Ryzhenkov A.Ya. On the Principle of Implementing the Urban Development Activities in Compliance with the Technical Regulations Requirements: Theory and Practice
DOI: https://doi.org/10.15688/lc.jvolsu.2018.3.8
Anatoliy Ya. Ryzhenkov, Doctor of Sciences (Jurisprudence), Professor, Department of Civil Law and Process, Kalmyk State University, Pushkina St., 11, 358000 Elista, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction: the article is devoted to the study of one of the urban planning legislation principles, which has a normative and technical character, and is aimed at ensuring the safety of products, construction processes and a number of other vital spheres of the state and society life. Since the principles of law express the basic ideas that determine the development vector of one or more branches of law, their research is of great theoretical and practical interest, allowing a better understanding of the existing legal regularities, the legislator’s logic, and sometimes the prospects for further development of a certain branch of law. The purpose of the study is to identify the features of the mechanism of implementing the principle of the urban development activities in compliance with the technical regulations requirements, including doctrinal, law-making and law enforcement aspects of the problem. The methods of scientific knowledge are applied in the aggregate among which the main are the methods of induction, deduction, analysis and the comparative method. Results: the mechanism of implementation of this principle, some shortcomings of the legal technique, the legal nature of the technical norms and principles of law, proposals to improve the formulation of this principle and the mechanism of its implementation are discovered. Conclusions: the study suggests that the principle of the urban planning legislation is not declarative, and is aimed at ensuring the safety requirements in the course of planning and developing urban districts and settlements. It seems reasonable to return to the Town Planning Code of the Russian Federation the rule on the need to take into account the requirements of the technical regulations at the stage of territorial planning (with the preservation of such requirements at other levels of the urban regulation).
Key words: town planning activity, town planning regulations, technical regulations, principle, court, exercise of right, settlement, city district.
Citation. Ryzhenkov A.Ya. On the Principle of Implementing the Urban Development Activities in Compliance with the Technical Regulations Requirements: Theory and Practice. Legal Concept, 2018, vol. 17, no. 3, pp. 54-62. DOI: https://doi.org/10.15688/lc.jvolsu.2018.3.8
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