Юридичний часопис Національної академії внутрішніх справ (Sep 2021)
Administrative and legal status of the state inspectorate for architecture and urban planning in proceedings on administrative offences provided for in Article 96 of the Code of Ukraine on Administrative Offences
Abstract
Having analysed the reform in the field of urban planning, this study aims to investigate the administrative and legal status of the State Inspection of Architecture and Urban Planning in cases of administrative offenses provided for in Article 96 of the Code of Ukraine on Administrative Offenses and the specifics of its powers; to systematize proposals for improving the activities of the State Inspection of Architecture and Urban Planning regarding proceedings, detection of violations and bringing to administrative responsibility under Article 96 of the Code of Ukraine on Administrative Offenses. In accordance with the purpose and specificity of the research subject, a number of methods were used, which include: descriptive, systematic analysis, generalization, comparative method, functional and other methods of scientific knowledge. The scientific originality of the study is due to the fact that the author has for the first time investigated the administrative and legal status of the State Inspection of Architecture and Urban Planning in cases of administrative offenses provided for by Article 96 of the Code of Ukraine on Administrative Offenses. The relevance of improving the activities of not only the divisions of the State Inspection of Architecture and Urban Planning, but also other divisions that implement state policy in the field of construction is substantiated. It is proposed to make changes to the legislation of Ukraine regarding the expansion of the powers of the State Inspectorate of Architecture and Urban Planning in detecting violations and conducting proceedings in the field of construction, and it is also proposed to harmonize the Law of Ukraine “On Regulation of Urban Planning Activities”. Development of activities with the resolution of the Cabinet of Ministers of Ukraine dated December 23, 2020 No. 1340 “Some Issues of the Functioning of Architectural and Construction Control and Supervision Bodies”. On the basis of the conducted study of the administrative and legal status of the State Inspection of Architecture and Urban Planning, a conclusion was formulated, according to which the Law of Ukraine “On Regulation of Urban Planning Activities" dated February 17, 2011 needs to be supplemented, since its content does not reflect the administrative status of the State Inspection of Architecture and Urban Planning as a central of the executive authority, which carries out control and supervision in the field of urban planning
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