LEGAL REGULATION OF PUBLIC–LEGAL DISPUTES IN A SPHERE OF URBAN PLANING

Introduction. Proper legal regulation of public-law disputes was and remains one of the most pressing issues in this area, since it is the shortcomings of the legal framework that primarily lead to the emergence of disputes between participants in construction legal relations. In addition, the variety of specialized regulatory and legal acts and technical and legal norms fixed at the level of state-sanctioned construction norms, and the complexity of the construction sector as a whole has the consequence of speculation, manipulation of such norms on the part of both the subjects of power and other participants spheres of urban planning and architectural activity at the stage of application of such norms. This generates litigation. Moreover, it leads to the incorrect application by administrative courts during the resolution of public legal disputes of substantive legal norms, the analysis of which is the subject of this publication. It is also necessary to pay special attention to the dynamism of the development of the construction sector and the periodic lagging of legal regulation from actual legal relations, as a result of which the real state of affairs is “legitimized” in court, based on general principles of law. Taking into account the above, it is advisable to analyze the theoretical and legal aspects of legislation in the field of urban planning and architectural activity in order to understand the system of the construction industry as such, as well as to determine the trends and ways of its regulation and improvement in order to prevent and prevent relevant disputes in the future, balancing the interests of participants in disputed legal relations. Purpose. The purpose of the study is to reveal the theoretical and legal aspects of the construction law system as a field, to establish the key problems of the application of substantive law norms that arise during the consideration of legal disputes, according to the categories given in reviews of the judicial practice of the Administrative Court of Cassation as part of the Supreme Court, to identify trends and ways of improving the legislation in order to prevent and prevent relevant disputes in the future, balancing the interests of participants in disputed legal relations. Materials and methods. The research materials are: 1) regulatory and legal support in the field of urban planning; 2) the works of domestic authors conducting their scientific and practical research on the theoretical and legal aspects of the regulation of urban planning and architectural activities, the formation of construction law as an independent field or as a sub-field of administrative law, the distinction between public and civil law relations in this area; 3) judicial practice in resolving disputes in the field of urban planning.