Теорія і практика правознавства (Mar 2016)
Some legal aspects of complex development of underground space of megapolis
Abstract
Analysis of current legislation and jurisprudence practice shows that the use of underground space of cities creates a significant number of problems. In this article, we try to describe most typical of them. Recent research and publications analysis. The choice of the article's subject defined by importance of problems raised in it, some aspects of which are submitted in works members of land law study as P.F. Kulinich, R.I. Marusenko, A.M. Miroshnichenko A.I. Ripenko, N.V. Shulga and others. Paper objective. The article's subject is studying of a number of law issues for complex development of underground space. Paper main body. Today is a time to solve problems in the field of city development, we should refuse old forms of thinking and switch to the reasonable limits of vertical zoning, by increasing the permissible storeys, on the basis of deepspace organization of the whole system objects of development as the organic whole, which consists housing and all necessary social, industrial and engineering infrastructure, created in the underground level. Vertical zoning should be included in the zoning plans. It should be noted that in zoning plans must consider typology and characteristics of underground structures through the adoption of urban planning regulations. Except making changes in the zoning plans provisions about underground development, should also adopt plenty of standart acts or making additions to existing ones for underground construction. Since the law allows to decide the simultaneous operation of aboveground and underground parts of the land area, but only "to a certain extent", without giving specific and exhaustive answers to all questions that arise in this regard. There is also need to develop engineering-geological mapping of urban underground space that will allow to evaluate the possibility of a secure building in a particular location objects of underground space and significantly reduce the length of the stage frills building cycle. Underground spaces with objects placed on them are not subjects to registration as land and can not be displayed in the cadastral system. Thus, revealed itself the need to use some 3D features in existing cadastral system. The first step for introduction of this system are alreadey maded, in particular, introduced by the State Land Cadastre and the State registry, the next step will be introduction of accounting and registration of realty objects in three dimensions. Conclusions of the research. In Ukraine there are several problems that holds complex development of underground space. First of all, it is a complete lack of fundamental documents defining prospects in elaboration of underground construction. A lot of problems are in the technical regulation: there is no regulation requirements for construction of large number of objects just because earlier in Ukraine there were not built at all. In addition, there are no legislative acts regulating investment in the construction of underground structures, allocation of plots, obtaining ownership of the facility and more.
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