Garat M. Liability for administrative offenses in the field of urban construction planning activity

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100250

Applicant for

Specialization

  • 081 - Право. Право

18-04-2023

Specialized Academic Board

ДФ 26.055.041

State University of Trade and Economics

Essay

The dissertation solves specific scientific and practical task on a set of theoretical provisions formation and practical recommendations aimed at improving the efficiency of administrative liability for offenses in the field of urban construction planning activity. Based on the analysis of modern legal research, the objective state of scientific support of administrative and legal protection in the field of urban construction planning has been revealed. It has been defined that administrative responsibility is an integral part of the system (subsystem) of administrative and legal protection of public relations in urban planning, focused on restoring violated rights and freedoms, protection of legal relations from lawless encroachments and their harmful effects. It is concluded that the effective implementation of the administrative responsibility functions in the field of urban construction planning is possible only in comprehensive cooperation with other means of administrative and legal protection: means of administrative control, means of administrative supervision, and means of prevention, as well as detection and cessation of offenses. In the dissertation the systematic analysis of objective and subjective signs of structures of administrative offenses in the field of urban planning activity is carried out. There also has been underlined the role of establishing the object of such offenses at different levels of generalization: generally social, sectoral (institutional) and specific (unitary). Author's definitions of the concepts of general, generic and direct object of administrative offenses in the field of urban construction planning are formulated. Taking into account the peculiarities of the generic object of the above-mentioned offenses, there it is proposed to clarify the title of Chapter 8 of the Code of Ukraine on Administrative Offenses. As a result of analysis of the objective side of administrative offenses in the field of urban construction planning, it was found out that it reveals their anti-social orientation, public danger, as well as the nature and extent of the damage they cause. In order to identify practical problems of establishing the objective side of administrative offenses in the field of urban construction planning activity, a number of surveys were conducted among authorized subjects of qualification. According to the results of the surveys, the lack of a unified approach to understanding the initial and final moments of construction for the qualification of administrative offenses under Part 1 of the Article 96 of CUoAO. Based on the analysis of the current legislation, it was concluded that the initial moment of construction should be considered the beginning of the preparatory works on the building site, and the final moment is the fact of commissioning of the facility. The problems of establishing the subject of administrative offenses in the field of urban construction planning are highlighted either. A set of legislative proposals has been formulated, which provide for the recognition of legal entities as subjects of administrative offenses, determination of their guilt, as well as the conditions and features of their bringing to administrative responsibility. The subjective aspect of administrative offenses in the field of urban construction planning is analyzed. Based on the generalization of modern theoretical provisions, the author's definition of the concept of "subjective aspect of an administrative offense" is formulated. The list of obligatory and optional signs of administrative offenses in the field of urban construction planning activity is defined. The structure and content of proceedings in cases of administrative offenses in the field of urban construction planning are revealed. In order to minimize procedural errors in cases of administrative offenses in the field of urban construction planning, the feasibility of introducing a series of thematic classes (trainings) with the staff of construction activity supervision units of the State Inspectorate for Architecture and Urban Development of Ukraine and executive bodies on state architectural and construction control is being explained. It is proposed to develop the Instruction on registration of materials on administrative offenses in the field of urban construction planning activity. Legal and organizational principles of imposing penalties for administrative offenses in the field of urban construction planning are analyzed. The shortcomings of the established procedure for imposing penalties for offenses in the field of urban construction planning activities are highlighted, and steps to eliminate them are proposed either. The necessity of revisions on the amounts of administrative fines established by the legislator, provided for offenses in the field of urban construction planning, as well as bringing them into line with the objective level of public insecurity of the corresponding offenses.

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