scholarly journals VIEŠOJO INTERESO APIBRĖŽIMO LIETUVOS URBANISTINĖJE PLĖTROJE KLAUSIMU/ON DEFINITION OF PUBLIC INTEREST IN URBAN DEVELOPMENT OF LITHUANIA

2008 ◽  
Vol 32 (4) ◽  
pp. 248-257 ◽  
Author(s):  
Eugenijus Staniūnas

The word “public“ has two meanings in the Lithuanian language. It means “useful for society“ and “overt“ (“nonsecret“). Double-edged meaning of the category is not acceptable in the sphere of practical urban development, where decisions mean the distribution of goods among individuals as well as the distribution of goods among individuals and overall. In general it is not clear whether the development of the city should be only overt or whether it has also something to do with the interest of society, with the interest of the entire population of the city. The language peculiarities require a special approach of the legal system to the term. The Lithuanian legal system makes not very much in this direction, may be rather on the contrary it makes the term “public interest“ even more misty. The Lithuanian Constitution mentions societal interest (requires to support useful for society economic activity), however, neither the Constitution nor the Law on Territory Planning describe what the category “society use“ (societal interest) means. The Law does not see the diference a person and the entirety of city population. It says that the term “public“ (“society“) means one as well as more natural or legal persons. This situation has many sequences: the main question of the social system of the state is not clear; the basis of the mission of urban planning is not clear too; the principle of distribution of goods in urban development is not declared; the question of a legal goods distribution can hardly even be raised. The idea of a more precise legal definition of the term “public interest“ is raised in the paper. The author thinks that the formula “public goods are goods that cannot be produced by an individual“ can be a good basis for elaborating a legal definition of the category “public interest“. It allows to divide clearly and logically overall and individual goods. It allows to see what concrete development proposals are useful for. It allows to show the logical place of urban planning in general: public interest in urban development should be the production of goods that cannot be produced by separate citizens; this production should also be accepted as the mission of urban planning. Santrauka Nagrinėjamas viešojo (visuomenės) intereso apibrėžimo ir jo sąsajų su teritorine plėtra klausimas. Apie visuomenės interesus užsiminta Lietuvos Konstitucijoje, tačiau kas tai yra konkrečiau, Lietuvos įstatymuose nepaaiškinta. Neapibrėžus šios kategorijos, praktiškai neįmanoma išspręsti esminio valstybei – jos socialinės sistemos klausimo, t. y. konkretizuoti visuomenės ir individo santykių principo (nors jis apytikriai ir paaiškintas pagrindiniame šalies įstatyme). Rezultatas yra tas, kad gyvenimo praktikoje (taip pat ir teritorinėje plėtroje) realizuojama galbūt nuo Konstitucijos atitrūkusi ir nežinia kokia valstybės idėja. Straipsnyje siūloma šią spragą užpildyti ir analizuojama, kaip tai būtų galima padaryti.

2021 ◽  
Vol 274 ◽  
pp. 01018
Author(s):  
Alexander Dembich ◽  
Yulia Zakirova ◽  
Nataliia Orlova ◽  
Tansylu Khakimova

The purpose of the study is the definition of scientifically based principles of planning reorganization of the city of Naberezhnye Chelny. The main results of the study are the development of a program of urban development of the city territory on the basis of the identified problems and limitations, the definition of key tasks in the spatial and territorial development of the city of Naberezhnye Chelny. Significance of the results for architecture and urban planning consists in the fact that the methodological principles of the planning reorganization of the city as the basis for the development of the strategic master plan of the city of Naberezhnye Chelny are revealed.


Author(s):  
Olha Dorosh ◽  
Iryna Kupriyanchik ◽  
Denys Melnyk

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.


2017 ◽  
Vol 43 (4) ◽  
pp. 661-671
Author(s):  
Nadja Weck

Like in many other provinces, during the Habsburg period, the main point of orientation for Galicia was Vienna. This also applies to architecture and urban development. Galicia’s technical elite applied the theoretical and practical experience it gathered in Vienna to the towns and cities of this northeastern Crown land. Ignacy Drexler, born in 1878 in the Austro-Hungarian Lemberg, was a representative of a new generation of engineers and architects who did not necessarily have to spend time in the imperial capital to earn their spurs. Increasingly, besides the more or less obligatory stay in Vienna, other European countries became points of reference. Drexler did not live to see the realization of important aspects of his comprehensive plan for the city, but his ideas and the data he compiled were indispensable for the future development of his hometown. They shape urban planning in Lviv to this day.


STORIA URBANA ◽  
2009 ◽  
pp. 53-80
Author(s):  
Zsuzsa Ordasi

- Unlike other great cities of Europe, Budapest did not experience any significant urban development before the nineteenth century, especially before 1867, the year of the foundation of the Austro-Hungarian Monarchy. After that, the city became the second pole, after Vienna, of this important European state. The capital of the Kingdom of Hungary grew through the use of various types of urban architecture and especially through a "style" that was meant to express Hungarian national identity. Architects, engineers, and other professionals from Hungary and Austria contributed to this process of modernization as well as many foreigners from Germany, France and England. The city's master plan - modeled after Paris's - focused on the area crossed by the Viale Sugár [Boulevard of the Spoke] was set on the Parisian model and so covered only certain parts of the city. The Committee on Public Works (1870-1948) played a leading role in putting the plan approved in 1972 - into effect in all aspects of urban planning, architecture and infrastructure.


2021 ◽  
Vol 7 (2) ◽  
pp. 105-125
Author(s):  
Bevz M ◽  

Ancient city fortifications are one of the specific types of defensive architecture. Along with the buildings of castles, blocks of urban residential development, monastery complexes and field defensive structures, they formed a special type of architectural and urban planning objects. During their construction, the skills of both an architect, builder, and military engineer were often combined. Not so many objects of urban defense architecture have come down to our time. Therefore, every fragment of the city's defensive walls and earthen fortifications preserved today, as a rule, is a valuable document of its era and needs careful protection and preservation. Urban fortifications (as opposed to fortifications of castles or fortresses) were the objects of priority liquidation in the process of urban development. There are very few of them preserved in Ukraine, so their preservation and study is a matter of extreme importance. Lviv is a unique city on the map of Ukraine in terms of the development of urban fortifications. The article analyzes the reflection of objects and monuments of defense construction in the scientific and design documentation "Historical and Architectural Reference Plan of the City of Lviv". Data on the stages of development of Lviv fortifications are highlighted. Special attention is paid to the remains of fortifications that have been preserved in the archaeological form. Their identification, conservation and identification is important task for modern urban development projects. The paper makes hypotheses about some hitherto unidentified elements of fortifications of the XVII-XVIII centuries. Special emphasis is placed on the need for a special scientific study on the detailed reconstruction of all stages of the development of defense belts around the city center and suburbs of Lviv


2003 ◽  
Vol 4 (1) ◽  
pp. 72-80 ◽  
Author(s):  
Pranciškus Juškevičius

The article provides the analysis of the evolution of the planning principals and physical development of the City since 1988 when the state determined planning was mandatory, covering the period since the adoption of the Law on Territorial Planning up to the present date when the City operates in the market economy conditions. The controversy of the City planning and development is pointed out, as well as the necessity to liberalise and harmonise the process.


2021 ◽  
Vol 9 ◽  
Author(s):  
Ted Sichelman

Many scholars have employed the term “entropy” in the context of law and legal systems to roughly refer to the amount of “uncertainty” present in a given law, doctrine, or legal system. Just a few of these scholars have attempted to formulate a quantitative definition of legal entropy, and none have provided a precise formula usable across a variety of legal contexts. Here, relying upon Claude Shannon's definition of entropy in the context of information theory, I provide a quantitative formalization of entropy in delineating, interpreting, and applying the law. In addition to offering a precise quantification of uncertainty and the information content of the law, the approach offered here provides other benefits. For example, it offers a more comprehensive account of the uses and limits of “modularity” in the law—namely, using the terminology of Henry Smith, the use of legal “boundaries” (be they spatial or intangible) that “economize on information costs” by “hiding” classes of information “behind” those boundaries. In general, much of the “work” performed by the legal system is to reduce legal entropy by delineating, interpreting, and applying the law, a process that can in principle be quantified.


Author(s):  
Samuel Medayese ◽  
Hangwelani Hope Magidimisha-Chipungu ◽  
Ayobami Abayomi Popoola ◽  
Lovemore Chipungu ◽  
Bamiji Michael Adeleye

This study followed a chronological review of literature over the past 20 years. This was able to show relationship between inclusivity and physical development. A variety of discussions were looked into including dimension of inclusivity, definition of inclusivity, scales for measurement of inclusivity, methodology for appraising inclusivity, protagonists of inclusivity, and antagonists of inclusivity. The intricacy of the correlations between inclusive physical development and life expectations of residents are improved upon so as to show the similarities of these parameters. The analysis of the relevant literature indicated the process of enhancing the urban space and ensuring that all interest and strata of groups in the human composition are adequately cared for by employing the best parameters from the conceptualization of the city development, all the indicators of inclusiveness are well thought out.


2018 ◽  
Vol 55 (3) ◽  
pp. 579-605
Author(s):  
Tomislav Karlović

Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference between the two (fiducia and trust) becuase of the duality between common law and equity in English legal system. While the mutual interests of the parties to fiducia in Roman law were protected only by personal actions (actiones in personam), parties’ proprietary interests in English trust were (and still are) recognized with the parallel existence of legal and equitable title. In contemporary Croatian law of real property the closest thing to the division of titles exists with regard to the conditionally transferred ownership as regulated in Art. 34 of Ownership and Other Proprietary Rights Act, entaling the division on prior and posterior ownership, both of which can be entered into Land registry and other registries. In the article it is analysed how this division and the following registration of both titles could allow for the effects to be given to trusts, in case it would be pondered on the benefits of accession of Croatia to the Hague Convention on the Law Applicable to Trusts and on their Recognition. Accordingly, after the exposition of Croatian law, it is given a short overview of English trust with emphasis on trusts of land and, subsequently, of the rules of the Hague Convention on the Law Applicable to Trusts and on their Recognition. In the conclusion it is argued that perceived incompatibility of trust with civilian legal system can be overcome in Croatia with the help of extant legal rules regarding conditionally transferred ownership. Also, this incompatibility has already been refuted in several European continental countries from which examples lessons should be studied and learned, what would be the next step in the deliberations on the accession to the Hague Convention on the Law Applicable to Trusts and on their Recognition.


1987 ◽  
Vol 81 (2) ◽  
pp. 53-58 ◽  
Author(s):  
V.E. Bishop

This paper explores the definitional problems of visual handicaps, especially in terms of the legal definition of blindness. A brief history is given of the laws concerning visually handicapped people, and a discussion of case law describes legal precedent. A final section presents suggestions for strengthening the legal position of visually handicapped people in future litigation.


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