Сторінка молодого вченого UDC 332.2 CURRENT STATUS AND TRENDS OF GREEN ZONES USE IN KIEV R. Derkulskyi , PhD student* National University of Life and Environmental Sciences of Ukraine E-mail: [email protected] The current state of Kyiv city green areas was analyzed in planning, land management, legal and environmental aspects. This article provides comparison per capita green space provision between Kyiv and European cities. Keywords: land governance, public land management, acquisition, management and disposal of state land, green space provision, green areas, city land cadastre, city-plnning cadastre, state land cadaster, urban forests. The problem formulation correlat- ervation, improving effective mechanisms ed with Willi Zimmermann’s (Germany), for their protection has become a priority opinion,who said that public property of economic and environmental policy. assets (which should include green belts, Cities and urban landscapes research public green space, green areas) are of- has always paid much attention. Green ar- ten mismanaged, and nearly all countries eas researches are especially important for underutilize these resources. The power to modern big cities. This is due to the fact that allocate public land is of great economic these areas are showing significant posi- and political importance in most coun- tive impact on air quality and climatic con- tries, and it is a common focus of corrupt ditions of the urban environment, increase practices. Public land is often treated as its attractiveness, promote biodiversity a “free good”, whereas “good” land in urban landscape, providing favorable con- terms of location, use and service delivery ditions for the rest of the urban population is in fact scarce and valuable. [1]. [2]. It should be noted that an important We want to pay attention on green areas indicator that characterizes green areas in in Ukrainian cities, especially in Kyiv as urban green area is the per capita green the Ukrainian capital and also most urban- space provision. This problems were dis- ized city in our country. Green areas val- cussed in this article. ue is environmentally and economically understated, and the existing legal frame- Recent research and publications work does not guarantee reliable mech- analysis. anisms for full environmental activities conducting in cities. Therefore, we have to V. Andreytseva, V. Brun, O. Glotova, find ways to ensure the green spaces pres- N. Ilnytska, P. Kulinich, O. Pogribnyi, 1 Scientific supervisor - Ph.D., Associate Professor A. Martyn № 4’2016 67 Землеустрій, кадастр і моніторинг земель V. Semchyk, N. Titova, Y. Shemshuchen- land is often treated as a “free good”, ko are ukrainian scientists who concen- whereas “good” land in terms of loca- trated their researches on legislation prob- tion, use and service delivery is in fact lems of public land and land use[3]. scarce and valuable [1]. Biotic components of the urban In accordance with Ukrainian law landscape of green areas research and public lands in cities includes: squares, its optimization devoted many works streets, driveways, roads, embankments, of the Eastern European researchers beaches, parks, squares, boulevards, (Y.Khromov, 1974; V. Kucheryavyi, cemeteries, landfill sites [6]. The list 1984, 1994, 1999; A. Verhunov, 1982; indicated in this article isn’t full, so we A.Belkin, 1987 ; S.Yablokov, 1994; should assume including green areas in O.Laptev AA, 1998). this list. Article purpose is the analysis of Ukrainian law determines that public current state and trends of green areas lands boundary definition it’s preroga- use in the Kyiv city. Comparison per tive of village, town and city councils capita green space provision in Kyiv and minicipal administrations within the and European cities. powers defined by law, and Kyiv and Sev- astopol city municipal administrations The main material. in accordance with plans of “red lines” [7]). Thus the term «red line» is under- Public lands in the cities are lands of stood by a town-planning documentation public ownership (according to V.Ry- regarding geodetic network points as bakov and R.Shyshka’s opinion which boundaries existing and planned streets, in their work, notes that there are two roads, squares, which demarcates the ter- types of ownership: public (state, mu- ritory neighborhoods, districts and other nicipal and property of the people) and purposes territories [3]. private [4, pp. 383-384]. Particular attention should be given to Public property land use, as the A. green areas in the cities, including the cap- Ripenko assumed conflict between the ital – Kyiv and question their current state private interests of the lessee of land and prospects of development. Green (who could be owner of building which spaces area of all kinds in the city on a located on this land) and others who reported basis is 56.5 thousands hectares has guaranteed by the Constitution of or 67.4% of the total area of the city, in- Ukraine [5] general right of land use. cluding 21.6 thousands hectares located Public land accounts for a large por- within the municipal area. According to tion of public wealth of both developed the accepted classification of these plan- and developing countries. Willi Zim- tations are divided by functional grounds mermann’s (Germany), said that public into three main groups: property assets (which should include a) public green area: recreation green belts, public green space, green parks, parks, squares and boulevards, areas)are often mismanaged, and nearly special parks (botanical gardens, the all countries underutilize these resourc- zoo, Museum of Folk Architecture and es. The power to allocate public land is Rural Life, National Complex «Expo- of great economic and political impor- center of Ukraine», Golf Park); tance in most countries, and it is a com- b) green areas of limited use – resi- mon focus of corrupt practices. Public dential area between houses, child cares 68 № 4’2016 Сторінка молодого вченого land use territories, schools, universi- appropriate and often only depend on ties, academic and medical institutions, political grounds. Thus its not a hard enterprises and organizations; to change for a few weeks the Concept c) green areas for special purposes (program) that determines for nearly 10 – sanitary protection zones of indus- years development and preservation of trial enterprises, melioration and shel- green areas in the city. terbelts, greenhouse farms and arbore- Also particular chapter of the Con- tums, corridors utilities, green parts of cept was dedicated to coordination and streets, roads and cemeteries. [8] planning land management projects by We should consider including in structural subdivisions of Kyiv City the legislative field of Ukraine the con- Municipal Administration.In accor- cept of «green lines» as border between dance to this Concept Kyiv City Mu- green spaces (parks, squares, boule- nicipal Administration should to ensure vards, forests, water park, etc.) and the planning and coordination of land urbanized territories, neighborhoods, management projects for the organiza- other public areas. Implementation tion and define of boundaries and usage of this concept and precise regulation of lands of nature reserve and other en- of the use, protection and valuation of vironmental purposes, forests, public these areas could completely change green places and submit them for con- urban planning functions, it could be sideration and approval of the Kyiv city step towards improving environmental council. However, nowadays almost performance and become a part of im- nothing has been done for acquisition plementing the principles of sustainable of ownership by municipal enterpris- development in urban planning and land es “Administration of Green Spaces”. management. Kyiv city council almost has not gave Technically green zones boundar- permits for planning land management ies should be defined in accordance projects, information about green areas with land management projects, which has not included into State Land Ca- should be planned and approved in ac- dastre. There are many motifs of such cordance with the Law of Ukraine «On inaction of local government, including Land Management», the Land Code of corruption issues. Meanwhile, there is Ukraine, the Cabinet of Ministers of another equally important problem or Ukraine decrees etc. However, green even the threat: property owners that zones boundaries wasn’t defined. Cur- have registered ownership of the objects rent situation gives to local authorities located within the green areas, quite le- and officials the opportunity to «man- gally file a relevant petition for permit ual mode» manage of the green zones on planning land management project boundaries, but this is straight way to and in case the city council decision corrupt practices Analyzing Kyiv city (positive or negative) has not been not we should say that the current regulatory published within 30 days, according framework and Concept of green space to «Land Code of Ukraine» property development in the downtown (Kyiv owners can use «tacit consent» right for city council act № 806/3381) does not planning land management projects and solve all problems with the green areas adding land parcel information into the preservation and protection. Concept State Land Cadastre database. The land changes do not always a reasonable and ownership registration could be next № 4’2016 69 Землеустрій, кадастр і моніторинг земель step even without any city council de- most of Forest enterprises, so there is cision (in case of court order). There- not hard to find half legal ways for to fore, the role of the Concept of green acquisition ownership for urban forests space development in the downtown territories, including for target purpos- can be reduced to almost «0». Proper- es, which may have adversely affect to ty (building) owners are able to acquire green spaces surrounding the city of ownership or land lease of land parcels Kyiv city, which play an important role located within the green areas and to use in ecology of human habitats in many this territories not for environmental ac- ways: they filter air, water, sunlight, tivities but for their business interests.