Legal Nature of Urban Planning Monitoring

Abstract

The article examines the legal nature of urban planning monitoring as a means of state regulation of spatial development in public administration. Its features, functional purpose and differences from architectural and construction control are determined. Regulatory approaches to the organization of monitoring are revealed, its role in providing feedback when updating urban planning documentation.

It is established that urban planning monitoring is characterized by the following features: systematicity; information content; complexity; analyticality; territoriality; publicity/openness; obligation; feedback; officiality.

The need to integrate monitoring results with the urban planning cadastre is substantiated when monitoring records, for example, unauthorized development, a change in the intended use of land on a certain site or detects outdated data on engineering networks.

It is proposed to consider urban planning monitoring as a strategic tool for assessing the state and development of the territory, which ensures the validity, systematicity and proactive nature of such control while maintaining a balanced consideration of the interests of participants in urban planning activities, while architectural and construction control is a form of state influence aimed at ensuring the legality and quality of construction of specific objects.

Taking into account the formality of reports, which deprives monitoring of regulatory influence, ways of improving legal regulation are proposed, in particular, amendments to the Law of Ukraine "On Regulation of Urban Planning Activities", the Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for State Architectural and Construction Control" and the Resolution of the Cabinet of Ministers of Ukraine "Some Issues of Implementing a Pilot Project on the Introduction of the Urban Planning Cadastre at the State Level" with appropriate integration into the Unified State Electronic System in the Field of Construction, which will ensure the objectivity of spatial information and the adoption of management decisions in accordance with the principles of good governance.