Legal provision of urban planning: the case of parking lots

Abstract

The legal regulation of measures in the field of state policy aimed at overcoming the problem of providing owners of private cars with a sufficient number of parking spaces for motor vehicles was highlighted. The purpose of the article is to review the cause-and-effect relationships of the existence of the problem of an insufficient number of parking spaces for private motor vehicles in cities and to make proposals for the introduction of measures of legal influence, in particular by administrative and legal means, taking into account the requirements of land legislation aimed at solving the specified problem. The following methods were used: dialectical, hermeneutic, systemic, analysis and synthesis, induction and deduction, formal-legal, etc. It is emphasized that parking places for private motor vehicles are an indispensable component of the cityʼs public buildings. It is noted that the principle of "step accessibility", which is used in Ukrainian cities to ensure law and order, provide administrative services, medical care, etc., should be used during the formation of an extensive network of parking places for private motor vehicles. It was determined that there are no normatively approved, scientifically based methods for calculating the required number of vehicle parking spaces in cities in our country. On this basis, it was concluded that the mentioned fact does not allow to carry out equivalent planning of the development of Ukrainian cities taking into account the specified problem. It is emphasized that it is impossible to overcome the problem of violation of parking rules in cities, in particular by private motor vehicles, especially by applying administrative and legal sanctions. The relevant European experience of legal regulation of vehicle parking is considered. It was emphasized that in Ukrainian realities, the owner of a motor vehicle mostly violates the parking rules due to the lack of places for this. Practical steps aimed at developing a methodology for calculating the required number of vehicle parking spaces for motor vehicles in cities are proposed, in particular holding a competition for the design of a unified functional module of underground parking, with its further regulatory approval. It is emphasized that if there is a developed and legally formalized appropriate methodology in Ukraine, there will be a real possibility of developing public buildings, taking into account the urgent needs of a specific city, namely in parking places for private motor vehicles.