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ON THE CLASSIFICATION OF THE PRINCIPLES OF TOWN-PLANNING LAW

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PDF: Author(s): Ryzhenkov A. Ya.,
Number of journal: 3(44) Date: August 2018
Annotation:

The article is devoted to the study of classification of the principles of urban law. The legal principle is the fundamental regulatory provisions reflected in the legal sources (basic ideas, initial principles), which express the content of the law and reflect the existing cause-and-effect social relations. The principles of law exist objectively, and are present in all branches of the Russian law. The authors prove that the principles of urban law as its fundamental principles and basic ideas are the «supporting structure» around which a set of urban legal norms is formed. The need for classification of such principles is due to the fact that it makes it possible to understand and realize the need to improve urban legislation, i.e. take them into account when formulating new, more progressive legal norms from the point of view of the ideal model of regulation of urban relations. Finally, the implementation of such classifications makes it possible to better understand the meaning and importance of the existing norms of the Urban planning code of the Russian Federation of December 29, 2004 No. 190-FZ, and therefore are important for interpretation of the rules of urban law by law enforcement, including the courts. With regard to the goals and objectives of the classification of the principles of urban construction legislation, this classification is advisable to carry out the criterion of the scope of the principles distinguishing sectoral and inter-sectoral principles of the urban law. In addition, it is of practical interest to classify the principles of the town-planning law according to the criterion of the method of legal regulation, as well as the regulatory consolidation (specified in the law and the doctrinal principles that act as a reserve for development of the system of principles of the town-planning law). As the latter, the article proposes the principle of participation in the urban development activities of the self-regulatory organizations in the field of engineering research, architectural and construction design, construction, reconstruction, overhaul of capital construction projects.

Keywords:

principles, ideas, town-planning law, classification, theory of law, systematization, intersectoral, branch, general social, subject.

For citation:

Ryzhenkov A. Ja. On the classification of the principles of town-planning law // Business. Education. Law. 2018. No. 3 (44). P. 282–287. DOI: 10.25683/VOLBI.2018.44.322.