Biographies Characteristics Analysis

Objects of federal regional or local significance. Manor park d

Highways are those transport arteries that connect various regions and settlements of the country. The federal roads of Russia are of the greatest importance for our state. But the importance of other highways should not be underestimated either. Let's find out how roads are classified, and also compile a list of federal roads in Russia.

Types of road classification

First of all, let's find out what criteria can be used to group. Depending on the criteria, there are several types of classification:

  • by value;
  • by type of coverage;
  • by property;
  • by class;
  • by category.

Below we will look at each type of classification in more detail.

Road classification by value

This type of classification in the Russian Federation is determined by a special road classification published in 2007. According to it, the routes are divided into federal roads of Russia, regional, intermunicipal and local. We will talk about what this means below.

Russia - these are highways of national importance. They are financed from the federal budget of the Russian Federation.

Regional roads are motorways administered by the authorities in the regions. They have a local, regional degree of importance and are financed from the appropriate budget. If a regional highway provides access to major traffic interchanges or other particularly important objects, then in the Russian road classification it is designated by the prefix A, and all the rest - by the prefix K.

Roads of intermunicipal significance serve to connect settlements within the boundaries of one region, but have a lower level of importance than regional highways, and even more so the federal highways of Russia. All inter-municipal routes are designated by the prefix H.

All other roads are classified as local roads. Often they are located within the boundaries of one region or even a locality and are of significant value only for it. They are financed from the budget of the municipality to which they belong.

Types of roads by type of coverage

According to the type of coverage, highways are divided into only two types: hard-surfaced and unpaved. Moreover, the former are divided into several subspecies: paved, paved with paving stones, reinforced concrete tiles, etc. Dirt roads do not have artificial surface at all.

It should be noted that the list of federal roads in Russia does not include any unpaved transport route. Also, you will not find a single such road among the routes of regional and intermunicipal significance. But among the local roads they can meet.

Types of roads by ownership

According to the right of ownership, the routes of communication are divided into national, regional and private. If the issue does not arise with the definition of the owner of national and regional roads, then with private matters the situation is somewhat different. So, they can belong either to an organization or to an individual. However, we note that the practice of private routes in Russia is not yet very common.

At the same time, it should be emphasized that all the roads that are included in the list of Russian federal highways belong to the state.

Classification by class

There is also a classification by class of roads. According to it, roads are divided into three types: motorways, expressways and ordinary routes.

The main difference between highways and simple express roads is that the first type of highways does not allow access to the highway with an adjoining at the same level, while the second type does.

On ordinary highways, a lower speed limit is set than on the above two. In addition, unlike highways and expressways, such roads are allowed to intersect with bicycle, automobile and pedestrian routes in the same plane.

A mandatory attribute of motorways and express roads is the presence of four or more lanes, with a width of each 3.75 m.

It should be noted that the same road may have a different class in its various sections.

It should be noted that all of the listed types of highways are included in the list of federal roads of Russia, but there are no motorways among the regional highways.

Breakdown of roads by category

All highways have category IA, express roads - IB, but ordinary routes are divided into five categories at once - IC, II, III, IV and V. The difference between IC and all other categories of ordinary roads is that it requires the mandatory presence of a dividing markings, as for motorways and expressways. The rest of the usual type differ among themselves in the total number of lanes and their width. In addition, unlike other options, the routes with category IV and V allow crossing with railway and tram tracks at the same level.

Ways of federal significance

Now let's take a closer look at which routes are included in the list of federal highways in Russia. It includes absolutely all autobahns that connect Moscow with the capitals of other state entities, or connect it with the central cities of the regions of the Russian Federation. In addition, the list of Russian federal highways may include routes connecting the administrative centers of different regions, if such highways are of particular importance. This list also sometimes includes the most significant connecting roads, in particular those that provide access to the largest transport interchanges or to communications of federal importance, for example, to large ports.

The federal roads of Russia are of particular importance for the country's transport system.

Federal road classification

All roads included in the list of Russia have their own separate classification. About her and will go our further conversation.

The federal roads of Russia are divided into two main types: public and European highways.

In addition, when numbering roads connecting Moscow with foreign capitals or centers of regions, the prefix M is used. For those routes that connect the central cities of the regions with each other, the prefix R is used. Federal highways of Russia, which are of great importance as connecting and access roads, are numbered with prefix A.

List of federal roads with M prefix

Now let's take a look at the list of federal roads in Russia. Federal highways of general importance connecting Moscow with European capitals and regional centers have the following names:

  • M1 - to Minsk.
  • M2 - to Yalta.
  • M3 - to Kyiv.
  • M4 - to Novorossiysk.
  • M5 - to Chelyabinsk.
  • M7 - in Ufa.
  • M8 - to Arkhangelsk.
  • M9 - to Riga.
  • M10 - to St. Petersburg.
  • M11 St. Petersburg - Moscow (under construction).

List of other federal roads

The list of federal highways of the Russian Federation, which connect the central settlements of its subjects, includes 34 routes. The most significant of these include:

  • P23 Belarus - St. Petersburg.
  • R56 Pskov - Novgorod.
  • P92 Orel - Kaluga.
  • R119 Tambov - Eagle.
  • P120 Belarus - Oryol.
  • P132 Ryazan - Kaluga.
  • Р208, Р209 Penza - Tambov.
  • P216 Stavropol - Astrakhan.
  • P217-"Caucasus".
  • P239 Kazakhstan - Kazan.
  • P298 Kursk - highway P22.
  • P351 Tyumen - Yekaterinburg.
  • P402 Omsk - Tyumen.
  • Р404 Khanty-Mansiysk - Tyumen.
  • Р600 Ivanovo - Kostroma.

The federal highways of the Russian Federation, which serve as connecting and access roads, have 75 names. The most important ones are the following:

  • A103 Shchelkovskoe highway.
  • A109 Ilinskoe highway.
  • A113 Central Ring Road.
  • A164 - Transcam.
  • A181-"Scandinavia".
  • A375-"Vostok".

European roads

In addition, there are federal roads in Russia that have the status of European transport routes. These include the following highways:

  • E18 Finland - St. Petersburg.
  • E20 Estonia - St. Petersburg.
  • E22 Latvia - Ishim.
  • E28 Poland - Kaliningrad - Lithuania.
  • E30 Belarus - Omsk.
  • E38 Ukraine - Voronezh - Kazakhstan.
  • E40 Ukraine - Volgograd - Kazakhstan.
  • E50 Ukraine - Makhachkala.
  • E58 Ukraine - Rostov-on-Don.
  • E77 Poland - Pskov.
  • E95 St. Petersburg - Belarus.
  • E97 Ukraine - Georgia.
  • E101 Ukraine - Moscow.
  • E105 Norway - Yalta.
  • E115 Novorossiysk - Yaroslavl.
  • E117 Georgia - Mineralnye Vody.
  • E119 Moscow - Azerbaijan.
  • E121 Samara - Kazakhstan.
  • E123 Chelyabinsk - Kazakhstan.
  • E125 Ishim - Kazakhstan.
  • E127 Omsk - Kazakhstan.

These federal highways of Russia are important not only because they provide traffic within the country, but also guarantee the stable operation of international transport links.

Asian routes

In addition, there are Asian international roads. In the classification, they are denoted by the prefix AH. But it should be noted that the Asian routes are simultaneously classified also by the prefixes M, P and A, depending on what meaning the given route has.

For example, the P258 "Baikal" highway, passing from Irkutsk to Chita, is part of the Asian road AN6 Belarus - Busan (Republic of Korea). Similarly, the M10 highway St. Petersburg - Moscow (another name for the road is "Russia") is part of the Asian route AN8 Finland - Iran and at the same time a component of the European route E105 Kirkenes (Norway) - Yalta.

Roads under construction

Among the roads included in the list of federal highways in Russia, at the moment only one is being built - M11 St. Petersburg - Moscow. Its main task will be to reduce the flow of vehicles from the M10 Rossiya highway, which runs almost parallel and also connects the two Russian capitals. According to the plan, some sections of the new will be paid. In 2014, the first section of the route was opened for drivers. It was previously planned that the entire highway would be put into operation in 2018, but due to the onset of the economic crisis in the country, the timing could be significantly shifted.

In addition, there are a number of interesting projects that, if implemented, would receive the status of federal highways. But at present, all of them are only at the idea stage.

Road condition

It should be noted that most federal roads have satisfactory coverage. As for those routes that are subordinate to the authorities of the regions and individual municipalities, their condition is significantly different. It all depends on what part of Russia they are located in, and how much money local governments can allocate for their repair and restoration.

Of course, in the Russian Federation, many local roads are in fairly good condition, but there are also a sufficient number of routes, the condition of which is simply catastrophic, requiring immediate repair of the roadway.

Federal highway management

The management of federal roads is entrusted to the state company Rosavtodor, or, as it is called in another way, the Federal Road Agency. This company was founded in 2004 and reports directly to the Ministry of Transport of the Russian Federation. From 2012 to the present, its leader is Roman Viktorovich Starovijt. Rosavtodor evaluates the quality of federal roads and makes decisions on repairs, if necessary. The company also draws up a schedule of planned road repairs.

In addition, in 2009, the state organization "Russian Highways" was founded, headed by S. V. Kelbakh. The M1, M3 and M4 highways were transferred to the management of this organization.

Importance of federal roads

It is difficult to overestimate the importance that Russia's federal roads have for the country's transport system. The list presented earlier indicates that they connect the most important settlements and communications for the Russian Federation. Therefore, it is very important to ensure their maintenance in a satisfactory form, to prevent destruction, and to properly distribute the traffic flow.

Moreover, in order to optimize the flow of road transport, a number of large federal highways should be built, the construction of which may take place in the near future.

  • Question 5.4. About how the Civil Code of the Russian Federation of December 29, 2004 determines the process of forming a system of bodies authorized in the field of urban planning
  • 9) Issues building permits and permits for putting objects into operation in the cases specified in clause 8 of part 6 of this article;
  • Question 5.6. On concerns regarding the possible liquidation of local architecture and urban planning bodies
  • Question 6.1. On the eligibility of establishing mandatory qualification requirements for officials by the Town Planning Code of the Russian Federation
  • Question 6.3. On the establishment of qualification requirements for individuals and legal entities through self-regulation mechanisms
  • Answers to questions to chapter 3 of the urban planning code of the Russian Federation "territorial planning"
  • Question 7.1. About given facts that predetermine the inevitability of choosing real, not imaginary ways to ensure the complexity of territorial planning
  • Question 7.2. On the hypothetical presence of two approaches and the reality of only one approach to ensuring the complexity of territorial planning in a federal state
  • Question 7.3. On the conceptual principle of the Civil Code of the Russian Federation of December 29, 2004, according to which authorities of three levels can simultaneously carry out territorial planning in local territories
  • Question 8.3. On the determination of the Civil Code of the Russian Federation of December 29, 2004 on the grounds for making decisions on the withdrawal, including by redemption, of land plots for state or municipal needs
  • Question 8.4. On the differentiation of powers into two groups - the powers for the implementation of which the forced purchase of real estate is allowed, and the powers for the implementation of which it is not allowed
  • Question 8.5. On determining the content of objects of various significance - federal, regional, local
  • Question 9.1. About how to force not to do something that can disorganize territorial development
  • Question 9.2. About how to induce to do something that will ensure the rational organization of the territory and the implementation of plans within an acceptable time frame
  • Question 9.3. About how all information about the development of the territory is displayed with the necessary completeness in the documents of territorial planning
  • Question 10.2. On the composition of territorial planning documents
  • Question 10.3. About how the composition of the master plan of a settlement, urban district can be determined in the law of a constituent entity of the Russian Federation
  • 13. In Scheme 7 - the scheme for the development of transport infrastructure facilities:
  • 2) Displayed:
  • 14. In Scheme 8 - the scheme of development of other objects, including social service facilities:
  • 2) Displayed:
  • 16. Each of the master plan schemes can be represented as:
  • 2. The plan for the implementation of the master plan is prepared on the basis of and taking into account:
  • 3. The master plan implementation plan contains:
  • 6. The master plan implementation plan is approved for a period of at least two years, after which a new plan is prepared for the next period of at least two years.
  • 7. Based on and taking into account the implementation plan of the master plan, a program for the implementation of the master plan may be prepared for a period of at least five years.
  • Question 13.1. About what is state expertise, and about the need to separate the expertise of urban planning documents and project documentation
  • Question 13.2. About how the issues of state examination of urban planning documents were resolved in the Civil Code of the Russian Federation of 05/07/98 and how they are resolved by the Civil Committee of the Russian Federation of December 29, 2004
  • Question 13.3. On the content of the compromise decision on the state examination of territorial planning documents, enshrined in the Civil Code of the Russian Federation of December 29, 2004
  • Question 13.4. On conducting state expertise of territorial planning documents and documentation on territory planning at the transitional stage
  • Question 14.1. On the provisions, positions, which, according to the Civil Code of the Russian Federation of 07.05.98, should have been part of the state urban planning standards and rules
  • Question 14.2. On the "internal" structure of state urban planning regulations and rules, their "external" compliance with other standards in accordance with the Civil Code of the Russian Federation of 07.05.98
  • Question 14.3. On the formal legal status of state urban planning regulations and rules in accordance with the Civil Code of the Russian Federation of 07.05.98
  • Question 14.4. On the content, status and composition of regional and local standards for urban planning in accordance with the Civil Code of the Russian Federation of December 29, 2004
  • Question 14.5. On the technology of territorial planning in terms of compliance with safety requirements in the absence of technical regulations adopted by means of laws
  • Part 2 Art. 49 GrK rf dated 05/07/98:
  • Part 2 Art. 50 GrK rf dated 07.05.98:
  • Question 15.3. The fact that in the Civil Code of the Russian Federation of December 29, 2004, the issues of establishing, changing the boundaries of settlements - the boundaries of "land of settlements" were allegedly missed
  • Question 15.4. On the principle of indirect pressure - through consequences - on public authorities in order to coerce the implementation of urban planning activities and raise its status
  • Question 16.1. About how the law of the constituent entity of the Russian Federation can detail the norms of the Civil Code of the Russian Federation of December 29, 2004 on the mandatory joint preparation of territorial planning documents
  • Question 16.2. On whether, in order to jointly prepare spatial planning documents, one contractor can be involved in the preparation of various spatial planning documents
  • Answers to questions to chapter 4 of the urban planning code of the Russian Federation "urban planning zoning"
  • Question 19.1. On the initial basis, common for two possible approaches to understanding the content of urban zoning
  • Question 19.2. On the content of the legal approach to the understanding and implementation of urban zoning
  • Question 19.3. On the content of the administrative-technological approach to the understanding and implementation of urban zoning
  • Question 19.4. On the manifestations of the administrative-technological approach to understanding urban zoning
  • Question 20.1. On the continuity of the norms of the Civil Code of the Russian Federation of May 7, 1998 and the Civil Code of the Russian Federation of December 29, 2004 in terms of the ratio of functional and urban zoning
  • Question 20.2. About why functional zoning is carried out in the master plans of settlements, urban districts, but not in other territorial planning documents
  • Question 23.2. On the consequences of establishing restrictions on the use of real estate through sanitary protection and water protection zones
  • Question 24.1. On why the action of urban planning regulations does not apply to objects of cultural heritage
  • Question 24.2. On the fundamental difference between the technology for establishing zones of protection of cultural heritage objects and the technology for establishing sanitary protection and water protection zones
  • Question 24.4. About what organizational schemes should reflect zones of restrictions in the master plans of settlements, urban districts
  • Question 24.6. About how restricted zones should be reflected in land use and development rules and whether local governments should approve restricted zones
  • Question 24.9. On some contradictions and gaps in the legislation on cultural heritage objects
  • Question 25.1. About documents - the grounds for the preparation of the draft rules for land use and development
  • Question 25.2. On the subjects of work on the preparation of the draft rules for land use and development
  • Question 25.3. On the verification of the prepared project, public hearings and the approval of the rules for land use and development
  • Question 26.2. On the main typological types of urban zoning and their generalized characteristics
  • Question 26.3. On the plurality of ways to introduce urban zoning and its typological features, modified in relation to Russian conditions
  • Answers to questions to chapter 5 of the urban planning code of the Russian Federation "territory planning"
  • Question 27.1. On the types of documentation for the planning of the territory
  • Question 27.2. On the peculiarities of the preparation of documentation for the planning of the territory by various public authorities
  • Question 27.3. On how the planning of the territory correlates with previous actions on territorial planning and urban zoning
  • Question 27.4. On the peculiarities of the preparation of documentation for the planning of the territory during the transition period and after its completion
  • Question 27.5. On the relationship between the rules of land use and development and documentation on the planning of the territory
  • Question 27.6. About how the planning of the territory correlates with subsequent actions on architectural and construction design and construction
  • Question 27.7. That land planning activities are carried out in relation to all territories
  • Question 27.8. About when the preparation of documentation for the planning of the territory is not required
  • Question 28.1. On the selection of elements of the planning structure
  • Question 28.2. On the establishment of parameters for the planned development of elements of the planning structure and the composition of planning projects
  • Question 29.2. About "entry" into the built-up area occupied by the rights of third parties
  • Question 29.3. On "entry" to a free, unencumbered by the rights of third parties, undeveloped and undemarcated territory
  • Question 30.1. On the definition of the concept of "surveying"
  • Question 30.2. About the composition of land surveying projects
  • Question 31.1. On the preparation of urban planning plans for land plots in the form of separate documents
  • Question 31.2. On the purpose of urban planning plans for land plots and on the information contained in them
  • Question 31.3. On the form of the town-planning plan of the land plot
  • Question 31.4. About what cases should be reflected in the form of an urban planning plan for a land plot when preparing it as part of the territory planning documentation
  • Question 33.1. Regarding the fact that the Civil Code of the Russian Federation of December 29, 2004 allegedly does not mention the topic of allocation of land plots necessary for state or municipal needs
  • Question 33.2. The fact that the Civil Code of the Russian Federation dated December 29, 2004 supposedly should provide the constituent entities of the Russian Federation with powers regarding the reservation of land, land plots
  • Question 34.1. On the successive stages of providing development with objects of social, engineering and transport infrastructure
  • Question 34.2. About the incorrect statement, according to which the absence of planning projects is not an obstacle to the development of land surveying projects and town planning plans for land plots
  • Question 35.1. On the actions of the authorities to streamline and develop the planning structure of the city
  • Question 35.2. On the control of authorities over the activities of individuals in the division, association, change of boundaries of land
  • Question 36.1. On urban planning preparation of land plots from the composition of state or municipal lands
  • Question 36.2. On the allocation of public lands through urban planning preparation of land plots
  • Answers to questions to chapter 6 of the urban planning code
  • Russian Federation "architectural and construction
  • Design, construction, reconstruction of objects
  • capital construction"
  • Question 37.1. About how the Civil Code of the Russian Federation of December 29, 2004 determines the rights
  • Question 37.2. About how some regional acts incorrectly define the rights of public and private entities in relation to urban planning documents and project documentation
  • Question 37.3. On how the norms of regional acts demonstrate economic motivations that justify the need for a regional design system that is contrary to federal law
  • Question 38.1. On whether in all cases, without exception, the state should conduct a state examination of project documentation
  • Question 38.2. About what was changed by the Civil Code of the Russian Federation of December 29, 2004 in relation to the state examination of project documentation and why such changes must inevitably be made
  • Question 38.3. On how the transition to a new system for organizing state examination of project documentation is legally defined
  • Question 39.1. On the legal status and content of a building permit
  • Question 39.2. About the authorized bodies of what levels of government, in what cases and for the construction of which objects issue permits
  • Question 39.3. On the features of issuing building permits by local governments
  • Question 39.4. On the period of validity of a building permit, its renewal and renewal
  • Question 39.5. On the legal status and content of the permission to put the facility into operation
  • Question 40.1. The fact that the preparation of project documentation is not required for individual housing construction
  • Question 40.2. On how control over actions should be carried out in cases where the Civil Code of the Russian Federation of December 29, 2004 does not provide for the issuance of building permits
  • Question 41.1. About the main provisions regarding the technical conditions and information about the connection fee
  • Question 41.2. About what are pre-prepared substantive grounds for determining technical conditions and information on connection fees
  • Answers to questions to chapter 7 of the urban planning code of the Russian Federation "information support for urban planning activities"
  • Question 42.1. On the relationship between the provisions of the Civil Code of the Russian Federation of December 29, 2004 and the Civil Code of the Russian Federation of May 7, 1998 in terms of the legal logic of building information systems for supporting urban planning activities
  • Question 42.2. On the alleged loss by state authorities of tools and methods of information support for urban planning activities in connection with the novelties of the GRK of the Russian Federation of December 29, 2004
  • Question 43.1. About why the maintenance of information systems for ensuring urban planning should be carried out precisely at the local level
  • Question 43.2. On the difference between information systems for ensuring urban planning activities and archives of documents in the field of urban planning activities
  • Question 44.1. About whether information systems for ensuring urban planning activities include information about documents or copies of the documents themselves
  • Question 45.1. About duty plans and maps
  • Question 45.2. On allegedly negative consequences for the constituent entities of the Russian Federation arising from the abolition of the state urban planning cadastre
  • Answers to questions to chapter 8 of the urban planning code of the Russian Federation "responsibility for violating the legislation on urban planning activities"
  • Answers to questions to chapter 9 of the urban planning code
  • Question 47.1. On assessing the situation from the standpoint of the application of legislative norms
  • Question 47.2. On assessing the situation from the standpoint of the content of existing legislative norms
  • Federal Law Enactment
  • Question 8.5. On determining the content of objects of various significance - federal, regional, local

    The concept of "objects of federal, regional, local significance" was used without deciphering their meaning in the Civil Code of the Russian Federation of 07.05.98, and in other laws. In the Civil Code of the Russian Federation of December 29, 2004, these concepts are also used without defining what it is. In this regard, a number of questions arise:

    Why are they not defined in the Civil Code of the Russian Federation dated 12/29/04;

    How they could or should be defined in the legislation when it is supplemented in the future by the now missing norms;

    How to operate with these concepts at the present time, when there are no corresponding definitions in the legislation.

    Let's try to answer these questions.

    From what substantive positions and grounds should one approach the definition of the concepts of "objects of federal, regional, local significance"?

    The existence of three different levels of power predetermines the presence of a group of objects required for each of these three levels. What is the nature of the division of objects into three groups? The content of differences is determined by a combination of three components:

    1) political and administrative;

    2) technological;

    3) budget.

    The features of this combination are clearly manifested in relation to the three groups of objects identified when considering "the issue of differentiation of powers into two groups - the powers for the implementation of which the forced purchase of real estate is allowed, and the powers for the implementation of which it is not allowed."

    With regard to the first group of objects (objects that are not linear objects of infrastructure support and related to the use of atomic energy, defense and security, space activities, ensuring the status and protection of the State Border of the Russian Federation), the political and administrative component dominates. Here there are no problems with whether to classify such objects as objects of federal or regional significance. The answer is obvious.

    With regard to the second and third groups of objects, the combination of technological and budgetary components comes first. That is, the technological characteristics of certain objects (for example, indicators of their capacity, throughput) are linked to the volume of their load on the budget and the ability, obligation of the relevant subjects of the budget process (subjects of various levels of public authority) to bear this load by allocating appropriate funds and ensuring the construction of appropriate facilities. . Thus, the word "meaning" (federal, regional or local) directly answers the question: who (what level of public authority), for the construction of what (what specific objects, differentiated by their technological characteristics) is responsible for its budget.

    Why the concept of "objects of federal, regional, local significance" is not defined inGrKRF from 29.12.04?

    The substantive grounds presented above for defining the concepts of "objects of federal, regional, local significance" make the answer to this question clear. It is formulated as follows:

    1) the definition of the concepts "objects of federal, regional, local significance" can only be given as a result of linking two substantive positions:

    Unified classification by technological features (capacity, throughput, capacity) of objects, the construction of which is financed from budgetary sources;

    Distribution of objects classified according to the specified technological features according to budgets of various levels ("linking objects to budgets"), taking into account the principles of formation and planned development of the budget system in terms of revenue sources and their existing and forecasted volumes;

    2) in the light of the above, the following becomes obvious:

    Due to the fact that the process of reforming the administrative and budgetary systems in the country is at an early stage, at the moment the development of these two substantive positions should be considered as the task of finding a final solution, which is not yet available;

    The definition of the concepts "objects of federal, regional, local significance" is beyond the scope of the subject of the Civil Code of the Russian Federation of December 29, 2004 and can be fixed in it in the order of making additions developed as a result of solving the task in the field of improving budget legislation.

    Thus, the task of defining in the Civil Code of the Russian Federation of December 29, 2004 the concepts of "objects of federal, regional, local significance" cannot be considered as an immediate task of this particular federal law, and therefore, in principle, it could not be solved at the stage of its preparation. This is a task to be solved in the future through a comprehensive improvement not only and not so much of the legislation on urban planning as such, but of the entire system of Russian legislation.

    How could the concept of "objects of federal, regional, local significance" be or should be defined in the legislation when it is supplemented in the future with currently absent norms?

    There are three possible ways to solve this issue - through:

    Legislative establishment of a list with the characteristics of the relevant objects;

    Use of procedures for determining such objects in the process of territorial planning;

    Combinations of both list and procedures.

    Consider the advantages and disadvantages of each method.

    A method for determining objects of federal, regional, local significance through the legislative establishment of a list with the characteristics of the relevant objects. We revealed the essence of this method above when discussing the question of why the concept of "objects of federal, regional, local significance" is not defined in the Civil Code of the Russian Federation of December 29, 2004. The hypothetical advantage of the method is that with its help it would be possible to formalize this process once and for all, as well as to make the process of interaction between public authorities of various levels in their territorial planning extremely clear and simple.

    This method can be used as a universal and the only one, provided that two requirements are met:

    1) the list is differentiated taking into account the diversity of the specifics of various regions of a huge country. We should not forget about the relativity of the concept of "significance". In developed regions, even a large object may turn out to be not so significant and should be classified, say, as objects of local rather than regional significance. In remote and depressed regions, the opposite is true: even a small facility can be assigned the significance of a federal one (for example, a road with a low carrying capacity, but of exceptional importance in terms of solving a security problem or developing new mineral deposits);

    2) the list allows you to solve issues of changing significance over time.

    Fulfillment of the first requirement does not encounter insurmountable obstacles of a theoretical and methodological nature, except for one thing - the degree of differentiation proposed by law may turn out to be insufficient, which will complicate the process of territorial planning.

    Another thing is the fulfillment of the second condition. Since the list is established by law, taking into account the dynamics of changes in significance over time should be accompanied by periodic amendments to the law. Since the need for changes may arise quite often, their introduction into the law will always be late and cannot be guaranteed.

    Thus, for the indicated reasons, the considered method cannot be recognized as universal and unique. This means that it should be combined with procedures that will make it possible to introduce the necessary and prompt clarifications due to the specifics of territorial planning in the respective regions of the country.

    A method for determining objects of federal, regional, local significance through the use of procedures for determining such objects in the process of territorial planning. From the point of view of the prospects for the development of the territorial planning system, which, in terms of the legal framework, is at the initial stage of formation in the Russian Federation (which must be recognized), this method can only be used as an addition to the method described above. Since in the current conditions there is still no list of relevant objects established by law, the procedural method should be considered as a transitional one, and therefore the features of its application are discussed below, when discussing the question of how to operate with the concepts of "objects of federal, regional, local significance" at the present time, when there are no relevant definitions in the legislation.

    A method for determining objects of federal, regional, local significance through a combination of both a list and procedures. It is clear that the possibility of using such a method will arise when the list established by law is put into effect. Therefore, without entering into a detailed consideration of the features of the application of this method, it is necessary to characterize the basic provisions on which it should be based. As an example, let's take the preparation of a draft master plan for a settlement.

    1. The local self-government body of the settlement in its master plan establishes (approves) the boundaries of the zones of the planned placement of objects of local importance, determined in accordance with the law. At the same time, the master plan without fail displays (not approved) the boundaries of the zones of the planned placement of objects of local significance of a municipal district, regional significance - if there are duly approved documents for territorial planning of a municipal district, a constituent entity of the Russian Federation. In the absence of these documents, the master plan may display proposals for the location of the boundaries of the zones of the planned placement of objects of local significance of the municipal district, regional significance.

    2. The implementation of decisions of territorial planning documents on the placement and construction of objects of regional and local importance can be carried out autonomously by each level of public authority in strict accordance with the definitions of these objects given by law, as well as in accordance with plans for the implementation of territorial planning documents. Along with autonomous actions, the implementation of territorial planning documents can also be carried out in such a way that, under certain conditions and subject to certain procedures, public authorities of a higher level (municipal district, constituent entity of the Russian Federation) assume financial obligations or part of financial obligations to ensure the construction of certain local facilities. settlement values. Such actions are carried out subject to the following principles:

    a) public authorities of a lower level - settlements and urban districts can provide their budget only for the construction of local facilities of settlements and urban districts in accordance with the approved master plans, plans for the implementation of master plans, linked to the volume of budget financing for each current and upcoming financial year;

    b) public authorities of a higher level - a municipal district, a constituent entity of the Russian Federation can provide with their budget not only the construction of objects of local significance of a municipal district, regional significance in accordance with approved territorial planning documents, plans for the implementation of such documents, linked to the volume of budget financing for each current and the upcoming financial year, but also the construction of certain objects of local significance in settlements, urban districts based on:

    Formalized in accordance with the law (federal and / or regional) settlement procedures that determine the possibility of financial assistance in cases established by law;

    Joint plans and programs for the implementation of territorial planning documents approved in the relevant part by representatives of executive power at various levels - a settlement, an urban district, a municipal district, a constituent entity of the Russian Federation.

    How to operate with the concept of "objects of federal, regional, local significance" at the present time, when there are no corresponding definitions in the legislation?

    Based on the arguments presented above, it must be said with all certainty that the procedural method described above is:

    1) transitional in the sense that it is applied until the relevant list is put into effect by federal law, linking the technological characteristics of certain objects with the financial obligations of the relevant levels of public authority to ensure their placement and construction;

    2) an objectively necessary transitional stage - its necessity is determined not by the imaginary underdevelopment of the Civil Code of the Russian Federation of December 29, 2004, but by other system-wide circumstances that were disclosed above.

    Unfortunately, quite often one has to face the fact that the second provision does not meet with understanding. And the point is not so much in the unwillingness to understand, but in the position, which is defined as follows: "everything at once and immediately, otherwise nothing at all is better."

    Such a position is nothing more than an objective disregard for the fact that it is fundamentally impossible for a one-time action (through the adoption of one law - in this case, the Urban Planning Code of the Russian Federation) to establish a neglected area of ​​​​legal regulation of urban planning activities. Launched not only and not so much because of the disorder, uncertainty and inconsistency of the previously existing legislation on urban planning, but because of the objective reason for the complexity of such legislation, when even minimal actions to improve it inevitably entail actions to streamline other types of legislation or form an "order" for such ordering. This order cannot be fulfilled immediately, including because of opposition to it, unwillingness to recognize its necessity and fulfill it.

    The position that the improvement of the legislation on urban planning activity provokes in a positive sense the improvement of other laws has already been illustrated in this work and will be further illustrated with specific examples.

    Answering the question of how to operate with the concept of "objects of federal, regional, local significance" when there are no relevant definitions in the legislation, let us consider as an example, as before, the preparation of a draft master plan for a settlement. At the same time, we will keep in mind the most unfavorable situation, when the project is being prepared in the absence of territorial planning documents for both the municipal district and the subject of the Russian Federation.

    In such an unfavorable situation, consideration should be given to:

    1) a favorable case of joint preparation of a draft master plan by the relevant local self-government body of a settlement (urban district) and territorial planning documents of a municipal district and a constituent entity of the Russian Federation;

    2) an unfavorable case when a draft master plan is prepared autonomously by the relevant local self-government body of a settlement (urban district) without parallel preparation of territorial planning documents for a municipal district and a constituent entity of the Russian Federation.

    "Favorable case" of the joint preparation of the draft master plan by the relevant local self-government body of the settlement (urban district) and territorial planning documents of the municipal district and the subject of the Russian Federation. The sequence of actions may be as follows:

    1) the local self-government body of a settlement or urban district, starting the preparation of a master plan, is guided by the norms of Article 27 of the Civil Code of the Russian Federation of December 29, 2004 and initiates a parallel process - joint preparation of territorial planning documents with the participation of neighboring settlements, urban districts, as well as a municipal district and a constituent entity of the Russian Federation . Wherein:

    Decisions on the joint preparation of territorial planning documents can be made optionally or on a mandatory basis - in cases where, in accordance with Part 6 of Art. 27 of the Civil Code of the Russian Federation of December 29, 2004, it is not allowed to refuse the joint preparation of territorial planning documents;

    Depending on the specific circumstances, the preparation of territorial planning documents for a municipal district, a constituent entity of the Russian Federation can be carried out on a full scale (comprehensively on all issues and in relation to the entire territory of the jurisdiction of the relevant public authority) or partially (not on all issues and not in relation to the entire territory of the jurisdiction of the relevant public authority). authorities, but only to its part in accordance with the needs of the development of a particular municipality);

    2) in the process of joint preparation of territorial planning documents, developers, representatives of the relevant public authorities jointly:

    As part of draft territorial planning documents, they prepare and justify (including by fixing in cartographic materials) proposals on the distribution and sequence of construction of objects of local significance of a settlement, urban district, objects of local significance of a municipal district, as well as objects of regional significance;

    Prepare and substantiate proposals for the plan (program) for the implementation of territorial planning documents, including in terms of priority facilities, sources, volumes and terms of financing work to prepare for construction and financing the construction of objects of various significance;

    3) after approval in the prescribed manner of jointly prepared territorial planning documents and plans (programs) for the implementation of territorial planning documents:

    The local self-government body of a settlement, urban district provides, using the funds of its budget, work on preparation for construction and construction of local facilities of a settlement, urban district (determined in the process of joint preparation of territorial planning documents and plans for their implementation);

    The local self-government body of the municipal district provides, using the funds of its budget, work on preparation for construction and construction of local facilities of the municipal district (determined in the process of joint preparation of territorial planning documents and plans for their implementation). At the same time, the plans for the implementation of these documents may determine financing or participation in financing the construction of certain objects of local importance of the settlement from the budget of the municipal district;

    The authorized state executive body of the constituent entity of the Russian Federation provides, using the budget funds of the constituent entity of the Russian Federation, work on preparation for construction and construction of objects of regional significance (determined in the process of joint preparation of territorial planning documents and plans for their implementation). At the same time, the plans for the implementation of these documents may determine financing or participation in financing the construction of certain objects of local importance of a settlement, urban district, municipal district from the budget of a constituent entity of the Russian Federation.

    An unfavorable case: a draft master plan is prepared autonomously by the relevant local self-government body of a settlement or urban district without parallel preparation of territorial planning documents for a municipal district and a constituent entity of the Russian Federation. Sequencing:

    1) the local self-government body of a settlement or urban district ensures the autonomous preparation of a draft master plan due to the fact that:

    Proposals on the joint preparation of territorial planning documents were not sent to public authorities of other administrative-territorial entities;

    A refusal was received on proposals for the joint preparation of territorial planning documents sent to public authorities of other administrative-territorial entities - in cases where it is not allowed to refuse these proposals;

    2) in the process of preparing the draft master plan, proposals are prepared and substantiated (including by fixing in cartographic materials) on the sequence of construction of facilities:

    Local significance of a settlement, urban district, in relation to which there are no questions regarding their significance, as well as regarding the obligations of local self-government bodies of a settlement, urban district to ensure the construction of these facilities from the funds of the relevant budgets;

    Local significance of a municipal district, regional significance, in relation to which questions arise regarding their attribution to objects of corresponding significance, as well as regarding the obligations of local governments of a municipal district, state authorities of a constituent entity of the Russian Federation to ensure the construction of such objects from the funds of the relevant budgets;

    3) in the process of preparing and coordinating the draft master plan with the local authorities of the municipal district (if we are talking about the master plan of the settlement), the state authorities of the constituent entity of the Russian Federation agree on proposals on the distribution and sequence of construction of objects of local significance of the municipal district, regional significance, in relation to who have questions regarding their attribution to objects of the corresponding value, as well as regarding the obligations of local self-government bodies of a municipal district, state authorities of a constituent entity of the Russian Federation to ensure the construction of such objects from the funds of the relevant budgets;

    4) as part of the master plan of the settlement, urban district, provisions are approved on the zones of the planned location and the sequence of construction:

    Objects of local significance of a settlement, urban district, in relation to which, at the stage of preparation of the draft master plan, no questions arose regarding their significance, as well as regarding the obligations of local governments of the settlement, urban district to ensure their construction from the budget of the settlement, urban district;

    Other objects, in respect of which, in the process of coordinating the relevant proposals with the local authorities of the municipal district, the state authorities of the constituent entity of the Russian Federation, decisions were made to classify them as objects of local importance of the settlement, urban district with the recognition of the obligations of the local authorities of the settlement, urban district to ensure construction such facilities from the budget of the settlement, urban district;

    5) after approval in accordance with the established procedure of the master plan of the settlement, urban district, as well as the plan (program) for the implementation of the master plan:

    The local self-government body of a settlement, urban district, using the funds of its budget, provides for the preparation for construction and construction of local facilities of the settlement, urban district;

    The local self-government body of a municipal district (in the case of preparing a master plan for a settlement), state authorities of a constituent entity of the Russian Federation shall use the proposals contained in the supporting materials for the approved master plan of a settlement, urban district on the zones of the planned location of objects of local significance of the municipal district, objects of regional significance.

    Consideration of all favorable and unfavorable cases allows us to draw the following conclusion: the absence of a formal definition of the concept of "objects of federal, regional and local significance" in federal legislation does not block the process of territorial planning, does not create legal obstacles for public authorities to take actions in this direction.

    It should be noted one more circumstance concerning the legal possibility of anticipatory actions at the regional level. If there is an appropriate initiative and before the task formulated at the federal level is solved when discussing the question of why the concept of "objects of federal, regional, local significance" is not defined in the Civil Code of the Russian Federation of December 29, 2004, this task can be solved in a certain parts at the regional level, namely:

    Prepare a classification according to technological features (capacity, throughput, capacity) of objects, the construction of which should be financed from the regional budget, budgets of municipal districts, budgets of settlements, urban districts;

    Distribute the objects classified according to the specified technological features according to budgets of various levels (linking objects to budgets), taking into account the principles of formation and planned development of budgets at the regional and local levels within the respective constituent entities of the Russian Federation in terms of revenue sources, their existing and projected volumes.

    Question (9) about the legislative establishment of ways

    ensure the integrity of the territorial

    planning in the interaction of bodies

    public authorities at various levels

    This question is divided into two components, which can be conditionally called negative and positive. The negative part of the question: how to force public authorities at various levels not to do something that can disorganize territorial development? The positive part: how to encourage public authorities at various levels to do what will ensure the rational organization of the territory and the implementation of plans within an acceptable time frame?

    Objects of regional importance

    "... 19) objects of regional significance - objects of capital construction, other objects, territories that are necessary for the exercise of powers on issues related to the jurisdiction of a constituent entity of the Russian Federation, public authorities of a constituent entity of the Russian Federation by the Constitution of the Russian Federation, federal constitutional laws, federal laws , the constitution (charter) of the constituent entity of the Russian Federation, the laws of the constituent entity of the Russian Federation, decisions of the highest executive body of state power of the constituent entity of the Russian Federation, and have an impact on the socio-economic development of the constituent entity of the Russian Federation. subject to display on the scheme of territorial planning of the subject of the Russian Federation, are determined by the law of the subject of the Russian Federation; ... "

    Source:

    "Urban Planning Code of the Russian Federation" dated December 29, 2004 N 190-FZ (as amended on November 12, 2012)


    Official terminology. Akademik.ru. 2012 .

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