ST 1 GrK RF. For the purposes of this Code, the following basic concepts are used:

For the purposes of this Code, the following basic concepts are used:

1) urban planning activities - activities for the development of territories, including cities and other settlements, carried out in the form of territorial planning, urban zoning, territory planning, architectural and construction design, construction, overhaul, reconstruction, demolition of capital construction objects, operation of buildings, structures, landscaping;

2) territorial planning - planning for 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;

3) sustainable development of territories - ensuring safety and favorable conditions for human life during the implementation of urban planning activities, limiting the negative impact of economic and other activities on the environment and ensuring the protection and rational use of natural resources in the interests of present and future generations;

4) zones with special conditions for the use of territories - security, sanitary protection zones, zones for the protection of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation (hereinafter - cultural heritage objects), protective zones of cultural heritage objects, water protection zones, flood zones, flooding, zones of sanitary protection of sources of drinking and household water supply, zones of protected objects, near-aerodrome territory, other zones established in accordance with the legislation of the Russian Federation;

5) functional zones - zones for which the boundaries and functional purpose are defined by territorial planning documents;

6) urban planning zoning - zoning of the territories of municipalities in order to determine territorial zones and establish urban planning regulations;

7) territorial zones - zones for which the boundaries are defined in the rules for land use and development and urban planning regulations are established;

8) rules for land use and development - a document of urban planning zoning, which is approved by the regulatory legal acts of local governments, regulatory legal acts of state authorities of the constituent entities of the Russian Federation - federal cities of Moscow and St. Petersburg and which establishes territorial zones, urban planning regulations, the procedure for applying such a document and the procedure for amending it;

9) urban planning regulations - types of permitted use of land plots established within the boundaries of the relevant territorial zone, as well as everything that is above and below the surface of land plots and is used in the process of their development and subsequent operation of capital construction facilities, limit (minimum and (or) maximum) the size of land plots and the limiting parameters of permitted construction, reconstruction of capital construction facilities, restrictions on the use of land plots and capital construction facilities, as well as in relation to territories within which it is planned to carry out activities for the integrated and sustainable development of the territory, calculated indicators of the minimum acceptable level of security of the corresponding territory by objects of communal, transport, social infrastructures and calculated indicators of the maximum allowable level of territorial accessibility of these objects for the population;

10) object of capital construction - a building, structure, structure, objects, the construction of which is not completed (hereinafter - objects of construction in progress), with the exception of non-capital buildings, structures and inseparable improvements to the land plot (paving, covering, etc.);

10.1) linear objects - power lines, communication lines (including linear cable structures), pipelines, roads, railway lines and other similar structures;

10.2) non-permanent buildings, structures - buildings, structures that do not have a strong connection with the ground and whose structural characteristics allow them to be moved and (or) dismantled and subsequently assembled without disproportionate damage to the purpose and without changing the main characteristics of buildings, structures (including kiosks, sheds and other similar buildings, structures);

10.3) information model of a capital construction object (hereinafter referred to as the information model) - a set of interrelated information, documents and materials about a capital construction object, generated electronically at the stages of engineering surveys, architectural and construction design, construction, reconstruction, overhaul, operation and (or) demolition of a capital construction object;

11) red lines - lines that indicate the existing, planned (changeable, newly formed) boundaries of the territories of common use and (or) the boundaries of the territories occupied by linear objects and (or) intended for the placement of linear objects;

12) territories of common use - territories that are freely used by an unlimited number of persons (including squares, streets, driveways, embankments, coastal strips of public water bodies, squares, boulevards);

13) construction - the creation of buildings, structures, structures (including on the site of demolished capital construction objects);

14) reconstruction of capital construction objects (with the exception of linear objects) - a change in the parameters of a capital construction object, its parts (height, number of floors, area, volume), including a superstructure, restructuring, expansion of a capital construction object, as well as replacement and (or ) restoration of load-bearing building structures of a capital construction facility, with the exception of replacing individual elements of such structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements;

14.1) reconstruction of linear facilities - a change in the parameters of linear facilities or their sections (parts), which entails a change in the class, category and (or) originally established indicators of the functioning of such facilities (capacity, carrying capacity, etc.) or in which a change in the boundaries of the right of way is required and (or) security zones of such objects;

14.2) overhaul of capital construction objects (with the exception of linear objects) - replacement and (or) restoration of building structures of capital construction objects or elements of such structures, with the exception of load-bearing building structures, replacement and (or) restoration of engineering and technical support systems and engineering networks - technical support of capital construction facilities or their elements, as well as replacement of individual elements of load-bearing building structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements;

14.3) overhaul of linear facilities - a change in the parameters of linear facilities or their sections (parts), which does not entail a change in the class, category and (or) initially established indicators of the functioning of such facilities and which does not require a change in the boundaries of the right of way and (or) security zones of such objects;

14.4) demolition of a capital construction object - liquidation of a capital construction object by its destruction (with the exception of destruction due to natural phenomena or unlawful actions of third parties), dismantling and (or) dismantling of a capital construction object, including its parts;

15) engineering surveys - study of natural conditions and factors of technogenic impact for the purpose of rational and safe use of territories and land plots within them, preparation of data on the substantiation of materials necessary for territorial planning, territory planning and architectural and construction design;

16) a developer - an individual or legal entity that provides on the land plot belonging to him or on the land plot of another right holder (to which, when making budget investments in capital construction objects of state (municipal) property, state authorities (state bodies), the State Atomic Energy Corporation " Rosatom", State Corporation for Space Activities "Roskosmos", management bodies of state extra-budgetary funds or local governments transferred their powers to the state (municipal) customer on the basis of agreements in accordance with Article 13.3 of the Federal Law dated July 29, 2017 N 218-FZ "On a public law company for the protection of the rights of citizens - participants in shared construction in case of insolvency (bankruptcy) of developers and on amendments to certain laws Acts of the Russian Federation" transferred their functions as a developer on the basis of agreements) construction, reconstruction, overhaul, demolition of capital construction facilities, as well as engineering surveys, preparation of project documentation for their construction, reconstruction, overhaul. The developer has the right to transfer its functions, provided for by the legislation on urban planning, to the technical customer;

17) self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul, demolition of capital construction objects (hereinafter also referred to as self-regulatory organization) - a non-profit organization established in the form of an association (union) and based on the membership of individual entrepreneurs and (or) legal entities performing engineering surveys or preparing project documentation or construction, reconstruction, overhaul, demolition of capital construction objects under contracts for the performance of engineering surveys, preparation of project documentation, construction, reconstruction, overhaul, demolition of capital construction objects concluded with the developer, technical customer, the person responsible for the operation of the building, structure, or with a specialized non-profit organization that carries out activities aimed at ensuring the implementation of capital total repair of common property in apartment buildings (hereinafter referred to as the regional operator);

18) objects of federal significance - objects of capital construction, other objects, territories that are necessary for the exercise of powers on issues referred to the jurisdiction of the Russian Federation, state authorities of the Russian Federation by the Constitution of the Russian Federation, federal constitutional laws, federal laws, decisions of the President of the Russian Federation, decisions of the Government of the Russian Federation, and have a significant impact on the socio-economic development of the Russian Federation. The types of objects of federal significance to be displayed on the territorial planning schemes of the Russian Federation in the areas indicated in the areas are determined by the Government of the Russian Federation, with the exception of objects of federal significance in the field of national defense and state security. The types of objects of federal importance in the field of national defense and state security, to be displayed on the territorial planning schemes of the Russian Federation, are determined by the President of the Russian Federation;

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 subject of the Russian Federation, laws of the subject of the Russian Federation, decisions of the highest executive body of state power of the subject of the Russian Federation, and have a significant impact on the socio-economic development of the subject of the Russian Federation. The types of objects of regional importance in the areas indicated in the areas to be displayed on the territorial planning scheme of the subject of the Russian Federation are determined by the law of the subject of the Russian Federation;

20) objects of local importance - objects of capital construction, other objects, territories that are necessary for the exercise by local governments of powers on issues of local importance and within the limits of transferred state powers in accordance with federal laws, the law of a constituent entity of the Russian Federation, charters of municipalities and have a significant influence on the socio-economic development of municipal districts, settlements, urban districts. The types of objects of local importance of a municipal district, settlement, urban district in the areas indicated in and to be displayed on the territorial planning scheme of the municipal district, the master plan of the settlement, the master plan of the urban district, are determined by the law of the subject of the Russian Federation;

21) parking (parking space) - a specially designated and, if necessary, equipped and equipped place, which is, among other things, part of a highway and (or) adjacent to the carriageway and (or) sidewalk, roadside, overpass or bridge, or which is part of under-overpass or under-bridge spaces, squares and other objects of the road network and intended for organized parking of vehicles on a paid basis or without charging a fee by decision of the owner or other owner of the highway, the owner of the land plot;

22) technical customer - a legal entity that is authorized by the developer and on behalf of the developer concludes agreements on the performance of engineering surveys, on the preparation of project documentation, on construction, reconstruction, overhaul, demolition of capital construction objects, prepares assignments for the performance of these types of work, provides persons who performs engineering surveys and (or) prepares design documentation, construction, reconstruction, overhaul, demolition of capital construction facilities, materials and documents necessary to perform these types of work, approves design documentation, signs the documents necessary to obtain permission to commission an object capital construction into operation, performs other functions provided for by the legislation on urban planning activities (hereinafter also referred to as the functions of the technical customer). The functions of a technical customer can only be performed by a member of the corresponding self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul, demolition of capital construction facilities, except for the cases provided for by Parts 5 and 6 of Article 55.31 of this Code;

23) programs for the integrated development of communal infrastructure systems of a settlement, urban district - documents establishing lists of measures for the design, construction, reconstruction of electric, gas, heat, water supply and sanitation systems, facilities used for processing, recycling, neutralization and disposal of solid household waste, which are provided for, respectively, by the schemes and programs for the development of a unified national (all-Russian) electric grid for a long-term period, the general layout of electric power facilities, the federal gasification program, the relevant interregional, regional gasification programs, heat supply schemes, water supply and sanitation schemes, territorial schemes in the region waste management, including municipal solid waste. Programs for the integrated development of communal infrastructure systems of a settlement, urban district are developed and approved by the local self-government bodies of the settlement, urban district on the basis of master plans approved in accordance with the procedure established by this Code of such a settlement, urban district and must ensure a balanced, long-term development of communal infrastructure systems in accordance with needs in the construction of capital construction facilities and the reliability, energy efficiency of these systems that meet the established requirements, reducing the negative impact on the environment and human health and improving the quality of goods supplied to consumers, services provided in the fields of electricity, gas, heat, water supply and sanitation , as well as services for the processing, disposal, neutralization and disposal of solid municipal waste;

24) a system of communal infrastructure - a complex of technologically interconnected facilities and engineering structures intended for the supply of goods and the provision of services in the areas of electricity, gas, heat, water supply and sanitation to points of connection (technological connection) to engineering systems of electrical , gas, heat, water supply and sanitation of capital construction facilities, as well as facilities used for processing, recycling, neutralization, disposal of municipal solid waste;

25) transport interchange hub - a complex of real estate objects, including a land plot or several land plots with transport infrastructure facilities located on them, above or below them, as well as other objects designed to ensure safe and comfortable passenger service in their places transfers from one mode of transport to another;

26) urban planning standards - a set of design indicators established in order to ensure favorable conditions for human life activity of the minimum allowable level of provision with objects provided for by the population of the constituent entities of the Russian Federation, municipalities and calculated indicators of the maximum permissible level of territorial accessibility of such objects for the population of the constituent entities of the Russian Federation, municipalities ;

27) programs for the integrated development of the transport infrastructure of a settlement, urban district - documents establishing lists of measures for the design, construction, reconstruction of transport infrastructure facilities of local importance of a settlement, urban district, which are also provided for by state and municipal programs, the strategy for the socio-economic development of the municipality and the plan measures for the implementation of the strategy for the socio-economic development of the municipality (if the data of the strategy and plan are available), the plan and program for the integrated socio-economic development of the municipality, investment programs of subjects of natural monopolies in the field of transport. Programs for the integrated development of the transport infrastructure of a settlement, urban district are developed and approved by the local governments of the settlement, urban district on the basis of the master plans of the settlement, urban district approved in the manner established by this Code and must ensure a balanced, promising development of the transport infrastructure of the settlement, urban district in accordance with the needs for construction, reconstruction of transport infrastructure facilities of local importance;

28) programs for the integrated development of the social infrastructure of a settlement, urban district - documents establishing lists of measures for the design, construction, reconstruction of social infrastructure facilities of local importance of a settlement, urban district, which are also provided for by state and municipal programs, the strategy for the socio-economic development of the municipality and the plan measures for the implementation of the strategy for the socio-economic development of the municipality (if the data of the strategy and plan are available), the plan and program for the integrated socio-economic development of the municipality. Programs for the integrated development of the social infrastructure of a settlement, urban district are developed and approved by the local self-government bodies of the settlement, urban district on the basis of the master plans of the settlement, urban district approved in accordance with the procedure established by this Code and must ensure a balanced, promising development of the social infrastructure of the settlement, urban district in accordance with the need for the construction of social infrastructure facilities of local importance;

29) parking place - an individually defined part of a building or structure intended exclusively for the placement of a vehicle, which is not limited or partially limited by a building or other enclosing structure and the boundaries of which are described in the manner established by the legislation on state cadastral registration;

30) the estimated cost of construction, reconstruction, overhaul, demolition of capital construction facilities, work to preserve cultural heritage sites (hereinafter referred to as the estimated cost of construction) - the estimated cost of construction, reconstruction, overhaul, demolition of capital construction facilities, work to preserve cultural heritage sites , to be determined at the stage of architectural and construction design, preparation of estimates for the demolition of a capital construction facility and application in accordance with Article 8.3 of this Code;

31) estimated norms - a set of quantitative indicators of materials, products, structures and equipment, labor costs of workers in construction, the operating time of machines and mechanisms (hereinafter referred to as construction resources) established for the accepted unit of measurement, and other costs used in determining the estimated cost of construction ;

32) estimated prices of building resources - consolidated territorially aggregated documented information on the cost of building resources, established by calculation for an accepted unit of measurement and placed in the federal state information system for pricing in construction;

33) estimated standards - estimated standards and methods necessary to determine the estimated cost of construction, the cost of engineering surveys and the preparation of project documentation, as well as the methodology for the development and application of estimated standards;

33.1) an aggregated construction price standard - an indicator of the need for funds necessary to create a unit of capacity of construction products, intended for planning (justifying) investments (capital investments) in capital construction projects;

34) activities for the integrated and sustainable development of the territory - activities carried out in order to ensure the most efficient use of the territory for the preparation and approval of documentation on the planning of the territory for the placement of capital construction facilities for residential, industrial, public and business and other purposes and necessary for the operation of such facilities and providing the life of citizens of objects of communal, transport, social infrastructure, as well as architectural and construction design, construction, reconstruction of the objects specified in this paragraph;

35) an element of a planning structure - a part of the territory of a settlement, an urban district or an inter-settlement territory of a municipal district (block, microdistrict, district and other similar elements). The types of elements of the planning structure are established by the federal executive body authorized by the Government of the Russian Federation;

36) landscaping - activities for the implementation of a set of measures established by the rules for landscaping the territory of the municipality, aimed at ensuring and improving the comfort of living conditions for citizens, maintaining and improving the sanitary and aesthetic condition of the territory of the municipality, maintaining the territories of settlements and located in such territories objects, including common areas, land plots, buildings, structures, structures, adjacent territories;

37) adjacent territory - a territory of general use, which is adjacent to a building, structure, structure, land plot, if such a land plot is formed, and the boundaries of which are determined by the rules for the improvement of the territory of the municipal formation in accordance with the procedure established by the law of the subject of the Russian Federation;

38) landscaping elements - decorative, technical, planning, structural devices, landscaping elements, various types of equipment and decoration, including facades of buildings, structures, structures, small architectural forms, non-capital non-stationary buildings and structures, information boards and signs used as components of landscaping;

39) an object of individual housing construction - a detached building with the number of above-ground floors of no more than three, no more than twenty meters high, which consists of rooms and premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building , and is not intended to be divided into independent real estate objects. The terms "individual housing construction facility", "residential building" and "individual residential building" shall be used in this Code, other federal laws and other regulatory legal acts of the Russian Federation in the same sense, unless otherwise provided by such federal laws and regulatory legal acts of the Russian Federation . At the same time, the parameters established for individual housing construction objects by this Code shall equally apply to residential buildings, individual residential buildings, unless otherwise provided by such federal laws and regulatory legal acts of the Russian Federation.

Commentary on Art. 1 of the Town Planning Code of the Russian Federation

1. The commented article contains the so-called norms-definitions that determine the content of the basic urban-legal concepts. There are many different classifications of legal norms. Traditionally, there are, firstly, norms-tasks and norms-goals, which contain program provisions, long-term plans for the development of a particular branch of law; secondly, norms-principles containing the basic provisions, the initial beginnings of this industry; thirdly, norms-rules, which are permanent rules of conduct and reflect the systemic properties of law; fourthly, norms-definitions containing basic definitions that allow unambiguous interpretation of legal prescriptions.

The latter means that a different (arbitrary) understanding and use of the term in practice than that formulated in the law is not allowed, as well as its extension to legal phenomena within other branches of law. Therefore, the definition is a certain pointer, with the help of which clarity and accuracy are introduced into the application of the rules of law to specific life circumstances, which allows the case to be resolved correctly. At the same time, the norms-definitions themselves do not contain any rules of conduct, acting only in conjunction with other legal norms. Naturally, their protection is carried out through the sanctions contained in other rules of law.

2. Considering the norms-definitions of the commented article, it is impossible not to conduct a comparative analysis of them with the norms of Article 1 of the old Town Planning Code of the Russian Federation of May 7, 1998. basic provisions of urban regulation), or has undergone certain changes. For example, the definition of "urban planning activities", "red lines", "urban planning regulations" has been preserved in the same form (although their content has changed somewhat). The concepts of "sustainable development of territories" (instead of "sustainable development of settlements and inter-settlement territories"), "urban planning zoning" (instead of "zoning" and "legal zoning"), "rules of land use and development" (instead of "rules of land use and development territories of urban and rural settlements, other municipalities). Separate definitions appeared in the new Civil Code of the Russian Federation for the first time, for example, “territorial planning”, “zones with special conditions for the use of territories”, “functional zones” (the latter term was actively used in urban planning regulations of the constituent entities of the Russian Federation), “territorial zones”, “ capital construction object” (instead of the more general concept of “real estate objects in urban planning”), “common areas”, “construction”, “reconstruction”, “engineering surveys”, “developer”.

A number of terms of the old code were not included in the commented article, for example, “urban planning charter (code)”, “inter-settlement territories”, “state urban planning standards and rules”, “development regulation lines”, “urban planning documentation”, “engineering, transport and social infrastructure”, “permitted use of land plots and other real estate in urban planning”. This circumstance raises a number of questions. For example, the master plan has always been (and objectively is now) a kind of urban planning documentation. However, the basic definition of "urban planning documentation" is absent in the CRC of the Russian Federation. We meet this term only in by-laws, for example, in Decree of the Government of the Russian Federation dated January 26, 2005 No. 40 “On approval of the Regulations on the Ministry of Regional Development of the Russian Federation and on amendments to some acts of the Government of the Russian Federation”.

Neither the old City Planning Code nor the new one included the definition of “human right to favorable living conditions” (in the version of the old code, the right of citizens to a favorable living environment). Meanwhile, the implementation of the stipulated principles of “ensuring the sustainable development of territories” and “participation of citizens and their associations in the implementation of urban planning activities” could become more successful if (without excluding and imploring the significance of the procedures provided for by the code) a detailed definition was fixed in a separate article of this right, its subjects, objects, guarantees and content are indicated, or at least the corresponding norm-definition is included in the commented article.

3. So, a number of definitions are included for the first time in the Civil Code of the Russian Federation in order to avoid unnecessary repetitions and references in the text and to consolidate a single terminological series in relation to all chapters of the Code. The content of individual terms of the commented article is disclosed in detail in subsequent articles of the Russian Civil Code (and comments to them), which makes duplication of text unnecessary. Among them -, and a number of others. Therefore, let us dwell on the consideration of the norms-definitions of this article, the content of which is not disclosed in other articles of the Civil Code of the Russian Federation.

a) the definition of "a zone with special conditions for the use of the territory" contains an indication of a generic category consisting of zones that have a different legal nature and sectoral affiliation. Most of the norms listed in this definition are contained in environmental and sanitary legislation. Thus, the status of a protected zone can be given to territories around certain categories of protected areas (clause 3, article 2 of the Law on Specially Protected Natural Territories); in order to preserve the proper quality of environmentally valuable natural objects (Article 111 of the RF VC on the status of water protection zones); area around the hydrometeorological facility. A separate type of security zones with their own legal regime and peculiarities of the establishment procedure are security zones of an economic object (usually a linear object - a highway, a railway line, etc.).

In order to ensure the safety of a cultural heritage object in its historical environment, zones of protection of a cultural heritage object are established on the territory adjacent to it: a buffer zone, a zone for regulating development and economic activity, a zone of protected natural landscape (clause 1, article 34 of the Law on Cultural Heritage).

Protective zones can be established on lands contaminated with radioactive or chemical substances. For example, a zone of protective measures has a special legal status - the territory around a facility for the storage of chemical weapons or a facility for the destruction of chemical weapons (Article 1 of Federal Law No. 76-FZ of May 2, 1997 "On the destruction of chemical weapons" (as amended on November 2001, January 10, 2003, August 22, 2004).

Sanitary protection zones are established around environmentally harmful industrial, agricultural and other facilities in accordance with the Sanitary Rules. With regard to, for example, the issue of ensuring radiation safety, the legislator understands the sanitary protection zone as the territory around a source of ionizing radiation, where the level of exposure of people under normal operation of this source may exceed the established exposure dose limit for the population. In the SPZ, permanent and temporary residence of people is prohibited, a regime is introduced to restrict economic activities and radiation control is carried out (Article 1 of the Federal Law of January 9, 1996 No. 3-FZ "On Radiation Safety of the Population" (as amended on August 22, 2004) A rather specific type of SPZ is the “moral protection” zone, which separates buildings and common areas from a funeral facility.

The novelty of environmental legislation is the allocation of paragraph 2 of Art. 52 of the Law on environmental protection in neighborhoods, microdistricts of urban and rural settlements of the following types of security and protective zones: a) territories; b) green areas, including forest park areas; c) other zones with a limited nature management regime. The above list of zones with special conditions for the use of territories is not exhaustive.

b) under the object of capital construction, the commented article is understood as a building; structure; building; construction in progress. This definition is a further development of the term "property in urban planning" of the old Town Planning Code of the Russian Federation. In accordance with Article 1 of the Law on State Registration, among the objects of real estate, the rights to which are subject to registration, are allocated, including buildings, structures, residential and non-residential premises. All of them are subject to mandatory cadastral registration. As follows from paragraph 6 of article 12 of this law, buildings and structures include apartments, premises and other objects.

A building is a type of architectural and construction objects, including residential and / or non-residential premises, designed to create conditions for people to stay for permanent or temporary residence or to create conditions for work, socio-cultural and other services to the population, as well as storage of material values.

A structure is an engineering and construction facility, the purpose of which is to create the conditions necessary for the implementation of the production process by performing certain technical functions that are not related to changing the object of labor, or for the implementation of various non-production functions. The facilities include, among other things, hydrotechnical, transport, pipeline and other linear facilities that have an industrial and/or social purpose.

Residential premises are isolated premises, which are immovable property and are suitable for permanent residence of citizens (meet the established sanitary and technical rules and regulations, other requirements of the law). Residential premises include a residential building or part of it; an apartment or part of an apartment; room ().

An object of construction in progress is a newly created real estate object that has not been put into operation and not put on cadastral or other records, the ownership of which is subject to state registration on the basis of the will of the owner with the application of title documents for the land plot, building permit, design and estimate documentation and documents containing a description of the object of construction in progress.

c) common areas. The Civil Code of the Russian Federation, when defining this norm-definition, did not make an exhaustive list of common areas, which seems quite logical. The presence of these territories within the boundaries of the lands of settlements was provided for in the Soviet land codes (see, for example, Art. 91 of the Land Code of the RSFSR of 1970). The Civil Code of the Russian Federation does not regulate issues of ownership of these territories, however, this issue is regulated in other regulatory legal acts. So, according to paragraph 8 of Article 28 of the Federal Law of December 21, 2001 No. 178-FZ “On the privatization of state and municipal property” (as amended on May 9, 2005), among others, public land is not subject to alienation. The boundaries of common areas are marked with red lines.

d) builder. We can find the mention of the "developer" in several dozen federal laws and by-laws. For example, in terms of the peculiarities of taxation of foreign organizations when carrying out activities at a construction site, we meet the corresponding references to the "developer" in the Tax Code of the Russian Federation (Article 308) . According to clause 2, article 7 of the Federal Law "On Communications" of July 7, 2003 (as amended on August 22, 2004), telecom operators and developers during the construction and reconstruction of buildings, structures, structures, communication networks and communication facilities must take into account the need to protect communication facilities and communication facilities from unauthorized access to them.

However, there are three norms-definitions that reveal the very definition of a "developer", and these norms are contained in three different federal laws. Firstly, in the commented article of the Civil Code of the Russian Federation, a "developer" is understood as an individual or legal entity that provides construction, reconstruction, overhaul of capital construction facilities on the land plot belonging to him, as well as the performance of engineering surveys, the preparation of project documentation for their construction, reconstruction, overhaul. Secondly, according to paragraph 1 of Article 3 of the Law on Architectural Activities, the customer (developer) - a citizen or legal entity intending to carry out the construction, reconstruction of an architectural object, the construction of which requires a building permit, must have an architectural project completed in in accordance with the architectural and planning task.

Thirdly, according to Article 2 of the Federal Law "On participation in shared construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation" dated December 30, 2004, a "developer" is a legal entity, regardless of its legal form or an individual entrepreneur who owns or leases a land plot and attracts funds from participants in shared construction to create apartment buildings and (or) other real estate on this land plot on the basis of a building permit.

Thus, if we carefully compare all three definitions, we will find several elements that do not overlap. For example, in definitions 1 and 2, a developer can be an individual and a legal entity; in 3 only a legal entity and an individual entrepreneur. In addition, definition 1 is more general, providing for the types of work performed by the developer (construction, reconstruction, repair) as well as the stages of construction work (engineering surveys, development of project documentation). In this sense, definitions 2 and 3 snatch only separate links from the existing system for preparing project documentation, speaking of an architectural and planning task (2) and a building permit (3).

4. The most important terminological problem of the Civil Code of the Russian Federation and all the latest federal legislation regulating public relations related to the urban planning sphere is the discrepancy between the terminological series “settlement - settlement”. The essence of the problem lies in the fact that the "settlement" simultaneously acts as a settlement (cities, villages, villages, villages, etc.) and a municipality. In accordance with Article 11 of the Law on Local Self-Government, the territory of a subject of the Russian Federation is delimited between settlements, and the territories of all settlements, with the exception of the territories of urban districts, as well as inter-settlement territories that arise in territories with a low population density, are part of municipal districts. At the same time, according to paragraph 1 of Article 83 of the Land Code of the Russian Federation, lands of settlements are recognized as lands used and intended for the construction and development of urban and rural settlements and separated by their line from lands of other categories. Consequently, within the territory of a settlement as a municipality, there are rural “settlements” (settlements) as a category of land in the land fund of the Russian Federation, as well as other categories of land (agricultural, forest fund, water fund, reserve, etc.).

The commented article does not add clarity to this issue either. Revealing the concept of “urban planning activity”, it mentions “cities and other settlements”. From the context, it can be understood that “other” refers to rural settlements. However, further in the text, the CRC of the Russian Federation already operates with the concepts of “settlement” as a municipality, and instead of cities, it speaks of “urban districts”. The problem is exacerbated by Articles 4-6 of the Federal Law of July 17, 2001 "On the delimitation of state ownership of land", which determine the procedure for delimiting state ownership of land "settlements" as a category of land (as follows from the context of these articles).

Without setting ourselves the goal of assessing the terminological inconsistency of the legislator, we only note that up to the reduction of regulatory legal acts of various industry affiliations to a “common denominator”, when using the above terminology, one should specify in what context and what is being discussed.

5. Attention should be paid to the fact that the list of urban planning and legal definitions in the commented law is not exhaustive, since other federal laws and by-laws, laws and by-laws of the constituent entities of the Russian Federation, as well as regulatory legal acts of local governments may contain additional norms-definitions that explain the terminology used in the relevant legal act. For example, Article 2 of the Law on Architectural Activities contains such norms-definitions as "architectural planning task", "architectural project", "architectural object", etc. At the same time, it is characteristic that the above-mentioned law contains the norm-definition of "building permit", the procedure for issuing which is determined.

In addition, for example, Article 2 of the Law of the city of Moscow "On Land Use and Development in the City of Moscow" dated May 14, 2003 gives an explanation of the terms "development of a land plot", "formation of a land plot", "development" and some others used in federal regulations.

Urban Planning Code of the Russian Federation of December 29, 2004 N 190-FZ with the latest amendments made by the Federal Law of December 27, 2019 N 472-FZ.

Foreword

The original text of the Town Planning Code of the Russian Federation (GRK RF) was published in Rossiyskaya Gazeta (N 290, December 30, 2004), Collection of Legislation of the Russian Federation on 01/03/2005, N 1 (part 1).

The procedure for the application of the Civil Code of the Russian Federation is established by the Federal Law of December 29, 2004 N 191-FZ "On the Entry into Force of the Town Planning Code of the Russian Federation"

The Civil Code of the Russian Federation is one of the most dynamically changing laws, which, since its adoption, has received dozens of amendments.

Urban Planning Code of the Russian Federation- a comprehensive legislative act designed to regulate relations in the areas of:

• territorial planning,
• urban zoning,
• territory planning,
• design and construction of capital construction facilities, their reconstruction, overhaul, as well as the operation of buildings, structures,
• ensuring the safety of construction, operation of buildings, structures, prevention of natural and man-made emergencies and elimination of their consequences,
• acquisition, termination of the right of self-regulatory organizations in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction projects to issue certificates of admission to work on engineering surveys, preparation of design documentation, construction, reconstruction, overhaul of capital construction projects that affect the safety of capital construction projects,
• creation of artificial land plots and construction of capital construction facilities on such land plots.

GRK RF is the head law in its field of public relations and in accordance with paragraphs. 3, 4 of Article 3 of the Civil Code of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation and municipal self-government bodies containing norms governing relations in the field of urban planning activities cannot contradict the Urban Planning Code of the Russian Federation.

Other (adjacent) legislation applied in urban planning activities may, for example, include the Civil Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, the Water Code of the Russian Federation, the Forest Code of the Russian Federation, the Federal Law "On the sanitary and epidemiological welfare of the population" and other laws. Relations related to urban planning include, first of all, land relations regulated by the Land Code of the Russian Federation.

URBAN PLANNING CODE OF THE RUSSIAN FEDERATION

Chapter 1. General Provisions

Chapter 2. Powers of state bodies
authorities of the Russian Federation, state authorities
authorities of the constituent entities of the Russian Federation, local authorities
self-government in the field of urban planning

Chapter 2.1. Pricing and estimate rationing
in the field of urban planning,
federal register of estimated standards

Chapter 3. Territorial planning

Chapter 4. Urban zoning

Chapter 5

Chapter 5.1. Activities for integrated and sustainable
development of the territory and the procedure for their implementation

Chapter 6. Architectural and construction design, construction,
reconstruction of capital construction objects

Chapter 6.1. Self-regulation in the field of engineering
surveys, architectural and construction design,
construction, reconstruction, overhaul,
demolition of capital construction projects

Chapter 6.2. Operation of buildings, structures

Chapter 6.3. Development of territories for construction purposes
and operation of rental houses

Chapter 6.4. Demolition of capital construction projects

Chapter 7. Information support
urban planning activities

Chapter 8. Responsibility for violation of the law
about urban planning

Chapter 9
activities in the constituent entities of the Russian Federation - cities
federal significance Moscow, St. Petersburg and Sevastopol

The president
Russian Federation
V. PUTIN

The authorized body wants to hold the organization (IE) liable for violation of urban planning standards during construction work (reconstruction, overhaul, etc.) under an agreement concluded at the auction

An organization (IE) disputes liability for violation (including repeated) of urban planning norms during construction work (reconstruction, overhaul, etc.) under a contract concluded at an auction

1. A specialist in the organization of engineering surveys, a specialist in the organization of architectural and construction design, a specialist in the organization of construction is an individual who has the right to carry out, under an employment contract concluded with an individual entrepreneur or a legal entity, the labor functions of organizing the performance of work on engineering surveys, preparation of project documentation, construction, reconstruction, overhaul, demolition of a capital construction object in the position of chief project engineer, chief architect of the project and information about which is included in the national register of specialists in the field of engineering surveys and architectural design or in the national register of specialists in the field of construction .

2. Specialists in the organization of engineering surveys, specialists in the organization of architectural and construction design, information about which is included in the national register of specialists in the field of engineering surveys and architectural and construction design, are involved by an individual entrepreneur or a legal entity under an employment contract in order to organize the performance of work, respectively, according to engineering surveys, preparation of project documentation.

3. The duties of specialists in the organization of engineering surveys, specialists in the organization of architectural and construction design include, respectively:

1) preparation and approval of assignments for the performance of engineering surveys, assignments for the preparation of design documentation for a capital construction facility;

2) determination of criteria for selection of participants in works for the performance of engineering surveys, preparation of design documentation and selection of performers of such works, as well as for coordination of the activities of performers of such works;

3) presentation, approval and acceptance of the results of work on the implementation of engineering surveys, preparation of project documentation;

4) approval of the results of engineering surveys, project documentation;

5) approval, in accordance with Part 15.2 of Article 48 of this Code, of confirmation of compliance of the changes made to the design documentation with the requirements specified in Part 3.8 of Article 49 of this Code.

3.1. The official duty provided for by paragraph 5 of part 3 of this article is performed by a specialist in the organization of architectural and construction design in the position of chief engineer of the project.

4. Specialists in the organization of construction, information about which is included in the national register of specialists in the field of construction, is involved by an individual entrepreneur or legal entity under an employment contract in order to organize the performance of construction, reconstruction, overhaul, demolition of capital construction projects.

(see text in previous edition)

5. The duties of specialists in the organization of construction include:

1) organization of input control of design documentation of a capital construction object, a project for organizing work on the demolition of a capital construction object;

(see text in previous edition)

2) operational planning, coordination, organization and conduct of construction control in the process of construction, reconstruction, overhaul of a capital construction object, operational planning, coordination and organization of the demolition of a capital construction object;

(see text in previous edition)

3) acceptance of completed types and individual stages of construction, reconstruction, overhaul, demolition of capital construction objects, elements, structures and parts of capital construction objects, engineering and technical support networks, their sections with the right to sign the relevant documents;

(see text in previous edition)

4) signing the following documents:

a) the act of acceptance of the capital construction object;

b) a document confirming the compliance of the constructed, reconstructed capital construction facility with the requirements of technical regulations;

c) a document confirming the compliance of the parameters of the constructed, reconstructed capital construction facility with the design documentation, including the requirements for energy efficiency and the requirements for equipping the capital construction facility with metering devices for the energy resources used;

d) a document confirming the compliance of the constructed, reconstructed capital construction facility with the technical conditions for connection (technological connection) to engineering and technical support networks (if any).

6. Information about the individual specified in part 1 of this article is included by the relevant National Association of Self-Regulatory Organizations, respectively, in the national register of specialists in the field of engineering surveys and architectural and construction design, in the national register of specialists in the field of construction (hereinafter also referred to as national registers of specialists) based on the application of such a person, provided that he meets the following minimum requirements:

1) the presence of higher education in the profession, specialty or area of ​​training in the field of construction;

2) the presence of work experience, respectively, in organizations performing engineering surveys, preparing design documentation, construction, reconstruction, overhaul, demolition of capital construction projects in engineering positions for at least three years;

(see text in previous edition)

3) the presence of a total work experience in the profession, specialty or area of ​​training in the field of construction for at least ten years;

4) advanced training of a specialist in the area of ​​training in the field of construction at least once every five years;

5) availability of a work permit (for foreign citizens).

6.1. The federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of construction, architecture, urban planning, may establish additional requirements for the specialist specified in Part 3.1 of this Article.

7. The procedure for including information about an individual in the national registers of specialists and their exclusion from such registers, as well as the list of areas of training in the field of construction, is approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning.

8. The National Association of Self-Regulatory Organizations refuses to include information about an individual in the national register of specialists in the following cases:

2) establishing the fact of submission of documents containing false information;

3) if such an individual has an outstanding or unexpunged conviction for committing an intentional crime;

4) there are decisions in relation to such an individual to exclude information about him from the national register of specialists on the grounds specified in paragraphs 3-5 of part 9 of this article, taken for a period of not more than three years preceding the date of filing the application specified in part 6 of this articles;

5) there are decisions in relation to such an individual to exclude information about him from the national register of specialists, taken for a period of at least two years preceding the date of filing the application specified in part 6 of this article.

9. Information about an individual specified in part 1 of this article shall be excluded from the national register of specialists:

1) based on the application of such an individual;

2) in connection with the death of such an individual (including on the basis of an appeal from a self-regulatory organization);

1. The powers of the state authorities of the Russian Federation in the field of urban planning activities include:

1) preparation and approval of territorial planning documents of the Russian Federation;

2) approval of the territory planning documentation in the cases provided for by this Code;

3) technical regulation in the field of urban planning;

3.1) maintenance of the state register of self-regulatory organizations;

3.2) implementation of state supervision over the activities of self-regulatory organizations;

3.3) applying to an arbitration court with a request to remove information about a self-regulatory organization from the state register of self-regulatory organizations in the cases provided for by this Code and other federal laws;

3.4) establishment of a list of types of work on engineering surveys, preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities that affect the safety of capital construction facilities;

3.5) maintenance of the federal state information system of territorial planning;

3.6) establishment of rules for the formation and maintenance of the construction information classifier;

3.8) establishment of rules for the formation and maintenance of the information model, the composition of information, documents and materials to be included in the information model;

3.9) a list of cases in which the formation and maintenance of an information model are mandatory;

4) establishing the procedure for maintaining the state information system for ensuring the urban planning activities of the Russian Federation, the requirements for the procedure for including information, documents, materials in the form of electronic documents necessary for the implementation of urban planning activities, and (or) information models in such an information system, as well as the procedure for maintaining state information systems for ensuring urban planning activities of the constituent entities of the Russian Federation;

4.1) establishing requirements for programs for the integrated development of communal infrastructure systems of settlements, urban districts, programs for the integrated development of the transport infrastructure of settlements, urban districts, programs for the integrated development of the social infrastructure of settlements, urban districts;

5) has become invalid;

5.1) organizing and conducting state examination of project documentation for facilities, the construction, reconstruction of which is supposed to be carried out in the territories of two or more constituent entities of the Russian Federation (including the reconstruction of facilities located in the territories of two or more constituent entities of the Russian Federation, carried out in the territory of one constituent entity of the Russian Federation), embassies, consulates and representative offices of the Russian Federation abroad, in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of ​​the Russian Federation, defense and security facilities, other objects, information about which constitutes a state secret, federal highways value, capital construction facilities of public railway transport infrastructure and capital construction facilities of air transport infrastructure (in the case of construction of these facilities in within the framework of a concession agreement or other agreements providing for the emergence of the ownership right of the Russian Federation to these objects), cultural heritage objects (monuments of history and culture) of federal significance (in the event that the design and other characteristics of reliability are affected when carrying out work to preserve a cultural heritage object of federal significance and the safety of such an object) indicated in especially dangerous, technically complex and unique objects, objects used for the neutralization and (or) disposal of waste of hazard classes I - V, other objects determined by the Government of the Russian Federation, as well as the results of engineering surveys carried out for preparation of design documentation for the facilities specified in this paragraph;

5.2) establishing the procedure for organizing and conducting state examination of project documentation and state examination of engineering survey results, non-state examination of project documentation and non-state examination of engineering survey results, the amount of the fee for conducting state examination of project documentation and state examination of engineering survey results, the procedure for charging this fee;

5.3) establishment of the procedure for appealing the conclusions of the examination of design documentation and (or) examination of the results of engineering surveys;

5.4) establishment of the procedure for accreditation of legal entities for the right to conduct a non-state examination of project documentation and (or) a non-state examination of the results of engineering surveys;

5.5) establishing the procedure for maintaining the state register of legal entities accredited for the right to conduct a non-state examination of project documentation and (or) a non-state examination of the results of engineering surveys;

5.6) maintaining the state register of legal entities accredited for the right to conduct a non-state examination of project documentation and (or) a non-state examination of the results of engineering surveys;

5.7) establishing the procedure for certification, re-certification for the right to prepare conclusions for the examination of design documentation and (or) examination of the results of engineering surveys, including the procedure for extending the validity of the qualification certificate for the right to prepare conclusions for the examination of design documentation and (or) examination of the results of engineering surveys;

5.8) certification, re-certification for the right to prepare conclusions for the examination of design documentation and (or) examination of the results of engineering surveys, cancellation of qualification certificates for the right to prepare conclusions for the examination of design documentation and (or) examination of the results of engineering surveys;

5.9) establishing the procedure for maintaining a register of persons certified for the right to prepare conclusions for the examination of project documentation and (or) examination of the results of engineering surveys;

5.10) maintaining a register of persons certified for the right to prepare conclusions for the examination of project documentation and (or) examination of the results of engineering surveys;

5.11) establishment of criteria for the economic efficiency of project documentation;

5.12) establishing the procedure for recognizing design documentation as cost-effective design documentation for reuse;

6) establishment of the procedure for the implementation of state construction supervision and organization of scientific and methodological support for such supervision;

7) implementation of federal state construction supervision in the cases provided for by this Code;

7.1) exercising control over the observance by public authorities of the constituent entities of the Russian Federation, local self-government bodies of the legislation on urban planning activities;

7.2) coordination of draft schemes for territorial planning of municipal districts, draft master plans for settlements, urban districts, draft rules for land use and development in cases provided for by this Code;

7.3) establishing the procedure for monitoring the development and approval of programs for the integrated development of communal infrastructure systems of settlements, urban districts, programs for the integrated development of the transport infrastructure of settlements, urban districts, programs for the integrated development of the social infrastructure of settlements, urban districts;

7.4) approval of exhaustive lists of procedures established by federal laws and other regulatory legal acts of the Russian Federation and carried out by federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, individual entrepreneurs, organizations in relation to individuals and legal entities that are subjects of urban planning relations, in order to prepare by such individuals and legal entities documentation on the planning of the territory, the implementation of architectural and construction design, construction, reconstruction of capital construction facilities (hereinafter referred to as the exhaustive lists of procedures in the areas of construction), as well as the procedure for maintaining a register of descriptions of the procedures specified in these lists . These lists, taking into account the peculiarities of the implementation of urban planning activities in the territories of the constituent entities of the Russian Federation and the territories of municipalities, on the proposal of the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation), may include the procedures provided for by the regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts;

7.5) approval of estimated standards;

7.6) approval of methods for determining the estimated prices of construction resources;

7.7) establishing the procedure for monitoring the prices of construction resources, including the types of information necessary for the formation of estimated prices for construction resources, the procedure for its provision, as well as the procedure for determining persons obliged to provide the specified information;

7.8) establishing the procedure for maintaining the federal state information system for pricing in construction;

7.9) formation and maintenance of the federal register of estimated standards;

7.10) maintenance of the federal state information system for pricing in construction;

7.11) establishing the procedure for the formation and maintenance of the federal register of estimated standards;

7.12) formation and maintenance of the classifier of building resources;

7.13) establishing the procedure for the formation and maintenance of the classifier of building resources;

7.14) approval of aggregated construction price standards;

7.15) approval of methods for the development and application of aggregated construction price standards;

7.16) establishing the procedure for approving the aggregated norms for the price of construction;

7.17) approval of the procedure for determining the estimated cost of construction in relation to capital construction facilities located outside the territory of the Russian Federation and financed with the involvement of funds from the budgets of the budget system of the Russian Federation, funds of legal entities created by the Russian Federation, constituent entities of the Russian Federation, municipalities, legal entities, share in the authorized (share) capitals of which the Russian Federation, subjects of the Russian Federation, municipalities is more than 50 percent;

7.18) approval of the classifier of capital construction objects according to their purpose and functional and technological features (for the purposes of architectural and construction design and maintaining a unified state register of conclusions on the examination of design documentation for capital construction objects);

8) exercising other powers referred by this Code and other federal laws to the powers of state authorities of the Russian Federation.

2. The Government of the Russian Federation approves exhaustive lists of procedures in the areas of construction, taking into account the specifics of the implementation of urban planning activities in the territories of the constituent entities of the Russian Federation and the territories of municipalities, the procedure for making changes to these lists, the procedure for maintaining a register of descriptions of procedures specified in these lists.

3. Establishment by the bodies, individual entrepreneurs, organizations specified in clause 7.4 of part 1 of this article of the obligation to carry out procedures that are not provided for by exhaustive lists of procedures in the areas of construction, in relation to individuals and legal entities that are subjects of urban planning relations, in order to prepare such individuals and by legal entities of documentation on the planning of the territory, the implementation of architectural and construction design, construction, reconstruction of capital construction facilities is not allowed.

Commentary on Art. 6 GK RF

1. This article establishes the powers of state authorities at the federal level, namely the Government of the Russian Federation and federal executive authorities, including authorized ones.

The powers of public authorities specified in this article imply the performance by the named authorities of certain actions (independently, together with other authorities or in agreement with them), the implementation of the rule-making functions assigned to them or other specific functions.

It should be noted that in the title and part 1 of the commented Article 6 of the Civil Code of the Russian Federation, the definition “powers of state authorities of the Russian Federation” is used. At the same time, the Code establishes the powers of only the Government of the Russian Federation and federal executive bodies, but does not establish the powers of other federal state authorities. If the above definition is interpreted broadly, then this means that the definition of "state authorities of the Russian Federation" applies to the President of the Russian Federation and other federal government bodies.
———————————
In the current legislation of the Russian Federation, federal government bodies are understood as the President of the Russian Federation, the Federal Assembly of the Russian Federation (the Federation Council and the State Duma), the Government of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation (see Article 3 of the Federal Law of 13 January 1995 N 7-FZ "On the procedure for covering the activities of public authorities in the state media" // SZ RF. 1995. N 3. Art. 170).

For example, if the text of the articles of the Code indicates that the state authorities of the Russian Federation have the right to submit proposals for amending the territorial planning schemes of the Russian Federation (), this means that all authorities that, in accordance with the current legislation of the Russian Federation, are federal state authorities of the Russian Federation or state authorities of the Russian Federation, including the President of the Russian Federation, have the right to exercise this right.
———————————
For more details on the administrative-legal status and competence of federal government bodies and government bodies of the Russian Federation, see: Lazarev B.M. Government bodies. M., 1972; Ignatyuk N.A. Competence of federal ministries. M., 2004.

The powers of the state authorities of the Russian Federation, indicated in the commented article, have certain forms of implementation.

The provisions on the preparation and approval of territorial planning documents of the Russian Federation require the existence of a number of material issues and the performance of a number of procedural actions or the observance of administrative procedures.

Material norms for the most part, as a rule, are established by law. The material norms of laws establish spheres (branches) of regulation, subjects of regulation or institutions of law.

Thus, it has been established that the territorial planning documents of the Russian Federation are the territorial planning schemes of the Russian Federation in the area of:

1) development of federal transport, means of communication, information and communications;

2) national defense and state security;

3) energy development;

4) has become invalid;

5) has become invalid;

6) development and placement of specially protected natural areas of federal significance;

7) protection of the territories of two or more constituent entities of the Russian Federation at risk of natural and man-made emergencies and the impact of their consequences;

8) development of space activities;

9) natural monopolies and in other areas provided for by the legislation of the Russian Federation.

Territorial planning schemes of the Russian Federation may include maps (schemes) of the planned location of federal capital construction facilities, including: 1) facilities of federal energy systems; 2) objects using atomic energy; 3) objects of defense and security; 4) objects of federal transport, means of communication, informatics and communications; 5) objects providing space activities; 6) facilities that ensure the status and protection of the State Border of the Russian Federation; 7) linear facilities that ensure the activities of subjects of natural monopolies, and other facilities, the placement of which is necessary for the implementation of the powers of the Russian Federation established by the Constitution of the Russian Federation, federal laws and the fulfillment of international obligations of the Russian Federation.

The solution of procedural issues, as a rule, is established by subordinate legal normative acts, the adoption of which in the commented Code is entrusted mainly to the Government of the Russian Federation.

For example, the commented Code establishes that the Government of the Russian Federation approves territorial planning schemes of the Russian Federation (see part 1 of article 11), establishes the composition, procedure for preparing draft territorial planning schemes of the Russian Federation, and the procedure for amending such schemes (see part 12 article 11), the procedure for coordinating the draft territorial planning scheme of the Russian Federation, the procedure for preparing and approving the plan for the implementation of the territorial planning scheme of the Russian Federation (see part 1 of article 13), the procedure for coordinating draft territorial planning schemes for constituent entities of the Russian Federation, the composition and procedure for conciliation commissions (see part 12 of article 16), the procedure for agreeing on territorial planning documents of municipalities, the composition and procedure for the work of the conciliation commission (see).

As you can see, the procedural aspects are mainly regulated by by-laws of the Government of Russia in the form of establishing the procedure for preparing, submitting, discussing and making decisions, which are regulated by legal acts of a procedural nature - regulations.

Thus, the activities of the Government of Russia in the preparation of acts on territorial planning are established by the Regulations of the Government of the Russian Federation, approved by Decree of the Government of Russia dated June 1, 2004 N 260.
———————————
SZ RF. 2004. N 23. Art. 2313.

Federal executive authorities participating in the preparation of draft legal acts and decisions of the Government of the Russian Federation concerning territorial planning schemes of the Russian Federation should be guided in their activities by the work regulations prepared in accordance with the Model Regulations for the internal organization of federal executive authorities, approved by Decree of the Government of the Russian Federation dated July 28, 2005 No. 452; as well as interact with each other in the preparation of draft legal acts and decisions of the Government, guided by the Model Regulations for the Interaction of Federal Executive Authorities, approved by Decree of the Government of the Russian Federation of January 19, 2005 N 30.
———————————
SZ RF. 2005. N 31. Art. 3233.

SZ RF. 2005. N 4. Art. 305.

According to the commented Code on uncoordinated issues of the territorial planning scheme of the Russian Federation, the Government of the Russian Federation may approve the territorial planning scheme of the Russian Federation, which provides for the placement of federal capital construction facilities (part 13, article 12).

As already mentioned, the content of the commented article also includes the powers of the federal executive authorities.

For example, in the preparation and approval of territorial planning documents of the Russian Federation, an authorized federal executive body is entitled to participate, which is entrusted with the right to coordinate draft territorial planning schemes for subjects of the Russian Federation in the cases specified in the commented Code (see Part 1, Article 16) .
———————————
It should be taken into account that they are not subject to mandatory state environmental review of objects at the regional level, carried out by the federal executive body and its territorial bodies in the field of environmental review in the manner established by Federal Law No. 174-FZ of November 23, 1995 "On Environmental Review" and other regulatory legal acts of the Russian Federation, draft regulatory legal acts of the constituent entities of the Russian Federation, the implementation of which may lead to a negative impact on the environment, normative-technical and instructive-methodological documents approved by the state authorities of the constituent entities of the Russian Federation and regulating economic activities, including the use of natural resources and environmental protection, and other activities (see the named Federal Law as amended on December 21, 2004 N 172-FZ).

When preparing documents for the territorial planning of the Russian Federation, the authorities preparing the documents must be guided by the Instruction on the procedure for the development, approval, examination and approval of urban planning documentation, approved by the Decree of the State Committee of the Russian Federation for Construction and Housing and Communal Complex of October 29, 2002 N 150 (registered in the Ministry of Justice of the Russian Federation on February 12, 2003 N 4207).
———————————
Bulletin of normative acts of the federal organs of executive power. 2003. No. 15.

2. At the federal level, on behalf of the state authorities of the Russian Federation, the Government of the Russian Federation and federal executive authorities participate in the approval of documentation on the planning of the territory for the placement of capital construction objects of federal significance.

The list of documentation on the planning of the territory for the placement of federal capital construction facilities is indicated in. The cases of approval of such documentation are provided for by various other articles of the commented Code.

The territorial planning schemes of the Russian Federation, approved by the Government of the Russian Federation, may include maps (schemes) of the planned location of capital construction objects of federal significance. The draft territorial planning scheme of the Russian Federation is subject to agreement with the highest executive bodies of state power of the subject of the Russian Federation in the cases established. However, if consolidated opinions are received from one or more constituent entities of the Russian Federation containing provisions on disagreement with the draft territorial planning scheme of the Russian Federation with the rationale for the decision taken, a decision may be made to create a conciliation commission (see Part 8 of Article 12 of the Code).

Since the status of this commission is not defined in the commented Code, it can be assumed that it will have the status of a working body of the Government of the Russian Federation, which will prepare materials for the Government of the Russian Federation to take a decision to approve the territorial planning scheme of the Russian Federation, to reject the submitted documentation or to send it to revision (see part 13 of article 45 of the Code).
———————————
According to the Regulations of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 1, 2004 N 260, commissions can be created as coordinating or advisory bodies, including for the prompt and high-quality preparation of materials and draft regulatory legal acts of the Government of the Russian Federation, government and interdepartmental commissions. It is necessary to distinguish commissions established as coordinating or advisory bodies from government commissions, which are created in cases provided for by laws, acts and instructions of the President of the Russian Federation, decrees of the Government of the Russian Federation and are headed by the Chairman of the Government of the Russian Federation or other members of the Government of the Russian Federation and interdepartmental commissions that are created to solve tasks or consideration of issues of intersectoral and interterritorial significance (SZ RF. 2004. N 23. Art. 2313).

Territorial planning schemes of the Russian Federation, including maps (schemes) of the planned deployment of defense and security facilities, are approved in the manner established by the special legislation of the Russian Federation (see part 2 of article 11 of the Code).

The territorial planning scheme of the Russian Federation must be implemented according to the plan for the implementation of the scheme. The procedure for approving the plan for the implementation of the territorial planning scheme of the Russian Federation is established by the Government of the Russian Federation (see part 1 of article 13 of the Code).

The preparation of draft territorial planning documents can be carried out by the authorities indicated in. Part 3 of this article lists the initiators of the joint preparation of territorial planning documents.

For the joint preparation of projects, an appropriate commission is created (see part 7 of article 27 of the Code). The procedure for the joint preparation of draft territorial planning documents, the composition, procedure for the creation and activities of the commission for the joint preparation of projects may be established by the Government of the Russian Federation (see Part 13 of Article 27 of the Code).

- preparation of federal programs in the field of state, economic, environmental, social, cultural and national development of the Russian Federation (see part 3 of article 11);

— submission of proposals for amendments to the territorial planning schemes of the constituent entities of the Russian Federation (see part 8 of article 15) and to the territorial planning schemes of municipal districts (see part 8 of article 20);

- the right to apply to the heads of local administrations of settlements, heads of local administrations of urban districts with proposals for amending the master plans (see part 16 of article 24);

— establishment of the procedure for fulfilling the order for the preparation of documentation for the planning of the territory (see part 8 of article 45);

- the right to additional legal regulation of the procedure for preparing documentation for the planning of the territory, carried out on the basis of decisions of authorized federal executive bodies (see part 18 of article 45);

– establishing requirements for the preparation of land plots for construction and a capital construction facility for reconstruction, overhaul, the composition and procedure for maintaining as-built documentation, forms and procedures for maintaining journals that record the performance of work, the procedure for construction, reconstruction, overhaul, the conservation procedure a capital construction facility (see Part 9, Article 52);

- establishing the procedure for conducting construction control (see part 8 of article 53);

- the right to request information from information systems for ensuring urban planning activities from local governments (see part 6 of article 57);

- the right to make a decision on compensation for certain categories of individuals for the harm caused to them in the course of urban development activities (see Part 1, Article 61).

Other powers of the Government of the Russian Federation by the Code include:

— establishing the procedure for mandatory approval of the draft master plan before its approval and the procedure for its approval (see part 8 of article 24, part 1 of article 25);

- establishment of cases when authorized federal executive bodies send draft master plans submitted for approval for state examination (see part 6 of article 25);

— establishing a ban on the use of land plots and objects if their use is dangerous for human life or health, for the environment, cultural heritage objects (see part 10 of article 36);

- establishing the form of the town-planning plan of the land plot (see part 5 of article 44);

— approval of documentation on the planning of territories submitted by the authorized federal executive bodies (see part 14 of article 45);

- establishing the types of engineering surveys, the procedure for their implementation for the preparation of design documentation, construction, reconstruction of capital construction facilities, as well as the compositions and forms of engineering survey materials, the procedure for the formation and maintenance of the state fund of materials and engineering survey data, taking into account the needs of information systems for urban planning ( see Part 6, Article 47);

- the right to establish the procedure for determining and providing technical conditions and determining the connection fee, as well as the procedure for connecting a capital construction object to engineering networks (see Part 10, Article 48);

- establishing the composition and requirements for the content of sections of project documentation in relation to various types of capital construction facilities, including linear facilities (see Part 13, Article 48);

- establishing the form of a building permit and the procedure for issuing building permits on land plots that are not subject to urban planning regulations or for which urban planning regulations are not established (see Parts 16, 22 of Article 51);

— establishing the procedure for making changes to the approved project documentation (see part 7 of article 52);

— establishing a list of documents, in addition to those provided for by the Code, required to obtain a permit to put the facility into operation, and the form of permission to put the facility into operation (see Parts 4, 12, Article 55);

— establishing a procedure for identifying the causes of violations of the legislation on urban planning in relation to nuclear facilities, hazardous production facilities, communication lines (see part 2 of article 62);

— coordination of draft master plan of the city of Moscow (see Part 4, Article 63).

The authorized federal executive bodies are granted by the Code the right to:

— participation in the coordination of draft schemes for territorial planning of municipal districts (see Art. 21);

- sending a notification of the decision to the heads of settlements, heads of urban districts, in relation to the territories of which a certain decision was made (see part 7 of article 45);

- approval of documentation on the planning of the territory, the preparation of which is carried out by an individual or legal entity and at the request of which a decision was made on the use of a land plot within the boundaries of such a territory (see part 9 of article 45);

— checking the territory planning documentation for compliance with the requirements of the Code and making decisions on sending it to the Government of the Russian Federation (see Part 12, Article 45);

- implementation of construction supervision during the construction, reconstruction, overhaul of nuclear facilities, hazardous production facilities, communication lines (see Part 3, Article 54) .
———————————
It must be borne in mind that public authorities may bear subsidiary liability for causing harm (see).

Other powers of the federal executive authorities by the Code include:

- sending proposals to the commission on amending the rules for land use and development in certain cases (see clause 1, part 3, article 33);

— the right to issue permits for construction on a land plot that is not subject to urban planning regulations or for which urban planning regulations are not established (see part 5 of article 51);

— the right to issue permits for the construction, reconstruction, overhaul of capital construction facilities of federal significance, during the placement of which it is allowed to withdraw, including by way of redemption, land plots, or individual stages of construction, reconstruction; conducting checks on the availability of documents attached to the application, compliance of project documentation with the requirements of the urban development plan of the land plot, red lines (see parts 6, 11, 12 of article 51);

- the right to receive free of charge one copy of engineering survey materials, project documentation for placement in the information system for urban planning (see Part 18, Article 51);

- issuance of conclusions on the compliance of the constructed, reconstructed, repaired capital construction facility with the requirements of technical regulations and project documentation (see clause 9, part 3, article 55);

- the right and obligation of the authorities that issued the construction permit to ensure the verification of the availability and correctness of the execution of documents, the inspection of the capital construction facility and the decision to issue the applicant a permit to put the facility into operation or to refuse to issue such a permit (see Part 5 of Art. 55).

The Code also establishes certain prohibitions for state authorities of the Russian Federation. For example, public authorities are prohibited from making decisions on the reservation of land, on withdrawal, on the transfer of land from one category to another, unless this is permitted by a separate law (see part 4 of article 9). Public authorities are not allowed to independently choose (without additional permits and approvals) the main and auxiliary ones.

Second commentary on Article 6 of the Town Planning Code

1. The commented article establishes the powers of state authorities of the Russian Federation (that is, federal bodies) in the field of urban planning. Among these bodies, according to part 1 of Art. 11 of the Constitution of the Russian Federation include the President of the Russian Federation, the Federal Assembly of the Russian Federation (the Federation Council and the State Duma), the Government of the Russian Federation and the courts of the Russian Federation.

It is characteristic that this article lists specific powers without their "binding" to any federal authority. The inclusion of these powers in the competence of certain federal bodies of state power and their specification is carried out in the Constitution of the Russian Federation, federal laws and other regulatory legal acts.

1.1. In general, the powers (including in the field of urban planning) of federal government bodies and the procedure for their implementation are determined by the Constitution of the Russian Federation, federal laws (including constitutional ones), as well as subordinate regulatory legal acts of the federal level.

Important powers in the field of urban planning activities are exercised by the highest official of the country - the President of the Russian Federation. The President of the Russian Federation functions on the basis of the Constitution of the Russian Federation (Chapter 4) and, as the head of state, has the right to act as the subject of a legislative initiative on urban planning issues, he can issue separate legal acts (including regulatory ones) - decrees and orders in the field of urban planning activities.

Legislative functions and powers (including in the field of urban planning) may be exercised by the Federal Assembly of the Russian Federation. They are defined by the Constitution of the Russian Federation (Chapter 5) and are implemented by its chambers - the Federation Council and the State Duma in accordance with their internal regulations.

A significant number of these powers at the federal level in the field of urban development are exercised by the Government of the Russian Federation, which acts on the basis of Chapter 6 (Articles 110 - 117) of the Constitution of the Russian Federation and Federal Constitutional Law of December 17, 1997 N 2-FKZ "On the Government RF". As a body of general competence, the Government of the Russian Federation, first of all, adopts numerous normative-legal and executive-administrative documents related to the management and resolution of specific issues in the field of urban planning (see commentary to clause 1, article 3).

In particular, the Government of the Russian Federation establishes (approves) the procedure for carrying out various actions and procedures in the field of urban planning. For example, the powers provided for in paragraphs 4 and 5.4 of the commented article are exercised by the Government of the Russian Federation by establishing the procedure, respectively: 1) accreditation for the right to conduct a non-state examination of project documentation and (or) a non-state examination of the results of engineering surveys (part 3 of Art. 50 of the Civil Code of the Russian Federation) and 2) charging fees for providing information on the information system for ensuring urban planning activities (part 7 of article 57 of the Civil Code of the Russian Federation).

The implementation of other powers specified in clause 8, part 1 of the commented article 6 of the Town Planning Code of the Russian Federation is also provided by the Government of the Russian Federation. For example, according to Part 12 of Art. 16 of the Civil Code of the Russian Federation, the Government of the Russian Federation establishes the procedure for approving draft schemes for territorial planning of constituent entities of the Russian Federation, the composition and procedure for the work of the conciliation commission, establishes the minimum requirements for issuing certificates of admission to work that affects the safety of especially dangerous and technically complex facilities (see Government Decree RF dated March 24, 2011 N 207) and others.

Many of these powers in the urban planning sphere are exercised by federal ministries, agencies and services that are part of the system of executive authorities in the country, approved by the President of the Russian Federation. In a number of articles of the Civil Code of the Russian Federation, “a federal executive body authorized by the Government of the Russian Federation” is mentioned as the subject of the relevant powers, which means one of the federal departments. In particular, the authorized federal executive body establishes the procedure for coordinating draft master plans (see part 8 of article 24 and article 25 of the Civil Code of the Russian Federation), approves various forms of documents in the field of urban planning (for example, the form of an urban planning plan for a land plot - part 5 article 44 of the Civil Code of the Russian Federation; the form of a building permit -; the form of permission to put an object into operation - etc.).

At present, most often such powers in the field of urban planning are vested in the Ministry of Construction and Housing and Communal Services of the Russian Federation (Minstroy of the Russian Federation). Separate powers may be exercised by the Ministry of Natural Resources and Ecology, the Ministry of Finance of the Russian Federation, the Federal Service for State Registration, Cadastre and Cartography (Rosreestr), the Federal Agency for Technical Regulation and Metrology (Rosstandart) and some others. Thus, the Ministry of Culture of the Russian Federation exercises certain powers in the field of urban planning, in particular, through the department for regulating urban planning activities in its Department for the State Protection of Cultural Heritage. Federal services, in particular, are entrusted with control and supervisory powers in the field of urban planning. The powers and procedure for their exercise for the said federal ministries and departments are usually determined by decrees of the President of the Russian Federation (or by decrees of the Government of the Russian Federation).

In accordance with paragraph 1 of the Regulations on the Ministry of Construction and Housing and Communal Services of the Russian Federation, this body is a federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of construction (including the use of materials, products and constructions), architecture, urban planning (except for territorial planning), housing policy, housing and communal services, pricing and estimated regulation in the field of urban planning, urban zoning, functions for the provision of public services, state property management in the field of construction, urban planning (with the exception of territorial planning), etc. The Ministry of Construction of Russia also coordinates the activities of the Federal Fund for Assistance to the Development of Housing Construction, the state corporation - the Fund for Assistance to the Reform of Housing and Communal economy.

Clause 5.2 of the said Regulation provides that, on the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, the Ministry of Construction and Housing and Communal Services of the Russian Federation independently adopts various regulatory and other legal acts in the field of urban planning. Among them are provisions, rules, regulations and procedures, acts, forms, lists, requirements, etc. (more than a hundred in total), the need for the development and adoption of which follows from a number of articles of the Civil Code of the Russian Federation.

Separate powers and tasks related to the problems of urban planning are carried out by some other federal executive bodies. So, according to clause 1 of the Regulations on the Federal Service for Environmental, Technological and Nuclear Supervision, approved. By Decree of the Government of the Russian Federation of July 30, 2004 N 401, this body exercises the functions of control and supervision in the field of safe conduct of work related to the use of subsoil, industrial safety, safety in the use of atomic energy (with the exception of activities for the development, manufacture, testing, operation and disposal of nuclear weapons and nuclear power plants for military purposes), the safety of electrical and thermal installations and networks (except for household installations and networks), the safety of hydraulic structures (with the exception of shipping and port hydraulic structures). In addition, this body is also the body of the federal state construction supervision (see paragraph 7 of part 1 of the commented article). In particular, this service exercises control and supervision over compliance with industrial safety requirements in the design, construction, operation, conservation and liquidation of hazardous production facilities, etc.

Functions for the provision of public services in the field of technical regulation, standardization and ensuring the uniformity of measurements, which are widely in demand in the field of urban planning, are carried out by the Federal Agency for Technical Regulation and Metrology (Rosstandart), the Regulation on which was approved by Decree of the Government of the Russian Federation of June 17, 2004 N 294.

1.2. Initially, the commented article of the Civil Code of the Russian Federation indicated seven powers, and also talked about “other powers” ​​attributed by law to the competence of federal government bodies. Currently, in the current version of this article, there are 34 such powers and the existing list is not exhaustive; some important powers of federal government bodies are contained in a number of other articles of the Civil Code of the Russian Federation.

An analysis of the listed powers shows that they can be divided into three categories (groups):

1) the first group (14) is the legislative (normative) powers in the field of urban planning (clauses 3, 4, 4.1, 5.2, 5.3, 5.4, 5.5, 5.7, 5.9, 6, 7.3, 7.4, 7.6, 7.8 );

2) the second group (7) consists of the powers to develop and approve documents in the process of law enforcement activities in the urban planning sphere (clauses 1, 2, 3.4, 5.11, 5.12, 7.5, 7.6);

3) the third group (13) includes executive and administrative (management) powers of a current nature (clauses 3.1, 3.3, 3.5, 5.1, 5.6, 5.8, 5.10, 7.2, 7.9, 7.10), as well as control and supervisory powers in the urban planning sphere (clauses 3.2, 7, 7.1) .
———————————
This clause, as amended, enters into force on July 1, 2017 - see Federal Law No. 372-FZ of July 3, 2016.

The procedure and conditions for the exercise by federal state authorities of the powers specified in the commented article are regulated by many articles of the Civil Code of the Russian Federation.

Thus, the actions of federal government bodies in the preparation, approval and coordination of territorial planning documents of the Russian Federation (clause 1, part 1 of the commented article) are regulated in some detail by the provisions of Ch. 3 of the Civil Code of the Russian Federation (Articles 9-13, etc.).
———————————
See also Decree of the Government of the Russian Federation of March 23, 2008 N 198 "On the procedure for preparing and coordinating the draft territorial planning scheme of the Russian Federation."

Approval of documentation on the planning of the territory (clause 2, part 1 of the commented article) for the placement of objects of federal significance is provided for in Chapter 5 of the Civil Code of the Russian Federation (see Part 14, Article 45, etc.).

Compliance with technical regulations is one of the main principles of urban planning legislation (see clause 7, article 2 of the Civil Code of the Russian Federation). Technical regulation in the field of urban planning (clause 3, part 1 of the commented article) consists in the development and approval of technical regulations. The federal executive body responsible for technical regulation is the Ministry of Industry and Trade of the Russian Federation (Minpromtorg of Russia), the Regulations on which were approved by Decree of the Government of the Russian Federation of June 5, 2008 N 438. Clause 5.2.18.14 of this Regulation states that the Ministry industry and trade of the Russian Federation independently adopts technical regulations in cases provided for by the program for the development of technical regulations approved by the Government of the Russian Federation. Preparatory work on the development of technical regulations is carried out by the authorized federal executive body, which is the Federal Agency for Technical Regulation and Metrology (Rosstandart), which is under the jurisdiction of the Ministry of Industry and Trade of Russia.

The powers in relation to the GrSRO (clauses 3.1, 3.2, 3.3 of part 1 of the commented article) are continued, first of all, in the norms of chapter 6.1 of the Civil Code of the Russian Federation, as well as in a number of other legislative acts (see). So, for example, state control (supervision) over the activities of SROs in the field of urban planning, as well as maintaining a register of these organizations, are within the competence of the Federal Service for Environmental, Technological and Nuclear Supervision (Rostekhnadzor) (see Decree of the Government of the Russian Federation of November 19, 2008 N 864).

The establishment of a list of types of work that affect the safety of capital construction facilities (the authority of paragraph 3.4 of part 1 of the commented article) is carried out () by the authorized federal executive body.

The powers to establish the procedure for maintaining information systems for ensuring urban planning activities, maintaining the federal state information system for territorial planning (clauses 3.5, 4, 7.8, 7.10, part 1 of the commented article) are governed by the rules of Chapter 7 (Articles 56 - 57.1) of the Civil Code of the Russian Federation, as well as a number of by-laws (see also the Regulations on information support for urban planning, approved by Decree of the Government of the Russian Federation of June 9, 2006 N 363).

The powers to regulate, organize and conduct an examination of project documentation (clauses 5.1 - 5.10, part 1 of the commented article) find their normative continuation in Art. Art. 49, 49.1, 50 of the Civil Code of the Russian Federation and a number of by-laws.

The powers provided for in paragraphs 6, 7, 7.1 of part 1 of the commented article on the implementation of construction supervision (control) are exercised by the authorized federal body (Rostekhnadzor) in the manner prescribed by Art. Art. 53, 54 of the Civil Code of the Russian Federation, as well as other federal laws and by-laws.

Coordination of draft schemes for territorial planning of municipal districts, draft master plans for settlements, urban districts, draft rules for land use and development (the authority specified in clause 7.2, part 1 of the commented article) is carried out in accordance not only with the Civil Code of the Russian Federation (clause 9, article 10 , paragraph 9, article 14, paragraph 6, article 19, paragraph 8, article 23, etc.), but also with the Federal Law "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" (Article 5.1, etc.) .).

The powers of state authorities to establish the procedure for monitoring the development and approval of programs for the integrated development of systems of communal, transport and social infrastructure of settlements, urban districts (clause 7.3 of part 1 of the commented article) are carried out by the relevant federal ministries (construction and housing and communal services, transport, economic development) in the manner prescribed by them.
———————————
See Order of the Federal Agency for Construction, Housing and Communal Services (the agency was liquidated, its functions and powers are exercised by the Ministry of Construction of Russia) dated October 28, 2013 N 397 / GS “On the procedure for monitoring the development and approval of programs for the integrated development of communal infrastructure systems in settlements, urban districts"; Order of the Ministry of Transport of the Russian Federation of May 26, 2016 N 131 “On approval of the procedure for monitoring the development and approval of programs for the integrated development of the transport infrastructure of settlements, urban districts; Order of the Ministry of Economic Development of the Russian Federation of March 29, 2016 N 181 "On approval of the Procedure for monitoring the development and approval of programs for the integrated development of the social infrastructure of settlements, urban districts."

On the authority to approve exhaustive lists of procedures in the areas of construction established by federal laws and other regulatory legal acts of the Russian Federation and carried out by federal and regional executive authorities and local governments, individual entrepreneurs, organizations in relation to individuals and legal entities that are subjects of urban development relations (p 7.4 part 1 of the commented article), see the comment to part 2 of this article.

The powers related to monitoring and formation of estimated prices of building resources, the procedure for pricing in construction (clauses 7.7 - 7.10, part 1 of the commented article) are carried out by the Ministry of Construction and Housing and Communal Services of the Russian Federation, as well as the Ministry of Finance of the Russian Federation (within their competence) .
———————————
See the Methodology for determining the cost of construction products on the territory of the Russian Federation, approved by the Decree of the Gosstroy of Russia dated March 5, 2004 N 15/1.

2. In part 2 of the commented article, the subject composition of the bodies exercising the powers provided for in paragraph 7.4 of part 1 of this article is specified - according to the approval of exhaustive lists of procedures in the areas of construction established by federal laws and other regulatory legal acts of the Russian Federation.

Such lists, as well as the procedure for making changes to them and the procedure for maintaining a register of descriptions of established procedures, are approved by the Government of the Russian Federation, taking into account (which is very important) the specifics of urban planning activities in the territories of the constituent entities of the Russian Federation and the territories of municipalities (see, for example, Decree of the Government of the Russian Federation dated 30 April 2014 N 403 "On an exhaustive list of procedures in the field of housing construction"). The approved list includes 134 procedures related to:

- with the granting of rights to land and the preparation of documentation for the planning of the territory in relation to sections of settlements that have the appropriate type of permitted use;

- with the conclusion of contracts for connection (technological connection) of capital construction facilities to engineering and technical support networks (to power networks), as well as - with architectural and construction design;

- with the implementation of construction, reconstruction;

- with the issuance of a permit to put the facility into operation;

— with state registration of rights to the constructed facility;

– with the conclusion of contracts for energy, heat, water, gas supply and sanitation, etc.

By paragraph 3 of the said Decree, the Government of the Russian Federation obliged the highest officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation within three months to submit to the Ministry of Construction and Housing and Communal Services of the Russian Federation proposals for inclusion in the list approved by it of procedures provided for by regulatory legal acts of the constituent entities of the Russian Federation and municipal regulations.

3. In part 3 of the commented article 6 of the Civil Code of the Russian Federation, an imperative ban is established on the establishment by federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, organizations and individual entrepreneurs of the obligation to exercise by individuals and legal entities that are subjects of urban planning relations, any other procedures for the preparation of documentation for the planning of the territory, the implementation of architectural and construction design, construction, reconstruction of capital construction projects that are not provided for by an exhaustive list of procedures approved by the Government of the Russian Federation.

In Resolution No. 403 of April 30, 2014, the Government of the Russian Federation goes beyond this prohibition and instructs the Ministry of Construction and Housing and Communal Services of the Russian Federation, other interested federal executive bodies, within three months, to submit, in the prescribed manner, agreed proposals for introducing into federal laws and regulatory legal acts of the Government of the Russian Federation for amendments providing for the abolition of redundant and (or) duplicating procedures specified in the list.

1. A self-regulatory organization that has the right to issue certificates of admission to works that affect the safety of capital construction facilities (hereinafter also referred to as a self-regulatory organization) is obliged to develop and approve:

1) requirements for the issuance of certificates of admission to work that affect the safety of capital construction objects (hereinafter also referred to as the certificate of admission), a document that establishes the conditions for issuing certificates of admission to work that affect the safety of capital construction objects by a self-regulatory organization ;

2) rules of control in the field of self-regulation - a document that establishes the rules for monitoring compliance by members of a self-regulatory organization with the requirements for issuing certificates of admission, the requirements of standards of self-regulatory organizations and self-regulation rules;

3) a document establishing a system of disciplinary measures for non-compliance by members of a self-regulatory organization with the requirements for issuing certificates of admission, control rules in the field of self-regulation, requirements of technical regulations, requirements of standards of self-regulatory organizations and self-regulation rules.

2. Self-regulatory organization has the right to develop and approve:

1) standards of self-regulatory organizations - a document that establishes, in accordance with the legislation of the Russian Federation on technical regulation, the rules for performing work that affect the safety of capital construction facilities, requirements for the results of these works, the system for monitoring the implementation of these works;

2) self-regulation rules - a document that establishes requirements for entrepreneurial activities of members of self-regulatory organizations, with the exception of the requirements established by the legislation of the Russian Federation on technical regulation.

3. A self-regulatory organization is not entitled to develop and approve documents that establish mandatory requirements for members of a self-regulatory organization, their activities, with the exception of the development and approval of the documents specified in parts 1 and 2 of this article.

4. Documents of a self-regulatory organization must not:

1) contradict the requirements of the legislation of the Russian Federation, including the requirements of technical regulations;

2) contradict the purposes specified in paragraph 1 of Article 55.1 of this Code;

3) establish benefits for individual entrepreneurs and legal entities that are the founders of such an organization;

4) lead to the prevention, restriction or elimination of competition, including the division of the commodity market on a territorial basis, the volume of sale or purchase of goods, the range of goods sold or the composition of sellers or buyers (customers), creating obstacles to access to the commodity market for business entities.

5. Requirements for the issuance of certificates of admission must be determined in relation to each type of work that affects the safety of capital construction projects and the resolution of issues related to the issuance of a certificate of admission to which the general meeting of members of the self-regulatory organization refers to the scope of activity of the self-regulatory organization, or types of such works.

6. Requirements for the issuance of certificates of admission must contain:

1) qualification requirements for individual entrepreneurs, employees of an individual entrepreneur, employees of a legal entity:

a) the requirement to have education of a certain level and profile;

b) requirement for additional professional education, attestation;

c) a requirement for a certain length of service;

2) the requirement for the number of employees of an individual entrepreneur or legal entity that meets the requirements of paragraph 1 of this part.

7. Requirements for the issuance of certificates of admission may include:

1) the requirement that an individual entrepreneur, legal entity have the property necessary for the performance of the relevant work. At the same time, the type of right on which a person can use such property cannot be indicated;

2) the requirement to achieve positive results of the qualification test of individual entrepreneurs, employees of individual entrepreneurs, employees of legal entities, carried out in the manner prescribed by the specified requirements.

8. The minimum necessary requirements for issuing certificates of admission to work that affect the safety of capital construction projects are:

1) the requirement for the presence of employees of an individual entrepreneur, employees of a legal entity with higher education or secondary vocational education of the relevant profile to perform certain types of work that affect the safety of capital construction projects. At the same time, at least three employees must have higher education or at least five employees - secondary vocational education, work experience in the specialty must be at least three years for employees with higher education, and at least five years for employees with secondary vocational education;

2) the requirement that an individual entrepreneur have a higher education or secondary vocational education of an appropriate profile to perform certain types of work that affect the safety of capital construction projects and can be performed by an individual entrepreneur independently, and at least five years of work experience in the specialty;

3) the requirement to receive at least once every five years additional professional education by the employees and individual entrepreneurs specified in paragraphs 1 and 2 of this part with certification.

8.1. The minimum necessary requirements for issuing certificates of admission to work on organizing the preparation of project documentation are:

1) the requirement for the presence at the place of main work of employees of an individual entrepreneur, employees of a legal entity with a higher education of the appropriate profile to perform certain types of work to organize the preparation of project documentation. At the same time, at least three employees must have a higher education and their work experience in the specialty must be at least five years;

2) the requirement that an individual entrepreneur have a higher education of an appropriate profile to perform certain types of work on organizing the preparation of project documentation, which can be performed by an individual entrepreneur independently, and at least ten years of work experience in the specialty;

3) the requirement to receive at least once every five years additional professional education by the employees and individual entrepreneurs specified in paragraphs 1 and 2 of this part with their certification.

8.2. The minimum required requirements for the issuance of certificates of admission to work on the organization of construction are:

1) the requirement for the presence at the place of the main work of employees of an individual entrepreneur, employees of a legal entity with a higher education of the appropriate profile to perform certain types of work on the organization of construction. At the same time, an individual entrepreneur and the head of a legal entity or his deputy must have a higher education in the relevant profile and work experience in the specialty of at least seven years, at least five employees must have a higher education and work experience in the specialty of at least five years;

2) the requirement to receive additional professional education at least once every five years by the persons specified in clause 1 of this part, with their attestation.

9. The minimum required requirements for issuing certificates of admission to work that affect the safety of especially dangerous and technically complex facilities, taking into account the technical complexity and potential danger of such facilities, are established by the Government of the Russian Federation. The procedure for establishing by self-regulatory organizations the requirements for issuing certificates of admission to the specified work and the procedure for determining self-regulatory organizations that have the right to issue certificates of admission to the specified work may be established by the Government of the Russian Federation.

10. A self-regulatory organization is not entitled to establish requirements for the issuance of certificates of admission to work that affect the safety of capital construction facilities below the minimum required requirements established by parts 8 - 8.2 of this article, or in the cases provided for by part 9 of this article.

11. The standards of a self-regulatory organization may not include references to trademarks, service marks, trade names, patents, utility models, industrial designs, appellations of origin of goods or names of manufacturers, requirements for goods, their manufacturers, information, works, services in with regard to goods, works, services and (or) used by members of the self-regulatory organization of building materials produced, performed, provided by members of the self-regulatory organization, respectively, if such requirements entail the prevention, restriction or elimination of competition.

12. Self-regulation rules may establish:

1) the conditions to be included in the contract and ensure the protection of the interests of customers of work that affect the safety of capital construction projects;

2) requirements for performers of work that affect the safety of capital construction projects, regarding the prevention and resolution of conflict situations with customers of these works, users of the results of these works;

3) requirements for insurance by members of the self-regulatory organization of civil liability, which may occur in case of damage due to shortcomings in the work that affect the safety of capital construction facilities, the conditions of such insurance;

4) requirements for insurance of other risks associated with the performance of construction and installation works, for insurance of employees of an individual entrepreneur, employees of a legal entity against accidents and illnesses, the conditions of such insurance;

5) the requirement for the availability of certificates of conformity of works that affect the safety of capital construction projects, certificates of the quality management system for such works, issued in the course of voluntary confirmation of conformity in a certain system of voluntary certification;

13. The documents specified in parts 1 and 2 of this article, the changes made to these documents, decisions on declaring them invalid are considered adopted by a self-regulatory organization if more than fifty percent of the total number of members of such an organization voted for the adoption of these documents, changes, decisions and shall enter into force not earlier than ten days after the date of their adoption.

14. Documents, changes made to documents, and decisions adopted by the general meeting of members of a self-regulatory organization or a permanent collegial management body of a self-regulatory organization, no later than three days from the date of their adoption, shall be posted on the website of this self-regulatory organization in the network " Internet" and sending it on electronic and paper media to the supervisory authority for self-regulatory organizations.

Download PDF

Print page

Article 55.5 of the Town Planning Code of the Russian Federation "Documents of a self-regulatory organization that has the right to issue certificates of admission to work that affects the safety of capital construction projects." On our website you can download article 55.5, or ask your question to an expert.

Save the page on social media networks.