Current status and perspectives of development Ukrainian legislation on the use and disposal of land within the united territorial communities

Abstract

The article is devoted to the analysis of the Ukrainian legislation on the use and disposal of land within the united territorial communities. It is determined that one of the main directions of reforming local self-government and decentralization of authority is the creation of united territorial communities with the right to dispose of land parcels within their territory.

A critical analysis of laws and secondary legislation which determine the mechanism of transfer of land to the ownership of the united territorial communities and the expansion of the powers of local governments in the field of land relations was conducted.

The article focuses attention on modern problems of legal regulation of integrated land use planning in the territory of newly created united territorial communities which are caused by conflicts between the norms of the Land Code of Ukraine and the Law of Ukraine "About Regulation of Urban Development". The Comprehensive plan of spatial development of the territories of the territorial community is analyzed. It is concluded that the essence of such type of spatial documentation is adoption for all territory of united territorial community (within and outside of human settlement territory); combines the features of urban planning documentation at the local level and land management documentation, because such a document can be the formation of municipal ownership land plots with the simultaneous entry of information about them in the State Land Cadastre. Taking into account high price of development of land management documentation and lack of money in the united territorial communities it is proposed to provide at the legislative level possibility of providing money from the state budget on a credit basis for the developing of such documentation.