Tarasyuk Y. Administrative and Legal Provision of Housing Construction in Ukraine

The author has singled out five stages of historical and legal development of administrative and legal provision of housing construction in Ukraine: 1) the period of existence of Kievan Rus (IX-XIII centuries); 2) the beginning of the XIV – the end of the XIII century – domination of the Magdeburg law in the vast majority of the territories of Ukraine; 3) the time of Ukraine’s accession to the Russian Empire (early XVIII century – 1917); 4) the period of existence of the USSR (1917-1991); 5) the current stage (since 1991 and until now). It has been determined that the object of administrative and legal provision in the field of housing construction is the activity of the state and urban planning entities for the construction of buildings intended for human habitation and creation of conditions for citizens to exercise the right to housing guaranteed by the Constitution of Ukraine. It has been offered to create a department within the State Architectural and Construction Inspectorate of Ukraine that would combat corruption and other corruption offenses committed by urban planning entities and public administration officials in the construction sector, in particular housing construction. The author has carried out the characteristics of the system of subjects of administrative and legal provision of housing construction in Ukraine, taking into account their division into subjects of general competence that accomplish the formation and implementation of the state policy in the construction sector, in particular in the field of housing construction, and subjects of special competence that directly apply the forms and methods of administrative and legal provision of housing construction. The author has improved scientific approaches to the classification of the principles of administrative and legal provision of the housing construction area, which have been offered to be divided into: 1) generally legal, which are inherent for the implementation of any activity; 2) sectoral, which are characteristic for the construction sector in general; 3) special, which are relevant for legal provision of the housing construction area. It has been argued that organizational, administrative and legal forms of ensuring housing construction in Ukraine are the ways of external expression (identification) of the regulatory and administrative function of the state represented by its competent authorities and officials in the field of housing construction. The relevant forms include normative and legal, law-enforcement, organizational and constituent, control and supervisory. It has been noted that important administrative and legal means along with the forms are methods of the activity of the subjects of administrative and legal provision of housing construction. They have been characterized as the ways to influence the consciousness and behavior of urban planning entities in order of their compliance with the established rules of housing construction. The methods of providing housing construction in Ukraine include: persuasion; coercion; establishment of instructions, prohibitions, permits; coordination, subordination and re-coordination.