On The Fundamentals Of Urban Development In The Russian Federation

Original Language Title: Об основах градостроительства в Российской Федерации

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102017436

Expired-code of Russian Federation from 07.05.98 N 73-FZ z and c o n Russian Federation on fundamentals of urban development in the Russian Federation (as amended by the Federal law of 19 N 112-FZ) of this law establishes the framework of the Federal urban policy and, along with legislative and other normative acts of the Russian Federation and constituent entities of the Russian Federation forms the basis of the legal regulation of urban development in order to ensure an enabling environment of human life and society effective systems for the settlement and distribution of productive forces, rational planning, building and urban planning, other settlements, development of productive and social infrastructures, management of natural resources and preservation of historical-cultural heritage.
The law aims at creating safe and healthy population Wednesday, equal protection of their rights and legally protected interests of urban planning in respect of urban development throughout the territory of the Russian Federation, irrespective of their form of ownership and nationality.
I. General provisions article 1. Urban development in the Russian Federation 1. Urban development in the Russian Federation-spatial organization systems, aimed at the development of cities and other settlements, the creation of conditions for their territorial development, the formation of industrial, social, engineering and transport infrastructures, construction, reconstruction, repair and restoration, renovation, modernization, other functional change of buildings, constructions and their complexes, facilities improvement, greening, resizing and boundaries of land and other real estate.
2. Urban planning in the Russian Federation, national State, administrative-territorial entities, free economic zones are based on the interests of citizens, the terms historically resettlement prospects of socio-economic development, ethnic, historical and cultural characteristics, ecological, climatic and geological conditions, taking into account public views expressed by local self-government bodies, meetings of citizens and other territorial forms of direct democracy.
3. Urban planning in the Russian Federation subjects of urban development activities in accordance with this law and orders issued by its statutes, the decisions of the organs of State power and administration, town planning regulations adopted in the field of planning and development of cities and other settlements within the limits of their competence, town planning documents, the rules of urban and other settlements and their systems, environmental and hygiene requirements.
4. The basic concepts used in this law: urban policy-focused activities of the State in a conducive Wednesday population proceeding from conditions of historically resettlement prospects for socio-economic development of society, ethnic and other local features;
town planning forecast is the result of an integrated assessment of environmental and urban situation analysis of social, economic, engineering, construction, sanitation and territorial development trends using the scientific foresight;
urban planning program-text, tabular, and graphical documents, including all planning and practical measures to achieve urban effect, taking into account environmental management, resource conservation and preservation of historical and cultural heritage;
town-planning documentation-system types and stages of design, ensuring the development and implementation of town planning forecasts and programs, as well as the implementation of the investment;
settlement system-spatial organization of interconnected cities and other settlements, to meet production-economic, social, human and spiritual needs of the population, as well as the implementation of effective environmental protection measures Wednesday;
real estate in town-lands towns, other settlements and other functional territories defined by boundaries and property rights; structures above and below the land used for urban development; fixed buildings, including construction in progress; objects of engineering, transport infrastructure and beautification; green spaces with long development cycle on these lands;
reference site plan, settlements-cartographic display of current urban planning and environmental situation resulting from economic and other activity;
territorial cadastre-a set of quantitative and qualitative indicators on the status of the population and includes Wednesday chart (Visual, statistical and textual) information, consisting of land, water, forest and other industry-specific inventories.
Article 2. The main directions of urban planning basic directions of urban planning are: territorial organization, placement of productive forces and sustainable development of cities and other settlements and their social, engineering and transport infrastructure, taking into account environmental Wednesday;
environmentally safe development of cities and other settlements and their systems, ensuring the realization of the rights of citizens to improve the health, harmonious physical and mental development;
planning, building, renovation, landscaping and greening of cities and other settlements and their systems;
rational land use, nature conservation, resource conservation, engineering preparation of cities and other settlements and territories protection from dangerous natural and technological processes;
the development of sanatorium-and-Spa and other recreational areas;
conservation, restoration and protection of historical and cultural heritage, monuments of town planning, architecture and monumental art, landscapes and other protected areas.
Article 3. Objects of city planning in accordance with the basic directions of urban development in the Russian Federation, its objects are: the territory of the Russian Federation;
over large geographical regions national State, administrative-territorial entities, clustering (agro-industrial, hydraulic, industrial);
recreational and protected territory;
towns, other settlements of all categories and types;
residential, other areas, community centers, neighborhoods and sites;
town planning, architecture, landscape complexes, parks, bands, buildings, monuments of history and culture;
system engineering and transport facilities and communications.
Urban works of art representing recognized artistic value, are protected by the State.
Article 4. Subjects (participants, partners) of urban development actors (stakeholders, partners) urban development activities in the Russian Federation are: citizens, their associations, public and other organizations, institutions, enterprises and other legal entities that are customers, investors, developers, developers planning documentation, contractors and users of facilities investment and urban development activities, irrespective of their form of ownership, as well as States, international organizations, foreign natural and legal persons;
public authorities and management bodies subordinated to architecture and urban planning, as well as local authorities carrying out urban activities in accordance with its competence.
Article 5. Town planning regulations 1. Town planning regulations are the means of State regulation of urban development, contain the necessary complex quantitative and qualitative indicators, regulating the development and implementation of urban planning documentation, applicable legal provisions for mainstreaming in urban planning of the demographic, climatic, geological, hydrogeological and environmental conditions, the needs of persons with disabilities, older people, the needs of children and youth, health, fire protection and other mandatory requirements. (As amended by the Federal law of 19 N 112-FZ)
2. Town planning regulations are developed for a certain period of State authorities of the Russian Federation, are the basis for the State, departmental and independent expertise, monitoring of urban activity, as well as to resolve planning issues, including judicial authorities.

Taking into account regional particularities town planning regulations are developed republics within the Russian Federation in accordance with the present law, town-planning code of the Russian Federation, other legislative acts.
3. Rules of cities and other settlements are a means of regulating urban development activities at the local level, detail, taking into account the particularities of the situation of urban settlements, urban planning legislation and other norms.
Article 6. Town-planning documentation 1. Town-planning documentation is a unified system of interconnected project documents, which includes the mandatory accounting of previously approved project documentation when developing further, and serves as the basis for the drafting of housing and civil, industrial and municipal construction, are designed with the predictions of resource potential of territories and agreed with government monitoring and oversight bodies.
2. The main types of urban planning documentation, developed on the basis of town planning forecasts and programs: the general scheme of resettlement, environmental management and territorial organisation of the productive forces of the Russian Federation;
resettlement schemes, environmental management and territorial organisation of the productive forces of the major geographical regions and national State formations;
schemes and projects of regional planning, administrative-territorial units;
master plans of cities and other settlements and their systems;
projects of urban and township administrative features, as well as rural settlements;
master plans of the territories subordinated to rural (district) Councils, as well as residential, industrial, recreational and other functional areas;
territorial complex schemes of nature conservation and wildlife management zones of intensive economic development and unique natural values, including activities for the prevention of and protection from dangerous natural and technological processes;
detailed planning projects Community Center, residential areas, highways;
projects of residential areas and sections of cities and other settlements.
According to customer's requirements can be fulfilled in other kinds of planning documentation.
3. Each type of planning documentation corresponds to specific urban planning with a certain scale, has its purpose and content, as well as the modalities of the examination, approval and harmonization, established by the Government of the Russian Federation and the Governments of the Republics comprising the Russian Federation in accordance with the urban planning legislation.
4. the master plan of the city, another settlement, the territory subordinate to the agriculture (district) Council is the principal legal instrument, defining for the population living conditions, directions and boundaries of territorial development, zoning, building and landscaping, preservation of historical, cultural and natural heritage.
5. Approved by the town planning documentation is obligatory for execution by all parties of urban planning. Changes in the urban planning documentation is carried out only with the permission of the approving her body.
6. Town-planning documentation is prepared, as a rule, on a competitive basis, is the property of the customer and be placed at the disposal of the relevant bodies of architecture and urbanism.
II. implementation of urban development Article 7. The customer's rights in urban planning 1. All customers, investors, real estate developers in accordance with this law shall have equal rights in the implementation of planning and investment.
2. Customers planning documentation are public authorities and administrative bodies of local self-government, organizations, institutions and other legal entities.
The customer has the right to enter into and terminate the agreement (contract) on the envisaged conditions on the implementation of urban planning documentation, overseeing its development and examination, as well as to participate in the negotiation and implementation of town-planning documentation.
3. the customer (developer) in accordance with the approved town planning documents independently defines the objects of urban planning, direction, amount of work, the size of capital investments at its discretion attracts contract, mostly competitive, basis (including through auctions and bidding a contract) of individuals and entities for the implementation of urban planning documentation.
4. the customer (developer), non-user objects of city planning, has right to supervise their proper use and implement in its relations with the users of these objects of other rights under the agreement (contract) and legislative acts in force in the territory of the Russian Federation.
5. the customer (developer) have the right to carry out investment insurance from environmental risks, including from possible damage due to natural and anthropogenic processes, natural disasters, as well as pass on agreement (contract) their entitlement to other legal entities and natural persons in accordance with the law.
Legislation of the Russian Federation and the Republics comprising the Russian Federation defines the objects of urban planning (specially protected area), ownership of which are not transferable, that does not preclude the right of ownership, operational control or participation in the use of these objects.
Article 8. The rights of citizens and other users of objects of urban planning urban planning objects Users are citizens, their associations, public and other organizations, institutions, enterprises and other legal entities, as well as foreign natural and legal persons.
Urban objects users are entitled to: meet ecological and sanitary-hygienic requirements Wednesday habitats;
reliable information on the State of the surrounding cities Wednesday, other settlements and their systems;
providing household, socio-cultural and other living conditions in cities and other settlements in accordance with the approved standards;
construction on the space provided or acquired land plot residential houses and other objects that meet existing standards, building regulations and approved by the town planning documentation;
participate in the discussion of urban development projects prior to their approval, as well as the development of alternative projects;
independent expertise, including technical and environmental, urban planning projects.
Article 9. Law of urban planning documentation developer Developer planning documentation has the right to exercise, in accordance with the legislation of the Russian Federation on the basis of the license certificate, agreement (contract) with the customer development planning documentation, receive from the customer information necessary for the development of projects, implemented on the basis of the agreement (contract) with the customer, supervision of the implementation of urban planning documentation. The licensing procedure is established by the Government of the Russian Federation.
Copyright in the design of urban planning documentation is defined and protected by the laws of the Russian Federation.
Article 10. Responsibilities of the actors of urban planning 1. Actors city planning must: comply with State regulations, rules of building cities and other settlements and their systems approved by the urban planning documentation;
comply with the requirements of Government monitoring and oversight bodies and officials placed within their competence;
to ensure compliance with the decisions of local authorities and planning management, construction, landscaping and greening of cities and other settlements and their systems, adopted in accordance with the approved town planning documents;
to protect and improve Habitat Wednesday;
to preserve monuments of town planning and architecture, history and culture, natural landscape;
use of land, other real estate and natural resources in accordance with applicable laws, rules of construction, land tenure and land use.
2. subjects of urban planning, performing certain jobs must have a licence or certificate for the right to carry out its activities. The list of such works and the procedure for the issuance of licences (certificates, certificates) shall be established by the Government of the Russian Federation and the Governments of the Republics comprising the Russian Federation.
Article 11. Relations between the subjects of urban planning Urban relations-concerted action by stakeholders (participants, partners) of urban planning on the creation, development, reconstruction and preservation of urban planning.

1. the main legal instruments governing relations of the subjects of urban planning are agreement (contract) between them, the decisions of the relevant bodies of State power and administration in accordance with the established procedure in lifelong heritable domain, indefinite (permanent) and loan, transfer of ownership, sale and rental of land, other real property and permission to conduct design and survey and construction works issued in the manner prescribed by the legislation of the Russian Federation.
The conclusion of the agreement (contract), the choice of partners, definition of obligations or other conditions of urban development relations between participants, do not contradict the legislation of the Russian Federation and legislation of the Republics comprising the Russian Federation are the exclusive competence of the subjects of urban planning. In the implementation of the contractual relations between them not allowed interference by State bodies and officials outside their competence.
2. the participants of urban relations in the exercise of their rights and duties, should proceed from the need to observe the interests of all actors in urban development.
Terms and conditions of the agreement (contract) between the actors of urban planning, shall remain valid for the duration of its validity. In cases where after conclusion of the contract (contract) law in force in the territory of the Russian Federation, conditions which adversely affect the situation of the partners agreement (contract) may be amended or terminated only by mutual agreement of the parties.
Article 12. Sources of financing for Urban Development Planning activities are carried out at the expense of own financial resources and means to the customer (the investor, Builder), centralized funds, associations, institutions, enterprises, allocations from the federal budget, the budgets of the national State and administrative-territorial entities, the relevant extrabudgetary funds, as well as foreign investment in the manner prescribed by the legislation of the Russian Federation.
Article 13. The competence of the authorities of the Russian Federation, republics of the Russian Federation, territories, oblasts, autonomous oblast, autonomous prefectures, cities, Moscow and St. Petersburg and Interaction of bodies of local self-government authorities of the Russian Federation, republics of the Russian Federation, territories, oblasts, autonomous oblast and autonomous okrugs, the cities of Moscow and St. Petersburg and self-governance bodies in the area of urban planning is carried out by the joint development and implementation of the Federal urban policy corresponding national and interregional urban programmes and projections, projects and regulations, providing favorable conditions of population residence, as well as the establishment of data banks on the status of the territories, the settlements and the reference territorial cadastre.
Bodies of State power and management of the Russian Federation, republics of the Russian Federation, territories, oblasts, autonomous oblast, autonomous prefectures, cities, Moscow and St. Petersburg shall establish, within its competence, order the implementation of urban development activities in their territories and to protect the rights and legally protected interests of its participants.
Bodies of State power and administration comprising the Russian Federation republics, krais, oblasts, autonomous oblast, autonomous districts and local government bodies within its competence, monitor the compliance with regulations in the area of financing for urban development, examination results and implementation of town-planning documentation, as well as agree on questions of industrial, residential, recreational and other functional areas and objects, use of natural resources, the protection of historical and cultural heritage and the environment Wednesday.
Bodies of local self-government in accordance with agreed and approved in the prescribed manner town planning documents provide its implementation within the established deadlines, adherence to norms of urban development, as well as keeping the reference plan of the settlement.
Article 14. State regulation of urban planning public regulation of urban planning, conducting urban policies aimed at socio-economic and scientific-technical development society are carried out by State authorities of the Russian Federation, republics of the Russian Federation, territories, oblasts, autonomous oblast, autonomous prefectures, cities, Moscow and St. Petersburg, local self-government bodies within their competence and in accordance with this law, other legislative acts of the Russian Federation and State programs and provides : Office of State capital investments in the creation and development of social and productive infrastructures;
Regulation of tax policy;
the provision of grants, subsidies, subventions and other kinds of budgetary and extrabudgetary financial and material assistance to the development of urban planning;
monitoring of urban regulations and standards;
implementation of anti-monopoly measures, privatization of State property, including incomplete construction objects;
conduct of the examination, including technical and environmental, urban planning.
Article 15. State regulation of urban development activities in special circumstances Order the implementation of urban planning in particular conditions (prevention of disasters and catastrophes and other emergencies and disaster on the territory of the Russian Federation) is determined by the State authorities of the Russian Federation, republics of the Russian Federation, territories, oblasts, autonomous oblast, autonomous districts of the cities of Moscow and St. Petersburg and local authorities within the limits of their competence.
Funding for this activity is financed by trust funds and reserve.
Article 16. Encouraging urban development Promotion of urban planning is carried out by State authorities of the Russian Federation, republics of the Russian Federation, territories, oblasts, autonomous oblast, autonomous districts and local authorities the following measures: establishment of procedures for granting and withdrawing land plots, other real estate and resources, as well as the establishment of tax rates and ratios given urban situation in accordance with the legislation of the Russian Federation and the republics within the Russian Federation;
the announcement of the alienation of land, property and other property in the public interest;
the creation of the necessary amount of land prepared for building;
ensuring the timely construction of systems engineering and transport communications and structures;
promotion of insurance of residential areas from the risk of environmental damage from industrial activities, transport, energy, high-frequency and other objects;
monitoring the duration of construction permits.
Article 17. Authorities supervising the town planning activities of monitoring of implementation of this law shall be carried out by bodies of architecture and urbanism, outside authorities of the Russian Federation, republics of the Russian Federation, territories, oblasts, autonomous oblast, autonomous prefectures, cities, Moscow and St. Petersburg, bodies of local self-government.
Bodies of architecture and town planning are operating in areas, towns, cities and other settlements in accordance with the sample provisions approved in the prescribed manner.
In accordance with this law and issued its development legislation bodies of architecture and town-planning in consultation with local authorities carry out the establishment of the administrative features of cities and other settlements and land allocation on the basis of the approved planning documentation, monitoring of the development and implementation of urban planning documentation, the issuance of architecture planning and design jobs are involved in the licensing of developers of urban development projects and artists work (contractors) as well as providing other services to citizens, institutions and businesses, others in urban planning.
III. the State guarantees the rights of subjects of urban planning. Responsibility for violation of city planning law of the Russian Federation, article 18. The State guarantees the rights of subjects of urban planning

The State guarantees in accordance with this law, other legislative acts of the Russian Federation all actors city planning irrespective of their form of ownership and equal citizenship rights and interests protected by law in the implementation of urban planning, transparency in the discussion of urban planning documentation, as well as the right to judicial review of any wrongdoing.
Article 19. Liability for violation of city planning laws 1. For violation of city planning law of the Russian Federation shall apply disciplinary, administrative, and in cases stipulated by law, criminal liability.
2. the application of these types of responsibility did not absolve perpetrators of redress.
3. A violation of this Act officials shall be punishable by a fine in the amount of: for breach of the established procedure for the approval of urban planning documentation, as well as making changes to it without the permission of the approving her body from 15-to 20-times the legal minimum wage there (hereinafter referred to as the minimum wage);
for the implementation of urban development activities without a license certificate-from-10 up to 15 times the minimum wage;
for violation of the rights of citizens to participate in the discussion, the development of alternative projects and independent examination of urban development projects-from-12 to 17 times the minimum wage;
for obstructing the control bodies of architecture and town-planning of the implementation of urban planning from 10-to-15 times the minimum wage;
for exceeding its competence and interference with contractual relations actors city planning-from-12 to 15 times the minimum wage.
4. the procedure and terms of the offences listed in paragraph 3 of this article shall be governed by the code of CRIMINAL PROCEDURE of the RSFSR on administrative offences.
Cases of offences are tried before a judge alone according to the subjects of urban development, people's deputies of Councils of all levels, either on the initiative of the Prosecutor.
Article 20. Dispute resolution on urban planning 1. Disputes between the subjects of urban development activities allowed local councils of people's deputies, local administration, Court, Court of arbitration and the arbitral tribunal within its competence and in accordance with the legislation of the Russian Federation.
2. disputes between the subjects of urban planning which the territories of different Republics within the Russian Federation, territories, oblasts, autonomous oblast, autonomous okrugs, dealt with commissions (Court of arbitration), formed on a parity basis from representatives of the territories.
In the event that the Commission (Court of arbitration) did not come to an agreed solution, disputes are settled by the Supreme Council of the Russian Federation.
3. disputes between the subjects of urban planning on the granting, withdrawal and redemption of land and other property, demolition of buildings, as well as complaints against decisions of the organs of local self-government on urban development shall be settled in the manner prescribed by the legislation of the Russian Federation.
4. the debate on urban development between enterprises, institutions and organizations are considering arbitration courts of the Russian Federation in accordance with their competence.
5. Based on the results of consideration of disputes between actors city planning by relevant State authorities and local self-government bodies, decisions are made in a month's time, which provides the procedure for their enforcement and remedial action.
IV. International treaties on urban development Article 21. International treaties on urban planning urban treaties concluded by the State authorities of the Russian Federation, republics of the Russian Federation, territories, oblasts, autonomous oblast and autonomous okrugs shall be carried out in accordance with this law and the norms of international law.
Article 22. Town planning activities of citizens and legal entities of the Russian Federation on the territory of a foreign State and foreign natural and legal persons on the territory of the Russian Federation 1. Citizens and legal persons of the Russian Federation carry out urban activities abroad in accordance with the present law, legislative acts of foreign States and international agreements.
If international law stipulates other rules than those prescribed in this Act, the rules of international law apply.
2. Town planning activities of foreign States, foreign natural and legal persons and international organizations on the territory of the Russian Federation are regulated by this law and other legislative acts in force in the territory of the Russian Federation, in the presence of the license certificate issued in the order established by this law.
Russian President Boris Yeltsin in Moscow, the Russian House of Soviets July 14, 1992 N 3295-I