THEORETICAL AND LEGAL ASPECTS OF DEFINING THE ARCHITECTURAL AND CONSTRUCTION SPHERE AS AN OBJECT OF ADMINISTRATIVE AND LEGAL SUPPORT

Abstract

The article is devoted to a comprehensive study of the theoretical and legal aspects of defining the architectural and construction sphere as an object of administrative and legal support. Based on the results of the study, the author argues that, given the transformation processes in the sphere of public administration, in particular under martial law, there is an urgent need to introduce new approaches to the legal regulation of architectural and construction activities aimed at ensuring public interests, the safety of construction objects and improving the quality of the living environment. Taking into account the above conclusions, obtained from the results of the analysis of scientific approaches to understanding the essence of the architectural and construction sphere, the lack of unity in its interpretation within the framework of administrative and legal doctrine has been established. It is emphasized that architectural activity is the basis of this sphere, combining creative, design, scientific and control elements. At the same time, construction provides the material and practical implementation of relevant decisions. It is emphasized that such unity is the basis for the emergence of complex legal relations, which combine both private law and public law principles of regulation. Considerable attention is paid to the study of the conceptual and categorical apparatus on the topic of research. In particular, it is proven that traditional approaches to the identification of the concepts of «construction», «urban planning activity» and «capital construction» do not correspond to the modern conditions for the development of the legal system. An approach is proposed according to which these categories should be considered as interconnected, but independent elements of a single regulatory system, each of which performs a specific function in the process of forming and implementing state policy. It is stated that the administrative and legal support of the architectural and construction sector is a systemic tool for implementing state policy, encompassing a set of legal norms, procedures and management mechanisms aimed at coordinating the activities of entities, ensuring compliance with urban planning requirements, harmonizing public and private interests and forming a safe living environment.