05.09.2021

Purpose and types of territorial planning documents. Urban planning code of the Russian Federation


1. The territorial planning scheme of a municipal district contains:

1) regulation on territorial planning;

2) a map of the planned placement of objects of local importance of the municipal district;

3) map of borders settlements(including the boundaries of formed settlements) located on inter-settlement territories;

4) a map of functional zones established in inter-settlement territories, if it is planned to place objects of federal significance, objects of regional significance, objects of local significance (with the exception of linear objects) in inter-settlement territories.

2. The regulation on territorial planning, contained in the territorial planning scheme of a municipal district, includes:

2) the parameters of the functional zones established in inter-settlement territories, if it is planned to place objects of federal significance, objects of regional significance, objects of local significance (with the exception of linear objects) in the inter-settlement territories, as well as information about the objects of federal significance planned for placement in these zones values, objects of regional importance, objects of local importance.

3. On the maps specified in clauses 2-4 of part 1 of this article, respectively, are displayed:

1) objects of local significance of the municipal district planned for placement, related to the following areas:

a) electricity and gas supply to settlements;

b) motor roads of local importance outside the boundaries of settlements within the boundaries of the municipal district;

c) education;

d) healthcare;

e) Physical Culture and mass sports;

f) processing, recycling, neutralization, placement of municipal solid waste;

g) other areas in connection with the solution of issues of local importance of the municipal district;

2) the boundaries of settlements (including the boundaries of formed settlements) located on inter-settlement territories;

3) the boundaries and description of the functional zones established in inter-settlement territories, indicating the objects of federal significance planned for placement in these zones, objects of regional significance, objects of local significance (with the exception of linear objects) and (or) the location of linear objects of federal significance, linear objects regional significance, linear objects of local significance.

3.1. A mandatory annex to the territorial planning scheme of a municipal district is information on the boundaries of settlements (including the boundaries of formed settlements) located on inter-settlement territories, which must contain a graphic description of the location of the boundaries of settlements, a list of coordinates of the characteristic points of these boundaries in the coordinate system used to maintain the Unified State Register of Real Estate. Local self-government bodies of a municipal district also have the right to prepare a textual description of the location of the boundaries of settlements. Forms of graphical and textual description of the location of the boundaries of settlements, requirements for the accuracy of determining the coordinates of characteristic points of the boundaries of settlements, format electronic document, containing the specified information, are established by the federal body executive power that performs the functions of generating public policy and legal regulation in the field of maintaining the Unified State Register of Real Estate, carrying out state cadastral registration of real estate, state registration of rights to real estate and transactions with it, providing information contained in the Unified State Register of Real Estate.

4. Materials on its justification in text form and in the form of maps are attached to the territorial planning scheme of a municipal district.

5. Materials on the substantiation of the scheme of territorial planning of the municipal district in text form contain:

1) information about plans and programs for comprehensive socio-economic development municipality(if any), for the implementation of which the creation of objects of local importance is carried out;

2) substantiation of the chosen option for the placement of objects of local importance of the municipal district based on an analysis of the use of the relevant territory, possible directions for its development and predicted restrictions on its use;

3) an assessment of the possible impact of the planned for placement objects of local importance of the municipal district on the integrated development of the relevant territory;

4) approved by the documents of territorial planning of the Russian Federation, documents of territorial planning of two or more constituent entities of the Russian Federation, documents of territorial planning of a constituent entity of the Russian Federation, information on the types, purpose and names of objects of federal significance planned for placement in inter-settlement territories, objects of regional significance, their main characteristics, location, characteristics of zones with special conditions for the use of territories in the event that the establishment of such zones is required in connection with the placement of these objects, the details of these territorial planning documents, as well as the rationale for the chosen option for locating objects of federal significance, objects of regional significance based on an analysis of the use of these territories, possible directions of their development and predictable limitations of their use;

5) a list of land plots located in inter-settlement territories and included in the boundaries of settlements or excluded from their boundaries, indicating the categories of land to which it is planned to attribute these land, and the purposes of their intended use;

6) a list and description of the main risk factors for the occurrence of emergencies of a natural and man-made nature in inter-settlement territories in the event that it is planned to place objects of federal significance, objects of regional significance, objects of local significance in inter-settlement territories.

6. Materials on the justification of the territorial planning scheme of the municipal district in the form of maps display:

1) the boundaries of settlements that are part of the municipal district;

2) the boundaries of settlements that are part of the municipal district;

3) objects of capital construction, other objects, territories, zones that influenced the determination of the planned placement of objects of local significance of the municipal district, objects of federal significance, objects of regional significance, including:

a) objects of federal significance planned for placement, objects of regional significance in accordance with the territorial planning documents of the Russian Federation, territorial planning documents of two or more constituent entities of the Russian Federation, territorial planning documents of a constituent entity of the Russian Federation;

b) special economic zones;

c) specially protected natural areas of federal, regional, local significance;

d) territories of objects of cultural heritage;

e) zones with special conditions for the use of territories;

f) territories subject to the risk of natural and man-made emergencies;

g) other objects, other territories and (or) zones;

4) boundaries of forest areas.

Commentary on Art. 19 GK RF

The normative content of territorial planning schemes for a municipal district follows the general provisions on the content of territorial planning schemes for the Russian Federation, constituent entities of the Russian Federation and others established by the articles of this chapter.

The concept of a municipal district is established by Art. 2 of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation". In accordance with this Law, a municipal district is several settlements or settlements and inter-settlement territories united by a common territory, within the boundaries of which local self-government is carried out in order to resolve issues of local importance of an inter-settlement nature by the population directly and (or) through elected and other local government bodies that may exercise certain state powers transferred to local governments by federal laws and laws of the constituent entities of the Russian Federation.

The specific definition of territorial planning schemes for a municipal district, established by paragraph 1 of the commented article, follows the goals of planning at this level, and above all, this is the placement of objects that are important for the municipal district and necessary for the implementation of the main powers of the relevant local governments.

It should be noted that the federal law"On the electric power industry" deciphers the concept of the object of the electric power industry specified in the commented article. In accordance with the said Law, electric power facilities are property objects directly used in the process of production, transmission electrical energy, operational dispatch control in the electric power industry and the sale of electric energy, including electric grid facilities.

In addition to the considered concept, the Federal Law "On the Electric Power Industry" also established the concept of electric grid facilities, which are understood as power lines, transformer and other substations, distribution points and other equipment designed to provide electrical communications and transmission of electrical energy. The totality of industrial and other property objects of the electric power industry, connected by a single process of production (including production in the mode of combined generation of electric and thermal energy) and transmission of electric energy in the conditions of centralized operational dispatch control in the electric power industry, constitutes a single energy system of the Russian Federation.

In accordance with the Federal Law of March 31, 1999 N 69-FZ "On Gas Supply in the Russian Federation", the unified gas supply system is the main gas supply system in the Russian Federation, and its activities are regulated by the state in the manner established by the legislation of the Russian Federation.

The unified gas supply system is a property production complex, which consists of technologically, organizationally and economically interconnected and centrally managed production and other facilities intended for the production, transportation, storage and supply of gas, and is owned by an organization formed in the organizational- in the legal form and procedure, which received the objects of the specified complex in the ownership in the process of privatization or created or acquired them on other grounds provided for by the legislation of the Russian Federation.

The legislation also establishes the concept of a regional gas supply system. The regional gas supply system is a property production complex, which consists of technologically, organizationally and economically interconnected and centrally managed production and other facilities intended for the production, transportation, storage and supply of gas, regardless of unified system gas supply, and is owned by an organization formed in the organizational and legal form and procedure established by civil legislation, which received in the process of privatization the objects of the specified complex into ownership or created or acquired them on other grounds provided for by the legislation of the Russian Federation. The regional gas supply system is the main gas supply system for the territories of the relevant subjects of the Russian Federation; its activities are controlled by authorized bodies state power in the manner prescribed by the legislation of the Russian Federation.

The organization - the owner of the gas distribution system is a specialized organization that operates and develops gas supply networks and their facilities in the relevant territories, as well as provides services related to the supply of gas to consumers and their maintenance.

The organization of gas supply to settlements within the boundaries of a municipal district is the authority of the local self-government bodies of the municipal district and is carried out in accordance with the procedure established by the legislation of the Russian Federation and municipal regulatory legal acts.

Second commentary on Article 19 of the Town Planning Code

1. Part 1 of the commented article defines the content of the territorial planning scheme of the municipal district, which must contain the provision on territorial planning and graphic materials:

1) a map of the planned placement of objects of local importance of the municipal district;

2) a map of the boundaries of settlements (including the boundaries of formed settlements) located on inter-settlement territories;

3) a map of functional zones established in inter-settlement territories, if it is planned to place objects of federal significance, objects of regional significance, objects of local significance (with the exception of linear objects) in inter-settlement territories.

In Art. 2 of the Federal Law “On the General Principles of Local Self-Government”, an inter-settlement territory is defined as a territory located outside the boundaries of settlements.

If there is no territory outside the boundaries of settlements within the boundaries of the municipal district, the territorial planning scheme of the municipal district should contain only a map of the planned location of objects of local significance of the municipal district.

2. Part 2 of the commented article determines the content of the provision on territorial planning, which should contain:

1) information about the types, purpose and names of the objects of local significance of the municipal district planned for placement, their main characteristics, their location (the names of the settlement, inter-settlement territory, settlement are indicated), as well as the characteristics of zones with special conditions for the use of territories in the event that the establishment such zones are required in connection with the placement of these objects;

2) the parameters of the functional zones established in inter-settlement territories, if it is planned to place objects of federal significance, objects of regional significance, objects of local significance (with the exception of linear objects) in inter-settlement territories, as well as information about objects of federal significance planned for placement in these zones , objects of regional importance, objects of local importance.

If there is no territory within the boundaries of the municipal district that is outside the boundaries of settlements, the provision on territorial planning should contain only information about the types, purpose and names of objects of local significance of the municipal district planned for placement, their main characteristics, their location, as well as characteristics of zones with special conditions for the use of territories in the event that the establishment of such zones is required in connection with the placement of these objects.

The location of objects of local importance planned for placement on the territory of a settlement as part of a municipal district and on an inter-settlement territory is determined with varying accuracy.

On the territory of the settlement, the location of the object is determined to the nearest settlement, while on the inter-settlement territory - to the functional zone. The functional zone can be located, among other things, within the boundaries of a settlement located on an inter-settlement territory.

Clarification of the location of an object of local importance on the territory of the settlement to the functional zone is carried out during the preparation of the master plan of the settlement.

It should be noted that earlier the goals and objectives of territorial planning were included in the content of the provision on territorial planning. Federal Law No. 41-FZ of March 20, 2011 “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation Regarding Territorial Planning Issues” excluded goals and objectives from the content of the provision.

E.K. Trutnev, Director of Real Estate Reforms at the Institute for Urban Economics Foundation, commenting on the provisions of the Civil Code of the Russian Federation, negatively assesses the above change. According to the expert, the main reason for the exclusion of goals and objectives from the content of the provision on territorial planning was the perception of territorial planning as a purely technological action - planning the placement of facilities par excellence. Technological actions are what is “at the end”, this is what cannot and should not develop its own meanings, but should only perceive meanings “from outside” (from strategic planning) and embody them through mechanistic "projection". Technological actions, as something “at the end”, cannot have specifics in terms of goal setting, cannot set goals and objectives for themselves. Arguing the need for goals and objectives in the content of territorial planning documents, E.K. Trutnev notes that territorial planning cannot be a passive repeater of some external “extra-territorial and extra-spatial” decisions, cannot be intended solely for mechanistic display in the form of “projections” of decisions developed within the framework of strategic planning, where parametric modeling cannot be in principle ( due to the fact that strategic planning has other goals, other methods and other technologies, the use of which does not and cannot solve these issues in principle).
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See: Trutnev E.K. Commentary to the Town Planning Code of the Russian Federation regarding the institution of territorial planning, as amended by the Federal Law “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation Regarding Territorial Planning Issues” dated 03.20.2011 N 41-FZ. M., 2011.

It seems that the above position in relation to territorial planning documents was shared by the now abolished Ministry of Regional Development of Russia. So, Methodological recommendations for the preparation of draft schemes for territorial planning of the subjects of the Russian Federation, approved. By order of the Ministry of Regional Development of Russia dated April 19, 2013 N 169, in order to justify the chosen option for placing objects of regional importance, it is recommended to carry out the concept of spatial organization of the territory as an independent research work or develop the concept of spatial (urban planning) planning as part of the materials to justify the projects of such schemes.

The task of urban planning justification is to link the priority areas of socio-economic development to the territory in the form of objects based on a balanced consideration of environmental, economic and social factors (fundamental external conditions and restrictions) and the formation of safe, favorable conditions for human life (i.e. structuring the territory according to priority uses).

The implementation of the above principles is ensured by the formation of a system of economic, social and environmental frameworks of the territory based on a balanced consideration of the fundamental external conditions and restrictions on the development of the territory.

In order to structure and unify information about objects of federal, regional and local significance necessary for the preparation and use of territorial planning documents, Order of the Ministry of Economic Development of Russia dated December 7, 2016 N 793 approved the requirements for the description and display in territorial planning documents of objects of federal significance, objects regional significance, objects of local significance.

Requirements for the description and display in the documents of territorial planning of objects of federal significance, objects of regional significance, objects of local significance are subject to application:

— when preparing and amending the territorial planning documents of the Russian Federation, subjects of the Russian Federation and municipalities;

- when creating and maintaining state and municipal information systems for ensuring urban planning activities;

- when organizing information interaction of various information systems in order to resolve issues related to the development of territories at the state and municipal level.

To ensure the information interaction of state and municipal information systems containing information on the state, restrictions on the use and development of territories, and the integration of this information into the FSIS TP, requirements are established for the description and display of spatial data included in the information specified in Part 2 of Art. 57.1 of the Civil Code of the Russian Federation, as well as a list of spatial data layers (objects), the structure of attribute data and directories.

It should be noted that the explanatory note to the draft of the above Order provides an explanation that the coordinate location (binding) of the symbols of the planned objects on the maps cannot be unambiguously used when preparing the coordinate description of the projects of land boundaries for these objects. Clarification of the location of the objects planned for placement should be carried out at the stages of the implementation of territorial planning documents through the preparation of urban planning and land management documentation.
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See: draft Order of the Ministry of Economic Development of Russia “On Approval of the Requirements for the Description and Display in the Documents of Territorial Planning of Objects of Federal Significance, Objects of Regional Significance, and Objects of Local Significance” // Federal portal of projects of normative legal acts. URL: regulation.gov.ru/projects#npa=56052 (date of access: 02/28/2017).

3. Part 3 of the commented article establishes that the maps of the territorial planning scheme of the municipal district display:

- objects of local significance of the municipal district planned for placement;

- the boundaries of settlements (including the boundaries of formed settlements) located on inter-settlement territories;

- the boundaries and description of the functional zones established in inter-settlement territories, indicating the objects of federal significance planned for placement in these zones, objects of regional significance, objects of local significance (with the exception of linear objects) and (or) the location of linear objects of federal significance, linear objects of regional values, linear objects of local importance.

Part 3 of the commented article also contains an open list of areas that should include objects of local importance planned for placement.

At the same time, according to paragraph 21 of Part 2 of Art. 26.3 of the Federal Law of October 6, 1999 N 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" healthcare facilities are necessary for the exercise of the powers of state authorities of the subject of the Russian Federation. Thus, in accordance with the criteria for referring to objects of local importance, enshrined in paragraph 20 of Art. 1 of the Civil Code of the Russian Federation, healthcare facilities, as a general rule, have regional significance and are subject to display on the territorial planning schemes of the constituent entities of the Russian Federation.

An exception is the established part 2 of Art. 16 of the Federal Law of November 21, 2011 N 323-FZ “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”, the case when certain powers of state authorities of the constituent entities of the Russian Federation in the field of health protection are transferred by them for implementation by local governments and the provision of medical care to citizens is carried out medical organizations municipal system healthcare.

The territorial planning scheme of a municipal district, along with the state real estate cadastre (since January 1, 2017, the unified state real estate register), is a legitimate source of information about the established boundaries of settlements.

Example: The Arbitration Court of the North-Western District, when checking the legality of the contested judicial acts in cassation, found that the courts, in support of their position, refer to the duty map of the city with the established boundaries of the settlement with respect to highways. According to the cassation instance, this position is unreasonable, since it does not meet the requirements of the Civil Code of the Russian Federation, and the courts’ reference to the duty map of the city with established boundaries relative to highways without reference to the map of the boundaries of the settlement indicated in the relevant territorial planning scheme cannot be considered appropriate evidence (see Ruling Arbitration Court of the North-Western District of August 3, 2015 in case N A21-2026/2014).

Information about the objects of federal and regional significance planned for placement in functional zones is given on the basis of territorial planning documents of the Russian Federation and the constituent entity of the Russian Federation.

According to part 5 of Art. 9 of the Civil Code of the Russian Federation, the preparation of territorial planning documents is carried out, among other things, on the basis of strategies (programs) for the development of individual sectors of the economy, priority national projects, interstate programs, programs for the socio-economic development of the constituent entities of the Russian Federation, taking into account programs adopted in the prescribed manner and implemented at the expense of funds federal budget, budgets of subjects of the Russian Federation, decisions of state authorities, other main managers of the funds of the relevant budgets, providing for the creation of objects of federal significance, objects of regional significance.

Thus, information about the objects of federal and regional significance planned for placement in functional zones can be obtained from the above strategic planning documents.

It seems that strategies, projects and programs can act as sources of information about objects of federal and regional significance to be displayed on maps of the territorial planning scheme of a municipal district, only if such documents contain information about the location of the planned objects (for example, to the settlement) .

If a specific location of an object is not indicated in the strategic planning document or an approximate or alternative location is given, such an object, in the absence of relevant information in the territorial planning documents of the Russian Federation or a constituent entity of the Russian Federation, cannot be displayed on the maps of the approved part of the territorial planning scheme of the municipal district.

Example: The Judicial Collegium for Administrative Cases of the Armed Forces of the Russian Federation, considering an administrative case on declaring invalid in part the Spatial Planning Scheme of the Partizansky Municipal District, approved by the decision of the Duma of the Partizansky Municipal District of Primorsky Territory dated December 27, 2010 N 207 “On Approval of the Spatial Planning Scheme of the Partizansky Municipal District district”, as amended by the decision of the Duma of the Partizansky municipal district of Primorsky Krai dated March 27, 2015 N 162, established that at the time of the consideration of the case in the court of appeal, the Government of the Russian Federation had not made a decision to create the TASED “Petrochemical”, displayed on the members of the scheme territorial planning of the Partizansky municipal district maps, its boundaries are not defined; evidence of the inclusion of TASED "Neftekhimichesky" in the territorial planning documents of the Russian Federation in the case file is not presented. Based on the foregoing, the Board decided to recognize the territorial planning scheme of the Partizansky municipal district as invalid from the date of adoption in terms of placing on the maps of the territorial planning scheme of the Partizansky municipal district “Map of functional zoning of the territory. Map of the planned location of objects of federal, regional and local significance "(Appendix N 2), "Project plan" (Appendix N 3), "Scheme for the development of transport and engineering infrastructure" (Appendix N 5) of an object of other significance "TOSER "Petrochemical" (see Appellate ruling of the Supreme Court of the Russian Federation dated June 23, 2016 N 56-APG16-7).

If there are proposals for the placement of such objects, they can be displayed on maps of materials to justify the territorial planning scheme of the municipal district.

If there is no territory within the boundaries of the municipal district that is outside the boundaries of settlements, only objects of local importance of the municipal district planned for placement are displayed on the maps of the territorial planning scheme of the municipal district.

According to clause 5.3.1 “SP 47.13330.2012 Engineering surveys for construction. Basic provisions. Updated edition of SNiP 11-02-96, approved. By order of the Gosstroy of Russia of December 10, 2012 N 83 / GS, territorial planning is carried out using topographic maps and plans (in digital and graphical forms), materials engineering surveys and remote sensing of the Earth for the development of territorial planning schemes for municipal districts - based on topographic maps at a scale of 1:50,000, 1:25,000.

4. Part 4 of the commented article establishes that materials on their justification in text form and in the form of maps should be attached to the territorial planning schemes of a municipal district.

The explanatory note substantiating the decisions of the scheme of territorial planning of the municipal district provides, among other things, information on plans and programs for the integrated socio-economic development of the municipality, for the implementation of which objects of local importance are being created.

Relevant information is given when available, which means that the preparation of a territorial planning scheme for a municipal district can be carried out in the absence of the above plans and programs.

It should be noted that on the issues of adopting plans and programs for the integrated socio-economic development of municipalities, the Federal Law “On Strategic Planning in the Russian Federation” is subject to application, according to which the powers of local governments in the field of strategic planning include:

— determination of long-term goals and objectives of municipal management and socio-economic development of municipalities, consistent with the priorities and goals of the socio-economic development of the Russian Federation and the constituent entities of the Russian Federation;

- development, consideration, approval (approval) and implementation of strategic planning documents on issues related to the powers of local governments;

— monitoring and control of the implementation of strategic planning documents approved (approved) by local governments;

— other powers in the field of strategic planning, determined by federal laws and municipal regulatory legal acts.

In accordance with paragraph 33 of Art. 3 of the Federal Law “On Strategic Planning in the Russian Federation”, a strategy for the socio-economic development of a municipality is understood as a strategic planning document that defines the goals and objectives of municipal government and socio-economic development of the municipality for the long term.

A.V. Madyarova believes that in municipal regulatory legal acts the concepts of "plan for the integrated socio-economic development of the municipality" and "program for the integrated socio-economic development of the municipality" can be used as identical (unambiguous) corresponding to the concepts of "action plan for the implementation of the strategy of socio-economic development of the municipality" and "strategy of socio-economic development of the municipality" . According to the expert, in this case, the municipality does not require the adoption of separate documents as a plan for the integrated socio-economic development of the municipality and a program for the integrated socio-economic development of the municipality, in addition to the strategy for socio-economic development and the action plan for implementing the strategy for socio-economic development of the municipality.
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  • Chapter I.1. Formation of land plots
  • 11. Ownership of land: forms, types, content, grounds for occurrence.
  • 12. State ownership of land
  • 2. Land and other natural resources not owned by citizens, legal entities or municipalities are state property.
  • 13. Municipal ownership of land
  • 14. The procedure for delimiting state ownership of land
  • Federal Law No. 101-FZ of July 17, 2001 "On the Delimitation of State Ownership of Land"
  • 15. Ownership of land plots of citizens and legal entities
  • 16. The concept and classification of limited rights to land
  • 17. The right of permanent (unlimited) use and lifetime inheritable possession of a land plot.
  • 19. Lease of land
  • The main features of land lease:
  • Features of land lease:
  • Grounds for terminating a land lease agreement
  • 20. The right to free use of land
  • 21. Turnover capacity of land plots
  • 1.2.2. Turnover capacity of land plots
  • 22. Restrictions on rights to land
  • 23. General characteristics of the grounds for the emergence of rights to land
  • Grounds for the emergence of ownership of land
  • Grounds for the acquisition of land in the property:
  • Transfer of ownership of a land plot on the basis of an alienation transaction
  • Transfer of ownership of land plots by inheritance
  • Transfer of the right to a land plot that is in state or municipal ownership
  • Emergence of the right of ownership upon transfer of ownership of the building, structure and structure
  • 24. General characteristics and classification of grounds for termination of rights to land plots Grounds for termination of land ownership rights
  • Alienation by the owner of his land plot to other persons
  • Refusal of the owner of the right of ownership of the land
  • Compulsory seizure from the owner of his land plot
  • 25. Features of transactions with land plots
  • Provision of land for construction in the property without prior approval
  • The procedure for providing a land plot for construction without prior approval of the location of the facility:
  • Provision of land plots for construction with prior approval
  • The procedure for providing a land plot for construction with a preliminary agreement on the location of the facility:
  • 1) the Government of the Russian Federation, in relation to land plots that are in federal ownership;
  • 2) by a public authority of a constituent entity of the Russian Federation, in relation to land plots owned by a constituent entity of the Russian Federation, and land plots, state ownership of which is not delimited;
  • 3) Local self-government body, in relation to land plots that are in municipal ownership.
  • 27. Cases and procedure for granting land plots in state or municipal ownership without tenders.
  • 28. Cases of using land plots that are in state or municipal ownership, without providing land plots
  • 32. Registration of rights to land plots by the owners of buildings and structures
  • Redemption of land by the owners of buildings, structures and structures located on these land plots.
  • 33. Waiver of rights to land
  • 34. The procedure for the withdrawal of land for state and municipal needs.
  • Grounds for withdrawal of land plots for state and municipal needs
  • The procedure for the withdrawal of land plots for state and municipal needs
  • Bodies that make decisions on the withdrawal of land plots for state or municipal needs:
  • With a petition for the withdrawal of a land plot, the right to apply:
  • Petition for withdrawal of land:
  • Conditions for withdrawal of land plots for state or municipal needs
  • 35. Land reservation for state and municipal needs Land reservation for state or municipal needs.
  • Decree of the Government of the Russian Federation of July 22, 2008 N 561 Moscow "on certain issues related to the reservation of land for state or municipal needs"
  • 36. Grounds and procedure for the forced seizure of land plots in connection with the improper use of land plots
  • Withdrawal of land by court decision
  • In case of forced seizure of a land plot, the court determines:
  • Temporary seizure of a land plot (requisition)
  • Withdrawal of a land plot due to its improper use
  • 37. System and powers of state executive authorities in the field of land relations
  • Competence of public authorities in the field of regulation of land relations
  • Competence of local self-government bodies in the field of regulation of land relations
  • 38. Functions of state administration in the field of land use and protection
  • The main tasks of state management of land resources:
  • The content of state administration in the field of land use and protection:
  • Management functions in the field of land use and protection
  • 40. Land management
  • Organization and procedure for land management
  • Main land management activities:
  • 41. Territorial planning. Types of territorial planning documents.
  • 42. Land monitoring
  • Content of state land monitoring:
  • Tasks of state land monitoring:
  • Types of land monitoring depending on the purpose of monitoring and the area under observation:
  • 43. Payment for land: types, procedure, legal significance
  • Forms of payment for the use of land:
  • Land tax
  • Taxpayers (Article 388 of the Tax Code of the Russian Federation):
  • Object of taxation (Article 389 of the Tax Code of the Russian Federation):
  • Land rent
  • 44. Evaluation of land plots: types, procedure, legal significance. Legal basis for land valuation
  • 45. State cadastral registration of land plots.
  • 46. ​​State registration of rights to land. Legal and legal documents.
  • Legal basis for state registration of rights to land:
  • Grounds for state registration of rights to a land plot (Article 16 fz):
  • The procedure for state registration of rights to a land plot:
  • State registration of rights may be denied:
  • Document types
  • Legal force
  • Loss of documents
  • 47. State land supervision. Bodies of state land supervision, their powers.
  • Chapter XII of the RF LC establishes the following types of supervision and control over the use and protection of land:
  • State land supervision (Article 71 of the Land Code of the Russian Federation)
  • Municipal land control (Article 72 of the Land Code of the Russian Federation)
  • Public land control (Article 72.1 of the Land Code of the Russian Federation)
  • 48. Types and content of legal liability for violation of land legislation Legal liability for violation of land legislation
  • 49. Legal regime of lands: concept, methods of establishment The concept of the legal regime of lands
  • Types of legal regime of lands:
  • Elements of the legal regime of lands:
  • Unity and differentiation of the legal regime of the lands
  • 50. Division of land into categories: content, legal significance. Land categories
  • 51. Zoning as a way to establish the legal regime of land and land. Permitted use of land.
  • 52. Legal regime of a land plot: concept, content
  • Subjects of agricultural land use:
  • The procedure for granting and withdrawing agricultural land
  • Features of withdrawal of agricultural land
  • 54. Legal regime of agricultural land
  • 55. Legal regime of lands of settlements
  • 57. Legal regime of lands of specially protected natural territories and objects
  • 58. Legal regime of forest fund lands
  • 59. General characteristics of the legal regime of the lands of the water fund The concept and general characteristics of the lands of the water fund
  • 60. Legal regime of reserve lands. Ratio of land to land redistribution fund
  • 41. Territorial planning. Types of territorial planning documents.

    Territorial planning - planning the development of territories, including the establishment of functional zones, zones of planned placement of capital construction objects for state or municipal needs, zones with special conditions for the use of territories.

    Functional zones - zones for which the boundaries and functional purpose are defined by territorial planning documents.

    Zones with special conditions for the use of the territory - security, sanitary protection zones, zones of protection of objects of cultural heritage of the peoples of the Russian Federation, water protection zones, zones of protection of sources of drinking water supply, zones of protected objects, other zones established in accordance with the legislation of the Russian Federation.

    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. Limiting sizes of land plots and limiting parameters of permitted construction, reconstruction of capital construction facilities, as well as restrictions on the use of land plots and capital construction facilities.

    Urban planning zoning - zoning of the territories of municipalities in order to determine territorial zones and establish urban planning regulations.

    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 how to amend it.

    Territorial zone - a part of the territory, which is characterized by a special legal regime for the use of land plots and whose boundaries are determined during the zoning of land in accordance with land, urban planning, forestry, water legislation, as well as taxes and fees, on environmental protection and other legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation (paragraph 6, article 1, chapter 1 of the Federal Law of the Russian Federation of January 2, 2000 No. 28-FZ “On the State Land Cadastre”).

    One of the important issues of territorial planning is the division of land according to the intended purpose into categories, as well as the zoning of the territory.

    The lands according to their intended purpose are divided into the following categories:

    - agricultural land;

    - settlements;

    - industry, energy, transport, communications, broadcasting, television, computer science, to ensure space activities, defense, security and land for other special purposes;

    – specially protected territories and objects;

    forest fund;

    – water fund;

    - stock.

    Such a division of the lands of the Russian Federation into categories is the first stage of delimiting lands according to their intended purpose, in essence the first stage of a kind of spatial zoning of the territory of the state.

    At the same time, the boundaries of lands of various categories are determined by delimitation from each other, guided by the materials of land management, town planning and forest management documentation.

    According to the current legislation, certain categories of land can be divided into types, they may include land plots assigned to different territorial zones.

    In the section on the composition of lands of settlements, the positions of the Town Planning and Land Codes coincide and, on this basis, the named category of lands may include residential, public and business, industrial zones, engineering and transport infrastructure, agricultural use, recreational purposes, specially protected areas, special purposes, placement of military facilities and other types of territorial zones.

    The new Town Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ (as amended by Federal Law No. 343 dated December 27, 2009) establishes the following types of territorial planning documents:

    1) territorial planning schemes of the Russian Federation in the region:

    - development of federal transport, means of communication, information and communications;

    Defense of the country and security of the state;

    Energy development;

    Use and protection of the forest fund;

    Use and protection of water bodies;

    Development and placement of specially protected natural areas of federal significance;

    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;

    Development of space activities;

    natural monopolies;

    In other areas provided for by the legislation of the Russian Federation;

    2) schemes for territorial planning of a subject of the Russian Federation, including: maps (schemes) of the planned development and placement of protected natural areas of regional significance, changes in the boundaries of agricultural land and the boundaries of agricultural land as part of agricultural land, as well as maps (schemes) of the planned placement capital construction projects of regional importance, including:

    Objects of energy systems of regional importance;

    Objects of transport, means of communication, informatics and communications of regional importance;

    Linear objects of regional importance that ensure the activities of subjects of natural monopolies;

    Other objects, the placement of which is necessary for the implementation of the powers of the constituent entities of the Russian Federation determined by federal laws and laws of the constituent entities of the Russian Federation;

    3) documents of territorial planning of municipalities:

    Territorial planning schemes for municipal districts;

    General plans of settlements;

    General plans of urban districts.

    According to Art. 19 of the Town Planning Code of the Russian Federation, the territorial planning scheme of a municipal district includes maps (schemes) of the planned placement of capital construction facilities of local importance, including:

    Electricity and gas supply facilities within the boundaries of the municipal district;

    Public roads between settlements, bridges and other transport engineering structures outside the boundaries of settlements within the boundaries of the municipal district;

    Other objects, the placement of which is necessary for the exercise of the powers of local governments of the municipal district.

    Provided by the Town Planning Code of the Russian Federation of December 29, 2004 No. 190-FZ (as amended by FZ - No. 343 of December 27, 2009) and the Federal Law "On the Entry into Force of the Town Planning Code of the Russian Federation" of December 29, 2004 No. 191-FZ, the territorial planning system in our country has the following significant shortcomings that will not allow scientifically based planning and organization rational use lands and their protection only as part of urban planning documentation.

    Firstly, the adopted concept of territorial planning proceeds from the interests of the development of settlements, as well as in some part of the planned placement of capital construction objects for industrial, transport, energy and other purposes. This concept at one time (late 60s - early 70s of the last century) also prevailed in economically developed foreign countries, primarily in Western Europe. This led to unregulated development, the growth of cities, and in conditions of land shortage and high population density, to a violation of the ecological stability of the territory.

    At the end of the 20th century, the concept of territorial planning abroad began to focus on public values ​​and the primary service to the public interest. It is carried out under the mottos: "Ecology for all", "Nature protection and creation of sustainable production", and in rural areas - "Socio-economic development rural areas and maintaining the environmental sustainability of the area.” At the same time, the previously unshakable foundations of private ownership of land and other real estate are affected, and national and public interests, the processes of "socialization of land use" are put at the forefront.

    In this regard, territorial planning is carried out on the basis of state, regional and municipal plans for the use of land and their protection, taking into account the zoning of the territory. The plans are binding and publicly discussed. Moreover, depending on the level of planning and the type of territory (rural and urban), the types and content of plans differ significantly.

    Secondly, the territorial planning documents established by the Town Planning Code of the Russian Federation, in contrast to land management documentation for planning the use of land and their protection, consider the land (territory) only as an object of urban planning, which in practice can lead to unjustified development of agricultural land , forest fund, specially protected areas, etc.

    Thirdly, given the fact that urban planning regulations as components of the Rules for Land Use and Development, in accordance with paragraph 6 of Art. 36 of the Town Planning Code of the Russian Federation are not established at all for forest lands, water funds, reserve lands, most of specially protected natural areas (with the exception of lands of medical and recreational areas and resorts), agricultural lands as part of agricultural land, more than 90% of all land of the country cannot be covered by the relevant norms and rules of land use, and, consequently, be in the field of territorial planning and urban zoning. Therefore, for all the above categories of land not covered by town planning regulations, planning of land use and their protection should be the area of ​​land management activities and be carried out on the basis of land management documentation.

    Fourthly, territorial planning is a tool for implementing the land policy of the state. Therefore, it should be end-to-end, that is, hierarchically interconnected at various levels of government, realizing and linking federal, regional and local interests through a system of logically, informationally and technologically interconnected territorial planning documents. All over the world, the development of territorial planning documents goes from the general to the particular both vertically (state - region - municipality) and horizontally (the entire economy - sectors of the economy). In this regard, territorial planning should be either comprehensive or sectoral.

    At the same time, the Town Planning Code of the Russian Federation (Articles 9-19) does not provide for the development of comprehensive territorial planning documents, which will introduce serious difficulties in balancing the development of industries and compiling a consolidated land explication of the territory being developed. In addition, different types of territorial planning documents related to different levels of government do not correlate with each other either in name or in content.

    From the above, the following conclusions can be drawn:

    1. Urban planning activities in the form of territorial planning, as well as the Land Use and Development Rules, apply to the categories of land subject to urban planning regulations, namely: lands of cities and towns, industry, transport and that part of other categories where land plots are occupied by objects of capital construction.

    Urban planning zoning, carried out within the framework of urban planning activities, has the authority to resolve land use issues only to the extent that it can be provided with information about the quality of land, the conformity of quality to the intended purpose of land, and the organizational and economic prerequisites for the development of land use. This suggests that the territorial specificity of land use, displayed on urban planning schemes, is of a secondary nature, that is, it is the result of territorial zoning of land, which must be carried out as part of land management, since the study of land is within its competence.

    Therefore, territorial planning should not be an object of urban planning, but an object of land management activities.

    The history of the prototype of the scheme of territorial planning of the municipality is known in the Russian Federation in the form of district planning schemes. District planning schemes were drawn up by land management organizations on the territory of all administrative regions of our country in the 1960s and early 1970s. They solved the issues of improving the system of resettlement, distribution of productive forces on the territory of the region, territorial organization of production and placement of industrial and social infrastructure facilities (capital construction facilities of local importance).

    In total, more than two thousand district planning schemes were developed during this period. Subsequently, in the development of these schemes on the territory of administrative districts, land management organizations compiled land management schemes, which detailed the issues of development, transformation and land reclamation, development of the agro-industrial complex of the districts and nature protection.

    2. Relations relating to the zoning of territories outside the boundaries of settlements should be regulated not by the town planning code of the Russian Federation, but by land legislation. In this regard, it is necessary to develop and put into effect the Federal Law "On Zoning of Territories", to introduce additions and amendments to the Land Code of the Russian Federation, the Federal Law "On Land Management" and other regulatory legal acts containing provisions on zoning of territories.

    3. Due to the fact that when establishing the border of a settlement, the interests of various administrative-territorial formations collide with each other, the owners of land plots, the boundaries of categories and the legal regime of land change, the priorities for the development of different types of land use (urban, agricultural, forestry, water and etc.), the establishment of the boundaries of settlements should be included in the composition of land management, and not urban planning, which will ensure an independent and objective solution to these issues. This situation has already taken place in our country and justified itself in practice. In the context of the developing market turnover of land, this will ensure transparency, validity and social justice of decisions made. Therefore, paragraph 2 of Art. 84 of the Land Code of the Russian Federation.

    4. Taking into account the fact that only 5.2 million hectares (27.3%) out of 19.1 million hectares 1 of settlement land under construction and roads are occupied, and the remaining areas are: agricultural land - 9.1 million hectares (47.6%), forest lands and areas under trees and shrubs - 2.6 million hectares (13.6%), other lands and water bodies - 2.2 million hectares (11.5%), organization the use of undeveloped territories should be carried out on the basis of plans for the land management of cities, also related to land management documentation. The procedure for the development and content of such plans, which have justified themselves in the practice of organizing rational land use in cities, are well known in land management.

    In general, for a scientifically based solution and regulation of all issues of territorial planning, it is necessary to correct the newly adopted urban planning and existing land legislation, which determines the main provisions for planning the rational use of land and their protection in the system of land management documentation.

    Also, land use planning for settlements is carried out on the basis of the development of a master plan, which is the main document for land planning of settlements for the future and in which, based on the analysis of land use, the forecast for the development of economic sectors and the population, a scientifically based determination of the prospective area of ​​a settlement, its borders, functional, territorial zoning, land use and development rules, all issues of territorial planning of settlements are resolved.

    1. Territorial planning is aimed at determining in territorial planning documents the designation of territories based on a combination of social, economic, environmental and other factors in order to ensure the sustainable development of territories, the development of engineering, transport and social infrastructures, ensuring that the interests of citizens and their associations, the Russian Federation, subjects of the Russian Federation, municipalities.

    2. Documents of territorial planning are divided into:

    1) documents of territorial planning of the Russian Federation;

    2) territorial planning documents of two or more constituent entities of the Russian Federation, territorial planning documents of a constituent entity of the Russian Federation;

    3) documents of territorial planning of municipalities.

    3. Documents of territorial planning are obligatory for public authorities, local governments when they adopt decisions and implementation of such solutions. Territorial planning documents of two or more constituent entities of the Russian Federation, territorial planning documents of a constituent entity of the Russian Federation and territorial planning documents of municipalities are not subject to application in the part that contradicts the approved territorial planning documents of the Russian Federation from the date of approval.

    (see text in previous edition)

    3.1. Availability of an approved territorial planning document for two or more constituent entities of the Russian Federation or preparation of a project this document does not prevent the preparation and approval of territorial planning documents of a constituent entity of the Russian Federation, as well as the introduction of amendments to territorial planning documents of a constituent entity of the Russian Federation approved in accordance with this Code.

    3.2. The territorial planning documents of a constituent entity of the Russian Federation shall be subject to alignment with the approved territorial planning documents of two or more constituent entities of the Russian Federation if the placement of objects of regional importance provided for by the territorial planning documents of a constituent entity of the Russian Federation prevents the placement of objects of regional significance provided for by the territorial planning documents of two and more more than subjects of the Russian Federation. Until the territorial planning documents of a constituent entity of the Russian Federation are brought into line with the approved territorial planning documents of two or more constituent entities of the Russian Federation, the territorial planning documents of a constituent entity of the Russian Federation shall not be applied in the part that contradicts the approved territorial planning documents of two or more constituent entities of the Russian Federation, from the date of approval.

    3.3. Documents of territorial planning of municipalities are not subject to application in the part that contradicts the approved documents of territorial planning of two or more constituent entities of the Russian Federation, documents of territorial planning of a constituent entity of the Russian Federation, from the date of approval.

    4. It is not allowed to make decisions (with the exception of cases provided for by federal laws) by state authorities, local self-government bodies on reserving land, on withdrawing land plots for state or municipal needs, on transferring land or land plots from one category to another for the purpose of placing objects of federal significance in the areas specified in part 1 of article 10 of this Code, objects of regional importance, objects of local importance, subject, in accordance with this Code, to be displayed in territorial planning documents, and on the provision of land plots intended for the placement of these objects, if the placement of these objects is not provided for by the territorial planning documents of the Russian Federation in the areas indicated V part 1 of article 10 of this Code, territorial planning documents of two or more constituent entities of the Russian Federation, territorial planning documents of a constituent entity of the Russian Federation, territorial planning documents of municipalities, as well as on the transfer of land or land plots from one category to another for purposes not related to the placement of objects of federal significance, objects of regional importance, objects of local importance of municipal districts, in the absence of a master plan for an urban district or settlement (territorial planning scheme for a municipal district in the event of transfer of land or land plots located in inter-settlement territories from one category to another).

    (see text in previous edition)

    4.1. When preparing and approving territorial planning documents of two or more constituent entities of the Russian Federation, territorial planning documents of a constituent entity of the Russian Federation, territorial planning documents of municipalities, and when making changes to these territorial planning documents, it is not allowed to include provisions on territorial planning in these documents, the implementation of which will lead to the impossibility of ensuring the operation of existing or planned for placement of objects of federal significance.

    4.2. When preparing and approving territorial planning documents of municipalities and when making changes to these territorial planning documents, it is not allowed to include in these documents provisions on territorial planning, the implementation of which will lead to the impossibility of ensuring the operation of existing or planned for placement objects of regional significance.

    5. The preparation of territorial planning documents is carried out on the basis of strategies (programs) for the development of individual sectors of the economy, priority national projects, interstate programs, programs for the socio-economic development of the constituent entities of the Russian Federation, plans and programs for the integrated socio-economic development of municipalities (if any) with taking into account programs adopted in the prescribed manner and implemented at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, decisions of state authorities, local governments, other main managers of the funds of the relevant budgets, providing for the creation of objects of federal significance, objects of regional significance, facilities of local importance, investment programs of subjects of natural monopolies, organizations of the communal complex and information contained in the federal state information system of territorial planning (hereinafter also referred to as the information system of territorial planning).

    6. The preparation of territorial planning documents is carried out taking into account the provisions on territorial planning contained in the territorial planning documents of the Russian Federation, territorial planning documents of two or more constituent entities of the Russian Federation, territorial planning documents of a constituent entity of the Russian Federation, territorial planning documents of municipalities, and also taking into account proposals interested persons.

    (see text in previous edition)

    7. The authorized federal executive body, state authorities of the constituent entities of the Russian Federation, local governments are obliged to provide access to draft documents of territorial planning of the Russian Federation, territorial planning documents of two or more constituent entities of the Russian Federation, territorial planning documents of a constituent entity of the Russian Federation, territorial planning documents of municipal formations and materials on the justification of such projects in the information system of territorial planning using the official website on the Internet, determined by the federal executive body authorized to monitor compliance with the procedure for maintaining the information system of territorial planning (hereinafter, for the purposes of this chapter - the official website) at least three months prior to their approval.

    (see text in previous edition)

    8. The authorized federal executive body, state authorities of the constituent entities of the Russian Federation, local governments shall notify in electronic form and (or) through postal item state authorities and local self-government bodies in accordance with,, and this Code on providing access to draft territorial planning documents of the Russian Federation, territorial planning documents of two or more constituent entities of the Russian Federation, territorial planning documents of a constituent entity of the Russian Federation, territorial planning documents of municipalities and materials on the justification of such projects in the information system of territorial planning within three days from the date of providing this access.

    (see text in previous edition)

    9. Access to approved territorial planning documents of the Russian Federation, territorial planning documents of two or more constituent entities of the Russian Federation, territorial planning documents of a constituent entity of the Russian Federation, territorial planning documents of municipalities and materials on their justification in the territorial planning information system must be provided using the official website respectively authorized by the federal executive body, state authorities of the constituent entities of the Russian Federation, local government bodies within a period not exceeding ten days from the date of approval of such documents.

    14. No changes are made to the schemes of territorial planning of the Russian Federation, schemes of territorial planning of two or more constituent entities of the Russian Federation, schemes of territorial planning of subjects of the Russian Federation, schemes of territorial planning of municipal districts in cases of changing the location of existing objects of federal significance, objects of regional significance or objects of local the importance of the municipal district as a result of the withdrawal of land plots on which they were previously located, for state or municipal needs within the boundaries of the same municipalities, settlements on the territories of which the seized land plots are located, changes in the location of objects of federal significance, regional significance or local the values ​​of the municipal district within the boundaries of the same municipalities, settlements, on the territories of which it was planned to place such objects, as well as in the event of a change in the names of the municipality, settlement, including in connection with their transformation, or in the event of a change in the names of objects of federal significance , regional significance or local significance of the municipal district, if this does not lead to a change in their purpose, main characteristics or location.

    Keywords: strategic planning, master plan, urban economics, clusters.

    Forecasting and planning territories, within the framework of strategic planning, in a complex landscape, under the influence of a transport corridor, is of great interest for the Urals, since cities were mainly formed from factories on rivers, and this is relevant for all countries. The problem of imperfect use of a number of existing resources, namely the four main components (minerals; the position of the city in the territorial-industrial cluster; the role industrial enterprises located within the city and industrial complex the whole country; landscape) to create a new functional and comfortable human environment. It should be noted that initially social problems and concern for the quality of human life, respectively, the territories are considered as settlement systems. Often, territories with good potential, with illiterate management and planning, become depressive, which is unacceptable for the Russian Federation.

    The Country Development Strategy 2030 defines the main goal of the socio-economic development of Russia - a long-term perspective of ways and opportunities to ensure a sustainable increase in the welfare of the population of the Russian Federation, national security, economic development, and strengthening Russia's position in the world community. To achieve this goal, a significant role is assigned to territorial planning, urban planning in municipalities. The model of dynamic and balanced development of the Urals should be based on a competent combination of the economy, social sphere and spheres of nature management, taking into account the historical features of the study area.

    The urban planning doctrine of the Russian Federation, as the main part of territorial planning, designates the human right to a balanced material environment, security, a decent quality of life, as well as a significant improvement in the spatial organization of the country by means of urban planning. Defines the principles of urban planning, including sustainable development and harmonization of social development; raises the problems of small towns and villages, often embodying uniqueness, natural diversity country, as well as the problem of uneven distribution of urban and rural settlements on the territory of the country.

    In accordance with these provisions, it is necessary to strive to improve settlement systems, wisely using existing resources.

    Many authors consider issues related to the problem posed. Some works are futuristic, idealization of the developed model, while others are more practical. The questions of the organization of settlement systems and the creation of idealized models were dealt with by V. Kristaller, B. J. Garner, V. A. Shuler; B. B. Rodoman, A. G. Topchiev, B. M. Ekkel. For the first time, the issues of interaction between settlement and transport are considered in the concepts of the Spanish engineer A. Soria-iMata, who was engaged in linear systems and presented the transport corridor as a “settlement channel”.

    Modern research is more applicable in project activities. These are the studies of A. A. Agasyants, M. Ya. Vilner, A. V. Ikonnikov, M. G. Barkhin, connected with the transport and settlement framework of the country. social issues considered Vagin V. V., Khan-Magomedov S. O., Yargina Z. N., Khachatryants K. K.

    Despite the large number of authors dealing with related topics, at the moment there has not been developed a scientific concept of the urban planning organization of local settlement systems, focusing on the social well-being of a person; there is no comprehensive theory on the rational use of the rich resources of the territory and the role of industrial enterprises of the city, applicable within the framework of the strategic plan of the whole country. There is not enough information about the formation and design of city-forming and city-supporting enterprises, the formation of recreational zones and residential areas.

    1. Basic conceptual apparatus

    Geographical approach: a territory is a limited part of the solid surface of the earth, characterized by a certain area and geographical position.

    State territory - a certain part of the earth's surface, which is under the sovereignty of a given state. It includes land, internal waters, subsoil, territorial waters, air space above them and is separated from the territory of other countries by a state border.

    Modern interpretation: the territory is defined as part of the earth's surface, including land, water surface, bowels and air space above them.

    Territory is an earthly space with certain boundaries.

    In the scientific literature, the territory is characterized as: industrial and production space, economic space, agricultural space, geographical space, space for people to live.

    The territory, considered as an integral part of people's life, becomes a humanized territory, as a result, it receives its individuality, its special features and its exceptional properties, becomes an economic phenomenon, which allows us to speak of it not as a certain geographical space, but as a spatial and economic phenomenon. Any territory, as soon as it begins to be mastered by people, turns from a geographical space into a spatial-economic phenomenon. All socio-economic measures cease to act as the development of living space, as the subordination of nature to the interests of people. The exaltation of man begins to be expressed not in violence against environment, but in the ability to find harmony with space and nature, in identifying oneself as part of space and nature.

    The increase in the production and life of people, the importance and role of knowledge, their transformation into a source of creation of material goods and services leads to the complication of the characteristics of space. The territory is the environment (space) for the deployment of a system of people's knowledge and their moral and cultural values. New economic resources of the territory appear. This is the intellectual potential Innovation potential. Together they form an intellectual and innovative space. Intellectual potential leads to the emergence high technology, the release of science-intensive products, the transformation production processes and ultimately to change the very way of life of the population. As a result, a new image of the territory appears as a special intellectual space.

    Innovation potential is a combination various resources that ensure its ability or readiness to use innovations. The phenomenon of "territory" within the framework of administrative-territorial formations is regions, regions, territories, autonomous regions, municipalities, settlements, other administrative-territorial units. The innovativeness of a territory is understood as its ability to generate innovations. The concept of growth poles interprets that pockets of well-being arise around individual enterprises, and innovations spread from the center to the periphery.

    The novelty is a new concept, the concept of a growth area, which involves active innovative development not of individual points of growth, but of the entire territory of the municipality (urban district). Innovative development is a controlled process of changes in various spheres of life of the municipality, aimed at achieving a high quality of life on the territory of the municipality with the least damage to natural resources and the highest level of satisfaction of the current and future collective needs of the population and the interests of the state.

    The models of innovative development include scientific, research, technology parks (technoparks), business incubators, innovation centers, technopolises, clusters, territorial production complexes, science cities.

    For the city, the main thing is a complete vision of its future. The mayor's office should have a clear understanding of whether the city will remain an industrial center or whether it needs to be redeveloped or diversified. The main thing in solving the problems of cities is the development and implementation of a strategy for their development, revealing an understanding of what specific actions should be taken in order to change the existing unfavorable trends and bring the economy to innovative tracks.

    2. Russian experience of territorial planning in the framework of strategic planning

    Settlement systems in Russia, consisting of small towns, face many problems. Among the main ones are the following:

    • lack of funding and lack of credible strategies for the development of human settlements;
    • the outflow of the rural population and the population of small towns to large metropolitan areas, the extinction of small settlements;
    • problems of transport, engineering infrastructure, low connectivity of rural settlements with administrative centers and centers of agglomerations;
    • progressive urbanization and the growing influence of society on the natural environment.

    The nature of the settlement system closely interacts with the real needs and interests of the people. The formation of the settlement system in modern conditions is largely due to socio-economic, rather than geographical reasons. If a settlement exists as a permanent place of residence, then a system has been created for attaching a person to this place: work, family, registration, etc. The value of individual elements of this system may decrease or increase depending on the development of mankind.

    Urbanization processes explain the reason that the distances between housing, working areas and recreational areas are increasing and burdensome for a large part of the population, the density of building and settlement is constantly increasing. At the same time, there is a clear connection between the nature of the settlement and the number of mental anomalies. In the foreground are neuroses and psychosomatic disorders.

    Life in the city and life in small towns differ significantly in dynamics. social processes, the predominant dissemination of culture through the media in comparison with natural, family exchange. Life activity in the city is much more diverse (this is due to the variety of activities); it has a much broader range of needs to be met and is generally more dynamic.

    The functionality of a large city and a small settlement generally coincides, but each type of settlement has its own specific features. For centuries, villages in Russia have performed the function of donors. More resources are borrowed from the village than are returned. Stable migration from small settlements to large cities is the reason for this. human labor resources and the income is used by the city, and the cost of education and study is borne by the village. Large cities constantly attract the population of small towns, villages, villages, which is due to the following reasons:

    • renewal, restructuring of the industry of the city;
    • a wide choice of places of application of labor;
    • the level of improvement of the city is much higher;
    • availability of amenities, communal and cultural services;
    • lack of motivation for hard rural work, etc.

    The above reasons determined the main direction of migration flows of residents: the outflow of the rural population to the city, “pulling” human resources from village to city. Villages are getting older and older. For example, the number of able-bodied people born in the village is no more than 20%. Fifty percent of the migrants who came to the village are pensioners, poorly trained and incapable of intensive productive work. There are happening in the village complex processes, which are associated with a change in the form of ownership, adaptation to taxes, loans, disparity in product prices Agriculture and industry. What is important is not the elimination of small settlements, but their social development, the effective modernization of local settlement systems, the creation of closer, stronger social connections between small and large settlements.

    These problems are not solved or are not solved in full due to various reasons. One of them is the lack of strategic planning documents in municipalities. Many territorial planning documents are developed formally, with a low level of creativity and creativity, the concept and strategic directions are not developed enough, unachieved goals are rewritten on new perspective; the developer ceases to care about the person for whom he is developing the project, and who will live in the projected area. At present, an approach that involves interdisciplinary studies of the interaction between the natural and artificial environment is gaining great importance. To create competent, rational development plans, it is necessary to attract professionals in their field. The formation of the planning structure should take place not only taking into account economic and functional parameters, but also urban planning art, culture and traditions.

    In domestic urban planning practice according to foreign example the principle of cluster organization of territories appears. These are scientific and technical, industrial clusters of Skolkovo, science cities, the Novosibirsk Technopark, which, in fact, is a project for the modernization and development of the Novosibirsk Academgorodok. Novosibirsk Academgorodok is the first complex scientific center in Russia, which is the prototype of a technopark (1957), and is developing almost in parallel with Western cluster models. The Technopark project involves further development Novosibirsk Akademgorodok as a world-class high-tech center This example shows that Russia is in many ways not inferior to Western countries. The country has accumulated a sufficient base for the development of settlement systems, including innovative ones, it is necessary to use the available resources wisely..

    3. World experience in spatial planning of the territory

    Some problems of territorial settlement planning, such as the deepening processes of urbanization, the need to develop convincing development strategies, infrastructure problems, are successfully solved in world practice.

    The greatest interest in clustering in the world is typical for the 1990s, cluster strategies are being developed in various countries where there is a base of established centers business activity that have proven themselves on the world stage. The most successful in the implementation of the cluster organization in terms of global competitiveness, calculated by the International Economic Forum, were such countries as the USA, Singapore, Japan, Canada, China, leading European countries. Scientific and technological clusters are formed on the basis of universities or scientific departments, which ensures a continuous influx of young personnel and systematic professional ties in the field of technology and science. Some of the most famous university-based science and technology clusters in the world are Silicon Valley, Boston Technopark in the USA, Cambridge Science and Technology Park in the UK, Technopolis in Finland, Sophia Antipolis in France, specialized science Center Tsukuba in Japan, Silicon Alley in India, Zhongguancun Technopark in China. There are three types of science parks in the United States:

    • in the first, a complete technological chain is built from development to production (Stanford Science Park, Silicon Valley);
    • the second type is research parks, where there is no mass production and only the research process is allowed;
    • the third type is innovation centers that help connect innovations with finance and entrepreneurs, facilitate the sale of licenses to manufacturers, support the technological chain from experiment to commercialization of production. This example was followed by European countries.

    The Japanese model differs from the American one; new cities are immediately built here, specializing in innovative research and production of technopolises. They differ from technology parks in the formation of an open, highly intelligent environment. Research and production sites are being built in the city, allowing you to quickly complete your developments and release a trial series of the product. Recently, the United States has begun to use Japanese model.

    At the moment, the world is actively developing high-speed types of railway transport that connects settlement systems (European, Chinese practice). The features of such transport can be traced on the example of France, where the turning radius of high-speed trains is about 7 km, and the speed reaches 450 km/h, parallel tracks are used to stop at logistics centers. The availability of high-speed transport and the creation of satellite cities helps to solve the problems of deepening urbanization, urban growth, which can be seen in the example of the development concept of Almaty and the G4 City project.

    As a positive example of the interaction of man, the artificial environment with nature, we can cite the experience of Norway. The high standard of living of the population has been achieved thanks to the rational use of natural resources and respect for nature. Popular green architecture, mini-hydroelectric power plants on small rivers in the conditions of relief differences.

    Oslo, the capital of the country Big City, is one of the cleanest cities in Europe. It is located in the southeastern part of Norway, includes 40 islands, two-thirds of the municipality is protective forests, reservoirs and agricultural land. The city widely uses energy-efficient technologies, alternative energy sources, environmentally friendly modes of transport. Norway's plans include reducing greenhouse gas emissions into the atmosphere, a complete transition to environmentally friendly transport, and expanding the use of renewable energy sources.

    The problem of competent organization of territorial planning of population resettlement and rational use of resources is especially relevant today. The development of the main urban planning processes can be traced in the Country Development Strategy 2020 and the Urban Planning Doctrine of the Russian Federation, some of which are improving the welfare of citizens, overcoming territorial disunity, the problems of small settlements, often giving a unique flavor. In accordance with these documents, the main provisions are formed.

    4. Basic principles of urban planning organization of local settlement systems.

    Ya. V. Kositsky, in the model of systematization of urban planning concepts and criteria, singled out three basic principles of the architectural and planning organization of the city in the interaction of people, environment and forms, which are also applicable to the urban planning organization of settlement systems. These are demometric proportionality, ecological compensation and morphological conformity. This concept is factorial, i.e. tries to take into account many factors and synthesize the components of the planning system, which is one of the main problems of the architectural and planning organization.

    In accordance with Ya.V. Kositsky's systematization model, the mission of the territory is formulated and the basic principles of the urban organization of local settlement systems in the zone of influence of the city's transport arteries are determined.

    Mission - the formation of a local innovative system of settlement with the advanced development of social infrastructure.

    Principles:

    • socio-cultural principle;

    The transcontinental corridor passing through the territory dramatically increases its status in the systems of the highest rank. The corridor may include several types of transport - road, rail, air, and also high-speed transport, if it exists or is planned for the future.

    The width of the transport corridor can be defined as the sum of the width of the roadway (approximately 50m), right of way and roadside lanes, the size of which depends on the road category. As a rule, as part of transport corridors there are roads of the first category, the width of the roadside lane of which is 75 m (Resolution of the Government of the Sverdlovsk Region of November 10, 2010 No. 1634-PP on approval of the procedure for establishing and using roadside lanes of regional roads). According to the website http://www.uadso.ru/ (the Sverdlovsk Region Road Administration), the width of the right of way is about three meters. Thus, the width of the transport corridor is:

    50+2∗(75+3) = 206 m. 1st band of influence - 5 km, 2nd band - 15 km (channel of the corridor), basin of the corridor - up to 100 km.

    The width of the corridor can vary from right-of-way to several kilometers, depending on various factors, for example, difficult terrain affects the laying of the railway line and the configuration of the corridor as a whole. Along the transport corridor there are logistics centers from which resources are distributed to production and administrative centers. Further lies the channel of the corridor, which also actively influences the local settlement systems. In the channel are the main objects (point, line, planar), which determine the value of the territory, or which are the most attractive, if we talk about tourist sites. At a distance of about 100 kilometers lies the basin of the corridor. It has an impact on small settlements that live as long as there is a road and for which the presence of connections with more major centers plays especially important role.

    Morphological principle of settlement development

    The planning of settlement systems is based on the identification and formation of types of territorial structures. Main elements territorial structure are:

    • zones of population concentration - urbanized areas, including industrial formations, in general, negatively affecting the natural environment;
    • natural, recreational areas, ecological corridors;
    • buffer zones that neutralize the negative anthropogenic impact, sanitary-protective green areas.

    There are several ideal types of structures of settlement systems according to their shape, configuration (which is formed depending on the landscape and unique conditions region):

    • a concentric settlement system develops in flat areas with an active center around which a system of settlements is formed in a radial direction. The traffic load is distributed in circular and radial directions.
    • rectangular polycentric system, also formed on flat territories, with evenly distributed administrative centers, between which zones are formed economic influence. Also, this type can be characterized as a nuclear network, which is considered the most efficient and functional.
    • rectangular polycentric type, characteristic of coastal areas (can be considered a subspecies of the previous one). The main administrative centers are port cities and are located along coastal zone, further, inland, there are transport routes heavily loaded with cargo and passenger flows. The longitudinal directions connecting the administrative centers are less loaded.
    • a linear settlement system is formed due to natural conditions (mining and factory valleys), or along existing infrastructure facilities, transport routes.
    • a polycentric basin settlement system is being formed in regions with a mining industry. Economic and administrative centers are randomly formed around mining centers.
    • the central type, characteristic of a poorly developed settlement system with an insufficient number of connections and poorly developed territories. Economic activity localized in places where resources are available and products are produced.

    The theoretical aspects of the location of settlements and the creation of an ideal settlement model were of interest to many authors. Kristaller considered centric systems and agglomeration processes, B. B. Rodoman solved the issues of ecology and ecology of culture, creating a model of a polarized landscape, which was detailed by A. G. Topchiev. The interaction of nature and society is presented. B. M. Eckel's model represents the interaction of residential, recreational, sanitary protection, industrial and service areas through which utility corridors pass, an open system with development directions.

    The listed settlement systems assume the formation on a homogeneous plain or ideal natural conditions, not scaled, the network polarized landscape of B. B. Rodoman is a system of uniform density, there is no hierarchy in the settlements. It is impossible to create a universal scheme for any case, each system is interesting in its own way and must be modified for a specific unique situation, local conditions and reality. Settlements have already been formed, the morphology reflects the inconsistency of their development - these are historical and modern buildings, stable and changing states, uniformity and diversity, irrational use of resources - all this brings chaos from the point of view of a competent organization.

    Understanding the features of ideal settlement systems helps to more effectively solve problems in real design, where combinations of different types of structures are most often found.

    The principle of geographical determinism in urban planning. Determinism is the doctrine of the relationship, patterns and causality of events and phenomena.

    Each settlement system is formed individually, depending on various reasons and already existing circumstances, such as relief, hydrography, already established infrastructure. There are several most striking reasons that determine the location of cities in a complex terrain. They can be divided into historical causes and efficient causes.

    Historical:

    • the need to create an impregnable city in a mountainous area;
    • suitable relief properties and places for creating a strategically important object, deep-water seaports, convenient for navigation, not noticeable from the shore of the bay (Balaklava);
    • the development of industry, the construction of cities on rivers, the formation of mining and factory valleys (small cities of the Urals, Demidov factories).

    Operating:

    • development of recreation, tourism, treatment in the mountain-climatic region. The necessary parameters for the length and slope of the route for the development of skiing are not present in all mountainous areas. Availability necessary resources for the development of sanatorium-resort activities (mud, mineral water deposits).
    • the absence of flat territories in the area or their employment with existing buildings, or specially protected natural areas.

    In the book “City and Relief”, V. R. Krogius, in addition to the listed reasons, among the existing ones, identifies the following:

    • construction of hydroelectric power plants in mountainous areas;
    • availability of minerals in the mountainous region and their development;
    • favorable conditions for irrigation of the foothills with glacial waters;
    • creation of a reference center for a network of settlements;
    • in tropical zones, the climatic conditions of elevated areas are more favorable.

    Operating reasons are relevant in the modern world for the construction of new cities and the development of existing ones.

    Socio-cultural principle.

    planning organization local system settlement occurs on the basis of established formations. Within the framework of this principle, the design uses such approaches as continuity, ensemble construction, the use of historical and cultural heritage and the existing natural landscape; individual characteristics of a nationality or several nationalities neighboring in a given territory are taken into account. Russia, as a multinational country, has a unique long-term experience of coexistence of different nationalities, based on tolerance, respect for their traditions, culture and history. From foreign practice we can give an example of the project of satellite towns of Almaty, in the concept of which (“City of Traditions”) the socio-cultural principle and the socio-technical principle are implemented. The project local settlement system is a linear structure and is formed along the Almaty-Kapchagay highway, a transport corridor (highway and railway) runs here, linking Russia and China, along which flows international trade. Communication between satellite cities is planned with the help of high-speed transport. Highway Almaty - Kapchagay with a length of more than 60 km connects the city and the territory of the reservoir, which has all the possibilities for organizing outdoor activities. Satellite cities must unload the city of Almaty, the population of which is summer period increases to two million, as well as to raise the standard of living of the population and provide new jobs. The rectangular planning structure of cities with active centers, main and secondary directions and landscaping systems evokes associations with the central part of Almaty, where there is an ensemble building that was formed in Soviet time. The project was conceived in organic connection with the Master Plan for the Development of Almaty. A careful attitude to cultural heritage is manifested, because the basis of the tourist attractiveness of the city is history. In one of the sections of the adjustment of the General Plan (protection of monuments), it is called upon to museumify the historical and cultural landscape and fully preserve the ensemble of the city center. According to the developed concept strategic partners, the settlement system will become a logistics center of the republican, and after the Asian Winter Games, Central Asian scale. Four mini-cities, each performing its own function, having its own unique character and flavor, will unite into one dream city - G4 City.

    The manifestation of the socio-cultural principle can be traced in the system of small and coastal cities of Spain in the province of Catalonia, this is love for one's city and history, the preservation of historical monuments (the city of Rupit, the city of Tossa de Mar).

    Principle business case for the development of local settlement systems (clustering).

    A cluster can be defined as a territory under a single management and with common technological connections. This is a group of interrelated companies, related organizations that are geographically adjacent, differ in common activities in their field, and can complement each other.

    According to Gubaidullina F.S. A cluster is a set of interconnected enterprises of small, medium, and large businesses located on the same territory, scientific and educational organizations operating in a particular sector while sharing knowledge and production capacity. In the course of such activities, synergistic effects arise that enhance the competitive advantages of this agglomeration.

    Of the theories of spatial development by E. G. Animitsy, N. Yu. Vlasova, Ya. P. Silin, the “cluster theory” is gaining popularity today and is of great interest to urban planners. V. A. Kolyasnikov notes five of its provisions that are of interest for urban planning:

    • companies operate in a single area and in the same territory;
    • clusters are most actively developing in agglomerations, and at the same time they can form a regional cluster;
    • cities with similar specifics, located nearby and exchanging their accumulated experience, have a great competitive advantage;
    • to create a cluster, it is necessary to have resources at its location;
    • clusters can form and develop in the structure of the city;
    • clusters are formed by entrepreneurs independently, regardless of instructions planning bodies, the task of the state is to support the development of clusters.

    Given the fact that unique resources existing in a particular territory are used to create and develop clusters, it is very difficult to reproduce or completely copy previous cluster models. It is possible to use the accumulated experience, but in each case an individual approach and a successful combination of favorable conditions for the development of a particular cluster are required. This explains the uniqueness of each cluster and unsuccessful attempts many countries copy the American experience.

    The problem of competent organization of settlement and rational use of resources is relevant today. The development of the main urban planning processes can be traced in the Country Development Strategy 2030 and the Urban Planning Doctrine of the Russian Federation, some of which are improving the welfare of citizens, overcoming territorial disunity, the problems of small settlements, often giving a unique flavor. In accordance with these documents, the main provisions are formed.

    Thus, when reviewing domestic and foreign experience, as well as problems associated with the organization and development of settlement systems, the following principles for the formation of settlement systems have been identified:

    • technical principle in the development of settlement (transport, utilities);
    • morphological principle of settlement development;
    • the principle of geographical determinism in urban planning;
    • socio-cultural principle;
    • the principle of economic justification for the development of local settlement systems (clustering);
    • the principle of environmental compensation.

    The principles are geared towards a more competent and functional organization territory, taking into account its individual, already established characteristics. Each principle takes into account the social factor in accordance with the mission defined for the territory. When developing a settlement system and strategies for its development, the urban planner must think about the person, create a convenient, comfortable and safe environment for him, taking into account the optimal ratio of urban planning and urban-supporting enterprises to the residential area. Such objects form the "face" of the local settlement system. When a well-organized system finds itself in the zone of influence of a transport corridor, it becomes a center of attraction, more accessible, and its status rises sharply. It is also necessary to solve environmental problems, as recreational loads will also increase. This can be dangerous for unique natural monuments, for which it is necessary to develop special modes of use and protection zones.

    Conclusion

    The problem of competent organization of settlement and rational use of resources is relevant today. The development of the main urban planning processes can be traced in the Country Development Strategy 2020 and the Urban Planning Doctrine of the Russian Federation, some of which are improving the welfare of citizens, overcoming territorial disunity, the problems of small settlements, often giving a unique flavor. In accordance with these documents, the main provisions are formed.

    The chapter provides an overview of domestic and foreign experience and problems related to the organization and development of settlement systems. In accordance with this, the following principles for the formation of settlement systems have been identified:

    • technical principle in the development of settlement (transport, utilities);
    • morphological principle of settlement development;
    • the principle of geographical determinism in urban planning;
    • socio-cultural principle;
    • the principle of economic justification for the development of local settlement systems (clustering);
    • the principle of environmental compensation.

    The principles are focused on a more competent and functional organization of the territory, taking into account its individual, already established features. Each principle takes into account the social factor in accordance with the mission defined for the territory. When developing a settlement system and strategies for its development, a city planner should think about a person, create a convenient, comfortable and safe environment for him, develop an innovative infrastructure with mandatory and unique facilities, such as modern multifunctional facilities for medicine, tourism, sports, and recreation. Such objects form the "face" of the local settlement system. When a well-organized system finds itself in the zone of influence of a transport corridor, it becomes a center of attraction, more accessible, and its status rises sharply. It is also necessary to solve environmental problems, as recreational loads will also increase. This can be dangerous for unique natural monuments, for which it is necessary to develop special modes of use and protection zones.

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    Scientific article on the topic “Problems of territorial planning of the municipality” updated: June 20, 2018 by: Scientific Articles.Ru


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