Objects of regional importance
"... 19) objects of regional significance - objects of capital construction, other objects, territories that are necessary for the exercise of powers on issues related to the jurisdiction of a constituent entity of the Russian Federation, public authorities of a constituent entity of the Russian Federation by the Constitution of the Russian Federation, federal constitutional laws, federal laws , the constitution (charter) of the constituent entity of the Russian Federation, the laws of the constituent entity of the Russian Federation, decisions of the highest executive body of state power of the constituent entity of the Russian Federation, and have an impact on the socio-economic development of the constituent entity of the Russian Federation. subject to display on the scheme of territorial planning of the subject of the Russian Federation, are determined by the law of the subject of the Russian Federation; ... "
Source:
"Urban Planning Code of the Russian Federation" dated December 29, 2004 N 190-FZ (as amended on November 12, 2012)
Official terminology. Akademik.ru. 2012 .
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Introduction to the topic
The Committee on Territorial Administration and Urban Development of the GIS Association asked the experts to answer the problematic issues related to the definition of lists of types of objects of regional and local significance.
The problem arose after the adoption of Law No. 41-FZ, which amended the Town Planning Code of the Russian Federation (hereinafter referred to as the RF CPC), which largely changed the composition and content of territorial planning documents. At present, in various regions of Russia, the principles and criteria for classifying urban planning objects as objects of regional and local significance are understood ambiguously.
Law No. 41-FZ established new standards for the placement of urban planning objects on territorial planning maps.
Firstly, the range of objects has been expanded and not only OKS, but also territories of federal, regional and local significance are placed on the territorial planning maps.
Secondly, the types of objects must be established by the relevant state authority (hereinafter referred to as the OGV), and not independently determined by the designer based on his understanding.
Thirdly, the types of objects of regional and local significance should be established by one OGV of a subject of the Russian
Federation (SRF), which will ensure the continuity of regional and municipal policies.
Please note that the types of objects of federal significance are established by the relevant federal authorities and are not the subject of our discussion.
Discussion questions
1) Based on what principles and conditions should the lists of types of objects of regional and local significance be determined?
2) Should the types of objects being established correspond to two criteria at the same time - be necessary for the exercise of powers (OGV SRF or LSG) and have a significant impact on the socio-economic development of the territory? And how to determine the necessity and materiality?
3) Do you think it is correct to classify sites for investment development in order to develop large, medium and small businesses, as well as those intended for housing construction, as objects of regional significance?
Participants of the discussion:
- IN AND. Popov (Department of Architecture and Urban Planning of the Kaluga Region, Kaluga);
– Yu.A. Perelygin (Lengiprogor Institute, St. Petersburg);
- CM. Novokshonov (mayor's office of Novosibirsk);
– S.D. Mityagin (NIIPG Urban Construction, St. Petersburg);
– D.V. Shinkevich (Institute of Territorial Planning "Grad", Omsk);
- P.N. Nikonov ("Petersburg NIPIgrad", St. Petersburg).
A.N. Beregovskikh:
Perhaps we are asking strange questions, the answers to which are obvious. How can one doubt the role and place of objects of state and municipal importance in the system of Russian territorial planning, day by day engaged in territorial planning on orders from state authorities and local self-government?
The universal role of territorial planning can be defined simply and clearly. We must plan the development of the territory in such a way that, taking into account all the possibilities and limitations, create the most comfortable environment for people's lives, create conditions for the constant improvement of the quality of life of people.
The quality of life is determined by three parameters: the state of the environment, personal safety and satisfaction of the population with the quality of life.
The main thesis, revealing the goals of the state policy, declares that the country's socio-economic development strategy is aimed at improving the quality of life of the population by reducing poverty and increasing the human development index.
From the standpoint of strategic planning for the development of the territory, the quality of life can be improved by creating conditions for the development of factors that ensure the effective functioning of human potential.
The strategy of modern development involves an innovative path, which is based on innovation, investment, development of infrastructure and intelligence. The principle of four "I" corresponds to the model of N. Kondratiev, which ensures the coordination of two main economic processes - growth and decline. It is known to be based on the cycle of "innovation-investment".
Recently, the most commonly used aggregate international indicator of the quality of life of the population is the Human Development Index (HDI). It characterizes three important aspects:
- longevity and health, which are measured by the indicators "life expectancy" and "provision with doctors per 10,000 population";
– educational and professional growth (calculated on the basis of three indicators: the level of employment, the proportion of the unemployed with higher education, the number of students in vocational schools of all types per 10,000 population);
- the level of well-being, characterized by the ratio of average per capita cash income to the subsistence minimum and the provision of housing.
Hence, the conclusion is that territorial planning should ensure the safety of the environment, create conditions for the placement of worthy places for the application of labor, ensuring the realization of human (civil!) potential and enabling people to earn a happy life on their own, including paying taxes to the state, which, in turn, provides all the necessary social benefits and protection of its citizens.
This position is fully consistent with the Constitution of the Russian Federation, which guarantees its citizens the right to a favorable environment for life. Life activity includes not only birth, education and treatment until death. Life activity is also work, and entertainment, and housing.
 Novokshonov S.M. |
Why is our legislation developing so slowly, so carefully and timidly? The key definitions of the Urban Planning Code of the Russian Federation include the definition of "parking". The same concern is added to the powers of local government. We are struggling with trouble - traffic jams and holes on the roads ... When will we take care of the main roads - the strategic directions of the country's development? When will meanings become decisive?
Here are the well-known terms and definitions of the Town Planning Code of the Russian Federation:
- "territorial planning - planning the development of territories, including for the establishment of functional zones, the determination of the planned placement of objects of federal significance, objects of regional significance, objects of local significance;
- functional zones - zones for which the boundaries and functional purpose are defined by territorial planning documents.
That is, "territorial planning" to establish zones, and zones to determine their purpose. We often criticize the law on the cadastre, which has not set the goals of the cadastre, and therefore, in our opinion, such a disaster with the cadastre is still in progress. It is likely that territorial planning for planning is not recognized by the country, regions and municipalities as an important and necessary matter due to the uncertainty of its goals.
Let's make an attempt to get to the essence of territorial planning through its content. Three categories of objects are subject to approval as part of the master plan: the boundaries of settlements; functional areas; objects of federal, regional and local significance. Reasoning about the meanings of objects of federal significance is deliberately omitted in order to focus on the problem.
Necessity and materiality of objects of regional and local importance.
The main issue in determining the types of objects that are significant for territorial planning is to reveal the essence of the need for objects for the implementation of state and municipal powers and the significance of their impact on the socio-economic development of regions and municipalities.
So, how to determine the necessity and importance of objects in terms of the development of territories? Let us conduct a study of the essence of the issue on the example of an urban district.
 Mityagin S.D. |
Article 16 of the Law of October 6, 2003 No. 131-FZ “On the General Principles of Organization of Local Self-Government” defines issues of local importance of the urban district, which include, among others:
“4) organization within the boundaries of the urban district of electricity, heat, gas and water supply to the population, water disposal, supply of fuel to the population;
5) road activities in relation to local roads within the boundaries of the urban district and ensuring road safety on them, including the creation and maintenance of parking lots (parking spaces), the implementation of municipal control over the safety of local roads within the boundaries of the urban district;
6) providing low-income citizens living in the city district and in need of better housing conditions with living quarters in accordance with housing legislation, organizing the construction and maintenance of municipal housing stock, creating conditions for housing construction;
7) creation of conditions for the provision of transport services to the population and the organization of transport services for the population within the boundaries of the urban district;
8) participation in the prevention and liquidation of the consequences of emergency situations within the boundaries of the urban district;
9) organizing the protection of public order on the territory of the city district by the municipal police;
10) ensuring primary fire safety measures within the boundaries of the urban district;
11) organization of measures for environmental protection within the boundaries of the urban district;
13) organization of the provision of public and free primary general, basic general, secondary (complete) general education in basic general education programs, with the exception of the powers to financially support the educational process, attributed to the powers of state authorities of the constituent entities of the Russian Federation; organization of the provision of additional education to children (with the exception of the provision of additional education to children in institutions of regional significance) and public free preschool education in the city district, as well as the organization of recreation for children during vacation time;
14) organizing the provision of primary health care in the territory of the city district in outpatient, inpatient and outpatient and hospital facilities, emergency medical care (with the exception of sanitary aviation), medical care for women during pregnancy, during and after childbirth;
15) creation of conditions for providing residents of the urban district with communication services, public catering, trade and consumer services;
16) organization of library services for the population, acquisition and preservation of the library funds of the libraries of the city district;
17) creation of conditions for organizing leisure activities and providing residents of the urban district with the services of cultural organizations;
17.1) creation of conditions for the development of local traditional folk art, participation in the preservation, revival and development of folk art crafts in the city district;
18) preservation, use and promotion of cultural heritage objects (monuments of history and culture) owned by the city district, protection of cultural heritage objects (monuments of history and culture) of local (municipal) significance located on the territory of the city district;
19) provision of conditions for the development of physical culture and mass sports on the territory of the urban district, organization of official sports and recreational and sports events of the urban district;
20) creation of conditions for mass recreation of residents of the urban district and organization of arrangement of places for mass recreation of the population;
22) formation and maintenance of the municipal archive;
23) organization of ritual services and maintenance of burial places;
24) organization of collection, removal, disposal and processing of household and industrial waste;
25) organization of improvement and gardening of the territory of the urban district, use, protection, protection, reproduction of urban forests, forests of specially protected natural areas located within the boundaries of the urban district;
26) approval of master plans for the urban district, land use and development rules, approval of territory planning documentation prepared on the basis of the master plans of the urban district, issuance of building permits (with the exception of cases provided for by the Town Planning Code of the Russian Federation, other federal laws), permits for the commissioning of facilities into operation during the implementation of municipal construction, reconstruction of capital construction facilities located on the territory of the urban district, approval of local standards for urban planning of the urban district, maintenance of an information system for ensuring urban planning activities carried out on the territory of the urban district, land reservation and withdrawal, including by way of redemption, land plots within the boundaries of the urban district for municipal needs, land control over the use of urban district lands;
26.1) issuance of permits for the installation of advertising structures on the territory of the urban district, the annulment of such permits, the issuance of instructions for the dismantling of unauthorized newly installed advertising structures on the territory of the urban district;
27) assigning names to streets, squares and other areas of residence of citizens in the urban district, establishing the numbering of houses, organizing street lighting and installing signs with street names and house numbers;
28) organization and implementation of measures for civil defense, protection of the population and the territory of the urban district from natural and man-made emergencies, including support in a state of constant readiness for the use of public warning systems about danger, civil defense facilities, the creation and maintenance of reserves for civil defense material and technical, food, medical and other means;
29) creation, maintenance and organization of the activities of emergency rescue services and (or) emergency rescue teams on the territory of the urban district;
30) creation, development and protection of health-improving areas and resorts of local importance on the territory of the city district, as well as the implementation of municipal control in the field of use and protection of specially protected natural areas of local importance;
32) implementation of measures to ensure the safety of people at water bodies, the protection of their life and health;
33) creating conditions for expanding the market for agricultural products, raw materials and food, promoting the development of small and medium-sized businesses, providing support to socially oriented non-profit organizations, charitable activities and volunteering;
34) organization and implementation of activities to work with children and youth in the urban district;
36) exercising, within the limits established by the water legislation of the Russian Federation, the powers of the owner of water bodies, establishing rules for the use of public water bodies for personal and domestic needs and informing the population about restrictions on the use of such water bodies, including ensuring free access of citizens to public water bodies and their coastlines;
38) implementation of municipal forest control;
40) exercising municipal control on the territory of a special economic zone;
41) ensuring the performance of work necessary to create artificial land plots for the needs of the urban district, holding an open auction for the right to conclude an agreement on the creation of an artificial land plot in accordance with federal law.
 D.V. Shinkevich |
We draw attention to the 33rd authority: “creating conditions for expanding the market for agricultural products, raw materials and food, promoting the development of small and medium-sized businesses, providing support to socially oriented non-profit organizations, charitable activities and volunteering.” And why are the conditions important only for the development of the market for agricultural products? Everyone knows that man does not live by bread alone!
We recall another opportunity to realize through territorial planning the whole complex of tasks of spatial organization. The innovations of the Town Planning Code of the Russian Federation have established a connection between territorial planning and documents of socio-economic development.
Quote: “The preparation of territorial planning documents is carried out on the basis of strategies (programs) for the development of individual sectors of the economy, priority national projects, interstate programs, programs for the socio-economic development of the constituent entities of the Russian Federation, plans and programs for the integrated socio-economic development of municipalities (if any) taking into account the programs adopted in the prescribed manner and implemented at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, decisions of state authorities, local governments, other main managers of the funds of the relevant budgets, providing for the creation of objects of federal significance, objects of regional significance, objects of local importance, investment programs of subjects of natural monopolies, organizations of the communal complex and information contained in the federal state information system of the territorial th planning.
In the new formulation, there was also no place for the development of the production sector, which alone can hold a modern city. In the Soviet period, the master plans of cities also did not design industrial areas, they were separated by a massive border line from residential areas. Production areas were carefully planned by special institutes.
Modern legislation has established a requirement for integrated territorial planning of cities, districts, regions. Creation of conditions for business development is a state task.
Offers:
1. The types of objects of regional and local significance at the level of regional legislation must include territories (investment sites) for the development of production areas, indicating possible directions in accordance with the classifier of types of economic activity.
 Nikonov P.V. |
2. As part of the materials for the substantiation of territorial planning documents, it is necessary to provide for an assessment of the potentials of the territory to substantiate the effectiveness of the development of specific areas of production activity.
3. The approved part of the territorial planning documents must contain maps of the harmonized location of objects (territories and capital construction projects) that improve the quality of life of the population and increase the human development index.
IN AND. Popov:
This issue is set out in great detail in the opinion of A.N. Beregovskikh, so I will add only a few points from myself and talk about how we are trying to solve this problem in the Kaluga region.
At the beginning of the development of master plans for settlements, we prepared methodological materials and conducted training seminars with employees of local self-government bodies (LSGs), at which we dwelled in great detail on the problem of objects of local importance (LMPs). Our approach is similar to that of A.N. Beregovskikh. We are guided by the Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of Organizing Local Self-Government in the Russian Federation”, which describes in great detail issues of local importance, both for settlements and urban districts. According to these local issues, we compile a list of OMZs.
I would like to add to this that I am constantly updating these lists, as new laws are being approved. The last example is the law of July 1, 2011 No. 170-FZ "On the technical inspection of vehicles ...". Moreover, he does not directly indicate the powers of local self-governments, but refers to the powers of state authorities of the SRF in the field of technical inspection (clause 2 of article 9) “approval of the standards for the minimum provision of the population with technical inspection points for the constituent entities of the Russian Federation and for their constituent municipalities” . Thus, the legislator indirectly obliges local self-governments to ensure (plan) the placement of points for the technical inspection of vehicles when developing territorial planning documents.
I will add one more remark on the law No. 131-FZ, paragraph 9 of Art. 14: "Ensuring primary fire safety measures within the boundaries of settlements". In accordance with Art. 65-68 of the Law of July 22, 2008 No. 123-FZ "Technical Regulations on Fire Safety Requirements" "in the territories of settlements and urban districts, such objects of local importance as sources of external fire-fighting water supply should be located." In addition, the master plan should determine the location of fire stations within the transport accessibility of fire trucks, which, although they are not OMZ, should be displayed in the master plan.
Attention should be paid to the difference between the concepts of "organization" and "creation of conditions" in Law No. 131-FZ. In the first case, we are talking about objects that are or will be municipal property after the commissioning of capital construction facilities (ACS), and in the second - about planning, reserving land plots in master plans for the placement of CACs, which will be located after commissioning. in federal, regional, private and other types of property.
Now about the questions that the organizers would like to receive answers to.
Answer to the second question
Perhaps it is rhetorical, since all the objects necessary for the exercise of powers, one way or another, have an impact on socio-economic development (SED). A fire will bring costs and losses, while healthcare facilities, education, and culture will shape the spiritual life of a person and ensure the quality of life, without which SER is impossible, etc.
Answer to the third question
My opinion is clear. These objects should be attributed to the powers of the OGV, LSG, to objects of regional and local significance. We have repeatedly submitted proposals for amendments and additions to Law No. 131-FZ and Law No. 184-FZ of October 6, 1999 “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation”, but, unfortunately, on they are ignored.
There is one very weak justification for industrial facilities. There is a law dated February 25, 1999 No. 39-FZ "On investment activities in the Russian Federation, carried out in the form of capital investments." So in Art. 19 of this law says:
“Regulation by local governments of investment activities carried out in the form of capital investments provides for:
1) creation in municipalities of favorable conditions for the development of investment activities carried out in the form of capital investments, by ...
2) direct participation of local governments in investment activities carried out in the form of capital investments, by ... "
But when making changes and additions to the law of the Kaluga region "On urban planning activities in the Kaluga region", our Legal Department under the Governor of the Kaluga region did not accept my arguments and proposals for classifying the specified industrial building construction and housing building construction as types of objects of regional and local significance. Therefore, it is necessary to continue work on the inclusion in the powers and in the list of objects of regional and local significance of these types of activities at the federal level.
It's a shame that in recent years it was the Kaluga region that has achieved success in organizing technology parks and attracting investments in the regional economy (creating automobile plants, manufacturing medicines, etc.)! And from a legal point of view, we have no justification for this work.
In conclusion, I want to add that in the list of types of objects of regional and local significance, which we approved by the law of the Kaluga Region "On Urban Development", we managed to include such types of objects as "other objects of regional (local) significance in accordance with federal legislation (urban planning ensembles, cultural heritage sites, specially protected natural areas, natural landscapes and other objects provided for by law)”. This is our small victory on this front - that is, not only OKS, but also territories can be objects of regional or local significance.
Yu.A. Perelygin:
Any projective activity - forecasting, designing, planning - cannot be precisely regulated in the language of law or legal norms. It is subject to the logical norms of thought and language. That is why it is pointless to try, on the basis of the two "criteria" of the Civil Code of the Russian Federation, to determine what is the regional or local ACS.
Urban planning (design) has always been and is still focused on engineering knowledge and proceeds from it when designing certain future objects - whether it is an OKS, a territory or a zone.
The production of knowledge is also production. The production of services is also production! Apparently, we are talking about the industrial production of something material, in the language of the Soviet economy - this is the production of groups A and B.
In this sense, nothing prevents us from planning industrial zones or territories for the development of industries on the basis of programs or strategies for the development of certain municipalities, which is what we do in general plans and territorial planning schemes.
It is obvious that in the laws of the constituent entities of the Russian Federation "On the types of activities" that must be reflected in an accident, it will be necessary, if possible, to fully reflect the production direction. However, I have not come across any such law yet. Therefore, I do not understand what is the relevance of the proposals?
CM. Novokshonov:
Federal Law No. 41-FZ of March 20, 2011 introduced new concepts - "objects of federal significance", "objects of regional significance", "objects of local significance". Their description in Art. 1 pp. 18-20 allows a free interpretation of the belonging of any object to a given concept. I believe that with the currently absent system of classifiers of the OKS, linear objects, special economic zones, specially protected natural areas of federal, regional, local significance, territories of cultural heritage sites and other elements of urban planning, the introduction of these changes into the CRC of the Russian Federation solves specific momentary tasks of the executive authorities. The lack of consistency in the conceptual apparatus slows down a lot of processes related to the economic and social development of the country. This is taxation, land relations, infrastructural development of territories - everything that in total should determine the quality of life of the population. Without quality parameters, any design is irrelevant and unregulated in terms of requirements for a professionally executed product.
Claims to the professionalism of lawyers preparing fundamental legislative acts are based on the absence of a formal basic logic of the document and redirection in the interpretation of the unsaid to the ministries of the federal and regional levels. This already postpones the effect of innovations indefinitely, since the federal law does not set a time frame. It is not clear how to substantiate the thesis "significant impact on socio-economic development". The planning process again depends on the ideas of certain "responsible" officials, and the fate of the designers is to become "draughtsmen", since the evidence base of project proposals has not appeared in their arsenal. You will not envy officials either, because there is no way to explain the definition of product quality from designers to supervisory authorities. Another vicious circle, only with more extended boundaries than the one that existed before.
S.D. Mityagin:
Answer to the first question
The composition of the objects displayed in the documents of the TP of the SRF and municipalities is established by the highest OGV of the SRF and the heads of local self-government in accordance with their powers, rights and obligations arising from the tasks of these governing bodies to implement the constitutional rights of the population of the Russian Federation to favorable living conditions. Therefore, the tasks of organizing employment of the population, rational environmental management, housing security, social, cultural and other types of services and engineering support, organizing transport systems and communication systems in the territories under their jurisdiction, organizing leisure activities for the population, protecting and restoring the environment are within the competence of the authorities both regional and municipal governments. Consequently, a quantitative assessment of the state of the urban planning system, the quality of the environment and the favorable conditions for the socio-economic development of subordinate territories must inevitably be present as substantiation materials in the TP documents of these territories at all levels of administrative structure.
Answer to the second question
Since the main task of all levels of state power and local self-government is to ensure favorable conditions for the life of the population and the constant improvement of its well-being, educational and cultural level, health care and protection of motherhood and childhood, that is, everything that is included in the concept of socio-economic development of the territory and is in the area of responsibility of the governing bodies, then any objects related to the field of urban planning are both essential and necessary. We can only talk about the priorities of creating certain objects. Proposals on the composition of objects should be substantiated in strategic materials for the socio-economic development of subordinate territories and rational distribution in the TP documents.
Answer to the third question
Since the authorities of state authorities and local self-government include the creation of conditions for the investment development of subordinate territories, the TP documents of all levels should reflect areas intended for investment development of any type and purpose.
Obviously, all facilities that can be placed on these sites will certainly have a positive, and sometimes negative impact on the socio-economic development of these territories. Therefore, the choice of objects and the assessment of the consequences of their creation is an important task of strategic and territorial planning.
The dimensions and other conditions for the allocation of investment sites (including for housing construction) are determined based on a comprehensive assessment of the territory in terms of its suitability for various types of activities and the needs of the socio-economic development of the territory.
The approval of the investment development sites identified in the TP documents and the engineering and transport infrastructure facilities associated with them simultaneously forms the investment passport of the territory as an important, but by-product of urban development.
D.V. Shinkevich
Federal Law No. 41-FZ of March 20, 2011 “On Amending the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation Regarding Territorial Planning Issues” introduced the concepts of “objects of regional significance” and “objects of local significance” into the legislation of the Russian Federation.
The types of objects of regional and local significance to be displayed in the territorial planning documents of the corresponding level are determined by the law of the subject of the Russian Federation. Thus, the Civil Code of the Russian Federation directly points to the need to approve lists of objects of regional and local significance in regional legislation. This imperative is a rational step on the part of the legislator and is fully explained by the following provisions:
1. Regulatoryly fixed lists of objects of regional and local importance will make it possible to streamline the system of territorial planning documents within one specific subject, which, in turn, will have a positive effect on territorial planning throughout the country. 2. The process of developing other urban planning documentation, the provisions of which are based on the content of territorial planning documents (land use and development rules, territory planning documentation), will become more streamlined and streamlined.
3. These lists allow you to focus on one or another specificity (climatic, territorial, social, etc.) of a particular region, its economic profile, which, in turn, is of paramount importance in territorial planning as a basis for the further development of a constituent entity of the Russian Federation in various fields. Such a peculiar specialization of the regions is akin to a mosaic: each element is individual, but together they represent an ordered system, a picture of planning the development of the territory, the direction of growth (economic, social, cultural) throughout the country.
Despite the fact that the above norms are more than appropriate, in the light of the need to develop urban planning legislation, they contain a rather serious gap, from our point of view as developers of urban planning documentation, a gap: the content of the lists of objects is not specified, there is no concept of them. After analyzing the regional urban planning legislation, one can clearly see how this affected the normative practice that has developed in relation to this issue.
At the moment, not all regions of the Russian Federation have approved at the legislative level the lists of objects of regional and local significance to be displayed in the materials of TP documents (currently about twenty). As for the approved and current lists, they can be conditionally divided into two groups, thus defining the main directions in the emerging regulatory practice.
So, when implementing the provisions of clauses 19, 20, part 1 of the Civil Code of the Russian Federation, the subjects of the Russian Federation, as a rule, go in two ways:
1. The legally approved list of objects is a list of areas in accordance with the Civil Code of the Russian Federation, the objects of which must be displayed in territorial planning documents.
This approach can be called general, since the information contained in the lists is general. In fact, it is not objects that are approved, but spheres, generic features of objects. As an example of regions that have approved laws with similar content, the following can be cited: Altai Territory (Law of the Altai Territory dated July 11, 2011 No. 93-ЗС “On Amendments to the Law of the Altai Territory “On Urban Planning Activities in the Altai Territory”), Arkhangelsk Region (Law of the Arkhangelsk Region dated September 30, 2011 No. 334-24-OZ “On Amendments and Additions to the Regional Law “Urban Planning Code of the Arkhangelsk Region”), Kaluga Region (Law of the Kaluga Region dated July 6, 2011 No. 172-OZ “On Amendments to Law of the Kaluga Region “On Urban Development in the Kaluga Region”), etc. The content of these subject laws is almost identical, and these lists are open. As mentioned above, this approach is not entirely successful, although from a formal point of view, everything was done in accordance with the law.
2. The legally approved list of objects of regional and local importance to be displayed in the TP documents, developed taking into account the characteristics of a particular region, is precisely a list of objects, and not areas of activity.
In our opinion, it was the development of this kind of normative acts that the legislator pursued as his goal, putting into effect the norms of clauses 19, 20 of Art. 1 GK RF. As an example, the following entities can be cited: Amur Region (Law of the Amur Region of October 17, 2011 No. 541-OZ “On Amending the Law of the Amur Region “On Regulation of Urban Development in the Amur Region”), Yamalo-Nenets Autonomous Okrug (Law of the YNAO dated September 30, 2011 No. 93-ZAO “On Amendments to the Law of the Yamalo-Nenets Autonomous Okrug “Urban Planning Charter of the Yamalo-Nenets Autonomous Okrug”). These normative acts can be recommended as a guideline for those regions in which such lists have not yet been approved (and these are currently the majority). These subjects follow an individualized approach. For example, the list of objects of the Amur Region contains such categories as territories of traditional residence and traditional economic activities of indigenous peoples, ethnographic complexes, fur farms; the list of YaNAO includes deer slaughterhouses, shift camps, etc.
It is also worth mentioning such a type of objects as investment sites. In the lists, this category, as a rule, does not occur, or it occurs, but in a slightly different form (YNAO, Tyumen region). Meanwhile, in our opinion, investment sites of regional and local significance are among the objects that determine the economic attractiveness and direction of the region. In this regard, we recommend that the legislative authorities of the subjects include them in the relevant lists of objects.
In addition, we consider it expedient to adopt at the federal level a classifier of types of objects of federal, regional and local significance as an auxiliary document used as a kind of guideline in the development and approval by the constituent entities of the Russian Federation of their own lists of objects, as well as in the development of urban planning documentation in general.
P.N. Nikonov:
Answer to the first question
First of all, about the vicissitudes of classification. The City Planning Code has chosen an unfortunate classification for objects of federal, regional and local significance: for the procedure and technology for displaying them in territorial planning documents and territory planning documentation, it does not matter what they are.
What matters is only the requirements that such an object imposes on the conditions of placement on the territory. So a cosmodrome of any significance, and even a private one, I think, needs extremely precise placement on the surface of the earth, since this can be associated with such a complex of requirements that converge in a unique way all together only at a few points on our planet. A number of social, cultural and public utility facilities should be located within certain service radiuses of places where the population lives. Other objects, on the contrary, should be located outside these radii (cemeteries, prisons, military training grounds, etc.). The next group of objects does not impose special mandatory requirements for the conditions of placement, for example, a court building can be located anywhere in the city where there is a free land plot for this. The same can be said about the building of the Government of the subject of the Federation or the Administration of the municipality. In addition, some objects necessarily require the presence of a separate land plot (military training ground), others may be part of a real estate complex, including as built-in premises, for example, a post office, as a rule, is located in the built-in premises of an apartment building .
There are also objects, the characteristics of the placement of which is of socially significant interest, and objects, the issue of placement of which affects the interests of only those who work in them. For example, the socially significant interest in the characteristics of the placement of objects of trade is quite obvious - the interest of the society is that places for them are reserved on pedestrian flows, in the nodes of their concentration. And, for example, some kind of mail sorting center may be located on the outskirts - this will not affect any public interests, except for the actual employees of the node.
In any case, no matter what the value of the object, it is not distinguished by any features of the procedure and technology and other specifics of the preparation of urban planning documentation. For example, the court is an object of federal significance. But the location of the land plot of its building, the characteristics of this site, the geometry of its layout should be determined in the context of preparing the usual documentation for planning the territory in the process of “grinding” it with all other objects, the placement of which is planned as part of this documentation. What matters is not that it is of federal significance, but the individual requirements that characterize a capital construction object of this type (the technology of its use, the degree of responsibility) - an object of any value can be characterized by individual requirements, which will have to be taken into account equally. This planning project can be developed by order of any subject, and the court in it acts as an ordinary interested party equally competent with the owners of all other real estate located on the territory of the design. With only one difference: an ordinary object, for example, an apartment building, can afford, at the whim of its owner, to change the type of use to any permitted one, but the court cannot.
Speaking further about the role of objects endowed with federal, regional or local significance in the urban structure, it is important to see that some of them are objects of urban planning, while others do not enrich the city in any way, and are rather an ordinary consumer of the city, i.e. subjects of urban planning. The city needs a certain set of objects that make up the details of the mechanism for providing urban life. And the House is a machine for living, and the City, also a machine for living with its own details. This machine can be primitive with a minimal set of parts, the totality of which guarantees the course of life only in minimal sufficiency. But it can also be "advanced" with their great diversity, richness and complexity. These details are the objects of urban planning, without which there is no village or city. For the purposes of urban planning, it is precisely along this “watershed” that objects of all meanings should be distinguished. The developer of urban planning documentation should provide for their presence in his project - this is precisely what is included in the design goals.
Thus, the species diversity of objects of federal, regional and local significance, first of all, reveals itself in the fact that some of them are objects of urban planning, while others are not. The classification under consideration into objects of federal, regional and local significance needs to be reorganized: what is the point of focusing on the fact that, for example, a military research center is an object of precisely federal significance? NII as NII. His whole essence, which makes him treat him as an object of federal significance, is inside him. For the city, this is a closed object; it serves not the city, but itself. Just like the home of any individual. In a sense important for urban planning, both this research institute and a private dwelling are in the same species community. Of all the possible objects of federal, regional and local significance, it is necessary to single out those that have signs of urban planning objects.
One should not think that an object of federal significance cannot be an object of urban planning. For example, the Hermitage in St. Petersburg, being an object of not only federal but global significance, plays a crucial role in its urban planning, although, of course, not as a detail that provides a primitive beginning of life support, but as a detail of an already far advanced mechanism of life, enriched with the features of a high cultural level. But, if the Hermitage does not convince someone, you can call the Moscow Station. So in vain this discussion was limited to consideration of objects only of regional and local significance.
So, what kind of objects should make up the desired list? I believe that these are objects that have long been called infrastructural. The only thing you can argue about here is what kind of infrastructures. Frankly, I believe that all:
- socio-cultural;
- household;
- engineering;
- transport;
- administrative and managerial.
But there are subtleties. For example, when preparing documentation for the planning of a block, it is necessary to display infrastructure data objects. But is any such object an object of the infrastructure of the territory of this particular project? For example, in the quarter there is (or is planned) a traction substation of the tram and trolleybus network - is this facility an object of engineering infrastructure that should be reflected in this project? No. Because in this project it is necessary to display the structural arrangement of this particular territory - its engineering support system. For this territory, this is not an object of its urban planning, but an ordinary construction object, like any neighboring house. It will become an infrastructural object in the project documentation for the territory for which it is intended to serve.
Answer to the second question
I think that the phrase in the Town Planning Code of the Russian Federation is unsuccessfully composed, but in fact the legislator did not think about the simultaneous unity of these two signs, but about their alternativeness: necessary for implementation or having an impact. Otherwise, it should be recognized that the norm on the display of these objects loses its meaning: indeed, the threshold between materiality or non-materiality is blurred, but, most importantly, what does socio-economic development have to do with it? The exercise of authority to manage the territory is necessary even if the territory is planned-unprofitable, the mechanism of this management must be provided with planning tools in any case.
But going back to the first assumption...
There is such an established term: the socio-economic development of the territory. And what development of the territory is not socio-economic? Tectonic? Apparently, the proposal to display objects that have a significant impact is a syndrome of thinking with the ideas of a planned economy, thanks to which hopes remain that by building some strategic objects it is possible to lay the main channels for the development of the territory and the economy in general. It may be possible. Not ready to judge.
Answer to the third question
Yes. For example, among the standardized objects of social, cultural and municipal purposes, there are such as, for example, schools and kindergartens, which, after construction, become objects of municipal property. The combination of this type of property and their value is quite organic. But there are other objects that also need to be guaranteed to provide the territory. For example, grocery stores. Experience has shown that purely market regulators do not allow solving this problem with guaranteed success, and where the planning project provided for a grocery store, they sell, for example, shoes. And after some time, the store owner may completely abandon the commercial purpose of his property and reconstruct it into an apartment building (fortunately, the LPP allows it) - the task of providing residents with normalized objects of trade with the current means of urban planning becomes impossible. But, if the law provides for the possibility of burdening individual land plots formed to provide individuals and legal entities for construction with the intended purpose of this construction, in this case, the construction of a grocery store, then this problem is solved: let applicants for the development of this site bargain for the right to build shop.
By the way, the question of the intended purpose of objects of federal, regional and local significance is in any case. If the city needs a court, then when preparing documentation for the planning of the territory, a land plot is selected specifically for the location of the court, and not just a “federal facility”. If schools, then schools, and not "objects of local importance." Thus, the land plots of such facilities should not be subject to the PPP, at least in terms of permitted uses.
Professional, but ambiguous opinions of experts allow us to summarize the discussion as follows:
The named problem exists and its solution lies not only in the legal plane, but also in the semantic - in the methodological one.
The problem affects all types of urban planning documentation: territorial planning documentation (“significant” objects must be provided for with an accuracy of a settlement, or “tied” to a functional zone); territory planning documentation (the location of the object, its placement in the structure of the urban space are determined in the planning project, the boundaries of the land plot - in the land surveying project, the building spot - in the urban planning plan of the land plot); rules for land use and development (the territorial zones and types of their permitted use are established on the urban zoning map, which must correspond in certain cases to the types of “significant” objects). In order to ensure the continuity of the urban planning solution, which brings the object closer to the territory, it is necessary to provide for the formation of a territorial zone on the urban zoning map for each “significant” object within the boundaries of the land plot established by the land surveying project, and with the only type of permitted use corresponding to the type "significant object".
Lists of types of "significant" objects must be approved in accordance with the unified classifier of objects for all types of activities in the areas of territory and real estate management. Significance is in no way determined by the belonging of the object to a particular budget.
The value that gives the object the status of "significance" should probably be determined by the heads of the territories together with the designers - developers of territorial planning documents. The most appropriate time for determining such a list seems to be the stage of coordinating the main project proposals, following the stage of a comprehensive assessment of resources and potentials for the development of the territory.
All opinions of respected experts will be taken into account when preparing proposals on behalf of the Committee for Territorial Administration and Urban Planning of the GIS-Association and the National Guild of Urban Planners on making appropriate changes to the Urban Planning Code, other regulatory legal acts, and will also be used in the preparation of draft guidelines for the preparation of documentation for planning of territories and rules of land use and development.
Question 8.5. On determining the content of objects of various significance - federal, regional, local
The concept of "objects of federal, regional, local significance" was used without deciphering their meaning in the Civil Code of the Russian Federation of 07.05.98, and in other laws. In the Civil Code of the Russian Federation of December 29, 2004, these concepts are also used without defining what it is. In this regard, a number of questions arise:
Why are they not defined in the Civil Code of the Russian Federation dated 12/29/04;
How they could or should be defined in the legislation when it is supplemented in the future by the now missing norms;
How to operate with these concepts at the present time, when there are no corresponding definitions in the legislation.
Let's try to answer these questions.
From what substantive positions and grounds should one approach the definition of the concepts of "objects of federal, regional, local significance"?
The existence of three different levels of power predetermines the presence of a group of objects required for each of these three levels. What is the nature of the division of objects into three groups? The content of differences is determined by a combination of three components:
1) political and administrative;
2) technological;
3) budget.
The features of this combination are clearly manifested in relation to the three groups of objects identified when considering "the issue of differentiation of powers into two groups - the powers for the implementation of which the forced purchase of real estate is allowed, and the powers for the implementation of which it is not allowed."
With regard to the first group of objects (objects that are not linear objects of infrastructure support and related to the use of atomic energy, defense and security, space activities, ensuring the status and protection of the State Border of the Russian Federation), the political and administrative component dominates. Here there are no problems with whether to classify such objects as objects of federal or regional significance. The answer is obvious.
With regard to the second and third groups of objects, the combination of technological and budgetary components comes first. That is, the technological characteristics of certain objects (for example, indicators of their capacity, throughput) are linked to the volume of their load on the budget and the ability, obligation of the relevant subjects of the budget process (subjects of various levels of public authority) to bear this load by allocating appropriate funds and ensuring the construction of appropriate facilities. . Thus, the word "meaning" (federal, regional or local) directly answers the question: who (what level of public authority), for the construction of what (what specific objects, differentiated by their technological characteristics) is responsible for its budget.
Why the concept of "objects of federal, regional, local significance" is not defined inGrKRF from 29.12.04?
The substantive grounds presented above for defining the concepts of "objects of federal, regional, local significance" make the answer to this question clear. It is formulated as follows:
1) the definition of the concepts "objects of federal, regional, local significance" can only be given as a result of linking two substantive positions:
Unified classification by technological features (capacity, throughput, capacity) of objects, the construction of which is financed from budgetary sources;
Distribution of objects classified according to the specified technological features according to budgets of various levels ("linking objects to budgets"), taking into account the principles of formation and planned development of the budget system in terms of revenue sources and their existing and forecasted volumes;
2) in the light of the above, the following becomes obvious:
Due to the fact that the process of reforming the administrative and budgetary systems in the country is at an early stage, at the moment the development of these two substantive positions should be considered as the task of finding a final solution, which is not yet available;
The definition of the concepts "objects of federal, regional, local significance" is beyond the scope of the subject of the Civil Code of the Russian Federation of December 29, 2004 and can be fixed in it in the order of making additions developed as a result of solving the task in the field of improving budget legislation.
Thus, the task of defining in the Civil Code of the Russian Federation of December 29, 2004 the concepts of "objects of federal, regional, local significance" cannot be considered as an immediate task of this particular federal law, and therefore, in principle, it could not be solved at the stage of its preparation. This is a task to be solved in the future through a comprehensive improvement not only and not so much of the legislation on urban planning as such, but of the entire system of Russian legislation.
How could the concept of "objects of federal, regional, local significance" be or should be defined in the legislation when it is supplemented in the future with currently absent norms?
There are three possible ways to solve this issue - through:
Legislative establishment of a list with the characteristics of the relevant objects;
Use of procedures for determining such objects in the process of territorial planning;
Combinations of both list and procedures.
Consider the advantages and disadvantages of each method.
A method for determining objects of federal, regional, local significance through the legislative establishment of a list with the characteristics of the relevant objects. We revealed the essence of this method above when discussing the question of why the concept of "objects of federal, regional, local significance" is not defined in the Civil Code of the Russian Federation of December 29, 2004. The hypothetical advantage of the method is that with its help it would be possible to formalize this process once and for all, as well as to make the process of interaction between public authorities of various levels in their territorial planning extremely clear and simple.
This method can be used as a universal and the only one, provided that two requirements are met:
1) the list is differentiated taking into account the diversity of the specifics of various regions of a huge country. We should not forget about the relativity of the concept of "significance". In developed regions, even a large object may turn out to be not so significant and should be classified, say, as objects of local rather than regional significance. In remote and depressed regions, the opposite is true: even a small facility can be assigned the significance of a federal one (for example, a road with a low carrying capacity, but of exceptional importance in terms of solving a security problem or developing new mineral deposits);
2) the list allows you to solve issues of changing significance over time.
Fulfillment of the first requirement does not encounter insurmountable obstacles of a theoretical and methodological nature, except for one thing - the degree of differentiation proposed by law may turn out to be insufficient, which will complicate the process of territorial planning.
Another thing is the fulfillment of the second condition. Since the list is established by law, taking into account the dynamics of changes in significance over time should be accompanied by periodic amendments to the law. Since the need for changes may arise quite often, their introduction into the law will always be late and cannot be guaranteed.
Thus, for the indicated reasons, the considered method cannot be recognized as universal and unique. This means that it should be combined with procedures that will make it possible to introduce the necessary and prompt clarifications due to the specifics of territorial planning in the respective regions of the country.
A method for determining objects of federal, regional, local significance through the use of procedures for determining such objects in the process of territorial planning. From the point of view of the prospects for the development of the territorial planning system, which, in terms of the legal framework, is at the initial stage of formation in the Russian Federation (which must be recognized), this method can only be used as an addition to the method described above. Since in the current conditions there is still no list of relevant objects established by law, the procedural method should be considered as a transitional one, and therefore the features of its application are discussed below, when discussing the question of how to operate with the concepts of "objects of federal, regional, local significance" at the present time, when there are no relevant definitions in the legislation.
A method for determining objects of federal, regional, local significance through a combination of both a list and procedures. It is clear that the possibility of using such a method will arise when the list established by law is put into effect. Therefore, without entering into a detailed consideration of the features of the application of this method, it is necessary to characterize the basic provisions on which it should be based. As an example, let's take the preparation of a draft master plan for a settlement.
1. The local self-government body of the settlement in its master plan establishes (approves) the boundaries of the zones of the planned placement of objects of local importance, determined in accordance with the law. At the same time, the master plan without fail displays (not approved) the boundaries of the zones of the planned placement of objects of local significance of a municipal district, regional significance - if there are duly approved documents for territorial planning of a municipal district, a constituent entity of the Russian Federation. In the absence of these documents, the master plan may display proposals for the location of the boundaries of the zones of the planned placement of objects of local significance of the municipal district, regional significance.
2. The implementation of decisions of territorial planning documents on the placement and construction of objects of regional and local importance can be carried out autonomously by each level of public authority in strict accordance with the definitions of these objects given by law, as well as in accordance with plans for the implementation of territorial planning documents. Along with autonomous actions, the implementation of territorial planning documents can also be carried out in such a way that, under certain conditions and subject to certain procedures, public authorities of a higher level (municipal district, constituent entity of the Russian Federation) assume financial obligations or part of financial obligations to ensure the construction of certain local facilities. settlement values. Such actions are carried out subject to the following principles:
a) public authorities of a lower level - settlements and urban districts can provide their budget only for the construction of local facilities of settlements and urban districts in accordance with the approved master plans, plans for the implementation of master plans, linked to the volume of budget financing for each current and upcoming financial year;
b) public authorities of a higher level - a municipal district, a constituent entity of the Russian Federation can provide with their budget not only the construction of objects of local significance of a municipal district, regional significance in accordance with approved territorial planning documents, plans for the implementation of such documents, linked to the volume of budget financing for each current and the upcoming financial year, but also the construction of certain objects of local significance in settlements, urban districts based on:
Formalized in accordance with the law (federal and / or regional) settlement procedures that determine the possibility of financial assistance in cases established by law;
Joint plans and programs for the implementation of territorial planning documents approved in the relevant part by representatives of executive power at various levels - a settlement, an urban district, a municipal district, a constituent entity of the Russian Federation.
How to operate with the concept of "objects of federal, regional, local significance" at the present time, when there are no corresponding definitions in the legislation?
Based on the arguments presented above, it must be said with all certainty that the procedural method described above is:
1) transitional in the sense that it is applied until the relevant list is put into effect by federal law, linking the technological characteristics of certain objects with the financial obligations of the relevant levels of public authority to ensure their placement and construction;
2) an objectively necessary transitional stage - its necessity is determined not by the imaginary underdevelopment of the Civil Code of the Russian Federation of December 29, 2004, but by other system-wide circumstances that were disclosed above.
Unfortunately, quite often one has to face the fact that the second provision does not meet with understanding. And the point is not so much in the unwillingness to understand, but in the position, which is defined as follows: "everything at once and immediately, otherwise nothing at all is better."
Such a position is nothing more than an objective disregard for the fact that it is fundamentally impossible for a one-time action (through the adoption of one law - in this case, the Urban Planning Code of the Russian Federation) to establish a neglected area of legal regulation of urban planning activities. Launched not only and not so much because of the disorder, uncertainty and inconsistency of the previously existing legislation on urban planning, but because of the objective reason for the complexity of such legislation, when even minimal actions to improve it inevitably entail actions to streamline other types of legislation or form an "order" for such ordering. This order cannot be fulfilled immediately, including because of opposition to it, unwillingness to recognize its necessity and fulfill it.
The position that the improvement of the legislation on urban planning activity provokes in a positive sense the improvement of other laws has already been illustrated in this work and will be further illustrated with specific examples.
Answering the question of how to operate with the concept of "objects of federal, regional, local significance" when there are no relevant definitions in the legislation, let us consider as an example, as before, the preparation of a draft master plan for a settlement. At the same time, we will keep in mind the most unfavorable situation, when the project is being prepared in the absence of territorial planning documents for both the municipal district and the subject of the Russian Federation.
In such an unfavorable situation, consideration should be given to:
1) a favorable case of joint preparation of a draft master plan by the relevant local self-government body of a settlement (urban district) and territorial planning documents of a municipal district and a constituent entity of the Russian Federation;
2) an unfavorable case when a draft master plan is prepared autonomously by the relevant local self-government body of a settlement (urban district) without parallel preparation of territorial planning documents for a municipal district and a constituent entity of the Russian Federation.
"Favorable case" of the joint preparation of the draft master plan by the relevant local self-government body of the settlement (urban district) and territorial planning documents of the municipal district and the subject of the Russian Federation. The sequence of actions may be as follows:
1) the local self-government body of a settlement or urban district, starting the preparation of a master plan, is guided by the norms of Article 27 of the Civil Code of the Russian Federation of December 29, 2004 and initiates a parallel process - joint preparation of territorial planning documents with the participation of neighboring settlements, urban districts, as well as a municipal district and a constituent entity of the Russian Federation . Wherein:
Decisions on the joint preparation of territorial planning documents can be made optionally or on a mandatory basis - in cases where, in accordance with Part 6 of Art. 27 of the Civil Code of the Russian Federation of December 29, 2004, it is not allowed to refuse the joint preparation of territorial planning documents;
Depending on the specific circumstances, the preparation of territorial planning documents for a municipal district, a constituent entity of the Russian Federation can be carried out on a full scale (comprehensively on all issues and in relation to the entire territory of the jurisdiction of the relevant public authority) or partially (not on all issues and not in relation to the entire territory of the jurisdiction of the relevant public authority). authorities, but only to its part in accordance with the needs of the development of a particular municipality);
2) in the process of joint preparation of territorial planning documents, developers, representatives of the relevant public authorities jointly:
As part of draft territorial planning documents, they prepare and justify (including by fixing in cartographic materials) proposals on the distribution and sequence of construction of objects of local significance of a settlement, urban district, objects of local significance of a municipal district, as well as objects of regional significance;
Prepare and substantiate proposals for the plan (program) for the implementation of territorial planning documents, including in terms of priority facilities, sources, volumes and terms of financing work to prepare for construction and financing the construction of objects of various significance;
3) after approval in the prescribed manner of jointly prepared territorial planning documents and plans (programs) for the implementation of territorial planning documents:
The local self-government body of a settlement, urban district provides, using the funds of its budget, work on preparation for construction and construction of local facilities of a settlement, urban district (determined in the process of joint preparation of territorial planning documents and plans for their implementation);
The local self-government body of the municipal district provides, using the funds of its budget, work on preparation for construction and construction of local facilities of the municipal district (determined in the process of joint preparation of territorial planning documents and plans for their implementation). At the same time, the plans for the implementation of these documents may determine financing or participation in financing the construction of certain objects of local importance of the settlement from the budget of the municipal district;
The authorized state executive body of the constituent entity of the Russian Federation provides, using the budget funds of the constituent entity of the Russian Federation, work on preparation for construction and construction of objects of regional significance (determined in the process of joint preparation of territorial planning documents and plans for their implementation). At the same time, the plans for the implementation of these documents may determine financing or participation in financing the construction of certain objects of local importance of a settlement, urban district, municipal district from the budget of a constituent entity of the Russian Federation.
An unfavorable case: a draft master plan is prepared autonomously by the relevant local self-government body of a settlement or urban district without parallel preparation of territorial planning documents for a municipal district and a constituent entity of the Russian Federation. Sequencing:
1) the local self-government body of a settlement or urban district ensures the autonomous preparation of a draft master plan due to the fact that:
Proposals on the joint preparation of territorial planning documents were not sent to public authorities of other administrative-territorial entities;
A refusal was received on proposals for the joint preparation of territorial planning documents sent to public authorities of other administrative-territorial entities - in cases where it is not allowed to refuse these proposals;
2) in the process of preparing the draft master plan, proposals are prepared and substantiated (including by fixing in cartographic materials) on the sequence of construction of facilities:
Local significance of a settlement, urban district, in relation to which there are no questions regarding their significance, as well as regarding the obligations of local self-government bodies of a settlement, urban district to ensure the construction of these facilities from the funds of the relevant budgets;
Local significance of a municipal district, regional significance, in relation to which questions arise regarding their attribution to objects of corresponding significance, as well as regarding the obligations of local governments of a municipal district, state authorities of a constituent entity of the Russian Federation to ensure the construction of such objects from the funds of the relevant budgets;
3) in the process of preparing and coordinating the draft master plan with the local authorities of the municipal district (if we are talking about the master plan of the settlement), the state authorities of the constituent entity of the Russian Federation agree on proposals on the distribution and sequence of construction of objects of local significance of the municipal district, regional significance, in relation to who have questions regarding their attribution to objects of appropriate importance, as well as regarding the obligations of local governments of a municipal district, state authorities of a constituent entity of the Russian Federation to ensure the construction of such objects from the funds of the relevant budgets;
4) as part of the master plan of the settlement, urban district, provisions are approved on the zones of the planned location and the sequence of construction:
Objects of local significance of a settlement, urban district, in relation to which, at the stage of preparation of the draft master plan, no questions arose regarding their significance, as well as regarding the obligations of local governments of the settlement, urban district to ensure their construction from the budget of the settlement, urban district;
Other objects, in respect of which, in the process of coordinating the relevant proposals with the local authorities of the municipal district, the state authorities of the constituent entity of the Russian Federation, decisions were made to classify them as objects of local significance of the settlement, urban district with the recognition of the obligations of the local authorities of the settlement, urban district to ensure construction such facilities from the budget of the settlement, urban district;
5) after approval in accordance with the established procedure of the master plan of the settlement, urban district, as well as the plan (program) for the implementation of the master plan:
The local self-government body of a settlement, urban district, using the funds of its budget, provides for the preparation for construction and construction of local facilities of the settlement, urban district;
The local self-government body of a municipal district (in the case of preparing a master plan for a settlement), state authorities of a constituent entity of the Russian Federation shall use the proposals contained in the supporting materials for the approved master plan of a settlement, urban district on the zones of the planned location of objects of local significance of the municipal district, objects of regional significance.
Consideration of all favorable and unfavorable cases allows us to draw the following conclusion: the absence of a formal definition of the concept of "objects of federal, regional and local significance" in federal legislation does not block the process of territorial planning, does not create legal obstacles for public authorities to take actions in this direction.
It should be noted one more circumstance concerning the legal possibility of anticipatory actions at the regional level. If there is an appropriate initiative and before the task formulated at the federal level is solved when discussing the question of why the concept of "objects of federal, regional, local significance" is not defined in the Civil Code of the Russian Federation of December 29, 2004, this task can be solved in a certain parts at the regional level, namely:
Prepare a classification according to technological features (capacity, throughput, capacity) of objects, the construction of which should be financed from the regional budget, budgets of municipal districts, budgets of settlements, urban districts;
Distribute the objects classified according to the specified technological features according to budgets of various levels (linking objects to budgets), taking into account the principles of formation and planned development of budgets at the regional and local levels within the respective constituent entities of the Russian Federation in terms of revenue sources, their existing and projected volumes.
Question (9) about the legislative establishment of ways
ensure the integrity of the territorial
planning in the interaction of bodies
public authorities at various levels
This question is divided into two components, which can be conditionally called negative and positive. The negative part of the question: how to force public authorities at various levels not to do something that can disorganize territorial development? The positive part: how to encourage public authorities at various levels to do what will ensure the rational organization of the territory and the implementation of plans within an acceptable time frame?
Highways are those transport arteries that connect various regions and settlements of the country. The federal roads of Russia are of the greatest importance for our state. But the importance of other highways should not be underestimated either. Let's find out how roads are classified, and also compile a list of federal roads in Russia.
Types of road classification
First of all, let's find out what criteria can be used to group. Depending on the criteria, there are several types of classification:
- by value;
- by type of coverage;
- by property;
- by class;
- by category.
Below we will look at each type of classification in more detail.
Road classification by value
This type of classification in the Russian Federation is determined by a special road classification published in 2007. According to it, the routes are divided into federal roads of Russia, regional, intermunicipal and local. We will talk about what this means below.
Russia - these are highways of national importance. They are financed from the federal budget of the Russian Federation.
Regional roads are motorways administered by the authorities in the regions. They have a local, regional degree of importance and are financed from the appropriate budget. If a regional highway provides access to major traffic interchanges or other particularly important objects, then in the Russian road classification it is designated by the prefix A, and all the rest - by the prefix K.
Roads of intermunicipal significance serve to connect settlements within the boundaries of one region, but have a lower level of importance than regional highways, and even more so the federal highways of Russia. All inter-municipal routes are designated by the prefix H.
All other roads are classified as local roads. Often they are located within the boundaries of one region or even a locality and are of significant value only for it. They are financed from the budget of the municipality to which they belong.
Types of roads by type of coverage
According to the type of coverage, highways are divided into only two types: hard-surfaced and unpaved. Moreover, the former are divided into several subspecies: paved, paved with paving stones, reinforced concrete tiles, etc. Dirt roads do not have artificial surface at all.
It should be noted that the list of federal roads in Russia does not include any unpaved transport route. Also, you will not find a single such road among the routes of regional and intermunicipal significance. But among the local roads they can meet.
Types of roads by ownership
According to the right of ownership, the routes of communication are divided into national, regional and private. If the issue does not arise with the definition of the owner of national and regional roads, then with private matters the situation is somewhat different. So, they can belong either to an organization or to an individual. However, we note that the practice of private routes in Russia is not yet very common.
At the same time, it should be emphasized that all the roads that are included in the list of Russian federal highways belong to the state.
Classification by class
There is also a classification by class of roads. According to it, roads are divided into three types: motorways, expressways and ordinary routes.
The main difference between highways and simple express roads is that the first type of highways does not allow access to the highway with an adjoining at the same level, while the second type does.
On ordinary highways, a lower speed limit is set than on the above two. In addition, unlike highways and expressways, such roads are allowed to intersect with cycling, vehicular and pedestrian routes in the same plane.
A mandatory attribute of motorways and express roads is the presence of four or more lanes, with a width of each 3.75 m.
It should be noted that the same road may have a different class in its various sections.
It should be noted that all of the listed types of highways are included in the list of federal roads of Russia, but there are no motorways among the regional highways.
Breakdown of roads by category
All highways have category IA, express roads - IB, but ordinary routes are divided into five categories at once - IC, II, III, IV and V. The difference between IC and all other categories of ordinary roads is that it requires the mandatory presence of a dividing markings, as for motorways and expressways. The rest of the usual type differ among themselves in the total number of lanes and their width. In addition, unlike other options, the routes with category IV and V allow crossing with railway and tram tracks at the same level.
Ways of federal significance
Now let's take a closer look at which routes are included in the list of federal highways in Russia. It includes absolutely all autobahns that connect Moscow with the capitals of other state entities, or connect it with the central cities of the regions of the Russian Federation. In addition, the list of Russian federal highways may include routes connecting the administrative centers of different regions, if such highways are of particular importance. This list also sometimes includes the most significant connecting roads, in particular those that provide access to the largest transport interchanges or to communications of federal importance, for example, to large ports.
The federal roads of Russia are of particular importance for the country's transport system.
Federal road classification
All roads included in the list of Russia have their own separate classification. About her and will go our further conversation.
The federal roads of Russia are divided into two main types: public and European highways.
In addition, when numbering roads connecting Moscow with foreign capitals or centers of regions, the prefix M is used. For those routes that connect the central cities of the regions with each other, the prefix R is used. Federal highways of Russia, which are of great importance as connecting and access roads, are numbered with prefix A.
List of federal roads with M prefix
Now let's take a look at the list of federal roads in Russia. Federal highways of general importance connecting Moscow with European capitals and regional centers have the following names:
- M1 - to Minsk.
- M2 - to Yalta.
- M3 - to Kyiv.
- M4 - to Novorossiysk.
- M5 - to Chelyabinsk.
- M7 - in Ufa.
- M8 - to Arkhangelsk.
- M9 - to Riga.
- M10 - to St. Petersburg.
- M11 St. Petersburg - Moscow (under construction).
List of other federal roads
The list of federal highways of the Russian Federation, which connect the central settlements of its subjects, includes 34 routes. The most significant of these include:
- P23 Belarus - St. Petersburg.
- R56 Pskov - Novgorod.
- P92 Orel - Kaluga.
- R119 Tambov - Eagle.
- P120 Belarus - Oryol.
- P132 Ryazan - Kaluga.
- Р208, Р209 Penza - Tambov.
- P216 Stavropol - Astrakhan.
- P217-"Caucasus".
- P239 Kazakhstan - Kazan.
- P298 Kursk - highway P22.
- P351 Tyumen - Yekaterinburg.
- P402 Omsk - Tyumen.
- Р404 Khanty-Mansiysk - Tyumen.
- Р600 Ivanovo - Kostroma.
The federal highways of the Russian Federation, which serve as connecting and access roads, have 75 names. The most important ones are the following:
- A103 Shchelkovskoe highway.
- A109 Ilinskoe highway.
- A113 Central Ring Road.
- A164 - Transcam.
- A181-"Scandinavia".
- A375-"Vostok".
European roads
In addition, there are federal roads in Russia that have the status of European transport routes. These include the following highways:
- E18 Finland - St. Petersburg.
- E20 Estonia - St. Petersburg.
- E22 Latvia - Ishim.
- E28 Poland - Kaliningrad - Lithuania.
- E30 Belarus - Omsk.
- E38 Ukraine - Voronezh - Kazakhstan.
- E40 Ukraine - Volgograd - Kazakhstan.
- E50 Ukraine - Makhachkala.
- E58 Ukraine - Rostov-on-Don.
- E77 Poland - Pskov.
- E95 St. Petersburg - Belarus.
- E97 Ukraine - Georgia.
- E101 Ukraine - Moscow.
- E105 Norway - Yalta.
- E115 Novorossiysk - Yaroslavl.
- E117 Georgia - Mineralnye Vody.
- E119 Moscow - Azerbaijan.
- E121 Samara - Kazakhstan.
- E123 Chelyabinsk - Kazakhstan.
- E125 Ishim - Kazakhstan.
- E127 Omsk - Kazakhstan.
These federal highways of Russia are important not only because they provide traffic within the country, but also guarantee the stable operation of international transport links.
Asian routes
In addition, there are Asian international roads. In the classification, they are denoted by the prefix AH. But it should be noted that the Asian routes are simultaneously classified also by the prefixes M, P and A, depending on what meaning the given route has.
For example, the P258 "Baikal" highway, passing from Irkutsk to Chita, is part of the Asian road AN6 Belarus - Busan (Republic of Korea). Similarly, the M10 highway St. Petersburg - Moscow (another name for the road is "Russia") is part of the Asian route AN8 Finland - Iran and at the same time a component of the European route E105 Kirkenes (Norway) - Yalta.
Roads under construction
Among the roads included in the list of federal highways in Russia, at the moment only one is being built - M11 St. Petersburg - Moscow. Its main task will be to reduce the flow of vehicles from the M10 Rossiya highway, which runs almost parallel and also connects the two Russian capitals. According to the plan, some sections of the new will be paid. In 2014, the first section of the route was opened for drivers. It was previously planned that the entire highway would be put into operation in 2018, but due to the onset of the economic crisis in the country, the timing could be significantly shifted.
In addition, there are a number of other interesting projects that, if implemented, would receive the status of federal highways. But at present, all of them are only at the idea stage.
Road condition
It should be noted that most federal roads have satisfactory coverage. As for those routes that are subordinate to the authorities of the regions and individual municipalities, their condition is significantly different. It all depends on what part of Russia they are located in, and how much money local governments can allocate for their repair and restoration.
Of course, in the Russian Federation, many local roads are in fairly good condition, but there are also a sufficient number of routes, the condition of which is simply catastrophic, requiring immediate repair of the roadway.
Federal highway management
The management of federal roads is entrusted to the state company Rosavtodor, or, as it is called in another way, the Federal Road Agency. This company was founded in 2004 and reports directly to the Ministry of Transport of the Russian Federation. From 2012 to the present, its leader is Roman Viktorovich Starovijt. Rosavtodor evaluates the quality of federal roads and makes decisions on repairs, if necessary. The company also draws up a schedule of planned road repairs.
In addition, in 2009, the state organization "Russian Highways" was founded, headed by S. V. Kelbakh. The M1, M3 and M4 highways were transferred to the management of this organization.
Importance of federal roads
It is difficult to overestimate the importance that Russia's federal roads have for the country's transport system. The list presented earlier indicates that they connect the most important settlements and communications for the Russian Federation. Therefore, it is very important to ensure their maintenance in a satisfactory form, to prevent destruction, and to properly distribute the traffic flow.
Moreover, in order to optimize the flow of road transport, a number of large federal highways should be built, the construction of which may take place in the near future.
In accordance with the Federal Law "On Specially Protected Natural Territories", specially protected natural territories of various forms have been created in our country. They are most diverse at the regional and local levels. The central place is occupied by the largest natural parks in terms of area and the most numerous - reserves and natural monuments.
Natural parks are a relatively new category of specially protected natural areas in Russia. This form, despite its exceptional relevance from both environmental and recreational points of view, really entered into practice only quite recently - in the 90s. According to Art. 18 of the Law "On Specially Protected Natural Territories", natural parks are environmental recreational institutions under the jurisdiction of the constituent entities of the Russian Federation, the territories (water areas) of which include natural complexes and objects of significant environmental and aesthetic value, and are intended for use in environmental, educational and recreational purposes.
The specific tasks of these parks include:
- preservation of the natural environment, natural landscapes;
- creation of conditions for recreation (including mass recreation) and preservation of recreational resources;
- development and implementation of effective methods of nature protection and maintenance of ecological balance in the conditions of recreational use of the territory.
The key difference between natural parks is their subordination not to the federal structure, but to the regional one. This logically follows from the idea that the most valuable natural objects are subject to protection at the highest (federal) level in the status of national parks, while less significant ones are preserved under regional patronage, that is, in the status of natural or regional parks.
According to the Law "On Specially Protected Natural Territories", natural parks are located on lands granted to them for unlimited (permanent) use, in some cases - on the lands of other users, as well as owners.
To date, there are 54 natural parks in the country, and they are almost equally distributed between the European and Asian parts of Russia.
Their total area is 15.4 million hectares, or 0.9% of the country's area. According to the Forest Code of the Russian Federation, the forests of natural parks belong to the forests of the first group.
Reserves are territories (or water areas) that are of particular importance for the conservation or restoration of natural complexes or their components and maintaining the ecological balance.
Landscape reserves are intended for the conservation and restoration of natural complexes (landscapes), biological (botanical and zoological) - for the conservation and restoration of rare and endangered species of plants and animals (including economically, scientifically and culturally valuable species), hydrological (marsh, lake, marine, river) - for the conservation and restoration of valuable water bodies and ecosystems, geological - for the conservation of valuable objects and complexes of inanimate nature, paleontological - for the conservation of fossil objects, etc.
In the reserves, economic activity is allowed only to the extent that it does not disturb peace and does not harm protected objects.
At present, there are 2831 nature reserves of the regional level in Russia. Their total area is 72.4 million hectares, or 4.4% of the country's area. In some regions, they are single, in others, on the contrary, they number several hundred. So, for example, in the Tver region alone, the number of reserves reaches almost 600.
The bulk of the reserves belong to the category of hunting, under the jurisdiction of the Ministry of Agriculture of Russia. The most common species reserves are for beaver, elk, wild boar, roe deer, sable, muskrat, upland game, etc. Species reserves have played a significant role in the conservation and restoration of the most valuable game animals in our country.
Monuments of nature are unique, irreplaceable, ecologically, scientifically, culturally and aesthetically valuable natural complexes, as well as objects of natural and artificial origin. For the first time this term was introduced by the famous naturalist A. Humboldt. Like sanctuaries, this category of specially protected natural areas is the most widespread at the regional level - more than nine thousand objects with a total area of 4.0 million hectares, or 0.2% of the country's area. Natural objects and complexes declared natural monuments are completely withdrawn from economic use. Any activity that harms a natural monument and its natural environment or worsens the condition and protection of a monument is prohibited. Just like nature reserves, natural monuments are extremely diverse in terms of types of protected objects. They can be both complex, including a number of protected objects of various categories, and highly specialized. The most common landscape, botanical, dendrological, zoological, hydrological, geological, paleontological, geomorphological, speleological, pedological (soil) monuments of nature. A special place among them is occupied by natural and historical monuments of nature. This category of specially protected natural areas includes monuments of landscape art, old estates of memorial and artistic significance, complexes of city parks and gardens.
Among the forms of specially protected natural areas intended for the preservation of natural and historical complexes, it is necessary to note the museum-estates, museum-reserves, memorial museums. All of them are associated with the names of great Russian writers, poets, artists, sculptors, etc. As a rule, these open-air museums form an inseparable unity with their natural environment, artificial or natural landscapes. In many museum-reserves, nature is one of the main values. In particular, this applies to the palace and park ensembles of the surroundings, the Solovetsky Museum-Reserve, the natural and archaeological museum-reserve "Divnogorye", etc.
In addition to the forms discussed above, the group of specially protected natural areas of the regional and local levels, by decision of the administration of the region or municipality, may include such forms as medical and recreational areas, dendrological parks and botanical gardens, green areas of settlements, quiet areas in, water protection zones of small rivers and springs, ravine forests of anti-erosion significance, recreational zones of cities, natural resource reserves, protected natural and anthropogenic landscapes, etc.
An analysis of the structure of specially protected natural areas in Russia shows that the group of reserves is the most representative in terms of area. They make up 37% of the total area of the country. Approximately one-fourth of it is accounted for by natural resource reserves (25%) and state nature reserves (23%). National and natural parks occupy 3% and 9% respectively. Dendrological parks, botanical gardens, health-improving areas and protected natural and anthropogenic landscapes account for about 1% in total.
The share of all federal territories is 28%; the rest of the area falls on specially protected natural areas of regional and local significance.
