Rirenko A. Conceptual and Legal Framework for the Use of Land for Urban Planning Needs

The thesis is devoted to a comprehensive and in-depth study of conceptual and legal foundations of land use for urban planning needs. The thesis contains theoretical generalization and a new solution to a scientific problem in formation of a conceptual vision of the legal regulation of relations on the use of land for urban planning needs. The thesis examines a wide range of general-purpose problems of legal support for the use of land for urban planning needs. Legal significance of the lands of Ukraine as a spatial basis for urban planning is thoroughly analysed. Existence of an integrated legal regime of lands used for urban planning needs is substantiated. Necessity of introducing the concept of spatial planning into legislation as a premise for the use of land for urban planning needs is proved. The thesis substantiates the “ubiquity of urban planning” methodological concept. Special attention is placed on the problem of terminology use in doctrine and law administration, such terms as “urban planning activities”, land, landscape, territory, and also land plot are defined. Periodization of the development of legislation in the field of land use for urban planning needs is conducted. Premises for the formation of urban planning law in the legal system of Ukraine are analysed. Public-law and private-law aspects of land use for urban planning needs are examined. Expediency of legislative implementation of the conceptual idea in harmonizing interests of all concerned parties in relation to the use of land for urban planning needs is substantiated. Special aspects of the use of land plots for urban planning needs for particular legal titles are defined. Nature of territory zoning and planning is examined and various approaches to the use of these tools in the national laws of the countries across the world are reviewed. Author's vision of eliminating problems in territory planning and zoning according to Ukrainian legislation is formulated.