PROBLEMATIC ISSUES OF ORGANISATIONAL AND LEGAL SUPPORT FOR SPATIAL PLANNING IN UKRAINE UNDER MARTIAL LAW AND PROSPECTS FOR THEIR RESOLUTION

Abstract

The state of organisational and legal support for spatial planning in Ukraine is analysed. Emphasis is placed on the conceptual problem of the uncertainty concerning the role and place of spatial planning, as well as the absence of a definition of the concept of “spatial planning” in national legislation. Despite this, in developed European countries, spatial planning is a distinct field. It is noted that the adoption of a separate Law of Ukraine “On Spatial Planning” could contribute to resolving these issues, which should reflect current global and European approaches in this area and establish relevant terminology.

The updated spatial planning system at the local level has been enshrined in law since July 2021, when the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Land Use Planning” No. 711-IX of June 17, 2020, came into force. It provided for a new spatial planning tool, namely a comprehensive spatial development plan for the community, combining both urban planning documentation and land management documentation at the local level. In accordance with the provisions of Law No. 711-IX and some other normative acts, local self-government bodies were required to develop comprehensive spatial development plans for the territories of territorial communities by January 1, 2025. However, the russian armed invasion of Ukraine, which began on February 24, 2022, has negatively affected various aspects of the life of territorial communities, including the process of preparing comprehensive plans. Given the critical situation concerning the approval of comprehensive spatial development plans, the Parliament postponed the mandatory implementation of comprehensive plans until January 1, 2028. However, despite the adoption of the law on postponement, the task of developing and approving comprehensive spatial development plans remains relevant, as it is an integral part of preparing for rebuilding communities in the post-war period.

A logical conclusion has been made that three main factors can currently contribute to the intensification of spatial planning in communities, which is an important tool for the formation of an integrated economic space for the country as a whole: a) qualified personnel, b) adequate financial support, and c) availability of up-to-date and objective information (local statistics). In addition, the transition to integrated (comprehensive) spatial planning in local communities will create conditions for eliminating the problems of inconsistency in urban planning, land management and strategic documents; contribute to improving the quality and effectiveness of urban planning decisions, which will have a positive impact on ensuring an adequate standard of living and comfort for residents and the successful post-war reconstruction of the country.