On The Fundamentals Of Urban Development In The Russian Federation

Original Language Title: Об основах градостроительства в Российской Федерации

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Spconsumed by Code of the Russian Federation of 07.05.98 N 73-FZ A for the Russian Federation Law of 19.07.95 g. N 112-FZ) This Law establishes the basis of federal urban policy and, together with legislative and other normative acts of the Russian Federation and constituent entities, forms the basis of the legal framework Regulating urban planning to ensure an enabling environment for human and social life, effective development of resettlement systems and the deployment of productive forces, rational planning, development and urban upgrading, Other settlements, productive and social development infrastructures, conservation and preservation of historical and cultural heritage. The law is aimed at creating a healthy and safe habitat for the population, equal protection of rights and legally protected interests of urban planning agents throughout the Russian Federation irrespective of the form of ownership and nationality. I. General provisions Article 1. Urban planning in the Russian Federation 1. Urban planning in the Russian Federation-activity on the spatial organization of settlement systems aimed at the development of cities and other settlements, creation of conditions for their territorial development, formation of production, social, engineering and transport infrastructures, construction, reconstruction, repair and restoration, upgrading, other functional alteration of buildings, structures and their complexes, landscaping facilities, landscaping, resizing and The boundaries of land and other real estate. 2. Urban planning in the Russian Federation, national-state, administrative-territorial entities and free economic zones is carried out on the basis of the interests of the citizens, conditions of historical settlement, prospects and prospects Socio-economic development, national-ethnic, historical and cultural particularities, environmental, natural and climatic and geological conditions of the terrain, taking into account the public opinion expressed by local authorities and assemblies of citizens and through other territorial forms Direct democracy. 3. Urban planning in the Russian Federation is carried out by urban planners in accordance with this Law and its legislative acts, decisions of public authorities and administration, Urban-planning regulations adopted in the planning and development of cities, other settlements within their areas of competence, urban planning documents, urban regulations, other settlements and their systems, Health and sanitation requirements. 4. The main concepts used in this Law are: urban policy-purposeful activity of the state to form a favorable habitat for the population based on conditions of historical settlement, Prospects for the social and economic development of societies, national and ethnic and other local peculiarities; town planning forecast is the result of an integrated assessment of the environmental and urban development situation, analysis of social, economic, engineering, construction, sanitation and hygiene conditions and trends in the development of the territory using a scientifically based vision; town planning programmes-textual, tabular and graphical documents, including a set of planned and practical measures for achieving urban planning, taking into account environmental management, resource saving and preservation of historical and cultural heritage; urban planning documentation-system of design and design stages and implementation of urban projections and programmes, as well as the implementation of investments; the settlement system is the spatial organization of interconnected cities and other settlements that provide for the satisfaction of the productive, social, labour and spiritual needs of the population, as well as Implementation of effective environmental protection measures; real estate in urban planning, urban land, other settlements and other functional areas with established boundaries and rights of property; structures above and under These lands are used for urban development; Stationary buildings, including construction in progress; engineering, transport infrastructure and improvement facilities; green spaces with a multi-year development cycle on these lands; land reference plan, settlements- Mapping of the current urban and environmental situation as a result of economic and other activities; of the population and including the cartographic (visual, statistical and textual information) consisting of land, water, forestry and other sectoral inventories. Article 2: The main directions of urban development activities The main directions of urban development are: territorial settlement organization, location of productive activities forces, sustainable urban development, other settlements and their social, engineering and transport infrastructure, taking into account the state of the environment; Implementation of the rights of citizens to health promotion, and spiritual development; planning, building, reconstruction, landscaping and landscaping of cities, other settlements and their systems; good land use, nature conservation, resource conservation, urban engineering, Other settlements and protection of territories from dangerous natural and technological processes; development of sanatorium-resort and other recreational areas; preservation, restoration and protection of historical and cultural heritage, monuments urban planning, architecture and monumental art, landscapes and other protected areas. Article 3. In accordance with the main directions of urban development in the Russian Federation, its objects are: territory of the Russian Federation; Geographical regions of national-State, administrative-territorial entities, clusters (agro-industrial, hydro-technical, industrial) complexes; Recreational and specially protected areas; cities, other settlements of all categories and types; residential, other areas, community centres, zones, neighbourhoods and lots; town planning, architectural, landscape complexes, parks, ensembles, buildings, structures, monuments of history and culture; Engineering, transport and communications systems. The works of town-planning art, which are of universally recognized artistic value, are protected by the State. Article 4. Actors (participants, partners) of urban development activities Actors (participants, partners) of urban planning in the Russian Federation are: citizens, their associations, public and others organizations, institutions, enterprises, other legal entities that are customers, investors, developers, developers of urban planning documents, performers and users of investment and urban development activities, irrespective of the form of ownership, as well as of the State, international organizations, foreign natural and legal persons; State administration and management bodies subordinate to them, organs of architecture and town planning, as well as local self-government units Urban planning activities in accordance with their competence. Article 5. Town Planning Standards 1. Urban planning standards are a means of state regulation of urban planning and provide the necessary set of quantitative and qualitative indicators for the development and implementation of urban planning documents, Detailed provisions of the legislation on the treatment of the demographic, natural and climatic, geological, hydrogeological and ecological conditions, the needs of persons with disabilities, the disabled, the needs of children and young people, ablution, firefighting and other required. (In the wording of the Federal Law of 19.07.95) N 112-F) 2. Urban standards are being developed for a period of time by the State administration and the administration of the Russian Federation, which are the basis for State, departmental and independent expertise, and control of urban planning activities, as well as to address the controversial urban issues, including the judiciary. Taking regional specificities into account, urban regulations are developed by the republics in the Russian Federation under this Law, Town Planning Code of the Russian Federation, other pieces of legislation. 3. The rules of urban development and other settlements are a means of regulating urban planning at the local level, detailing the peculiarities of the settlements with the provisions of town planning legislation, urban and other cities and towns. Regulations. Article 6. Urban planning documentation 1. Urban planning documentation is a single system of interrelated project documents that makes it mandatory for previously approved design documents to be taken into account in the development of subsequent projects, and serves as the basis for the design of projects Housing, industrial and community facilities, is being developed on the basis of forecasts of the resource potential of the territories and is in line with the State control and supervision authorities. 2. The main urban planning documents developed on the basis of urban planning forecasts and programmes: general scheme for the resettlement, management and territorial organization of the productive forces of the Russian Federation; Schemes for the settlement, environmental management and territorial organization of the productive forces of major geographical regions and national-state entities; schemes and projects of regional planning, of administrative and territorial entities; master plans of cities, other settlements and their systems; urban and village administration projects, as well as rural settlements; the general plans of the territories under the authority of the rural (district) Councils, as well as those of the rural, industrial, Recreational and other functional areas; territorial integrated conservation and management schemes for intensive economic development and unique natural significance, including prevention and protection activities from of dangerous natural and technological processes; projects The detailed planning of the public center, residential areas, city highways; projects for the development of neighbourhoods and sections of cities and other settlements. Other forms of town planning can be performed on the customer's job. 3. Each type of town-planning document corresponds to specific objects of urban planning, has been completed on a certain scale, has its purpose and content, as well as the procedure for carrying out the examination, approval and approval, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The master plan of the city, the other settlement, the territory of the rural (district) council is the main legal document defining the living conditions, directions and boundaries of territorial development for the benefit of the population. Functional zoning, development and landscaping, preservation of historical-cultural and natural heritage. 5. The approved town-planning documentation is binding on all urban development actors. Changes to urban planning documents are carried out only with the approval of the approving authority. 6. Urban documentation is being developed as a rule on a competitive basis, is the property of the employer and is placed at the disposal of the relevant architectural and urban institutions. II. Implementation of urban planning Article 7. Customer rights in urban planning 1. All customers, investors, developers in accordance with this Law have equal rights to the implementation of urban and investment activities. 2. The clients of the town planning documentation are the bodies of state power and administration, local authorities, organizations, institutions and other legal entities. The customer has the right to conclude and dissolve the contract (contract) under the conditions it provides for the execution of town planning documents, to monitor the progress of its development and to conduct the examination, and to participate in Harmonization and implementation of urban planning documents. 3. The developer (developer), in accordance with the approved town planning documentation, independently determines the objects of town planning activity, direction, volume of works, the size of capital investments and attracts the contractual, The most competitive, basis (including through auctions and tendering) of natural and legal persons for the implementation of urban planning documentation. 4. The customer (developer) who is not a user of town planning activities has the right to control their intended use and to exercise other rights under the contract with the users of these objects of the Russian Federation. 5. Customer (developer) is entitled to make insurance of investments against environmental risk, including possible damage due to natural and man-made processes, natural disasters, and to transfer under the contract (contract) his authority Other legal and natural persons, in accordance with the procedure established by law. The legislation of the Russian Federation and republics within the Russian Federation defines town planning facilities (specially protected areas), the ownership of which is not subject to transfer, which does not exclude The ability to own, manage, or participate in the use of these objects. Article 8. The rights of citizens and other users of objects urban activity The users of urban planning objects are citizens, their associations, social and other organizations, institutions, enterprises, Other legal persons as well as foreign natural and legal persons. Users of town planning facilities have the right to: environmental and hygienic living conditions; reliable information on the state of the environment of cities, other settlements and their systems; provision of residential, socio-cultural and other conditions of residence in cities and other settlements in accordance with approved standards; ResidHouses, other facilities responsible for the standards, development rules and approved town planning documentation; participate in urban planning discussion before they are approved, and develop alternative projects; independent expertise, including Technical and ecological, urban projects. Article 9. The rights of the developer of town planning documents The developer of urban documentation has the right to carry out in accordance with the legislation of the Russian Federation on the basis of the license certificate, the contract (s) with The developer of the development of town planning documentation, to receive from the customer the information necessary for the development of projects, to implement on the basis of the contract (contract) with the customer the author's supervision of the implementation of the town planning documentation. The licensing procedure is established by the Government of the Russian Federation. The law of the Russian Federation defines and protects the development of urban documentation. Article 10. Responsibilities of town planning activities 1. Urban development actors are obliged to: comply with government regulations, urban development regulations, other settlements and their systems, approved town planning documents; control and supervision authorities and officials within their competence; to enforce decisions of local authorities and management in the planning, development, landscaping and landscaping of the cities, settlements and their systems adopted in accordance with urban planning documentation; to conserve and improve the environment; to preserve city planning and architecture, history and culture, natural landscape; to use land, other real estate and natural resources, in accordance with the legislation in force, the rules of development, land ownership and land use. 2. Urban planners performing certain types of work must have a licence or certificate to the right to carry out their activities. The list of such works and the procedure for issuing licenses (certificates, certificates) is established by the Government of the Russian Federation and the Governments of the Republics within the Russian Federation. Article 11. Relations between urban development actors activity Graship-building relations-coordinated actions of actors (participants, partners) in urban planning activity on creation, development, reconstruction and preservation Urban planning activities. 1. The principal legal instruments governing the relations of urban planning subjects are the contract (contract) between them, the decisions of the relevant authorities and the administration of the provision of the sentence in the prescribed procedure for life. Inherent possession, permanent (permanent) and temporary use, property transfer, sale and lease of land, other real estate, and design and construction permits issued in order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Opinion (contract), choice of partners, determination of obligations, or other conditions of relationships of participants in urban planning activities not contrary to the legislation of the Russian Federation and the legislation of the republics in the Russian Federation are the exclusive competence of the subjects of urban planning. They are not subject to interference by public authorities or officials beyond their competence in the implementation of treaty relations. 2. In the exercise of their rights and duties, participants in town planning should respect the interests of all urban planning actors. The terms of the contract (contract) entered into between the town planning agents remain valid for the duration of the contract. In cases where, after the conclusion of a contract (contract), the laws in force in the territory of the Russian Federation establish conditions that will worsen the situation of the partners, the contract (contract) may be changed or terminated only by mutual agreement. The agreement of the parties. Article 12. The sources of financing for urban development activities Urban planning activities are carried out at the expense of their own financial resources and the means of the employer (the investor, the developer), the centralized funds of the associations, institutions, enterprises, allocations from the federal budget, budgets of national-state and administrative-territorial entities, relevant extra-budgetary funds, and foreign investments in the manner provided for in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 13. Competence of the State authorities and of the Russian Federation, the republics of the Russian Federation, the Russian Federation, the Regions, the Autonomous Regions, the Autonomous Regions, and the City of Moscow of the Russian Federation, the republics of the Russian Federation, the Russian Federation, the provinces, the autonomous regions and the autonomous regions of the Russian Federation districts, cities of Moscow and St. Petersburg and local authorities Self-government in urban planning is implemented through the joint development and implementation of federal urban planning policies, relevant national and interregional urban plans and projects, and projects and Regulations providing favourable conditions of residence of the population, as well as the establishment of data banks on the state of territories, settlements and maintenance of the territorial cadastre. State authorities and administrations of the Russian Federation, republics of the Russian Federation, the provinces, regions, autonomous regions, autonomous prefects and cities of Moscow and St. Petersburg are established within the limits of their competence The procedure for the implementation of urban planning in their territories and the protection of rights and legally protected interests of its participants. State authorities and administrations of the republics of the Russian Federation, the provinces, regions, autonomous regions, autonomous prefects and local authorities within their powers control the observance of the normative Acts in the field of financing of urban planning, the results of the examination and the implementation of town planning documents, as well as coordinating the issues of formation of industrial, selytizing, recreational and other functional areas and objects, the use of natural resources, the protection of the historical and cultural heritage and the environment. Local governments, in accordance with the agreed and approved town-planning documentation, ensure its implementation within the established time frame, the observance of urban regulations and maintenance of the territory of the settlement. Article 14. State regulation of urban planning activities State regulation of urban planning, implementation of urban planning policies aimed at socio-economic and scientific-technical The development of the society is carried out by the organs of state power and administration of the Russian Federation, the republics of the Russian Federation, the provinces, the autonomous regions, the autonomous prefects, the cities of Moscow and St. Petersburg, and the local authorities. within their competence and in accordance with This Act, other legislative acts of the Russian Federation and State programmes, provide: the management of public capital investments in the creation and development of social and productive infrastructures; Tax policy regulation; subsidies, subsidies, subventions, other fiscal and extra-budgetary forms of financial and material assistance for urban development; monitoring compliance with town planning regulations and standards; implementation of antitrust measures, privatization of public property, including construction in progress; Urban planning documentation. Article 15. State regulation of urban development activities under special conditions Order of implementation of urban planning in special conditions (prevention of disasters, other emergency situations, and of the Russian Federation, the republics of the Russian Federation, the provinces, regions, autonomous regions and the autonomous prefects of the Russian Federation) and St. Petersburg and local governments within their competence. This activity is funded through trust and reserve budget funds. Article 16. Stimulating urban planning activities The promotion of urban planning is carried out by the Russian Federation, the republics of the Russian Federation and the Russian Federation, regions and regions. of the autonomous regions, autonomous prefecates and local governments, by the following measures: establishing procedures for the provision and withdrawal of land, other real estate and resources, and the establishment of tax rates and of the urban planning and development of the OF THE PRESIDENT OF THE RUSSIAN FEDERATION AND THE RUSSIAN FEDERATION; Stations prepared for development; ensuring the timely construction of systems of engineering and transport communications and structures; promoting the insurance of the selebyb areas from the risk of environmental damage industrial, transport, energy, High frequency and other objects; control of construction permits. Article 17. Control of town planning Control of the execution of this Law is carried out by the organs of architecture and town planning, which are part of the structure of public authorities and OF THE PRESIDENT OF THE RUSSIAN FEDERATION The architecture and town planning authorities operate in areas, cities, areas of cities and other settlements, in accordance with the indicative regulations approved in due course. In accordance with this Law and the legislative enactments issued in its development, the organs of architecture and town planning, in consultation with the local authorities, shall establish the administrative trait of the city, of other settlements and allocation of land on the basis of approved town planning documents, control over the development and implementation of town planning documents, the issuance of design planning work assignments and participate in Licensing of town-planning projects and performers Work (contractors), as well as other services to citizens, institutions and enterprises, other urban development actors. III. State guarantees of the rights of subjects of urban planning. Responsibility for the violation of urban legislation Russian Federation Article 18. State guarantees of the rights of subjects urban development The State guarantees, in accordance with this Law, other legislative acts of the Russian Federation to all subjects of urban development. activities, regardless of the form of ownership and nationality, to ensure equal rights and legally protected interests in the conduct of urban planning activities, to make public the discussion of town planning documents and the right of appeal to court order of any wrongdoing. Article 19. Responsible for breaking up town planning legislation 1. Violations of the Russian Federation's urban legislation are subject to disciplinary, administrative and, in the cases provided for by law, criminal liability. 2. The application of these types of liability does not absolve the perpetrators of the damage caused. 3. Violation of this Act by officials shall result in the imposition of a fine in the amount of: for violation of the established procedure for approval of town planning documents, as well as amending it without the authorization of the approved body. -up to 20 times the minimum wage established by law (hereinafter: the minimum wage); for carrying out urban development activities without a license certificate-from 10 to 15 times the minimum wage wages; for violation of the rights of citizens to participate in discussing, developing alternative projects and conducting an independent review of town-planning projects, ranging from 12 to 17 times the minimum wage; for obstructing the control of the architecture; and Urban planning for the implementation of town planning documents from 10 to 15 times the minimum wage; for exceeding its competence and intervening in the contractual relations of urban planning actors-from 12 -up to 15 times the minimum wage. 4. The procedure and time limits for the consideration of offences referred to in paragraph 3 of this article are governed by the Administrative Code of the RSFSR. Offences.The offences are considered by the judge alone at the request of the town planning community, the people's deputies of the Councils at all levels, or at the initiative of the prosecutor. Article 20. Settlement of disputes over town planning activity 1. Disputes between urban planning agents are resolved by local Councils of People's Deputies, the local administration, the court, the arbitral tribunal and the arbitral tribunal within their jurisdiction and in accordance with the law of the Russian Federation. THE RUSSIAN FEDERATION 2. Disputes between urban planning agents in the territories of different republics within the Russian Federation, regions, regions, autonomous regions, autonomous prefects are considered by commissions (tribunals) formed on the basis of Committee of the Permanent Mission of the If the commission (the arbitral tribunal) has not reached an agreed solution, disputes are settled by the Supreme Council of the Russian Federation. 3. Disputes between urban development actors to grant, seize and buy back land and other real estate, demolitions of buildings, as well as complaints against decisions of local governments on urban planning are resolved in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. Disputes concerning urban planning between enterprises, institutions and organizations are considered by the arbitral tribunals of the Russian Federation in accordance with their competence. 5. As a result of the review of disputes between urban planning agents, the relevant authorities of the State administration and the local government within a month shall take decisions that stipulate the order of their activities. and measures for the restoration of violated rights. IV. International town planning activity Article 21. International urban development treaties activities International urban planning treaties concluded by the Russian Federation, the Russian Federation and the Russian Federation The Federation, the Regions, the Regions, the Autonomous Regions and the Autonomous Regions must be carried out in accordance with this Law and the rules of international law. Article 22. Shipbuilding activities of citizens and legal entities of the Russian Federation on the territories of foreign states and foreign natural and legal persons on the territory of the Russian Federation 1. Citizens and legal entities of the Russian Federation carry out urban activities abroad in accordance with this Law, the laws of foreign states and international agreements. If international law establishes rules other than those specified in this Act, the rules of international law shall apply. 2. The construction activities of foreign states, foreign natural and legal persons and international organizations in the territory of the Russian Federation are regulated by this Law and other legislation in force in the territory of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION President of the Russian Federation ELTSIN Moscow, House of Soviet Russia July 14, 1992 N 3295-I