Historical and legal aspects of regulation of the sphere of improvement of human settlements
Journal Title: Правові новели - Year 2017, Vol 3, Issue
Abstract
The article summarizes the information on the genesis of legal regulation of the sphere of improvement of settlements in order to borrow historical experience to improve the relevant sphere in modern Ukraine. It is proved that the beginning of history and legal regulation of the sphere of improvement is due to the formation of urban settlements located near such objects of accomplishment, as places of graves for commemoration of the deceased. And this, in turn, gave impetus to the creation of other objects of improvement – streets, squares, parks, small architectural forms, etc. The historical experience of the development of the area of improvement in the Ukrainian lands at certain stages is traced, features characterized depending on the legal status of the territories: either it is an independent development (the era of Kyivan Rus, the modern period), or a subordinate position (the presence of Ukrainian lands in the composition of other states – Lithuania, Poland, Hungary, Austria-Hungary, Russia, the USSR). It was concluded that the legal regulation of relations in the field of improvement was not systematic. The relevant rules were contained in the general documents of the princely and royal lawmaking (in the era of feudalism), in the reforms of the 60's and 70's of the XIX century Russian empire, general and local acts of the USSR and the Ukrainian SSR. In the modern system of law of Ukraine, an appropriate institute of legislation is being developed that needs to be improved. It was determined that the sphere of improvement is most effectively developed by involving local self-government bodies and self-organization bodies in issues of improvement, as well as in establishing public-private partnership between the state and business. For modern Ukraine, functioning in a market economy and implementing decentralization of public power, such historical experience is valuable for borrowing.
Authors and Affiliations
П. С. Покатаєв
Keywords
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