THE TRANSFORMATION OF THE INSTITUTION OF LAND USE DESIGNATION IN UKRAINE: LEGAL AND PRACTICAL ASPECTS

Abstract

This article examines the transformation of the institution of land use designation, defines its role and place within the land law system, and analyses the legal and practical aspects of its operation. It is noted that Ukraine is gradually making a partial transition from the ‘land use’ model to the ‘functional land use’ (zoning) model, which necessitates a review of doctrinal approaches to understanding this institution. Furthermore, such a transformation requires the adaptation of the category of ‘non-designated use of land’, which exists in legal practice and land law doctrine and, in turn, reflects a breach of the established legal regime governing a land plot. This is of significant importance for the classification of land offences, the determination of types of legal liability, and the assurance of control over the rational use of land. The article also analyses international experience, within which the institutions of zoning and planning serve as equivalents to the institution of land-use designation. This approach entails that territorial planning is carried out first, and only then are the possible uses of individual plots of land determined. This model is better suited to the needs of a market economy, as it promotes the comprehensive development of territories. At the same time, the author expresses the view that a complete abandonment of the ‘land use designation’ model at the present stage is premature. This is because there are currently a number of problems associated with shortcomings in the legal regulation of the mechanism for its implementation. In particular, the author emphasises that the difficulties in the functioning of this institution are caused by insufficient transparency of procedures, excessive bureaucracy, limited financial resources of local authorities, imperfect control and monitoring mechanisms, as well as the presence of corruption risks. This necessitates the improvement of regulatory and legal frameworks, the strengthening of institutional control, and the introduction of anti-corruption safeguards. In view of the above, the approval of comprehensive spatial development plans for territories is of great importance as a spatial planning tool, the effectiveness of which can be assessed based on the results of its practical implementation.