Publication date: 11.06.2024
Legal Regulation of Territory Improvement: Duties and Responsibilities of Local Councils
Introduction
Territory improvement is an important component of local government activities. It affects the quality of life of the community, the environmental condition of settlements and the overall attractiveness of the territory. In this article, we will examine the legal aspects of regulating landscaping in Ukraine, the responsibilities of local councils and their liability for violating the established norms.
Regulatory and legal framework for landscaping
The main legal acts regulating the improvement of territories include:
The Constitution of Ukraine:
- Establishes the general principles of local self-government bodies and their responsibilities to ensure proper living conditions for citizens.
The Law of Ukraine "On Local Self-Government in Ukraine":
- Defines the powers of local councils in the field of landscaping, including the development and approval of local landscaping programs.
The Law of Ukraine "On the Improvement of Settlements":
- Regulates relations in the field of improvement of settlements, establishes requirements for the maintenance and use of improvement facilities, as well as liability for violation of legislation in this area.
The Law of Ukraine "On Architectural Activity":
- Determines requirements for architectural planning and design of amenities.
Code of Ukraine on Administrative Offenses:
- Establishes liability for violation of the rules of landscaping.
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Responsibilities of local councils in the field of landscaping
Local councils have a wide range of responsibilities for ensuring the improvement of territories, in particular:
Development and approval of improvement programs:
- Local councils are developing long-term improvement programs that include measures to maintain cleanliness, landscaping, repair and maintain infrastructure.
Control over compliance with the requirements for landscaping:
- Local governments control compliance with the established norms and rules of landscaping in the respective territory.
Consideration of citizens' appeals:
- Local councils are obliged to consider citizens' appeals and complaints regarding landscaping issues and take measures to resolve them.
Organization and implementation of landscaping works:
- This includes planning and implementation of landscaping, lighting, road and sidewalk repairs, installation of small architectural forms, etc.
Informing the public:
- Local councils should inform citizens about plans and measures for improvement and involve them in relevant activities.
Liability for violation of landscaping rules
Both administrative and criminal liability is provided for violation of the rules of landscaping, among other things:
Administrative liability:
- Articles of the Code of Ukraine on Administrative Offenses provide for fines for violations of landscaping rules, including damage to green spaces, destruction of small architectural forms, littering, etc.
Criminal liability:
- In cases of significant damage or gross violations that have led to serious consequences, the provisions of the Criminal Code of Ukraine may be applied.
