Okolovych M. Administrative and legal regulation of urban planning by the municipalities

The thesis is devoted to theoretical and practical problems of administrative-legal regulation of urban development activities by the local self-government bodies and the content of this legal phenomenon. Based on the theory of administrative law, national and foreign legislation, and the results of administrative practice of Ukrainian municipalities the essence of the notion of “town planning activities” as the category of the administrative law is defined. The scientific definition of the urban planning legal regulation by the municipalities has been formulated. A historical analysis of the town planning legislation has been carried out which proves that the evolution of the legislation system of urban planning can be defined as the transformation of philosophical ideas and verbal (unwritten) information carriers into the written norms of law that would enforce social, political, economic, vital needs of the population, with a wide differentiation of city-planning regulations. The research of the legal basis of urban development regulation by the municipalities made it possible to define the system of legal acts that provide administrative and legal regulation of urban development activities by the local self-government bodies of Ukraine. While drafting legal acts regulating urban planning, municipalities apply different rules of normative engineering which determine the difference between these acts according to their structure and content. Administrative coercion in the legal regulation of urban planning on the local level has been analyzed. It has been proved that it is an element of the system of urban regulation, which ensures the effectiveness of the prevention mechanism and elimination of violations of urban planning legislation. The system of administrative coercion in this field has been described. European models of municipal regulation of city development has been analyzed, as well as the genesis and the formation of administrative forms. In order to improve the legal regulation of the procedures for conducting inspections in the sphere of urban development, amendments to the respective legislation were proposed and the expediency of adoption of the Urban Planning Code of Ukraine and the Concept of Public Administration in the field of construction is substantiated along with legislation aimed at regulation of norm-setting activities of municipalities which would contribute to the quality of their legal acts, including the field of urban planning regulation.