Analysis of the legal nature of urban planning documentation as a legal act and the peculiarities of court consideration of cases of this category
On February 14! 2024! the Supreme Court! as part of the panel of Appealing in court judges of the Cassation Administrative Court! administrative proceedings No. K/990/40222/23 (EDRSRU No. 116993486)! investigated the issue of judicial appeal of urban planning documentation as a regulatory legal act of the local Council.
First: According to Article 144 of the Constitution of Ukraine
Local self-government bodies! within the powers defined by law! the best certification for email marketing make decisions that are mandatory for implementation in the relevant territory.
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In accordance with Part One of Article 59 of the Law of Ukraine No. 280/97-VR of May 21! 1997 “On Local Self-Government in Ukraine”! the council! within its powers! adopts regulatory and other acts in the form of decisions.
Article 4 of the CAS defines the terms “normative legal act” and “individual act”:
Regulatory legal act – a management act (decision) of a subject of government due to the special nature of the authority! which establishes! changes! terminates (cancels) general rules regulating similar relations! and which is designed for long-term and repeated application;
individual act – an act (decision) of a subject of public authority! issued (adopted) to perform public administrative functions or in the procedure for providing administrative services! which concerns the rights or atb directory interests of the person or persons specified in the act! and the effect of which is exhausted by its execution or has a specifi term.
Regulatory legal acts include acts adopted by authorized bodies that establish or amend legal norms! are of a general or local nature! are intend for an indefinite range of persons! and are applied repeatedly.
