Administrative and legal regulation of the operation of temporary structures for business activities
Students Name: Sahan Maksym Oleksandrovych
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: full
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Sahan M.O., Ostapenko O.I. (supervisor). Administrative and legal regulation of the functioning of temporary structures for business activities (the topic of the master’s thesis). Master’s thesis. - Lviv Polytechnic National University, Lviv, 2020. In the cities of Ukraine there is a large number of cases of illegal construction of temporary structures for business activities, which is a significant public danger [1, p. 5]. To use the old terminology, the study refers to the activities of small architectural forms (LAPs) and social and legal relations that arise, although according to the law, the term "small architectural form" in content does not correspond to the context in which it is commonly used [2]. In the understanding of current legislation, a temporary structure for business activities is a structure of commercial, social or other purposes in which economic activity is carried out [3]. The lack of a single mechanism of public law regulation of placement of temporary structures, which is based on legally regulated norms and does not contradict them, leads to legal conflicts that cause violations of architectural, construction, fire, sanitation and other norms, requirements for proper product quality and protection environment, placement of these structures in sanitary areas, near utilities and communications or directly above them, in green areas of cities, etc. [4, p. 6]. In addition, these legal conflicts encourage ambiguous interpretation of the law by entities that issue permits for the placement of temporary structures and establish their mode of operation, as well as - the courts, in public law disputes arising between economic entities and regulatory entities. . This leads to a large number of cases of both illegal installation of temporary structures, which causes their excessive concentration in the urban space, and illegal dismantling, which violates the rights of entrepreneurs [4]. Thus, the importance of administrative and legal regulation of temporary buildings for business in Ukraine is difficult to overestimate, which determines the relevance of the chosen topic and the need for in-depth scientific analysis of the legal status, types of temporary buildings for business, requirements for their establishment and permitting procedures. for placement and dismantling of temporary structures both in the cities of Ukraine and in the countries of the European Union and development on this basis of recommendations and proposals for improving the legislation governing these procedures [5, p. 223]. The object of the study is the social and legal relations relating to the operation of temporary structures for business activities and its social and legal consequences. The subject of the study is the features of legal regulation of temporary structures for business activities. The purpose of the study is to conduct a comprehensive analysis of the nature of temporary structures for business activities, regulations governing their location and operation, to identify issues affecting the effectiveness of regulation of this industry and identify a set of organizational and regulatory measures to be implemented for sustainable development specified industry. The result of the study should be a detailed analysis of the content of the concept of "temporary structure for business activities", their typology, permitting procedure prior to the placement and operation of temporary structures, as well as a set of measures to improve and unify regulations governing the operation of temporary structures . The study will conduct a comparative analysis of regulations of local governments, analyze their compliance with current legislation, as well as analysis of social and legal consequences that cause these regulations. In addition, the definition and comprehensive assessment of regulatory approaches used by public authorities in this segment of public relations will be provided. Structure of the work: introduction, three sections, conclusions, list of sources used. Keywords: complex layout, temporary structures for business activities, improvement of settlements, administrative services, passport of temporary structure. List of used literature sources. 1. About regulation of town-planning activity: the Law of Ukraine from February 17, 2011 - [Electronic resource] / Access mode: http://zakon3.rada.gov.ua/laws/show/3038-17. 2. Grishchenko AS. Administrative and legal regulation of placement of small architectural forms in Ukraine and EU countries: Scientific Bulletin of Zaporizhia National University - P.223 – 250. 3. Kharitonov EA, Kharitonova OI, Kharitonova TE. Small architectural forms and temporary structures: to the problem of legal regulation: Scientific Bulletin of Kyiv National University of Construction and Architecture - P. 14-18. 4. On the improvement of settlements: Law of Ukraine of September 6, 2005 - [Electronic resource] / Access mode: http://zakon5.rada.gov.ua/laws/show/2807-155. 5. Small and medium business in Georgia, Ukraine, Poland [Electronic resource]. // "Civil Corps". - Access mode: http://gkorpus.org/mafi-v-ukrajini/680-malij-ta-serednij-biznes-v-gruziji-ukrajini-polshchi.