Legal mechanisms for integrating Ukrainian urban planning legislation into the EU acquis communautaire: problems and harmonization priorities

Abstract

This article provides a detailed analysis of the legal instruments and mechanisms that are essential for the successful integration of Ukrainian urban planning legislation into the European Union's acquis communautaire. The research is based on a thorough comparison of the provisions of the Law of Ukraine No. 3038-VI "On the Regulation of Urban Planning Activities" (dated February 17, 2011, with subsequent amendments) with key EU regulatory acts, namely: Directive 2011/92/EU "On the assessment of the effects of certain public and private projects on the environment", Directive 2001/42/EC "On the assessment of the effects of certain plans and programmes on the environment", and Regulation (EC) No 1082/2006 on a European grouping of territorial cooperation (EGTC).

The study identifies significant shortcomings and discrepancies that impede harmonisation. In particular, there are difficulties in implementing an integrated approach to spatial planning, as current legal acts, despite certain positive developments (such as Article 17 of Law No. 3038-VI, which regulates general plans), do not ensure proper coordination between planning documents at different levels. Insufficient integration of Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) procedures has been identified, manifesting in their fragmented application and the lack of a unified methodological basis, which contradicts the requirements of Directives 2011/92/EU (for projects) and 2001/42/EC (for plans and programmes). A characteristic example of non-compliance is the absence of explicit provisions for considering transboundary impact in Ukrainian EIA procedures. The limited digitalisation of urban planning processes, despite progress in creating the Unified State Electronic System in the Construction Sector, still does not meet the criteria of the INSPIRE Directive 2007/2/EC on the infrastructure for spatial information in the European Community, particularly regarding data interoperability and openness. Another problematic aspect is the insufficient level of public participation in decision-making, as the existing mechanisms (e.g., public hearings provided for in Article 21 of Law No. 3038-VI) are often formal and do not guarantee real influence on the outcome.

Furthermore, institutional challenges are considered, including the low efficiency of coordination between the Ministry for Communities, Territories and Infrastructure Development of Ukraine and the State Inspectorate for Architecture and Urban Planning of Ukraine, as well as with local self-government bodies in the field of spatial development. This leads to discrepancies in law enforcement practices and delays in approval procedures. In this regard, key directions for harmonisation are proposed: the development of a unified comprehensive legislative act that would consolidate and improve the norms of spatial planning and development, taking into account the EU's sustainable development principles. It is also necessary to strengthen environmental standards and fully implement all provisions of Directives 2011/92/EU and 2001/42/EC, including the development of detailed by-laws and methodological guidelines. The implementation of comprehensive digital platforms for urban planning documentation and permit procedures, in accordance with the INSPIRE principles and the "single window" concept, is critically important. It is proposed to expand mandatory forms of public participation, including at the early stages of planning, and to ensure full access to information, as provided for by the Aarhus Convention. The successful implementation of these priorities, provided that an effective compliance monitoring system is established (for example, through annual reports by the Ministry for Communities, Territories and Infrastructure Development of Ukraine), will contribute to sustainable territorial development, increased investment attractiveness of Ukraine, and the assurance of high environmental standards in the context of full-scale European integration.