port fees,approval of the methodology for their calculation and control over the targeted use of funds from such fees. At present, the absence ofa national commission, as well as the absence of a legislative act that determines the legal basis of its activities, leads to inadequate provisionof the port collection process by the state. This is claimed, in particular, in the contradictions in determining the legal nature ofport dues, the lack of justification for their rates, as well as the lack of mechanisms to control the targeted use of funds from such payments.Due to the fact that the laws do not contain a provision stipulating that the procedure for organizing the activities of a national commission is determined by a separate special law, there is also the problem of uncertainty about the legal status of such a commission.According to the current legislation, the legal basis for the activities of the national commission in the field of transport as a centralexecutive body must be determined in accordance with the legislation on central executive bodies, namely: at the level of the relevantregulation approved by the Cabinet of Ministers.

scholarly journals The Subject of the Migration Process as the Main Component of the Administrative and Legal Mechanism of Migration

2020 ◽  
pp. 274-285
Author(s):  
Iryna STOROZHUK
Keyword(s):  
Public Management ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Migration Process ◽  
Public Authorities ◽  
The Subject ◽  
Main Component ◽  
Legal Mechanism

One of the conditions for building the rule of law is to improve public management of migration processes in accordance with international standards. Migration is an integral part of any state. Migration processes can be affected by economic, political, social, demographic factors, environmental or man-made disasters. Not the least role in migration processes is played by military conflicts or religious or racial persecution. Migration is the movement of a person to change his or her place of residence or stay, involving the crossing of a state border or the boundaries of administrative-territorial units. The administrative and legal mechanism of migration covers the main elements of the migration process. The main one is the subject. Migrant as the subject is a person through whom migration relations arise. The system of public authorities is treated as a subject of regulation of migration processes on behalf of the state. It is the interaction of the subjects that makes migration relations real. The subjects of migration processes are: public authorities and administration, which are endowed with certain powers in the field of migration management. Individuals who have crossed administrative borders or changed their place of permanent residence can be citizens of Ukraine, citizens of foreign countries, stateless persons, refugees, internally displaced persons. Non-governmental organizations that do not have direct authority to manage migration processes and can have a direct impact on the integration of migrants into the new social environment. The ratio of executive, legislative and judicial power in the system of legal regulation of migration in Ukraine shows that the indispensable attribute of the state-power mechanism, built on the principles of separation of powers, is the executive power. It creates conditions for the implementation of the preventive function of the legislature, initiates changes in the current migration legislation; implements its own executive and administrative functions; supports the exercise of judicial functions by the judiciary and itself acts as an object of judicial influence. The analysis shows that geopolitical migration processes contribute to the expansion of the subjects of migration processes, and that one of the current problems of the modern system of administrative and legal regulation of migration processes is the need to reconcile the interests of the state, its citizens and migrants.

Health impact assessment on urban development projects in France: finding pathways to fit practice to context

2017 ◽  
Vol 24 (2) ◽  
pp. 25-34 ◽  
Author(s):  
Anne Roué-Le Gall ◽  
Françoise Jabot
Keyword(s):  
Urban Planning ◽  
Urban Development ◽  
Impact Assessment ◽  
Health Sector ◽  
Implementation Process ◽  
Health Impact ◽  
Public Authorities ◽  
The Public ◽  
Health Impact Assessments ◽  
Multiple Case

In France, there is increasing interest in health impact assessments (HIAs) and most are performed on urban projects. The field of expertise is still under development and mostly established within the public health sector. To date, in France, all HIAs conducted in urban planning are stand-alone HIAs disconnected from the required environmental impact assessment (EIA). The paper opens with an introduction of the close and complex relationship between health and urban planning, HIA and a description of key elements needed for understanding the French context. Then, the paper analyses the context and the implementation process for four HIAs in progress in order to understand the specific characteristics of urban development, identify the key stages for introducing a health perspective into urban projects, and extract avenues to be explored when adapting HIAs applied to urban planning in France. Using a qualitative multiple case study design, an analysis framework was built to compare several aspects of the four HIAs and made it possible to highlight three pathways for adapting HIA to the urban planning sector: the schedule, links between the EIA and HIA, and the complementarity of the initiatives to involve residents. Legal measures enable a point of contact that brings health institutions and cities closer together. HIA is yet another tool that public authorities now have at their fingertips to work together in strengthening democracy and in reducing social, geographical and environmental health inequalities. More research must be undertaken to develop an understanding of the practice-related context; to judge HIA’s capacity to draw on existing approaches in different fields; and to explore the different avenues leading to increased health, wellbeing and equity.

scholarly journals Ways to improve administrative and legal mechanism for ensuring the rights of business entities in the field of taxation

2020 ◽  
Vol 77 (2) ◽  
pp. 46-80
Author(s):  
А. М. Чорна
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
Low Level ◽  
State Tax ◽  
Business Entities ◽  
High Level ◽  
Legal Mechanism ◽  
Constructive Interaction

The author of the article, based on the analysis of scientific views of scholars and current legislation of Ukraine, elaborates the ways to improve administrative and legal mechanism for ensuring the rights of business entities in the field of taxation. It is substantiated that the objective prerequisites for improving administrative and legal mechanism for ensuring the rights of business entities in the field of taxation are: 1) low level of trust of entrepreneurs in the tax service; 2) high level of corruption in the agencies of the State Tax Service; 3) imperfect mechanism of legal regulation of tax advice; 4) low level of quality and efficiency of functioning of administrative and legal mechanism of ensuring the rights and lawful interests of business entities as taxpayers, etc. It was stated that the first step towards improving administrative and legal mechanism for ensuring the rights of business entities in the field of taxation should be the improvement of the relevant administrative legislation. The expediency of improving the organizational structure of the State Tax Service is substantiated. Emphasis was placed on the need to improve the interaction of the State Tax Service with other public authorities and the public on ensuring the rights of business entities in the field of taxation. It is noted that the deep and constructive interaction of the State Tax Service of Ukraine with other public authorities and the public is undoubtedly an important guarantee of high quality and efficiency for ensuring the rights of business entities.

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

2019 ◽  
Vol 73 (2) ◽  
pp. 37-42
Author(s):  
Є. А. Неборський
Keyword(s):  
Law Enforcement ◽  
Urban Planning ◽  
Construction Industry ◽  
Legal Regulation ◽  
Town Planning ◽  
Legal Rights ◽  
Public Authorities ◽  
Separate Branch ◽  
Executive Agencies ◽  
Construction Law

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.

scholarly journals Constitutional and legal mechanism for ensuring the principles of elections of people's deputies of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 64-72
Author(s):  
S.M. Martelyak ◽  
M.O. Martelyak
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
General Character ◽  
Public Authorities ◽  
Parliamentary Elections ◽  
Legal Norms ◽  
Democratic Development ◽  
Legislative Body ◽  
High Level ◽  
Legal Mechanism

The authors raise the urgent issue of ensuring the principles of the election of people's deputies of Ukraine proclaimed by the Constitution of Ukraine and national election legislation. It is noted that the principles of elections of people's deputies of Ukraine are a special legal phenomenon, which embodies the fundamental, fundamental ideas that determine the content and procedure for forming a single legislative body in Ukraine, find expression and manifestation in the legal sphere of society and state and are characterized by such features: 1) reflect the conscious and volitional aspects of elections; 2) these are fundamental ideas, guiding rules, which contain defining guidelines of a guiding nature regarding the elections of people's deputies of Ukraine, a guideline in the formation of suffrage; 3) have a general character, they have an inherent element of generalization, elevated above the specifics; 4) express the essence of suffrage as a system of legal norms governing public relations related to the election of public authorities; 5) is a social phenomenon, the property of the democratic development of the world community. The principles of parliamentary elections determine the content of the electoral process and are characterized by a high level of scientific and theoretical validity, historical accuracy and tried and tested in practice, serve as guidelines and coordinates of legal influence on participants in electoral relations. Based on their importance in the formation of a single legislative body of Ukraine, an important issue is their provision through the appropriate constitutional and legal mechanism. Based on the analysis of doctrinal and legal ideas about the mechanism of the state, the mechanism of legal regulation, the legal mechanism, the conclusion of the constitutional and legal mechanism for ensuring the principles of elections of people's deputies of Ukraine is defined by the Constitution and detailed by normative and institutional component, through which the legal influence on public relations on the lawful implementation, protection and defense of the principles of elections of people's deputies of Ukraine is practically carried out. It covers two components: normative (substantive and procedural) and institutional.

scholarly journals Law-Making Process in the Russian Empire: Urban Planning Policy and Legislation

Lex Russica ◽  
2020 ◽  
pp. 106-115
Author(s):  
I. G. Pirozhkova
Keyword(s):  
Urban Planning ◽  
Public Relations ◽  
Urban Development ◽  
Professional Community ◽  
Legal Regulation ◽  
Research Area ◽  
Russian Empire ◽  
Complete Collection ◽  
The Russian Empire ◽  
Law Making

The paper presents the evolution of law-making process in the Russian Empire through the prism of urban planning legal regulation. It covers the period of uncodified and codified legislation with the period up to the appearance of the Digest of Laws of the Russian Empire (all its editions) and the Complete Collection of Laws of the Russian Empire (PSZRI). In these materials, the author identified about 300 historical normative acts related to the regulation of urban development from the era of Peter the Great to 1825 (the period systematized in the PSZRI), and a number of major codified acts of the 19th — early 20th century. The analysis of their content and form formed the basis for conclusions about the quality of law-making process in the Russian Empire.Based on the analysis of normative material covering construction, architectural legislation, legal norms in the field of organization of urban development, the author considers the characteristic features of pre-revolutionary law-making process in encouraging the creation of normative acts, conceptual techniques of legal technology, systematization characteristics. Subjects of law-making process are singled out. Normative acts are classified according to different grounds, a parallel is drawn with the modern hierarchy of normative acts, and historical features of their typology are highlighted. The author draws conclusions about the inaccurate classification of the main identified acts (charters) as codes, about the prevalence of legal idealism in the concept and policy of urban planning regulation. The source of fixing public relations in the form of a legal norm is the monarch’s will. In the research area it is based on the idea of an ideal city, the concept of which has evolved from the idea of regularity to a rational capitalist space. It was supplemented by proposals from the professional community at the end of the period.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

PROSPECTS FOR THE DEVELOPMENT OF THE LEGAL MECHANISM FOR THE FUNCTIONING OF PAYMENT SYSTEMS

2020 ◽  
Vol 13 (3) ◽  
pp. 079-084
Author(s):  
ELIZAVETA SALINA ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Payment System ◽  
State University ◽  
Payment Systems ◽  
Proper Functioning ◽  
Money Transfer ◽  
Level Of Significance ◽  
Transfer Services ◽  
Legal Mechanism

1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.

SCIENTIFIC APPROACHES TO THE DEVELOPMENT OF PLANNING DOCUMENTATION FOR THE UNITED TERRITORIAL COMMUNITIES

2018 ◽  
pp. 42-48
Author(s):  
Olha Dorosh ◽  
Iryna Kupriyanchik ◽  
Denys Melnyk
Keyword(s):  
Land Use ◽  
Urban Planning ◽  
Urban Development ◽  
Land Management ◽  
Planning Process ◽  
Town Planning ◽  
Land Use Systems ◽  
The Law ◽  
Land Use Development

The land and town planning legislation concerning the planning of land use development within the united territorial communities (UTC) is considered. It is found that legislative norms need to be finalized. The necessity of updating the existing land management documentation developed prior to the adoption of the Law of Ukraine "On Land Management" and changes in the structure of urban development in connection with the adoption of the Law of Ukraine "On Regulation of Urban Development" was proved as they do not ensure the integrity of the planning process within the territories of these communities through their institutional incapacity (proved by the example of the Palan Unified Territorial Community of the Uman district of the Cherkasy region). The priority of land management and urban planning documents as the most influential tools in planning the development of land use systems in UTC is scientifically grounded and their interdependence established.

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