Адміністративне правo і процес
ISSN: 2227-796X (Print), ISSN: 2617-8354 (Online)

Науково-практичний журнал‚ заснований Київським національним університетом імені Тараса Шевченка

 

Bevz O. V. Functional and legal provision of the lands of historical and cultural signifi cance governance in Ukraine

    The article is devoted to the problems of functional and legal provision of the lands of historical and cultural signifi cance governance in Ukraine. Author draws attention to the administration functions that particularly concern the lands of historical and cultural signifi cance — namely, the land planning, the land cadaster, the land management and the state land control. In the article the legislation that regulates the planning of land use and protection, the land cadaster, the land management and the implementation of the state land control is analyzed. The problems that arise from the implementation of these land administration functions and the ways of its solving are also highlighted.

    Author focuses on the fact that protection of historical and architectural heritage is intimately connected with the land planning and city planning arrangements laid down in the general city map, detailed plans and schemes of its center. There are mandatory legislation requirements regarding the need to develop a historical and architectural key plan for the cities and towns included in the Historical Inhabited Places List, however, they are elaborated and approved not for all cities and towns considered historical.

    The land management is claimed to be extremely important for the establishing the legal regime of lands of historical and cultural signifi cance, the implementation of which includes in particular the establishment of the historical and cultural lands boundaries as a type of land management documentation. The results of the research show that the lack of properly issued rights on land causes the legal regime of lands of historical and cultural signifi cance violation.

    The state control over the lands of historical and cultural signifi cance is an important function that causes a lot of problems. Author pays attention to certain drawbacks of Ukrainian legislation regarding the defi nition of executive bodies authorized to control land use and protection of historical and cultural signifi cance. It is suggested to amend the Law of Ukraine «On Protection of Cultural Heritage» with the powers of Ministry of Culture of Ukraine on participation in exercising state control over the use and protection of the land of historical and cultural signifi cance.

    Author came to the conclusion that the problems of the functional and legal provision of the lands of historical and cultural signifi cance governance in Ukraine lead to the violations of the legal regime of lands of historical and cultural signifi cance and, consequently, entail a threat to objects of cultural heritage.

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