Legal aspects of planning the territories of artificially created land plots

Abstract

Problem setting. In the modern world, society’s requests for free territories are becoming more and more relevant. The issue of creating and developing areas on existing land plots or natural objects suitable for placing new buildings or improvement objects remains open. The search for scientifically based author’s approaches to solving the tasks of building an optimal legislative model of legal regulation of artificially created spatial planning objects in the proposed research publication is crowned with conclusions about the need for optimal regulatory consolidation of a clear and transparent procedure for the creation, permitted methods of use, legal regimes and protection of artificially created land plot (territory). Analysis of recent researches and publications. The issue of formation of artificially created land plots remains practically unregulated in the national legislation and is poorly studied in land law and urban planning science. Some aspects of this problem were covered in their scientific works by Ihnatenko I. V., Miroshnychenko A. M., Naida D. I., Nastina O. I., Ripenko A. I., Fedchyshyn D. V., Shulga M. V. and others. Against the background of the need to develop the land sector and adapt Ukrainian legislation to EU legislation, the issue of introducing territory planning for artificially created land plots and taking into account the established world practice is quite relevant. Purpose of the research is to study the peculiarities of legal relations arising in the course of creation of artificial land plots. Article’s main body. In modern conditions, the legal regulation of the creation and use of artificially created land plots (territories) is a chaotic, unsystematic, little-researched direction in Ukrainian legal science, and the proposed study solves the raised theoretical and practical problems. In the article, the author offers his own scientifically based solution to the problems of the lack of a legislative framework and proper legal regulation of this problem. The article is devoted to the legal aspects of planning, creation and use of artificially created land plots in Ukraine. The author compares the state of distribution and use of artificially created lands in foreign countries and in Ukraine, examples of the effective creation of artificial land massifs to meet the needs of new territories for urban development in European and Asian countries are given. Peculiarities of legal regulation of the process of planning, creation and use of artificially created land plots for development in international acts and domestic legislation are considered. The peculiarities of the concepts of “artificial island”, “buildings”, “structures”, “platforms” in international law are analyzed. The article analyzes current legal acts in the field of land relations and urban planning, considers scientific views on the legal regime of the regime of artificially created land parcels, summarizes scientific conclusions regarding legal terminology and legal constructions, formulates proposals for improving the legal regulation of social relations related to creation and use of artificially created spatial objects. Conclusions and prospects for the development. The absence of a definition of the term “artificially created land plot” in domestic legislation was revealed, and the author proposed filling this gap in the legislation and, as a result, proper legal regulation in this area of public relations. According to the results of the generalization of the current Ukrainian legislation, scientific views on the legal nature of artificially created spatial objects, the key stages of their creation and legalization are highlighted. The issue of creating artificial plots of land on a floodplain in the city as an activity related to the development of the settlement was analyzed, and scientific views were confirmed regarding the need to make complex changes to various legislative acts, in particular, to the Land Code of Ukraine, the Law of Ukraine “On Regulation of Urban Development” and the Law of Ukraine “About land management” regarding the legal regulation of creation, permitted methods of use, legal regimes, protection of artificially created land plots. The following should also be developed and adopted: 1) during the design and construction of floodplain areas suitable for life and activity human, ecological standards of impact: on the bottom and water area of a water body; on the land plot of the coastal protective strip and water protection zone; 2) standards of urban planning and quality standards of the territory suitable for human life and activity.