Features of administrative and legal regulation of powers of subjects of the public power in the field of town-planning activity
Keywords:
the powers of public authorities, urban relations, urban planning, public relations, spatial planning, development of the area.Abstract
The article presents the existing features in the field of urban legal relations, administrative and legal regulation of the powers of public authorities in urban planning. The author shows that the issue of differentiation of subjects of competence between the Federal, regional and local levels is one of the Central issues of Federal relations, and has been repeatedly emphasized in his speeches by the President of the Russian Federation. At the same time, the main positions of a number of features in the article are considered in terms of the delimitation of powers between the levels of legal regulation of administrative nature in the field of urban planning, which are primarily dependent on the nature of municipal relations and the principles of the delimitation of competence between the Russian Federation, the subjects of the Russian Federation and municipalities. The author considers that on condition of reference of legal regulation of local government to various spheres it is necessary to provide uniform legal space of the Russian Federation by which it is necessary to understand existence of the ratio between local, regional and Federal legislation expressing coordination of equally important questions.
References
1. Point "to" part 1 of article 72 "of the Constitution of the Russian Federation" (taking into account the amendments made by Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 30.12.2008 N 6-FKZ, of 30.12.2008 N 7-FKZ, of 05.02.2014 N 2-FKZ, of 21.07.2014 N 11-FKZ).
2. Savchenko N. Ah. The problem of differentiation of competence of subjects of the Russian Federation and the Russian Federation in the field of urban planning // Legal issues of construction. 2014 N 1. P. 9 - 12.
3. Kuchmaeva S. N. Sidorov Yu. V. Features of urban planning legislation, its place in the system of administrative law. Scientific article. Scientific-methodical journal "science and education" No. 18 (40), 2018, p.56-62.
4. Resolution of the constitutional court of the Russian Federation of March 28, 2017 n 10-p "On the case of checking the constitutionality of part 4.1 of article 63 of the RF civil Code and article 23 of the Federal law "On amendments to the Code of administrative offences and certain legislative acts of the Russian Federation and on the invalidation of certain provisions of legislative acts of the Russian Federation in connection with the clarification of the powers of state bodies and municipal bodies in terms of state control (supervision) and municipal control" in connection with the request of the legislative Assembly of St. Petersburg".
5. Antonova N. Ah. "Differentiation of powers between the Federation and the subjects of the Russian Federation in the field of regulation of local self-government"// Constitutional and municipal law. 2015. N 4. P. 64 – 67.
6. Part 5 and 6 of article 1 of the Federal law of 06.10.1999 N 184-FZ "About the General principles of the organization of legislative (representative) and Executive authorities of subjects of the Russian Federation".
7. Articles 26.7 and 26.8 of the Federal law of 06.10.1999 N 184-FZ "About the General principles of the organization of legislative (representative) and Executive authorities of subjects of the Russian Federation".
8. The Federal law of December 29, 2004 N 191-FZ "About introduction of the town-Planning code of the Russian Federation".
9. The letter of the Ministry of construction and housing and communal services of the Russian Federation of 11.12.2017 n 46347-ON/06 and Methodical instructions on reduction of regulatory legal acts of subjects of the Russian Federation and municipal legal acts in compliance with requirements of the Federal legislation.
10. Comment to the town-Planning code of the Russian Federation of December 29, 2004 N 190- FZ" (resp. N. N. Melnikov), 2017
11. Articles 49 and 49.1 "the town-Planning code of the Russian Federation" of 29.12.2004 N 190- FZ.
12. Part 1.2 of article 17 of the Federal law of 06.10.2003 N 131-FZ "About the General principles of the organization of local government in the Russian Federation".
13. The law of Sverdlovsk region of 12.10.2015 N 111-OZ "ABOUT redistribution of separate powers in the field of town-planning activity between local governments of municipality "the city of Yekaterinburg" and public authorities of Sverdlovsk region" (it is accepted by Legislative Assembly of Sverdlovsk region 06.10.2015).
14. Appeal determination of Judicial Board on administrative cases of the Supreme Court of the Russian Federation of 30.08.2016 N 46-APG16-10.
15. Part 1 of article 130 "of the Constitution of the Russian Federation" (taking into account the amendments made by Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 30.12.2008 N 6-FKZ, of 30.12.2008 N 7-FKZ, of 05.02.2014 N 2-FKZ, of 21.07.2014 N 11-FKZ).
16. Sviridov N. N. About some problems in the field of redistribution of powers between local governments and public authorities of subjects of the Russian Federation // State power and local self- government. 2018. N 1. P. 30 - 34.
17. Uvarov A. A. Redistribution of powers of local governments (analysis of legislative innovations) // Municipal service: legal issues. 2016. N 2. P. 23 - 27.
18. The appeal determination of the Supreme court of the Russian Federation from 08.06.2017 g n 20-АПГ17-8.
19. Part 1.2 of article 17 of the Federal law of 06.10.2003 No 131-FZ "On General principles of organization of local self-government in the Russian Federation".
20. Uvarov A. A. Redistribution of powers of local governments (analysis of legislative innovations) // Municipal service: legal issues. 2016. N 2. P. 23 - 27.
21. Part 2 of article 8.1 "the town-Planning code of the Russian Federation" of 29.12.2004 N 190- FZ.
22. "The code of the Russian Federation about administrative offenses" of 30.12.2001 N 195-FZ (edition of 29.05.2009) (with izm. and DOP., entry. in force with 09.06.2009).
23. Order of the Government of the Russian Federation of 30.04.2014 N 403 "About the exhaustive list of procedures in the field of housing construction" (together with "Rules of modification of the exhaustive list of procedures in the field of housing construction", "Rules of maintaining the register of descriptions of procedures specified in the exhaustive list of procedures in the field of housing construction").
24. Letter from the Government of Sverdlovsk region. Administration of the Western administrative district to Heads of municipalities of the Western administrative district of Sverdlovsk region (according to the list) "About submission of information with offers on inclusion of the procedures provided by regulatory legal acts of the Russian Federation, municipal legal acts in exhaustive lists".
25. Burmistrova S. A. Powers of local governments in the field of urban planning: autoref. dis. ... kand. the faculty of law. sciences'. Chelyabinsk, 2009. P.7.
26. Order of the RF Ministry of economic development from 21.07.2016 N 460 "About approval of the procedure for coordination of projects of documents of territorial planning of municipal formations, the composition and functioning of the conciliation Commission in coordination of projects of documents of territorial planning".
27. Order of the Ministry of construction and infrastructure development of the Sverdlovsk region of 09.04.2014 No 106-P "On approval of the procedures for the reception and consideration of documents of
territorial planning of municipalities located in the Sverdlovsk region", including – "The order of acceptance and consideration of documents of territorial planning of the municipalities located in the territory of Sverdlovsk region for the accounting of the eliminated remarks on earlier issued conclusions of the Government of Sverdlovsk region" and "the Order of acceptance and consideration of modification of documents of territorial planning of the municipalities located in the territory of Sverdlovsk region".
28. Resolution of the Government of the Russian Federation of 16.04.2012 No 326 "On approval of the Regulations on joint preparation of draft documents of territorial planning".
29. Resolution of Gosstroy of the Russian Federation of 05.11.1997 N 18-65 "About the statement of Approximate regulations on body of architecture and town planning of Executive power of the subject of the Russian Federation".
2. Savchenko N. Ah. The problem of differentiation of competence of subjects of the Russian Federation and the Russian Federation in the field of urban planning // Legal issues of construction. 2014 N 1. P. 9 - 12.
3. Kuchmaeva S. N. Sidorov Yu. V. Features of urban planning legislation, its place in the system of administrative law. Scientific article. Scientific-methodical journal "science and education" No. 18 (40), 2018, p.56-62.
4. Resolution of the constitutional court of the Russian Federation of March 28, 2017 n 10-p "On the case of checking the constitutionality of part 4.1 of article 63 of the RF civil Code and article 23 of the Federal law "On amendments to the Code of administrative offences and certain legislative acts of the Russian Federation and on the invalidation of certain provisions of legislative acts of the Russian Federation in connection with the clarification of the powers of state bodies and municipal bodies in terms of state control (supervision) and municipal control" in connection with the request of the legislative Assembly of St. Petersburg".
5. Antonova N. Ah. "Differentiation of powers between the Federation and the subjects of the Russian Federation in the field of regulation of local self-government"// Constitutional and municipal law. 2015. N 4. P. 64 – 67.
6. Part 5 and 6 of article 1 of the Federal law of 06.10.1999 N 184-FZ "About the General principles of the organization of legislative (representative) and Executive authorities of subjects of the Russian Federation".
7. Articles 26.7 and 26.8 of the Federal law of 06.10.1999 N 184-FZ "About the General principles of the organization of legislative (representative) and Executive authorities of subjects of the Russian Federation".
8. The Federal law of December 29, 2004 N 191-FZ "About introduction of the town-Planning code of the Russian Federation".
9. The letter of the Ministry of construction and housing and communal services of the Russian Federation of 11.12.2017 n 46347-ON/06 and Methodical instructions on reduction of regulatory legal acts of subjects of the Russian Federation and municipal legal acts in compliance with requirements of the Federal legislation.
10. Comment to the town-Planning code of the Russian Federation of December 29, 2004 N 190- FZ" (resp. N. N. Melnikov), 2017
11. Articles 49 and 49.1 "the town-Planning code of the Russian Federation" of 29.12.2004 N 190- FZ.
12. Part 1.2 of article 17 of the Federal law of 06.10.2003 N 131-FZ "About the General principles of the organization of local government in the Russian Federation".
13. The law of Sverdlovsk region of 12.10.2015 N 111-OZ "ABOUT redistribution of separate powers in the field of town-planning activity between local governments of municipality "the city of Yekaterinburg" and public authorities of Sverdlovsk region" (it is accepted by Legislative Assembly of Sverdlovsk region 06.10.2015).
14. Appeal determination of Judicial Board on administrative cases of the Supreme Court of the Russian Federation of 30.08.2016 N 46-APG16-10.
15. Part 1 of article 130 "of the Constitution of the Russian Federation" (taking into account the amendments made by Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 30.12.2008 N 6-FKZ, of 30.12.2008 N 7-FKZ, of 05.02.2014 N 2-FKZ, of 21.07.2014 N 11-FKZ).
16. Sviridov N. N. About some problems in the field of redistribution of powers between local governments and public authorities of subjects of the Russian Federation // State power and local self- government. 2018. N 1. P. 30 - 34.
17. Uvarov A. A. Redistribution of powers of local governments (analysis of legislative innovations) // Municipal service: legal issues. 2016. N 2. P. 23 - 27.
18. The appeal determination of the Supreme court of the Russian Federation from 08.06.2017 g n 20-АПГ17-8.
19. Part 1.2 of article 17 of the Federal law of 06.10.2003 No 131-FZ "On General principles of organization of local self-government in the Russian Federation".
20. Uvarov A. A. Redistribution of powers of local governments (analysis of legislative innovations) // Municipal service: legal issues. 2016. N 2. P. 23 - 27.
21. Part 2 of article 8.1 "the town-Planning code of the Russian Federation" of 29.12.2004 N 190- FZ.
22. "The code of the Russian Federation about administrative offenses" of 30.12.2001 N 195-FZ (edition of 29.05.2009) (with izm. and DOP., entry. in force with 09.06.2009).
23. Order of the Government of the Russian Federation of 30.04.2014 N 403 "About the exhaustive list of procedures in the field of housing construction" (together with "Rules of modification of the exhaustive list of procedures in the field of housing construction", "Rules of maintaining the register of descriptions of procedures specified in the exhaustive list of procedures in the field of housing construction").
24. Letter from the Government of Sverdlovsk region. Administration of the Western administrative district to Heads of municipalities of the Western administrative district of Sverdlovsk region (according to the list) "About submission of information with offers on inclusion of the procedures provided by regulatory legal acts of the Russian Federation, municipal legal acts in exhaustive lists".
25. Burmistrova S. A. Powers of local governments in the field of urban planning: autoref. dis. ... kand. the faculty of law. sciences'. Chelyabinsk, 2009. P.7.
26. Order of the RF Ministry of economic development from 21.07.2016 N 460 "About approval of the procedure for coordination of projects of documents of territorial planning of municipal formations, the composition and functioning of the conciliation Commission in coordination of projects of documents of territorial planning".
27. Order of the Ministry of construction and infrastructure development of the Sverdlovsk region of 09.04.2014 No 106-P "On approval of the procedures for the reception and consideration of documents of
territorial planning of municipalities located in the Sverdlovsk region", including – "The order of acceptance and consideration of documents of territorial planning of the municipalities located in the territory of Sverdlovsk region for the accounting of the eliminated remarks on earlier issued conclusions of the Government of Sverdlovsk region" and "the Order of acceptance and consideration of modification of documents of territorial planning of the municipalities located in the territory of Sverdlovsk region".
28. Resolution of the Government of the Russian Federation of 16.04.2012 No 326 "On approval of the Regulations on joint preparation of draft documents of territorial planning".
29. Resolution of Gosstroy of the Russian Federation of 05.11.1997 N 18-65 "About the statement of Approximate regulations on body of architecture and town planning of Executive power of the subject of the Russian Federation".
Additional Files
Published
2019-06-18
How to Cite
KUCHMAYEVA, S. N. (2019). Features of administrative and legal regulation of powers of subjects of the public power in the field of town-planning activity. Voprosy Ecologii, 7(10), 16–26. Retrieved from http://grreview.ru/index.php/wej/article/view/33
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