Problems of Observing Constitutional Rights of Eitizens by the Bodies of State Authority and Local Self-government in Urban Planning of Built-up Area Development

The constitutional right of citizens to healthy environment is the fundamental right taken into account when performing the urban planning. However, in the legal science there has developed a narrow understanding of this right as the right to environmental safety and preservation of natural resources. The environment that surrounds a modern person includes not only natural objects, but also the residential areas favorable environment of which is formed on the basis of the developed infrastructure, high level of socio-economic development, compliance with sanitary and building codes, favorable environmental conditions. The development of the built-up area serves the purpose of creating favorable environment in the residential areas. The analysis of legislation and law enforcement practice has revealed the problems in the sphere of observing the constitutional right of citizens to healthy environment during the process of developing built-up areas due to the declarative nature of some regulatory norms of urban planning. Numerous disputes between citizens and bodies of state authority during the process of urban planning prove the lack of any effective mechanism of enforcing their rights. The author attempts to reveal the shortcomings of legal regulation of urban planning in the sphere of built-up areas development and to propose the ways to overcome them.

constitutional rights of citizens, favorable environment, Town Planning Charter, Town Planning Code, urban development, development of built-up area, environment of human settlements, sustainable development of territories, system of urban-planning documents, dilapidated buildings

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