Technology Application of Normative Evidence for Resolving Administrative Disputes Concerning the Operation of Small Architectural Forms and Temporary Structures
Iryna Pyvovar1, Yuriy Pyvovar2, Oksana Kuzmenko3, Viktoriіa Chorna4, Tetiana Matselyk5
1Iryna Pyvovar, Supreme Court, Kyiv, Ukraine.
2Yuriy Pyvovar, Department of Constitutional and Administrative Law, National Aviation University, Kyiv, Ukraine.
3Oksana Kuzmenko, Law Institute, State Higher Educational Institution “Kyiv National Economic University named after Vadym Hetman”, Kyiv, Ukraine.
4Viktoriіa Chorna, Law Institute, State Higher Educational Institution “Kyiv National Economic University named after Vadym Hetman”, Kyiv, Ukraine:
5Tetiana Matselyk, Department of Financial Law, National University of the State Fiscal Service of Ukraine, Irpin, Ukraine.
Manuscript received on 12 August 2019. | Revised Manuscript received on 19 August 2019. | Manuscript published on 30 September 2019. | PP: 5226-5233 | Volume-8 Issue-3 September 2019 | Retrieval Number: C5886098319/2019©BEIESP | DOI: 10.35940/ijrte.C5886.098319
Open Access | Ethics and Policies | Cite | Mendeley | Indexing and Abstracting
© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: Under the conditions of decentralization of power in Ukraine, positive changes in the management of cities in the regions of the country, unfortunately, are accompanied by an increase in the number of disputes between citizens (entrepreneurs) and local self-government bodies regarding the operation of small architectural forms and temporary structures. In settling disputes these disputes, there is an ambiguity in the judicial practice of courts of various instances and the legal position of local authorities, that often leads to an imbalance of private and public interests. The general purpose of this article is the formulation of a normatively grounded position, suitable for use in practical activities of local self-government bodies, state bodies, jurists, lawyers and administrative judges on the issues of functioning of small architectural forms and temporary structures that require resolution in the process of municipal and state administration and while the exercising justice. The methodology of the research was based on the use of normative theory of positive law with the use of mainly logical and semantic, comparative and legal methods, as well as the method of legal modeling and sociological survey. The main results of the study are: the definition of inconsistencies of legal acts and regulatory gaps in the mechanism of legal regulation of relations in the sphere of the functioning of small architectural forms and temporary structures; distinguishing normative features of unauthorized objects of urban development; determined the scope and defined the line of competence of local self-government bodies in rule-making and management in the sphere of the functioning of small architectural forms and temporary structures.
Keywords: Administrative Dispute, Administrative Justice, Competence of Local Self-Government Bodies, Small Architectural Form, Temporary Structure, Urban Development.
Scope of the Article: Recent Trends & Developments in Computer Networks