Current aspects of legal regulation of land use planning

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 2; no. 88; pp. 246 - 252
• Main Authors: Shulga, M. V., Ignatenko, I. V., Malokhlib, O. S.
• Format: Journal Article
• Language: English
• Published: 20.05.2025
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2025.88.2.33

In today’s conditions, the management function in the field of land relations is on the path of renewal. Recently, in connection with the adoption of the Law of Ukraine dated June 17, 2020 “On Amendments to Certain Legislative Acts of Ukraine Regarding Land Use Planning”, the importance of the relevant management function in the field of land relations has been significantly updated. The aforementioned law is the first in the history of domestic land legislation to regulate public relations regarding land use planning. An important result of further legislative changes was the introduction of a comprehensive plan for the spatial development of the territories of the territorial community. This plan, on a digital cartographic basis, defines the main principles and directions of territorial organization, the location of public and residential development facilities, functional zoning, environmental protection and monument protection measures. Spatial planning at the local level today is more relevant than ever for united territorial communities. It is a powerful tool for recovery and economic development in the post-war period. With its help, it is possible to create a holistic picture of the reconstruction of territorial communities, taking as a basis complex inter-sectoral planning decisions, which will include both an assessment of the damage caused by aggression and the cost of rebuilding the territory. However, in Ukraine, unfortunately, no national program for the use, protection and restoration of lands has yet been developed and approved, which would determine the composition and scope of priority and promising measures for the use and protection of lands, as well as the scope and sources of resource support for their implementation. This situation nullifies the requirements, for example, of Article 205 of the Civil Code of Ukraine regarding individual measures for the economic stimulation of the rational use and protection of lands. It is emphasized that in the land sector, the issue of the cartographic basis for the creation of comprehensive plans and the entry of data from the comprehensive plan into the land and urban planning cadastres should be regulated at the legislative level. Finally, it seems important to create a basis that will allow to prevent “manual” and non-public management of lands with corruption risks after the end of the war. Primary land management documentation, according to which each land plot was formed, will play a decisive role in regulating land relations for a long time, for example, in recognizing or denying a person’s rights to a land plot. This is due to the fact that an electronic land cadastre has actually been maintained in Ukraine since 2004, but not all plots have been entered there. Thanks to the Center for the State Land Cadastre, which provides geospatial linking of cadastral images, conditions are created for local government bodies to make certain management decisions. Therefore, the need to digitize archives of land management documentation seems quite obvious. Digitized documentation can be used not only by urban planners and land managers, but also by farmers and local governments.