Legal aspects of spatial planning: foreign experience
DOI:
https://doi.org/10.37772/2518-1718-2024-2(46)-10Keywords:
spatial planning, land use, land protection, land relations, territorial communities, urban development, development of territoriesAbstract
Problem setting. The article analyzes foreign experience in the preparation and implementation of strategic documents. It also summarizes foreign methodologies and practices of strategic development planning in relation to the tasks and conditions that determine the sustainability of the socio-economic development of Ukraine. The main provisions of strategic documents defining guidelines for spatial development in the countries of the European Union and mechanisms for implementing regional policy through the work of regional development agencies in countries with similar natural resource characteristics of the territory (Canada, Australia, Brazil) are considered. The relevance of the study is determined by the need to develop legal and methodological foundations for spatial planning of urban development, which have not been formed in Ukraine. Purpose of the research is to study topical legal issues related to spatial planning in the context of European integration processes. Analysis of recent researches and publications. There are a lot of Ukrainian researchers who study the problems of spatial planning: O. Malokhlib, M. Shulga, A. I. Ripenko, I. Ignatenko, D. Fedchyshyn, and foreign scientists – H. Gemenetsi, L. Riccia. The works of these authors were devoted to the study of topical issues in the field of urban planning. However, there was no analysis of legislative and doctrinal approaches in European countries to the formation of the spatial planning system. The chosen topic of the scientific article currently requires additional research due to the need to intensify European integration processes and concentrate efforts, in particular, by developing appropriate scientific recommendations for improving Ukrainian legislation on spatial planning and studying, analyzing and adapting the best international practices, trends and modern technologies in the field of spatial planning. Article’s main body. The article examines the target functions and content of spatial planning in European countries from the perspective of a system-integrated methodology. A comparison of the latter with urban planning activities in Ukraine is given. The conceptual and terminological apparatus in the field of spatial planning is revealed. The evolution of ideas in the EU about spatial planning is traced. An overview of the main documents on ensuring spatial planning is given. It is concluded that it is necessary to use the experience of spatial planning accumulated in the EU in Ukraine, especially in terms of involving the population in the examination of projects. In this case, the specifics of Ukrainian natural and socio-economic conditions should be taken into account. A study of spatial planning in Ukraine and an assessment of EU best practices suggests that there are significant differences in the prevailing approaches to spatial planning. So, for example, if in European countries there is a rethinking of the role of the state and civil society in spatial planning and urban development, then in Ukraine, when making management decisions on the functional use of territories, the state approach clearly dominates. The study, analysis and adaptation of the world’s best practices, trends and modern technologies in the field of spatial planning are a necessary condition for the effective development of the spatial planning system and the improvement of its methods in Ukraine. Conclusions and prospects for the development. Effective spatial planning and spatial development in modern conditions are gaining relevance both from the standpoint of the need to solve existing problems and to expand Ukraine’s opportunities for European integration. Spatial planning becomes a particularly important aspect in the context of martial law and post-war reconstruction. Martial law and conflicts can lead to serious changes in the structure and functioning of territories, and recovery requires comprehensive and effective spatial planning. Today, it is worth focusing on the experience of European countries, because it reflects a fairly high level of management efficiency, as well as the peculiarities of the development and implementation of strategic measures in the field of state management of urban planning activities. It is thanks to modern plans and programs that it is possible to effectively use resources of all levels and types, ensure the quality of the habitat, preserve cultural heritage and meet the needs of the community.
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