41. Territorial planning. Types of territorial planning documents.

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

Functional zones are zones for which territorial planning documents define boundaries and functional purposes.

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

Urban planning regulations are the types of permitted use of land plots established within the boundaries of the corresponding territorial zone, as well as everything that is located above and below the surface of land plots and is used in the process of their development and subsequent operation of capital construction projects. Limit sizes of land plots and maximum parameters of permitted construction and reconstruction of facilities capital construction, as well as restrictions on the use of land plots and capital construction projects.

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

Land use and development rules - a document of urban planning zoning, which is approved by regulatory legal acts of authorities local government, regulatory legal acts government bodies of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg and which establishes territorial zones, urban planning regulations, the procedure for applying such a document and the procedure for making changes to it.

Territorial zone is a part of the territory that is characterized by a special legal regime for the use of land plots and the boundaries of which are determined during land zoning in accordance with land, urban planning, forestry, water legislation, as well as taxes and fees, environmental protection and other legislation of the Russian Federation and legislation of the constituent entities of the Russian Federation (paragraph 6, article 1, chapter 1 Federal Law RF dated 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 intended purpose into categories, as well as zoning of the territory.

Land according to its intended purpose is divided into the following categories:

– agricultural land;

– populated areas;

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

– specially protected areas and objects;

– forest fund;

– water fund;

– stock.

This division of the lands of the Russian Federation into categories is the first stage of delimitation of lands according to their intended purpose, essentially the first stage of a kind of spatial zoning of the territory of the state.

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

According to 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 in settlements, the positions of the Town Planning and Land Codes coincide and the named category of lands on this basis may include residential, public, 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 area:

– development of federal transport, communications, information and communications;

National defense and state security;

Energy development;

Use and protection of forest resources;

Use and protection of water bodies;

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

Protection of the territories of two or more constituent entities of the Russian Federation exposed to the risk of emergencies of a natural and man-made nature 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) territorial planning schemes of a constituent entity of the Russian Federation, including: maps (schemes) of the planned development and location of protected natural areas of regional significance, changes in the boundaries of agricultural lands and the boundaries of agricultural lands as part of agricultural lands, as well as maps (schemes) of the planned location capital construction projects of regional significance, including:

Objects energy systems regional significance;

Transport facilities, communications, computer science and communications of regional significance;

Linear objects of regional significance that support the activities of natural monopolies;

Other objects, the placement of which is necessary for the exercise 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:

Spatial 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 location of capital construction projects of local importance, including:

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

Highways common use between populated areas, bridges and other transport engineering structures outside the boundaries of populated areas within the boundaries of a municipal district;

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

The territorial planning system provided for by the 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) and the Federal Law “On the Entry into Force of the Town Planning Code of the Russian Federation” dated December 29, 2004 No. 191-FZ in our country has the following significant shortcomings, which will not allow scientifically based planning and organization of rational use of land and their protection only as part of urban planning documentation.

Firstly, the adopted concept of territorial planning is based on the interests of the development of human settlements, as well as, to some extent, the planned placement of capital construction projects for industrial, transport, energy and other purposes. This concept at one time (late 60s - early 70s of the last century) prevailed in economically developed foreign countries, primarily in Western Europe. This led to unregulated development, urban growth, 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 primary service to public interests. It is carried out under the mottos: “Ecology for all”, “Nature conservation and the creation of sustainable production”, and in rural areas - “Socio-economic development of 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 and 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 Urban Planning Code of the Russian Federation, in contrast to land management documentation for planning the use of land and their protection, consider land (territory) only as an object of urban planning activity, which in practice can lead to unjustified development of agricultural land , forest fund, specially protected areas, etc.

Thirdly, taking into account the fact that town planning regulations as components of the Land Use and Development Rules, according to clause 6 of Art. 36 of the Town Planning Code of the Russian Federation, are not established at all for lands of forest, water funds, reserve lands, most of specially protected natural areas (except for lands of medical and recreational areas and resorts)", agricultural lands as part of agricultural lands, more than 90% of all the country's lands cannot be covered by the relevant norms and rules of land use, and, therefore, cannot be within the scope of territorial planning and urban zoning. Therefore, for all of the above categories of land that are not covered by urban planning regulations, planning for the use of land and their protection should be an area of ​​land management activity and carried out on the basis of land management documentation.

Fourthly, territorial planning is a tool for implementing the state’s land policy. Therefore, it must be end-to-end, that is, hierarchically interconnected at various levels government controlled, implementing 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 proceeds from the general to the specific, both vertically (state - region - municipality) and horizontally (the entire economy - economic sectors). In this regard, territorial planning should be either comprehensive or sectoral.

At the same time Town Planning Code 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 drawing up 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 we can draw the following conclusions:

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

Urban zoning carried out within the framework of urban planning activities, has the authority to resolve issues of land use only to the extent that it can be provided with information about the quality of the land, the correspondence of the quality to the intended purpose of the 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 within the framework of land management, since the study of land is within its competence.

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

The history of the prototype of a municipal territorial planning scheme is known in the Russian Federation in the form of district planning schemes. Regional 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 resolved issues of improving the settlement system, placement of productive forces throughout the region, territorial organization of production and placement of production and social infrastructure facilities (capital construction projects of local importance).

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

2. Relations relating to the zoning of territories outside the boundaries of populated areas 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 enact the Federal Law “On Zoning of Territories”, introduce additions and changes 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 boundaries of a settlement, the interests of various administrative-territorial entities and land owners collide, the boundaries of categories and legal regime lands, priorities for the development of different types of land use (urban, agricultural, forest, water, etc.) are determined; the establishment of the boundaries of settlements should be included in land management, not urban planning, actions, which will ensure an independent and objective solution to these issues. This provision has already taken place in our country and has proven itself in practice. In the context of the developing market turnover of land, this will ensure transparency, validity and social justice of the decisions made. Therefore, paragraph 2 of Art. should be amended accordingly. 84 of the Land Code of the Russian Federation.

4. Considering that out of 19.1 million hectares 1 of land in settlements, only 5.2 million hectares (27.3%) are occupied by buildings and roads, 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, which also relate to land management documentation. The procedure for the development and content of such plans, which have proven 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 adjust the newly adopted urban planning and existing land legislation, which defines the main provisions for planning the rational use of land and their protection in the system of land management documentation.

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

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

1) regulations on territorial planning;

2) a map of the planned location of local facilities of the municipal district;

3) a map of the boundaries of settlements (including the boundaries of newly formed settlements) located in inter-settlement areas;

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

2. The provisions on territorial planning contained in the territorial planning scheme of a municipal district include:

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

3. On the maps specified in paragraphs 2 - 4 of part 1 of this article, the following are respectively 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) local roads outside the boundaries of populated areas within the boundaries of the municipal district;

c) education;

d) healthcare;

d) Physical Culture and mass sports;

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

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

2) the boundaries of settlements (including the boundaries of newly formed settlements) located in inter-settlement areas;

3) boundaries and description of functional zones established in inter-settlement territories, indicating the objects of federal significance, objects of regional significance, objects of local significance (except for linear objects) planned for placement in these zones (except for 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 appendix to the territorial planning scheme of a municipal district is information about the boundaries of settlements (including the boundaries of newly formed settlements) located in intersettlement areas, which must contain a graphic description of the location of the boundaries of settlements, a list of coordinates of characteristic points of these boundaries in the coordinate system used for maintaining the Unified State Register of Real Estate. Local government bodies of a municipal district also have the right to prepare a text description of the location of the boundaries of settlements. Forms of graphic and text 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 executive body exercising the functions of developing state 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 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 the municipal district.

5. Materials for substantiating the territorial planning scheme of a municipal district in text form contain:

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

2) justification for the chosen option for locating objects of local importance in the municipal district based on an analysis of the use of the relevant territory, possible directions for its development and projected restrictions on its use;

3) assessment of the possible impact of local facilities planned for the location of the municipal district on the integrated development of the corresponding territory;

4) information approved by 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 on the types, purpose and names of federal significance objects, objects of regional significance, planned for placement in intersettlement territories, their main characteristics, location, characteristics of areas with special conditions use of territories in the event that the establishment of such zones is required in connection with the placement of these objects, details of the specified territorial planning documents, as well as justification for the chosen option for the placement of objects of federal significance, objects of regional significance based on an analysis of the use of these territories, possible directions for their development and projected restrictions their use;

5) a list of land plots located in intersettlement areas and included within the boundaries of settlements or excluded from their boundaries, indicating the categories of land to which these land plots are planned to be classified and the purposes of their planned use;

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

6. Materials for substantiating the territorial planning scheme of a 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) capital construction objects, other objects, territories, zones that influenced the determination of the planned location of objects of local significance of the municipal district, objects of federal significance, objects of regional significance, including:

a) objects of federal significance, objects of regional significance planned for placement in accordance with 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 territories of federal, regional, local significance;

d) territories of cultural heritage sites;

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

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

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

4) boundaries of forest areas.

Commentary to Art. 19th Civil Code of the Russian Federation

The normative content of territorial planning schemes for a municipal district follows general provisions on the content of territorial planning schemes of 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 general principles 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 exercised 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, which may carry out individual government powers, transferred to local governments by federal laws and laws of 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 planning goals at this level, and first of 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 government bodies.

It should be noted that the Federal Law “On Electric Power Industry” deciphers the concept of an electric power facility specified in the commented article. In accordance with this Law, electric power facilities are property objects directly used in the process of production, transmission of electric energy, operational dispatch control in the electric power industry and sales of electric energy, including electric grid facilities.

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

In accordance with 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 law 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 and legal form and procedure, which received the objects of the specified complex into 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 the objects of the specified complex into ownership during the privatization process 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 constituent entities of the Russian Federation; its activities are controlled by authorized government bodies in the manner established by the legislation of the Russian Federation.

The organization that owns 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 government bodies of the municipal district and is carried out in the manner established by the legislation of the Russian Federation and municipal regulatory legal acts.

Second commentary to Article 19 of the Town Planning Code

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

1) map of the planned location of local facilities of the municipal district;

2) a map of the boundaries of settlements (including the boundaries of newly formed settlements) located in inter-settlement areas;

3) a map of functional zones established in inter-settlement territories, if it is planned to locate 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 General Principles of Local Self-Government”, intersettlement territory is defined as a territory located outside the boundaries of settlements.

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

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

1) information about the types, purpose and names of 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 if the establishment such zones are required in connection with the placement of these objects;

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

If there is no territory within the boundaries of a municipal district that is outside the boundaries of settlements, the regulations on territorial planning should contain only information about the types, purpose and names of local objects planned for the location of the municipal district, their main characteristics, their location, as well as the characteristics of zones with special conditions for the use of territories if 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 inter-settlement territory is determined with varying accuracy.

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

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

It should be noted that previously the content of the provisions on territorial planning included the goals and objectives of territorial planning. Federal Law of March 20, 2011 N 41-FZ “On amendments to the Town Planning Code of the Russian Federation and certain legislative acts RF regarding issues of territorial planning”, goals and objectives were excluded from the content of the regulation.

E.K. Trutnev, director of the “Reforms in Real Estate” direction of the Institute of 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 excluding goals and objectives from the content of the provisions on territorial planning was the perception of territorial planning as a purely technological action - planning the location of facilities primarily. 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 the outside” (from strategic planning) and embody them through mechanistic “projection”. Technological actions as something that is “at the end” cannot have specificity in terms of goal setting; they 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 relay of certain external “extra-territorial and extra-spatial” decisions; it cannot be intended exclusively for mechanistic display in the form of “projections” of decisions developed within the framework of strategic planning, where in principle there can be no parametric modeling ( 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 on the Town Planning Code of the Russian Federation regarding the institution of territorial planning, 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 issues of territorial planning” dated March 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 territorial planning schemes for constituent entities 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 locating objects of regional significance, it is recommended to carry out as an independent research work the concept of spatial organization of the territory or to develop a concept of spatial (urban planning) planning as part of materials for justifying projects of such schemes.

The task of urban planning justification is to link the priority directions of socio-economic development to the territory in the form of objects based on a balanced account 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 types of use).

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 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 in 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 of objects of federal significance, objects in territorial planning documents regional significance, objects of local significance.

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

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

— when creating and maintaining state and municipal information systems for supporting urban planning activities;

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

To ensure information interaction between state and municipal information systems containing information about the status, restrictions on 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 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 in explanatory note The draft of the above Order contains an explanation that the coordinate location (reference) symbols planned objects on maps cannot be unambiguously used in preparing coordinate descriptions of draft land boundaries for these objects. Clarification of the location of objects planned for placement should be carried out at the stages of 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 territorial planning documents of objects of federal significance, objects of regional significance, objects of local significance” // Federal portal of draft 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;

— boundaries of settlements (including the boundaries of newly formed settlements) located in inter-settlement areas;

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

Part 3 of the commented article also contains open list areas to which local facilities planned for placement should belong.

Moreover, according to clause 21, part 2, 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 constituent entities of the Russian Federation”, healthcare facilities are necessary for the exercise of powers of state authorities of the constituent entity of the Russian Federation. Thus, in accordance with the criteria for classification as objects of local importance, enshrined in paragraph 20 of Art. 1 Civil Code of the Russian Federation, healthcare facilities according to general rule have regional significance and are subject to display on territorial planning diagrams of constituent entities of the Russian Federation.

The 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” is 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 to local government bodies and the provision of medical care citizens are provided medical organizations municipal system healthcare.

The territorial planning scheme of the municipal district is on a par with the state real estate cadastre (from January 1, 2017 - a single state register real estate) 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 appealed 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 regarding highways. According to the cassation instance, this position is unfounded, since it does not comply with the requirements of the Civil Code of the Russian Federation, and the reference of the courts to the duty map of the city with established boundaries regarding highways without reference to the map of the boundaries of the settlement indicated in the corresponding territorial planning scheme cannot be considered appropriate evidence (see Resolution Arbitration Court Northwestern District of August 3, 2015 in case No. A21-2026/2014).

Information about objects of federal and regional significance planned for placement in functional zones is provided on the basis of territorial planning documents of the Russian Federation and a 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, inter alia, on the basis of strategies (programs) for the development of certain sectors of the economy, priority national projects, interstate programs, programs for the socio-economic development of constituent entities of the Russian Federation, taking into account programs adopted in the prescribed manner and implemented at the expense of funds the federal budget, budgets of the constituent entities of the Russian Federation, decisions of government bodies, other main managers of funds from the corresponding budgets, providing for the creation of objects of federal significance, objects of regional significance.

Thus, information about federal and regional facilities 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 a populated area) .

If the strategic planning document does not indicate the specific location of an object or gives an approximate or variant location, 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 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 that the Territorial Planning Scheme of the Partizansky Municipal District, approved by the decision of the Duma of the Partizansky Municipal District of the Primorsky Territory of December 27, 2010 N 207, “On approval of the Territorial Planning Scheme of the Partizansky Municipal District” to be invalid 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 consideration of the case in the court of appeal, the Government of the Russian Federation had not made a decision on the creation of the Petrochemical PSEDA, reflected in the components included in the scheme territorial planning of the Partizansky municipal district maps, its boundaries are not defined; evidence of the inclusion of the Petrochemical PSEDA in the territorial planning documents of the Russian Federation was not presented in the case materials. Guided by the above, the board decided to recognize the territorial planning scheme of the Partizansky municipal district as ineffective from the date of adoption in terms of placement 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 No. 2), "Project plan" (Appendix No. 3), "Scheme for the development of transport and engineering infrastructure" (Appendix No. 5) of an object of other significance "Petrochemical PSEDA" (see Appeal ruling of the RF Armed Forces 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 area.

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

According to clause 5.3.1 “SP 47.13330.2012 Engineering surveys for construction. Basic provisions. Updated version of SNiP 11-02-96”, approved. By Order of the State Construction Committee of Russia dated December 10, 2012 N 83/GS, territorial planning is carried out using topographic maps and plans (in digital and graphical forms), materials from engineering surveys and remote sensing of the Earth for the development of territorial planning schemes for municipal areas - based on topographic maps on scales 1:50,000, 1:25,000.

4. Part 4 of the commented article establishes that territorial planning schemes for a municipal district must be accompanied by materials on their justification in text form and in the form of maps.

The explanatory note justifying the decisions of the territorial planning scheme of the municipal district provides, among other things, information about plans and programs for the comprehensive socio-economic development of the municipality, for the implementation of which the creation of objects of local importance is carried out.

Relevant information is provided 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 regarding the adoption of plans and programs for the comprehensive 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 municipal government and socio-economic development of municipalities, consistent with the priorities and goals of the socio-economic development of the Russian Federation and 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 government bodies;

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

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

A.V. Madyarova believes that in municipal regulatory legal acts the concepts “plan for comprehensive socio-economic development of a municipal formation” and “program for comprehensive socio-economic development of a municipal formation” can be used as identical (unambiguous) concepts, respectively, to the concepts “plan of measures for the implementation of the strategy of socio-economic development of the municipal formation" and "strategy for the socio-economic development of the municipal formation". According to the expert, in this case, the municipality does not require the adoption of separate documents as a plan for the comprehensive 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 the implementation of the strategy for socio-economic development of the municipality.
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Chapter 3. TERRITORIAL PLANNING

On the procedure for including land plots within the boundaries of settlements or excluding land plots from the boundaries of settlements, see Article 4.1 of Federal Law No. 191-FZ of December 29, 2004. On the approval of draft boundaries of zones for the planned placement of capital construction projects of federal, regional or local significance, see Article 3.1 of the Federal Law of December 29, 2004 N 191-FZ.

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

2. Territorial planning documents are divided into:

1) documents of territorial planning of the Russian Federation;

2) documents of territorial planning of the constituent entities of the Russian Federation;

3) documents of territorial planning of municipalities.

3. Territorial planning documents are mandatory for state authorities and local governments when they make decisions and implement such decisions.

4. It is not allowed for government bodies and local government bodies to make decisions on the reservation of land, on the seizure, including through redemption, of land plots for state or municipal needs, on the transfer of land from one category to another in the absence of territorial planning documents, with the exception of cases provided for by federal laws.

1. The territorial planning documents of the Russian Federation are the territorial planning schemes of the Russian Federation in the area of:

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

2) national defense and state security;

3) energy development;

4) has become invalid. - Federal Law of December 4, 2006 N 201-FZ;

5) has become invalid. - Federal Law of June 3, 2006 N 73-FZ;

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

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

8) development of space activities;

9) natural monopolies;

10) in other areas provided for by the legislation of the Russian Federation.

2. The preparation of the schemes specified in Part 1 of this article can be carried out as part of one or several territorial planning documents in relation to the entire territory of the Russian Federation or its part.

3. Territorial planning schemes of the Russian Federation may include maps (schemes) of the planned location of capital construction projects of federal significance, including:

1) objects of federal energy systems;

2) nuclear energy facilities;

3) defense and security facilities;

4) objects of federal transport, communications, computer science and communications;

5) objects supporting space activities;

6) objects providing status and protection State border Russian Federation;

7) linear facilities supporting the activities of natural monopoly entities;

8) other objects, the placement of which is necessary for the exercise of the powers of the Russian Federation established by the Constitution of the Russian Federation, federal laws and the fulfillment international obligations Russian Federation.

4. Territorial planning schemes of the Russian Federation contain provisions on territorial planning and corresponding maps (schemes).

5. The provisions on territorial planning contained in the territorial planning schemes of the Russian Federation include:

6. The maps (schemes) contained in the territorial planning schemes of the Russian Federation display:

1) the borders of the constituent entities of the Russian Federation, the borders of closed administrative-territorial entities, the borders of special economic zones, the borders of municipal entities;

2) the boundaries of forest fund lands, the boundaries of lands of specially protected natural areas of federal significance, the boundaries of defense and security lands, as well as the planned boundaries of such lands;

5) boundaries of territories exposed to the risk of emergencies of a natural and man-made nature and the impact of their consequences;

6) the boundaries of land plots that are provided for the placement of capital construction projects of federal significance or on which capital construction projects that are in federal ownership are located, as well as the boundaries of the zones of the planned placement of capital construction projects of federal significance.

7. In order to approve territorial planning schemes of the Russian Federation, relevant materials are prepared to justify their projects in text form and in the form of maps (diagrams).

8. Materials for substantiating draft territorial planning schemes of the Russian Federation in text form include:

9. On maps (diagrams) as part of materials for substantiating draft territorial planning schemes of the Russian Federation the following are displayed:

1) maps (diagrams) of the use of the territory of the Russian Federation, parts of the territory of the Russian Federation showing the boundaries of lands of various categories, other information about the use of the relevant territory;

2) maps (schemes) of restrictions approved as part of territorial planning documents of constituent entities of the Russian Federation and territorial planning documents of municipalities, including maps (schemes) of the boundaries of territories of cultural heritage sites, maps (schemes) of the boundaries of zones with special conditions for the use of territories, maps (schemes) of the boundaries of territories exposed to the risk of emergencies of a natural and man-made nature, maps (schemes) of the boundaries of zones of the planned location of capital construction projects of federal significance, the consequences of the placement of which can lead to negative changes in the quality of the environment (hereinafter referred to as the negative impact zones), maps (diagrams) of the boundaries of zones of environmental risk and possible environmental pollution due to accidents at potentially dangerous production facilities and transport infrastructure facilities;

3) maps (diagrams) displaying the results of the analysis of the integrated development of the territory and the location of capital construction projects of federal significance, including taking into account the results of engineering surveys;

4) other maps (schemes).

11. The proposals specified in paragraph 2 of part 9 of this article are displayed on maps (diagrams), which are used to make changes to them when approving draft territorial planning schemes of the Russian Federation and include:

1) maps (diagrams) of the planned change in the boundaries of forest fund lands, the boundaries of lands of specially protected natural areas of federal significance, the boundaries of defense and security lands;

2) maps (diagrams) showing the zones of the planned location of capital construction projects of federal significance;

3) other maps (schemes).

1. Territorial planning schemes of the Russian Federation, including amendments to such schemes, are approved by the Government of the Russian Federation.

2. Territorial planning schemes of the Russian Federation, including maps (diagrams) of the planned location of defense and security facilities, are approved in the manner established by the legislation of the Russian Federation in the field of defense and the legislation of the Russian Federation on state secrets.

3. Preparation of draft territorial planning schemes for the Russian Federation is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account federal programs in the field of state, economic, environmental, social, cultural and national development of the Russian Federation, provisions on territorial planning contained in territorial planning documents of the constituent entities of the Russian Federation, territorial planning documents of municipalities, as well as taking into account proposals from interested parties.

4. Before their approval, draft territorial planning schemes of the Russian Federation are subject to mandatory approval by the interested executive authorities of the constituent entities of the Russian Federation in the manner established by Article 12 of this Code.

5. Draft territorial planning schemes of the Russian Federation are subject to publication in the manner established for the official publication of regulatory legal acts of the Russian Federation, other official documents, no less than three months before their approval and are posted on the official website of the Government of the Russian Federation on the Internet. Draft regulations on territorial planning provided for in Part 5 of Article 10 of this Code, draft maps (schemes) or several maps (schemes) that display the information provided for in Part 6 of Article 10 of this Code are subject to publication and placement.

6. Interested parties have the right to submit their proposals on draft territorial planning schemes for the Russian Federation.

7. Territorial planning schemes of the Russian Federation are subject to publication in the manner established for the official publication of regulatory legal acts of the Russian Federation, other official documents, and are posted on the official website of the Government of the Russian Federation on the Internet. The regulations on territorial planning provided for in Part 5 of Article 10 of Article 10 of this Code are subject to publication and placement.
(as amended by Federal Law dated December 31, 2005 N 210-FZ)

8. Territorial planning schemes of the Russian Federation, within three days from the date of their approval, are sent to the highest executive bodies of state power of the constituent entities of the Russian Federation and local government bodies of municipalities, in relation to whose territories territorial planning schemes of the Russian Federation have been prepared.

9. Rights holders of land plots and capital construction projects, if their rights and legitimate interests are violated or may be violated as a result of the approval of territorial planning schemes of the Russian Federation, have the right to challenge the territorial planning schemes of the Russian Federation in court.

10. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local government bodies, interested individuals and legal entities has the right to submit proposals to amend the territorial planning schemes of the Russian Federation.

11. Amendments to the territorial planning schemes of the Russian Federation must be carried out in accordance with the requirements provided for in parts 2 - 10 of this article.

12. The composition, procedure for preparing draft territorial planning schemes of the Russian Federation, the procedure for making changes to such schemes are established by the Government of the Russian Federation.

13. The composition, procedure for preparation, procedure for approval of draft territorial planning schemes of the Russian Federation, including maps (schemes) of the planned location of defense and security facilities, the procedure for making changes to such documents, the specifics of their publication are established in accordance with the legislation of the Russian Federation in the field of defense and the legislation of the Russian Federation on state secrets.

1. The draft territorial planning scheme of the Russian Federation is subject to approval by the highest executive bodies of state power of the constituent entity of the Russian Federation in cases where the proposals contained in the said draft involve changes in the existing or, in accordance with the territorial planning documents of the constituent entity of the Russian Federation, planned boundaries of agricultural lands, borders lands of specially protected natural areas of regional significance, boundaries of land plots owned by a constituent entity of the Russian Federation, boundaries of territories of cultural heritage sites, boundaries of zones of planned placement of capital construction projects of regional significance. Issues regarding the placement of capital construction projects of federal significance, which may have a negative impact on environment on the territory of a constituent entity of the Russian Federation. Other issues cannot be subject to approval in connection with the preparation of a draft territorial planning scheme for the Russian Federation.

2. The period for approval of a draft territorial planning scheme of the Russian Federation cannot exceed three months from the date of its submission for approval to the highest executive bodies of state power of the constituent entities of the Russian Federation, in relation to the territories of which a draft of such a territorial planning scheme has been prepared or on the territory of which the planned for the placement of a capital construction facility of federal significance.

3. Failure to receive a consolidated conclusion on the project specified in Part 2 of this article from the highest executive body of state power of a subject of the Russian Federation within the established period is considered as consent of such a body of state power of the subject of the Russian Federation with the draft territorial planning scheme of the Russian Federation.

4. The highest executive body of state power of a constituent entity of the Russian Federation sends a draft territorial planning scheme of the Russian Federation to the local government bodies of municipalities, in relation to whose territories a draft territorial planning scheme of the Russian Federation has been prepared.

5. Local government bodies are considering the draft territorial planning scheme of the Russian Federation in terms of taking into account in the proposals contained in the said draft the provisions on territorial planning contained in the territorial planning documents of municipalities, taking into account land use and development rules, proposals to change the boundaries of land plots located V municipal property. Issues regarding the placement of capital construction projects of federal significance that may have a negative impact on the environment in the territories of municipalities are also subject to approval.

6. Maximum term consideration of a draft territorial planning scheme of the Russian Federation and preparation of conclusions on such a project by local government bodies cannot exceed thirty days from the date of receipt of such a project. If conclusions from local self-government bodies are not received within the prescribed period, the draft territorial planning scheme of the Russian Federation is considered agreed upon with these bodies.

7. The highest executive body of state power of a constituent entity of the Russian Federation, on the basis of the conclusions of local government bodies, prepares a consolidated conclusion on the draft territorial planning scheme of the Russian Federation, which may contain a provision on agreement with the draft territorial planning scheme of the Russian Federation or disagreement with such a project with justification for the decision made .

8. If consolidated conclusions are received from one or more constituent entities of the Russian Federation containing provisions on disagreement with the draft territorial planning scheme of the Russian Federation with justification for the decision made, within thirty days from the date of expiration of the established period for approval of such a project, a decision is made to create a conciliation commission. The maximum period of work of the conciliation commission cannot exceed three months.

9. Based on the results of the work, the conciliation commission presents:

1) a document on approval of the draft territorial planning scheme of the Russian Federation and the draft territorial planning scheme of the Russian Federation prepared for approval with amendments made to it;

1) proposals to exclude from the draft territorial planning scheme of the Russian Federation materials on uncoordinated issues (including by displaying them on the appropriate map (diagram) in order to record uncoordinated issues until they are agreed upon);

2) a plan for coordinating the issues specified in paragraph 1 of this part after approval of the territorial planning scheme of the Russian Federation by preparing proposals to introduce appropriate changes to such a scheme.

11. Based on the documents and materials presented by the conciliation commission, a decision is made to approve the territorial planning scheme of the Russian Federation or to reject the draft territorial planning scheme of the Russian Federation and to send it for revision.

12. The procedure for approving the draft territorial planning scheme of the Russian Federation, the composition and work procedure of the conciliation commission are established by the Government of the Russian Federation.

13. If the materials specified in paragraph 2 of part 9 of this article are available, the Government of the Russian Federation may approve the territorial planning scheme of the Russian Federation, providing for the placement of capital construction projects of federal significance.

1. The implementation of the territorial planning scheme of the Russian Federation is carried out on the basis of the implementation plan for the territorial planning scheme of the Russian Federation, the preparation and approval of which is carried out in the manner established by the Government of the Russian Federation, within three months from the date of approval of such a scheme.

2. The implementation plan for the territorial planning scheme of the Russian Federation contains:

1) the timing of preparation of documentation on the planning of the territory for the placement of capital construction projects of federal significance, on the basis of which the boundaries of land plots for the placement of such facilities are determined or clarified;

2) deadlines for the preparation of design documentation and construction deadlines for capital construction projects of federal significance;

3) financial and economic justification for the implementation of the territorial planning scheme of the Russian Federation.

1. The territorial planning documents of the constituent entities of the Russian Federation are the territorial planning schemes of the constituent entities of the Russian Federation. The preparation of these schemes can be carried out as part of one or several territorial planning documents of the constituent entities of the Russian Federation.

2. The preparation of a territorial planning scheme for a constituent entity of the Russian Federation can be carried out in relation to the entire territory of a constituent entity of the Russian Federation or to its parts.

3. Territorial planning schemes for constituent entities of the Russian Federation may include maps (schemes) of the planned development and location of specially protected natural areas of regional significance, changes in the boundaries of agricultural lands and the boundaries of agricultural lands as part of agricultural lands, as well as maps (schemes) of the planned location capital construction projects of regional significance, including:

1) objects of energy systems of regional significance;

2) transport facilities, communications, computer science and communications of regional significance;

3) linear objects of regional significance that support the activities of natural monopolies;

4) other objects, the placement of which is necessary for the exercise 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.

4. The territorial planning scheme of a constituent entity of the Russian Federation contains provisions on territorial planning and corresponding maps (schemes).

5. The provisions on territorial planning contained in the territorial planning scheme of a constituent entity of the Russian Federation include:

1) goals and objectives of territorial planning;

2) a list of territorial planning activities and an indication of the sequence of their implementation.

6. The maps (diagrams) contained in the territorial planning scheme of a constituent entity of the Russian Federation display:

1) the boundaries of municipal formations - city districts, municipal districts, settlements, approved in the prescribed manner by the law of the subject of the Russian Federation;

2) the boundaries of forest fund lands, the boundaries of lands of specially protected natural areas of regional significance, the boundaries of defense and security lands;

3) the boundaries of agricultural lands and the boundaries of agricultural lands as part of agricultural lands, as well as the planned boundaries of such lands;
(as amended by Federal Law dated December 31, 2005 N 210-FZ)

4) boundaries of territories of cultural heritage sites;

5) boundaries of zones with special conditions for the use of territories;

6) boundaries of territories exposed to the risk of emergencies of a natural and man-made nature and the impact of their consequences;

7) the boundaries of land plots that are provided for the placement of capital construction projects of regional significance or on which capital construction projects owned by a constituent entity of the Russian Federation are located, as well as the boundaries of the zones of the planned placement of capital construction projects of regional significance.

7. In order to approve the territorial planning scheme of a constituent entity of the Russian Federation, relevant materials are prepared to substantiate its project in text form and in the form of maps (diagrams).

8. Materials for substantiating the draft territorial planning scheme of a constituent entity of the Russian Federation in text form include:

1) justification of options for solving territorial planning problems;

2) list of measures for territorial planning;

3) justification of proposals for territorial planning, stages of their implementation;

4) a list of the main risk factors for emergencies of a natural and man-made nature.

9. On maps (diagrams) as part of materials for substantiating the draft territorial planning scheme of a constituent entity of the Russian Federation, the following are displayed:

2) proposals for territorial planning.

10. The information specified in paragraph 1 of part 9 of this article is displayed on the following maps (diagrams):

1) maps (diagrams) of the use of the territory of a constituent entity of the Russian Federation showing the boundaries of lands of various categories, other information about the use of the relevant territory;

2) maps (schemes) of restrictions approved as part of territorial planning documents of the Russian Federation and territorial planning documents of municipalities, including maps (schemes) of the boundaries of territories of cultural heritage sites, maps (schemes) of the boundaries of zones with special conditions for the use of territories, maps ( diagrams) of the boundaries of territories exposed to the risk of emergencies of a natural and man-made nature, maps (diagrams) of the boundaries of zones of the negative impact of capital construction projects of regional significance in the event of the location of such facilities;

3) maps (diagrams) displaying the results of the analysis of the integrated development of the territory and the location of capital construction projects of regional importance, including taking into account the results of engineering surveys;

4) other maps (schemes).

11. The proposals specified in paragraph 2 of part 9 of this article are displayed on maps (schemes), which are used to make changes to them when agreeing on a draft territorial planning scheme for a constituent entity of the Russian Federation and include:

1) maps (diagrams) of the planned change in the boundaries of municipalities;

2) maps (diagrams) of the planned change in the boundaries of agricultural lands and the boundaries of agricultural lands as part of agricultural lands, the boundaries of lands of specially protected natural areas of regional significance;

3) maps (diagrams) showing the zones of the planned location of capital construction projects of regional importance;

4) other maps (schemes).

1. The territorial planning scheme of a constituent entity of the Russian Federation, including amendments to such a scheme, is approved by the highest executive body of state power of the constituent entity of the Russian Federation.

2. Preparation of territorial planning schemes for the constituent entities of the Russian Federation is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account programs in the field of state economic, environmental, social, cultural and national development of the constituent entities of the Russian Federation, provisions on territorial planning contained in the documents territorial planning of the Russian Federation, territorial planning documents of municipalities, as well as taking into account proposals from interested parties.

3. The draft territorial planning scheme of a constituent entity of the Russian Federation, before its approval, is subject to mandatory approval from the authorized federal executive body, the highest executive bodies of state power of the constituent entities of the Russian Federation that have a common border with the constituent entity of the Russian Federation that ensured the preparation of the draft territorial planning scheme, and local government bodies municipalities, in relation to the territories of which proposals for territorial planning have been prepared, in the manner established by Article 16 of this Code.

4. The draft territorial planning scheme of a constituent entity of the Russian Federation is subject to publication in the manner established for the official publication of regulatory legal acts of government bodies of a constituent entity of the Russian Federation, other official information, no less than three months before its approval and is posted on the official website of the constituent entity of the Russian Federation in Internet network. The draft regulations on territorial planning provided for in Part 5 of Article 14 of Article 14 of this Code are subject to publication and placement.
(as amended by Federal Law dated December 31, 2005 N 210-FZ)

5. Interested parties have the right to submit their proposals on the draft territorial planning scheme of a constituent entity of the Russian Federation.

6. The territorial planning scheme of a constituent entity of the Russian Federation is subject to publication in the manner established for the official publication of regulatory legal acts of state authorities of a constituent entity of the Russian Federation, other official information, and is posted on the official website of the constituent entity of the Russian Federation on the Internet. The provisions on territorial planning provided for in Part 5 of Article 14 of this Code, and a map (diagram) or several maps (diagrams) displaying the information provided for in Part 6 of Article 14 of this Code are subject to publication and placement. The territorial planning scheme of a constituent entity of the Russian Federation, within three days from the date of its approval, is sent to the authorized federal executive body and the heads of municipalities for whose territories a territorial planning scheme of a constituent entity of the Russian Federation has been prepared.
(as amended by Federal Law dated December 31, 2005 N 210-FZ)

7. Rights holders of land plots and capital construction projects, if their rights and legitimate interests are violated or may be violated as a result of the approval of the territorial planning scheme of a constituent entity of the Russian Federation, have the right to challenge the territorial planning scheme of a constituent entity of the Russian Federation in court.

8. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies, interested individuals and legal entities have the right to submit proposals for amendments to the territorial planning schemes of the constituent entities of the Russian Federation.

9. Amendments to the territorial planning schemes of the constituent entities of the Russian Federation must be carried out in accordance with the requirements provided for in parts 2 - 8 of this article.

10. The composition, procedure for preparing draft territorial planning schemes of the constituent entities of the Russian Federation, the procedure for making changes to such schemes are established in accordance with this Code by the laws of the constituent entities of the Russian Federation.

1. The draft territorial planning scheme of a constituent entity of the Russian Federation is subject to approval by the authorized federal executive body if the proposals contained in the said draft involve changing the existing or, in accordance with the territorial planning documents of the Russian Federation, the planned boundaries of forest fund lands, boundaries of defense lands and security, boundaries of lands of specially protected natural areas of federal significance, boundaries of land plots owned by the Russian Federation, boundaries of territories of cultural heritage sites, boundaries of zones of planned placement of capital construction projects of federal significance. Issues regarding the placement of capital construction projects of regional significance that may have a negative impact on the environment on the specified lands, territories and land plots are also subject to approval.

2. The draft territorial planning scheme of a constituent entity of the Russian Federation is subject to approval by the highest executive bodies of state power of the constituent entities of the Russian Federation that have a common border with the constituent entity of the Russian Federation that ensured the preparation of the draft of such a scheme, in order to comply with the interests of these constituent entities of the Russian Federation in establishing zones with special conditions of use territories, zones of planned placement of capital construction projects of regional importance, which may have a negative impact on the environment in the territories of these constituent entities of the Russian Federation.

3. The draft territorial planning scheme of a constituent entity of the Russian Federation is subject to agreement with interested local government bodies in order to respect the interests of the population of municipalities in the event that the proposals contained in the said draft involve changing the boundaries of land plots in municipal ownership, as well as in terms of accounting rules of land use and development and provisions on territorial planning contained in territorial planning documents of municipalities. Issues regarding the placement of capital construction projects of regional significance that may have a negative impact on the environment in the territories of municipalities are also subject to approval.

4. Other issues, except for the issues specified in parts 1 - 3 of this article, cannot be subject to approval in connection with the preparation of a draft territorial planning scheme for a constituent entity of the Russian Federation.

5. The period for approval of a draft territorial planning scheme of a constituent entity of the Russian Federation cannot exceed three months from the date of its submission for approval to the state authorities and local government bodies specified in parts 1 - 3 of this article, respectively.

6. Conclusions on the draft territorial planning scheme of a constituent entity of the Russian Federation, sent by the bodies specified in parts 1 - 3 of this article, may contain a provision on agreement with such a project or disagreement with such a project with justification for the decision made.

7. In the event that the highest executive body of state power of a constituent entity of the Russian Federation does not receive, within the prescribed period, the conclusions of the bodies specified in parts 1 - 3 of this article, the draft territorial planning scheme of the constituent entity of the Russian Federation is considered agreed upon with such bodies.

8. In case of receipt from one or more bodies specified in parts 1 - 3 of this article, conclusions containing provisions on disagreement with the draft territorial planning scheme of a constituent entity of the Russian Federation with justification for the decision made, the highest executive body of state power of the constituent entity of the Russian Federation within thirty days from the date of expiration of the established period for approval of such a project, makes a decision on the creation of a conciliation commission. The maximum period of work of the conciliation commission cannot exceed three months.

9. Based on the results of the work, the conciliation commission submits to the highest executive body of state power of the constituent entity of the Russian Federation:

1) a document on approval of the draft territorial planning scheme of a constituent entity of the Russian Federation and a draft territorial planning scheme of a constituent entity of the Russian Federation prepared for approval with amendments made to it;

2) materials in text form and in the form of maps (diagrams) on uncoordinated issues.

10. The documents and materials specified in Part 9 of this article may contain:

1) proposals to exclude from the draft territorial planning scheme of a constituent entity of the Russian Federation materials on uncoordinated issues (including by displaying them on the appropriate map (diagram) in order to record uncoordinated issues until they are agreed upon);

2) a plan for coordinating the issues specified in paragraph 1 of this part after approval of the territorial planning scheme of a constituent entity of the Russian Federation by preparing proposals to introduce appropriate changes to such a scheme.

11. Based on the documents and materials presented by the conciliation commission, the highest executive body of state power of a constituent entity of the Russian Federation has the right to make a decision to approve the territorial planning scheme of the constituent entity of the Russian Federation or to reject the draft territorial planning scheme of the constituent entity of the Russian Federation and to send it for revision.

12. The procedure for approving draft territorial planning schemes for constituent entities of the Russian Federation, the composition and work procedure of the conciliation commission are established by the Government of the Russian Federation.

1. The implementation of the territorial planning scheme of a constituent entity of the Russian Federation is carried out on the basis of the implementation plan for the territorial planning scheme of a constituent entity of the Russian Federation, which is approved by the highest executive body of state power of the constituent entity of the Russian Federation within three months from the date of approval of such a scheme.
(as amended by Federal Law dated December 31, 2005 N 210-FZ)

2. The implementation plan for the territorial planning scheme of a constituent entity of the Russian Federation contains:

1) the timing of the preparation of documentation on the planning of the territory for the placement of capital construction projects of regional importance, on the basis of which the boundaries of land plots for the placement of such facilities are determined or clarified;

2) timing of preparation of design documentation and timing of construction of capital construction projects of regional importance;

3) financial and economic justification for the implementation of the territorial planning scheme of a constituent entity of the Russian Federation.

1. The territorial planning documents of municipalities are:

1) territorial planning schemes for municipal districts;

2) master plans of settlements;

3) master plans of urban districts.

2. The composition, procedure for preparing documents for territorial planning of municipalities, the procedure for preparing changes and introducing them into such documents, as well as the composition, procedure for preparing plans for the implementation of such documents are established in accordance with this Code, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies.

3. The procedure for approving territorial planning documents of municipalities, the composition and work procedure of the conciliation commission are established by the federal executive body authorized by the Government of the Russian Federation.

In accordance with Decree of the Government of the Russian Federation dated January 26, 2005 N 40 (as amended on December 29, 2008), the procedure for approving territorial planning documents of municipalities, the composition and work procedure of the conciliation commission when approving territorial planning documents is established by the Ministry of Regional Development of the Russian Federation. Resolution of the Government of the Russian Federation dated March 24, 2007 N 178 approved the Regulations on the approval of draft territorial planning schemes for constituent entities of the Russian Federation and draft territorial planning documents for municipalities.

4. Territorial planning documents of municipalities may be the basis for changing the boundaries of municipalities in the prescribed manner.

1. The territorial planning scheme of a municipal district includes maps (diagrams) of the planned location of capital construction projects of local importance, including:

1) electricity and gas supply facilities within the boundaries of the municipal district;

2) public roads between populated areas, bridges and other transport engineering structures outside the boundaries of populated areas within the boundaries of the municipal district;

3) other objects, the placement of which is necessary for the exercise of powers of local government bodies of the municipal district.

2. The territorial planning scheme of a municipal district contains provisions on territorial planning and corresponding maps (schemes).

3. The provisions on territorial planning contained in the territorial planning scheme of the municipal district include:

1) goals and objectives of territorial planning;

2) a list of territorial planning activities and an indication of the sequence of their implementation.

4. The maps (diagrams) contained in the territorial planning scheme of the municipal district display:

1) existing and planned boundaries of settlements included in the municipal district;

2) boundaries of lands of various categories within inter-settlement territories;

3) boundaries of territories of cultural heritage sites;

4) boundaries of zones with special conditions for the use of territories;

5) the boundaries of land plots that are provided for the placement of capital construction projects of local significance or on which capital construction projects owned by the municipal district are located, as well as the boundaries of the zones of the planned placement of capital construction projects of local significance;

6) boundaries of zones of planned placement of capital construction projects in inter-settlement areas;

7) boundaries of settlements located in inter-settlement areas.
(Clause 7 introduced by Federal Law dated December 18, 2006 N 232-FZ)

5. In order to approve the territorial planning scheme of a municipal district, relevant materials are prepared to substantiate its project in text form and in the form of maps (diagrams).

6. Materials to substantiate the draft territorial planning scheme for a municipal district in text form include:

1) justification of options for solving territorial planning problems;

2) list of measures for territorial planning;

3) justification of proposals for territorial planning, stages of their implementation;

4) a list of the main risk factors for emergencies of a natural and man-made nature.

7. On the maps (diagrams) as part of the materials for substantiating the draft territorial planning scheme of the municipal district, the following are displayed:

1) information about the state of the relevant territory, possible directions for its development and restrictions on its use;

2) proposals for territorial planning.

8. The information specified in paragraph 1 of part 7 of this article is displayed on the following maps (diagrams):

1) maps (schemes) of the use of the territory of the municipal district;

2) maps (schemes) of restrictions approved as part of territorial planning schemes of the Russian Federation, territorial planning schemes of the constituent entities of the Russian Federation, master plans of settlements, including maps (schemes) of the boundaries of territories of cultural heritage sites, maps (schemes) of the boundaries of zones with special conditions use of territories, maps (diagrams) of the boundaries of territories exposed to the risk of emergencies of a natural and man-made nature, maps (diagrams) of the boundaries of zones of the negative impact of capital construction projects of local importance in the event of the location of such objects;

4) other maps (schemes).

9. The proposals specified in paragraph 2 of part 7 of this article are displayed on maps (diagrams), which are used to make changes to them when approving the draft territorial planning scheme of the municipal district and include:

1) maps (diagrams) showing the zones of the planned location of capital construction projects in intersettlement areas;

3) other maps (schemes).

1. The territorial planning scheme of a municipal district, including amendments to such a scheme, is approved by the representative body of local government of the municipal district.

2. The preparation of a territorial planning scheme for a municipal district is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account comprehensive development programs of the municipal district, taking into account the provisions contained in the territorial planning schemes of the Russian Federation, territorial planning schemes of the constituent entities of the Russian Federation, master plans of settlements on territorial planning, taking into account regional and (or) local standards for urban planning, approved in the manner established by parts 5 and 6 of Article 24 of this Code, as well as taking into account proposals from interested parties.

3. The draft territorial planning scheme of the municipal district, before its approval, is subject to in accordance with Article 21

4. The draft territorial planning scheme of a municipal district is subject to publication in the manner established for the official publication of municipal legal acts, other official information, no less than three months before its approval and is posted on the official website of the municipal district (if there is an official website of the municipal district) in Internet network. The draft provisions provided for in Part 3 of Article 19 of this Code, and draft maps (diagrams) or several maps (diagrams) that display the information provided for in Part 4 of Article 19 of this Code are subject to publication and placement.
(as amended by Federal Law dated December 31, 2005 N 210-FZ)

5. Interested parties have the right to submit their proposals on the draft territorial planning scheme for the municipal district.

6. The territorial planning scheme of a municipal district is subject to publication in the manner established for the official publication of municipal legal acts and other official information, and is posted on the official website of the municipal district (if there is an official website of the municipal district) on the Internet. The provisions provided for in Part 3 of Article 19 of this Code and a map (diagram) or several maps (diagrams) on which the information provided for in Part 4 of Article 19 of this Code are displayed are subject to publication and placement. The territorial planning scheme of a municipal district, within three days from the date of its approval, is sent to the authorized federal executive body, the highest executive body of state power of the constituent entity of the Russian Federation, within the boundaries of which the municipal district is located, local government bodies of settlements that are part of the municipal district and in relation to for the territories of which a territorial planning scheme for the municipal district has been prepared, local government bodies of municipal districts and local government bodies of urban districts that have a common border with the municipal area.
(as amended by Federal Law dated December 31, 2005 N 210-FZ)

7. Rights holders of land plots and capital construction projects, if their rights and legitimate interests are violated or may be violated as a result of the approval of the territorial planning scheme of the municipal district, have the right to challenge the territorial planning scheme of the municipal district in court.

8. State authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local self-government bodies, interested individuals and legal entities have the right to submit proposals to the local government bodies of the municipal district to amend the territorial planning scheme of the municipal district.

9. Amendments to the territorial planning scheme of a municipal district must be carried out in accordance with the requirements provided for in parts 2 - 7 of this article.

1. The draft territorial planning scheme for a municipal district is subject to approval in the manner established by the federal executive body authorized by the Government of the Russian Federation, if the proposals contained in the said draft involve changing the existing or, in accordance with the territorial planning schemes of the Russian Federation, planned boundaries of forest lands fund, boundaries of lands of specially protected natural areas of federal significance, boundaries of lands of defense and security, boundaries of land plots owned by the Russian Federation, boundaries of territories of cultural heritage sites, boundaries of zones of planned placement of capital construction projects of federal significance. Issues regarding the placement of capital construction projects of local importance that may have a negative impact on the environment on the specified lands, territories and land plots are also subject to approval.
(as amended by Federal Law No. 160-FZ of July 23, 2008)

In accordance with Decree of the Government of the Russian Federation dated January 26, 2005 N 40 (as amended on December 29, 2008), the procedure for approving territorial planning documents of municipalities is established by the Ministry of Regional Development of the Russian Federation. Resolution of the Government of the Russian Federation dated March 24, 2007 N 178 approved the Regulations on the approval of draft territorial planning schemes for constituent entities of the Russian Federation and draft territorial planning documents for municipalities.

2. The draft territorial planning scheme for a municipal district is subject to approval by the highest executive body of state power of the constituent entity of the Russian Federation, within whose boundaries the municipal district is located, if the proposals contained in the said draft involve changes to existing ones or in accordance with the territorial planning scheme of the constituent entity of the Russian Federation Federation of planned boundaries of agricultural lands, boundaries of lands of specially protected natural areas of regional significance, boundaries of land plots owned by a constituent entity of the Russian Federation, boundaries of territories of cultural heritage sites, boundaries of zones of planned placement of capital construction projects of regional significance. Issues regarding the placement of capital construction projects of local importance that may have a negative impact on the environment on the territory of a constituent entity of the Russian Federation are also subject to approval.

3. The draft territorial planning scheme for a municipal district is subject to agreement with the interested local government bodies of the settlements that are part of the municipal district, if the proposals contained in the said draft involve changing the boundaries of land plots owned by the settlements, as well as in terms of accounting rules of land use and development and provisions on territorial planning contained in master plans of settlements. Issues regarding the placement of capital construction projects of local importance that may have a negative impact on the environment in the settlement territory are also subject to approval.

4. The draft territorial planning scheme for a municipal district is subject to agreement with interested local government bodies of municipal districts and local government bodies of urban districts that have a common border with the municipal district, in order to respect the interests of the population of municipalities in establishing zones with special conditions for the use of territories, zones of planned location capital construction projects of local importance that may have a negative impact on the environment in the territory of the municipal district.

5. Issues other than those specified in parts 1 - 4 of this article cannot be considered when agreeing on a draft territorial planning scheme for a municipal district.

6. The period for approval of a draft territorial planning scheme for a municipal district cannot exceed three months from the date the local government body of the municipal district sends such a project for approval to the authorized federal executive body, the highest executive body of state power of the constituent entity of the Russian Federation within whose borders the municipal district is located, local government bodies of settlements that are part of a municipal district, local government bodies of municipal districts and local government bodies of urban districts that have a common border with the municipal district.

7. In the event that the local government body of the municipal district does not receive conclusions on the draft territorial planning scheme of the municipal district from the bodies specified in part 6 of this article within the prescribed period, such a project is considered agreed upon with the specified bodies.

8. Conclusions on the draft territorial planning scheme of a municipal district may contain provisions on agreement with the draft territorial planning scheme of the municipal district or disagreement with such a project with justification for the decisions made.

9. In case of receipt from one or more bodies specified in part 6 of this article containing provisions on disagreement with the draft territorial planning scheme of the municipal district with justification for the decisions taken, the head of the local administration of the municipal district within thirty days from the date of expiration of the established period for approval of such project decides to create a conciliation commission. The maximum period of work of the conciliation commission cannot exceed three months.

10. Based on the results of the work, the conciliation commission submits to the head of the local administration of the municipal district:

1) a document on approval of the draft territorial planning scheme of the municipal district and the draft territorial planning scheme of the municipal district prepared for its approval with amendments made to it;

2) materials in text form and in the form of maps (diagrams) on uncoordinated issues.

1) proposals to exclude from the draft territorial planning scheme of the municipal district materials on uncoordinated issues (including by displaying them on the appropriate map (diagram) in order to record uncoordinated issues until they are agreed upon);

2) a plan for coordinating the issues specified in paragraph 1 of this part after approval of the territorial planning scheme of the municipal district by preparing proposals to introduce appropriate changes to such a scheme.

12. Based on the documents and materials presented by the conciliation commission, the head of the local administration of the municipal district has the right to make a decision on sending the draft territorial planning scheme of the municipal district, agreed or not agreed in a certain part, to the representative body of local government of the municipal district or on rejecting the draft territorial planning scheme of the municipal district and about sending it for revision.

1. The implementation of the territorial planning scheme of a municipal district is carried out on the basis of the implementation plan for the territorial planning scheme of a municipal district, which is approved by the head of the local administration of the municipal district within three months from the date of approval of such a scheme.

2. The implementation plan for the territorial planning scheme of a municipal district contains:

1) a decision on the preparation of draft rules for land use and development of inter-settlement territories in the case of planning the development of such territories or on amendments to the rules of land use and development;

2) deadlines for preparing documentation on territory planning for the placement of capital construction projects of local importance and capital construction projects in inter-settlement territories, on the basis of which the boundaries of land plots for the placement of such objects are determined or clarified;

4) financial and economic justification for the implementation of the territorial planning scheme for the municipal district.

1. Preparation of master plans for settlements, master plans for urban districts (hereinafter also referred to as master plans) is carried out in relation to all territories of settlements and urban districts.

2. The preparation of a master plan of a settlement, a master plan of an urban district can be carried out in relation to individual settlements included in the settlement, urban district, with subsequent amendments to the master plan relating to other parts of the territories of the settlement, urban district. Preparation of a master plan and amendments to the master plan in terms of establishing or changing the boundaries of a settlement can also be carried out in relation to individual settlements that are part of a settlement or urban district.

3. Master plans include maps (diagrams) of the planned location of capital construction projects of local importance, including:

1) objects of electricity, heat, gas and water supply to the population within the boundaries of a settlement, urban district;

2) public roads, bridges and other transport engineering structures within the boundaries of settlements that are part of the settlement, within the boundaries of the urban district;

3) other objects, the placement of which is necessary for the exercise of powers of local government bodies of the settlement, local government bodies of the urban district.

4. Master plans contain provisions on territorial planning and corresponding maps (schemes).

5. Spatial planning provisions contained in master plans include:

1) goals and objectives of territorial planning;

2) a list of territorial planning activities and an indication of the sequence of their implementation.

6. The maps (diagrams) contained in the master plans display:

1) boundaries of a settlement, urban district;

2) the boundaries of settlements that are part of the settlement, urban district;
(as amended by Federal Law dated December 18, 2006 N 232-FZ)

3) boundaries of agricultural lands, boundaries of lands for supporting space activities, boundaries of defense and security lands, boundaries of lands for other special purposes, boundaries of forest fund lands, boundaries of water fund lands, boundaries of lands of specially protected natural areas of federal and regional significance;

4) existing and planned boundaries of industrial, energy, transport, communications lands;

5) boundaries of functional zones showing the parameters of the planned development of such zones;

6) boundaries of territories of cultural heritage sites;

7) boundaries of zones with special conditions for the use of territories;

8) the boundaries of land plots that are provided for the placement of capital construction projects of federal, regional or local significance or on which capital construction projects are located in state or municipal ownership, as well as the boundaries of the zones of the planned placement of capital construction projects of federal, regional or local significance;

9) boundaries of territories exposed to the risk of emergencies of a natural and man-made nature and the impact of their consequences;

10) boundaries of engineering and transport infrastructure zones.

7. In order to approve master plans, relevant materials are prepared to justify their projects in text form and in the form of maps (diagrams).

8. Materials for substantiating draft master plans in text form include:

1) analysis of the state of the relevant territory, problems and directions of its comprehensive development;

2) justification of options for solving territorial planning problems;

3) list of measures for territorial planning;

4) justification of proposals for territorial planning, stages of their implementation;

5) a list of the main risk factors for emergencies of a natural and man-made nature.

9. On maps (diagrams) as part of materials for substantiating draft master plans the following are displayed:

1) information about the state of the relevant territory, possible directions for its development and restrictions on its use;

2) proposals for territorial planning.

10. The information specified in paragraph 1 of part 9 of this article is displayed on the following maps (diagrams):

1) maps (diagrams) of the use of the territory of the municipality showing the boundaries of lands of various categories, other information about the use of the relevant territory;

2) maps (schemes) of restrictions approved as part of territorial planning schemes of the Russian Federation, territorial planning schemes of constituent entities of the Russian Federation, territorial planning schemes of municipal districts (in the case of preparation of master plans for settlements), including maps (schemes) of the boundaries of territories of cultural heritage sites , maps (diagrams) of the boundaries of zones with special conditions for the use of territories, maps (diagrams) of the boundaries of territories exposed to the risk of emergencies of a natural and man-made nature, maps (diagrams) of the boundaries of zones of the negative impact of capital construction projects of local importance in the case of the location of such objects;

3) maps (diagrams) displaying the results of the analysis of the integrated development of the territory and the placement of capital construction projects of local importance, including taking into account the results of engineering surveys;

4) other maps (schemes).

11. The proposals specified in paragraph 2 of part 9 of this article are displayed on maps (diagrams), which are used to make changes to them when approving draft master plans and include:

1) maps (diagrams) of the planned boundaries of functional zones showing the parameters of the planned development of such zones;

2) maps (diagrams) showing the zones of the planned location of capital construction projects of local importance;

3) maps (diagrams) of the planned boundaries of territories, planning documentation for which is subject to development as a matter of priority;

4) maps (diagrams) of existing and planned boundaries of industrial, energy, transport, communications lands;

5) other maps (schemes).

1. The master plan of a settlement, the master plan of a city district, including amendments to such plans, are approved accordingly by the representative body of local self-government of the settlement, the representative body of local self-government of the city district.

2. The decision to prepare a draft master plan, as well as decisions to prepare proposals to amend the master plan, are taken respectively by the head of the local administration of the settlement, the head of the local administration of the city district.

3. Preparation of the draft master plan is carried out on the basis of the results of engineering surveys in accordance with the requirements of technical regulations, taking into account comprehensive development programs of municipalities, provisions on territorial planning contained in the territorial planning schemes of the Russian Federation, territorial planning schemes of the constituent entities of the Russian Federation, territorial planning schemes municipal districts (when preparing a master plan for a settlement), regional and (or) local standards for urban planning, the results of public hearings on the draft master plan, as well as taking into account proposals from interested parties.

4. Regional and local standards for urban planning contain minimum calculated indicators for ensuring favorable conditions for human life (including social and municipal facilities, accessibility of such facilities for the population (including people with disabilities), engineering infrastructure facilities, landscaping).

5. The approval of regional standards for urban planning is carried out taking into account the characteristics of settlements and urban districts within the boundaries of a constituent entity of the Russian Federation. The composition, procedure for preparation and approval of regional standards for urban planning are established by the legislation of the constituent entities of the Russian Federation.

6. The approval of local standards for urban planning is carried out taking into account the characteristics of settlements within the boundaries of municipalities and intersettlement territories. The composition, procedure for preparation and approval of local standards for urban planning are established by regulatory legal acts of local government bodies. It is not allowed to approve local standards for urban planning that contain minimum calculated indicators for ensuring favorable conditions for human life that are lower than the calculated indicators for ensuring favorable conditions for human life contained in regional standards for urban planning.

7. If there are cultural heritage sites on the territory of a settlement or urban district, in the process of preparing master plans, restrictions on the use of land plots and capital construction projects located within the boundaries of cultural heritage protection zones must be taken into account in accordance with the legislation of the Russian Federation on the protection of cultural heritage sites heritage and Article 27 of this Code.

8. Before its approval, the draft master plan is subject, in accordance with Article 25 of this Code, to mandatory approval in the manner established by the federal executive body authorized by the Government of the Russian Federation.
(as amended by Federal Law No. 160-FZ of July 23, 2008)

9. The draft master plan is subject to publication in the manner established for the official publication of municipal legal acts, other official information, no less than three months before its approval and is posted on the official website of the settlement (if there is an official website of the settlement), the official website of the city district ( if there is an official website of the city district) on the Internet. The draft regulations on territorial planning provided for in Part 5 of Article 23 of this Code, and draft maps (diagrams) or several maps (diagrams) that display the information provided for in Part 6 of Article 23 of this Code are subject to publication and placement.
(as amended by Federal Law dated December 31, 2005 N 210-FZ)

10. Interested parties have the right to submit their proposals on the draft master plan.

11. The draft master plan is subject to mandatory consideration at public hearings held in accordance with Article 28 of this Code.

12. Minutes of public hearings on the draft master plan, the conclusion on the results of such public hearings are a mandatory appendix to the draft master plan, sent by the head of the local administration of the settlement, the head of the local administration of the urban district, respectively, to the representative body of local government of the settlement, the representative body of local government of the urban district.

13. The representative body of local self-government of the settlement, the representative body of local self-government of the urban district, taking into account the protocols of public hearings on the draft master plan and the conclusion on the results of such public hearings, make a decision to approve the master plan or to reject the draft master plan and send it, respectively, to the head of the local administration settlement, the head of the local administration of the city district for revision in accordance with the specified protocols and conclusion.

14. The master plan is subject to publication in the manner established for the official publication of municipal legal acts, other official information, and is posted on the official website of the settlement (if there is an official website of the settlement), the official website of the city district (if there is an official website of the city district) on the network " Internet". The provisions provided for in Part 5 of Article 23 of this Code and a map (diagram) or several maps (diagrams) that display the information provided for in Part 6 of Article 23 of this Code are subject to publication and placement. The master plan, within three days from the date of its approval, is sent to the highest executive body of state power of the constituent entity of the Russian Federation within the boundaries of which the settlement or urban district is located, and to the head of the municipal district within the boundaries of which the settlement is located (if the master plan of the settlement is approved).
(as amended by Federal Law dated December 31, 2005 N 210-FZ)

15. Rights holders of land plots and capital construction projects, if their rights and legitimate interests are violated or may be violated as a result of the approval of the master plan, have the right to challenge the master plan in court.

16. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies, interested individuals and legal entities have the right to contact the head of the local administration of the settlement, the head of the local administration of the city district with proposals to make changes to the master plan.

17. Amendments to the master plan are carried out in accordance with parts 2 - 14 of this article.

18. Amendments to the master plan providing for changes in the boundaries of settlements in order to housing construction or determination of recreational zones is carried out without holding public hearings.
(Part eighteen introduced by Federal Law dated December 18, 2006 N 232-FZ)

1. The draft master plan is subject to approval in the manner established by the federal executive body authorized by the Government of the Russian Federation, if the proposals contained in such a project involve changing the existing or, in accordance with the territorial planning schemes of the Russian Federation, the planned boundaries of forest fund lands, boundaries lands of specially protected natural territories of federal significance, boundaries of defense and security lands, boundaries of land plots owned by the Russian Federation, boundaries of territories of cultural heritage sites, boundaries of zones of planned placement of capital construction projects of federal significance. Issues regarding the placement of capital construction projects of local importance that may have a negative impact on the environment on the specified lands, territories and land plots are also subject to approval.
(as amended by Federal Law No. 160-FZ of July 23, 2008)

2. The draft master plan is subject to approval by the highest executive body of state power of the subject of the Russian Federation, within the boundaries of which the settlement or urban district is located, if the proposals contained in the said project involve changes to existing ones or in accordance with the territorial planning scheme of the subject of the Russian Federation planned boundaries of agricultural lands, boundaries of lands of specially protected natural areas of regional significance, boundaries of land plots owned by a constituent entity of the Russian Federation, boundaries of territories of cultural heritage sites, boundaries of zones of planned placement of capital construction projects of regional significance. Issues regarding the placement of capital construction projects of local importance that may have a negative impact on the environment on the territory of a constituent entity of the Russian Federation are also subject to approval.

3. The draft master plan is subject to agreement with the interested local government bodies of municipalities that have a common border with the settlement, urban district, which prepared the draft master plan, in order to respect the interests of the population of municipalities when establishing zones with special conditions for the use of territories, zones of planned placement of capital facilities construction of local importance, which may have a negative impact on the environment in the territories of such municipalities.

4. The draft master plan of the settlement is subject to agreement with the local government bodies of the municipal district within the boundaries of which the settlement is located, in terms of taking into account the provisions on territorial planning contained in the territorial planning scheme of the municipal district. Issues regarding the placement of capital construction projects of local importance that may have a negative impact on the environment in the territory of such a municipal area are also subject to approval.

5. Issues other than those specified in parts 1 - 4 of this article cannot be considered when approving the draft master plan.

6. The authorized federal executive body, in cases established by the Government of the Russian Federation, sends the draft master plan submitted for approval for state examination, carried out in the manner prescribed by Article 29 of this Code.

7. The period for approval of the draft master plan is three months from the date the head of the settlement or the head of the urban district sends the draft master plan for approval to the authorized federal executive body, the highest executive body of state power of the subject of the Russian Federation within the boundaries of which the settlement or urban district is located, bodies local self-government of municipalities that have a common border with the settlement, urban district, as well as to the local government of the municipal district within the boundaries of which the settlement is located (in the case of preparing a draft master plan for the settlement).

8. If the head of the settlement, the head of the urban district fails to receive, within the prescribed period, conclusions on the draft master plan from the bodies specified in part 7 of this article this project shall be deemed to have been agreed upon by such authorities.

9. Conclusions on a draft master plan may contain provisions on agreement with such a project or disagreement with such a project with justification of the reasons for such a decision. In case of receipt from one or more bodies specified in part 7 of this article containing provisions on disagreement with the draft master plan with justification for the decision, the head of the local administration of the settlement, the head of the local administration of the city district within thirty days from the date of expiration of the established period for approval of the project master plan decide to create a conciliation commission. The maximum period of work of the conciliation commission cannot exceed three months.

10. Based on the results of the work, the conciliation commission submits to the head of the local administration of the settlement, the head of the local administration of the urban district:

1) a document on approval of the draft master plan and the draft master plan prepared for approval with amendments made to it;

2) materials in text form and in the form of maps (diagrams) on uncoordinated issues.

11. The documents and materials specified in Part 10 of this article may contain:

1) proposals to exclude from the draft master plan materials on uncoordinated issues (including by displaying them on the appropriate map (diagram) in order to record uncoordinated issues until they are agreed upon);

2) a plan for coordinating the issues specified in paragraph 1 of this part after approval of the master plan by preparing proposals to introduce appropriate changes to such a master plan.

12. Based on the documents and materials presented by the conciliation commission, the head of the local administration of the settlement, the head of the local administration of the urban district has the right to make a decision on sending the master plan, agreed or not agreed upon in a certain part, to the representative body of local self-government of the settlement, the representative body of local self-government of the urban district or about rejecting such a project and sending it for revision.

1. The implementation of the master plan of the settlement is carried out on the basis of the plan for the implementation of the master plan of the settlement, which is approved by the head of the local administration of the settlement, the implementation of the master plan of the city district - on the basis of the plan for the implementation of the master plan of the city district, which is approved by the head of the local administration of the city district, within three months from the day of approval of the relevant master plan.

2. The master plan implementation plan contains:

1) a decision on the preparation of draft land use and development rules or on amendments to the land use and development rules;

2) the timing of preparation of documentation on the planning of the territory for the placement of capital construction projects of local importance, on the basis of which the boundaries of land plots for the placement of such facilities are determined or clarified;

3) timing of preparation of design documentation and timing of construction of capital construction projects of local importance;

4) financial and economic justification for the implementation of the master plan.

1. Joint preparation of draft territorial planning documents can be carried out in order to ensure sustainable development of territories by comprehensively resolving issues of territorial planning, for the purpose of planning the placement of capital construction projects of federal, regional or local significance in the territories of several constituent entities of the Russian Federation, several municipalities or planning the placement of facilities capital construction of regional or local significance in the territories of other constituent entities of the Russian Federation or other municipalities, in order to establish restrictions on the use of land plots and capital construction projects located within the protection zones of cultural heritage sites of federal or regional significance.

2. Joint preparation of draft territorial planning documents can be carried out:

1) federal executive authorities and executive authorities of the constituent entities of the Russian Federation;

2) executive authorities of the constituent entities of the Russian Federation;

3) executive authorities of the constituent entities of the Russian Federation and local government bodies;

4) local government bodies of municipalities.

3. The following may take the initiative to jointly prepare draft territorial planning documents:

1) federal executive authorities;

2) the highest executive bodies of state power of the constituent entities of the Russian Federation;

3) local government bodies.

4. Proposals for the joint preparation of draft territorial planning documents must contain provisions on the organization of coordinated work related to the preparation of draft territorial planning documents in terms of their content, volume and timing of financing.

5. For the purpose of joint preparation of draft territorial planning documents in accordance with Part 2 of this article, federal executive bodies, supreme executive bodies of state power of the constituent entities of the Russian Federation, local government bodies that have received the proposals specified in Part 4 of this article, within thirty days from the date their receipts must send a response regarding consent to the joint preparation of draft territorial planning documents or refusal to jointly prepare draft territorial planning documents.

6. Refusal to jointly prepare territorial planning documents is not permitted if the highest executive body of state power of a constituent entity of the Russian Federation or a local government body receives a proposal to plan the location of a capital construction project of regional significance or a capital construction project of local significance on the territory of another constituent entity of the Russian Federation or territory another municipal entity, as well as proposals to establish restrictions on the use of territories within the boundaries of protection zones for cultural heritage sites of federal or regional significance.

7. If a response is received about giving consent to the joint preparation of draft territorial planning documents, on the basis of a joint decision of the parties, a commission is created for the joint preparation of draft territorial planning documents (hereinafter referred to as the commission for joint preparation of projects).

8. The commission for joint preparation of projects is created on the basis of equal representation of the parties.

9. The commission for joint preparation of projects ensures that the interests of the bodies specified in part 5 of this article are observed and the coordination of their activities in the preparation of draft territorial planning documents.

10. Joint preparation of draft territorial planning documents should be carried out taking into account the requirements provided for in articles , , and of this Code.

11. If, during the joint preparation of a draft territorial planning document, proposals for the placement of capital construction facilities of regional or local importance on the territory of another subject of the Russian Federation or the territory of another municipal entity are not agreed upon, the issue of placement of such facilities is resolved in court.

12. The territorial planning document, the joint preparation of which was carried out in accordance with this article, is approved by a state authority or local government body in accordance with the competence established by articles , , and this Code.

13. The procedure for the joint preparation of draft territorial planning documents, the composition, procedure for the creation and activities of the commission for the joint preparation of projects may be established by the Government of the Russian Federation.

1. In order to respect the human right to favorable living conditions, the rights and legitimate interests of legal holders of land plots and capital construction projects, public hearings on draft master plans, including amendments to them (hereinafter referred to as public hearings), with the participation of residents of settlements, urban districts are carried out without fail.

2. The procedure for organizing and conducting public hearings is determined by the charter of the municipal formation and (or) regulatory legal acts of the representative body of the municipal formation, taking into account the provisions of this article.

3. Public hearings are held in each locality of the municipality. When making changes to master plans, public hearings are held in settlements in respect of the territories of which changes to the master plans are proposed, as well as in settlements that have a common border with these settlements.

4. When holding public hearings, in order to provide all interested parties with equal opportunities to participate in public hearings, the territory of a populated area may be divided into parts. The maximum number of persons living or registered in such a part of the territory is established by the laws of the constituent entities of the Russian Federation based on the requirement to provide all interested persons with equal opportunities to express their opinions.

5. In order to convey information to the population about the content of the draft master plan, the local government body of the settlement or the local government body of the urban district authorized to conduct public hearings must organize exhibitions, expositions of demonstration materials of the draft master plan, speeches by representatives of local government bodies, developers of the draft master plan plan at residents’ meetings, in printed media mass media, on radio and television.

6. Participants in public hearings have the right to submit to the local government body of a settlement or the local government body of a city district authorized to conduct public hearings their proposals and comments regarding the draft master plan for inclusion in the protocol of public hearings.

7. The conclusion on the results of public hearings is subject to publication in the manner established for the official publication of municipal legal acts, other official information, and is posted on the official website of the settlement (if there is an official website of the settlement), the official website of the city district (if there is an official website of the city district) on the Internet.
(as amended by Federal Law dated December 31, 2005 N 210-FZ)

8. The period for holding public hearings from the moment of notification of residents of the municipality about the time and place of their holding until the day of publication of the conclusion on the results of public hearings is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality and cannot be less than one month or more three months.

9. The head of the local administration, taking into account the conclusion on the results of public hearings, makes a decision:
(as amended by Federal Law dated December 25, 2008 N 281-FZ)

1) on agreement with the draft master plan and sending it to the representative body of the municipality;

2) to reject the draft master plan and to send it for revision.

1. Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local self-government bodies, and citizen associations on their own initiative may submit draft territorial planning documents for state examination. The costs associated with the state examination of the draft territorial planning document are borne by the persons on whose initiative the draft territorial planning document is sent for state examination.

2. State examination of draft territorial planning documents of the Russian Federation is carried out by the federal executive body authorized to conduct state examination of draft territorial planning documents, or by a state (budgetary or autonomous) institution subordinate to it. State examination of draft territorial planning documents, with the exception of draft territorial planning documents of the Russian Federation, is carried out by the executive body of the constituent entity of the Russian Federation authorized to conduct state examination of draft territorial planning documents, or by a state (budgetary or autonomous) institution subordinate to it.
(as amended by Federal Laws dated December 31, 2005 N 199-FZ, dated July 24, 2007 N 215-FZ)

3. In the case established by part 6 of Article 25 of this Code, the state examination is carried out without charging a fee.

4. The period for conducting state examination of draft territorial planning documents should not exceed six months.

5. The result of the state examination of the draft territorial planning document is a conclusion on the compliance of this project with the requirements of technical regulations and requirements rational organization territory (positive conclusion) or about the non-compliance of the draft territorial planning document with the requirements of technical regulations and the requirements of rational organization of the territory (negative conclusion).

6. Submitting a draft territorial planning document for state examination or receiving a negative conclusion from the state examination of a draft territorial planning document is not an obstacle to the approval of the territorial planning document.

7. The conclusion of the state examination of the draft territorial planning document may be challenged by interested parties in court.

8. The procedure for conducting state examination of draft territorial planning documents, the amount of fees for conducting state examination of draft territorial planning documents and the procedure for collecting it are established by the Government of the Russian Federation.

1. The draft territorial planning scheme for a municipal district is subject to approval by the federal executive body authorized by the Government of the Russian Federation in the manner established by this body in the following cases:

1) in accordance with the territorial planning documents of the Russian Federation, it is planned to locate federal facilities in intersettlement areas;

2) in accordance with the specified project, it is envisaged to include within the boundaries of settlements (including newly formed settlements) located in intersettlement territories, land plots from forest fund lands;

3) on the territory of the municipal district there are specially protected natural areas of federal significance;

4) provision is made for the placement in accordance with the specified project of objects of local importance of the municipal district, which may have a negative impact on water bodies, which are in federal ownership.
(Part 1 as amended by Federal Law dated March 20, 2011 N 41-FZ)

2. The draft territorial planning scheme for a municipal district is subject to approval by the highest executive body of state power of the constituent entity of the Russian Federation within whose borders the municipal district is located, in the following cases:

1) in accordance with the territorial planning documents of a constituent entity of the Russian Federation, it is planned to locate objects of regional significance in intersettlement areas;

2) in accordance with the specified project, it is envisaged to include within the boundaries of settlements (including newly formed settlements) located in intersettlement territories, land plots from agricultural lands or to exclude from the boundaries of such settlements land plots that are planned to be classified as agricultural lands appointments;

3) on the territory of the municipal district there are specially protected natural areas of regional significance.
(Part 2 as amended by Federal Law dated March 20, 2011 N 41-FZ)

2.1. In the cases provided for in paragraph 1 of part 1, paragraph 1 of part 2 of this article, the draft territorial planning scheme of a municipal district is subject to approval in terms of determining the functional zones in which it is planned to locate objects of federal significance, objects of regional significance, and (or) the location of linear objects of federal values, linear objects of regional significance. In the cases provided for in paragraph 3 of part 1, paragraph 3 of part 2 of this article, the draft territorial planning scheme of the municipal district is subject to approval in terms of the possible negative impact of the objects of local significance of the municipal district planned for placement on specially protected natural territories of federal significance, specially protected natural territories of regional meanings.
(Part 2.1 introduced by Federal Law dated March 20, 2011 N 41-FZ)

Advertisement in the territories of such settlements.
(Part 3 as amended by Federal Law dated March 20, 2011 N 41-FZ)

4. The draft territorial planning scheme for a municipal district is subject to agreement with interested local government bodies of municipal districts and local government bodies of urban districts that have a common border with the municipal district, in order to respect the interests of the population of municipalities when establishing zones on their territories with special conditions for the use of territories in connection with the planned placement of objects of local significance of the municipal district, when placing objects of local significance of the municipal district, which may have a negative impact on the environment in the territories of these municipalities.

5. Issues other than those specified in parts 1 - 4 of this article cannot be considered when agreeing on a draft territorial planning scheme for a municipal district.

6. The period for approval of a draft territorial planning scheme for a municipal district cannot exceed three months from the date of receipt of the notification to provide access to the specified project and materials on its justification in information system territorial planning to the authorized federal executive body, the highest executive body of state power of the subject of the Russian Federation, within the boundaries of which the municipal district is located, local government bodies of settlements that are part of the municipal district, local government bodies of municipal districts and local government bodies of urban districts having a common border with the municipal area.
(as amended by Federal Law dated March 20, 2011 N 41-FZ)

7. In the event that the local government body of the municipal district does not receive conclusions on the draft territorial planning scheme of the municipal district from the bodies specified in part 6 of this article within the prescribed period, such a project is considered agreed upon with the specified bodies.

8. Conclusions on the draft territorial planning scheme of a municipal district may contain provisions on agreement with the draft territorial planning scheme of the municipal district or disagreement with such a project with justification for the decisions made.

9. In case of receipt from one or more bodies specified in part 6 of this article containing provisions on disagreement with the draft territorial planning scheme of the municipal district with justification for the decisions taken, the head of the local administration of the municipal district within thirty days from the date of expiration of the established period for approval of such project decides to create a conciliation commission. The maximum period of work of the conciliation commission cannot exceed three months.

10. Based on the results of the work, the conciliation commission submits to the head of the local administration of the municipal district:

1) a document on approval of the draft territorial planning scheme of the municipal district and the draft territorial planning scheme of the municipal district prepared for its approval with amendments made to it;

2) materials in text form and in the form of maps on uncoordinated issues.
(as amended by Federal Law dated March 20, 2011 N 41-FZ)

11. The documents and materials specified in Part 10 of this article may contain:

1) proposals to exclude from the draft territorial planning scheme of the municipal district materials on uncoordinated issues (including by displaying them on the appropriate map in order to record uncoordinated issues until they are agreed upon);
(as amended by Federal Law dated March 20, 2011 N 41-FZ)

2) a plan for coordinating the issues specified in paragraph 1 of this part after approval of the territorial planning scheme of the municipal district by preparing proposals to introduce appropriate changes to such a scheme.

12. Based on the documents and materials presented by the conciliation commission, the head of the local administration of the municipal district has the right to make a decision on sending the draft territorial planning scheme of the municipal district, agreed or not agreed in a certain part, to the representative body of local government of the municipal district or on rejecting the draft territorial planning scheme of the municipal district and about sending it for revision.

TERRITORIAL PLANNING

PASHOVA Margarita Sergeevna,

Professor of the Moscow State Law Academy named after. O.E. Kutafina (MSAL);

PASHOV Dmitry Borisovich,

master in International business, lawyer, lawyer of the APMO. Email: [email protected]

Brief abstract: the article talks about territorial planning. The article talks about the territory planning.

Key words: territorial planning; Earth; urban planner

Territory planning; land; town-planning activity.

Planning of territorial development of the Russian Federation is one of current problems. Meanwhile, the legislation does not provide for a unified comprehensive system of territorial development planning, covering the federal, regional and municipal levels. This problem, rightly noted by G.L. Zemlyakov, is largely due to the fact that the Town Planning Code of the Russian Federation laid down a sectoral approach to territorial planning, which allows state authorities and local governments to adopt territorial planning documents that are aimed at solving individual short-term economic problems to the detriment of the objectives of comprehensive sustainable development of territories1.

The Concept of long-term socio-economic development of the Russian Federation for the period until 2020 contains standards for the balanced territorial development of the Russian Federation, in particular, the parameters of spatial development are formulated Russian economy, goals and objectives of territorial development2. However, the Concept is not an act of direct action.

2 Order of the Government of the Russian Federation of November 17, 2008 No. 662-r (as amended on August 8, 2009). On the Concept of long-term socio-economic development of the Russian Federation for the period until 2020 (together with the “Concept of long-term socio-economic development of the Russian Federation for the period until 2020”) // SZ RF. 2008. No. 47. Art. 5489.

Today, these relations are regulated by a number of regulatory legal acts at various levels. Yes, Art. 1 of the Town Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ (as amended on March 4, 2013)3 (hereinafter referred to as the Civil Code of the Russian Federation) gives the concept of territorial planning, which is planning for the development of territories, including for establishing functional zones4, determination of the planned location of objects of federal significance, objects of regional significance, objects of local significance. The territory as an object of territorial planning can be considered, for example, as the territory where a property is located5. Therefore, the purpose of territorial planning is based on the coordination of the use of existing real estate with the creation (construction) of new real estate objects.

IN new edition The Civil Code of the Russian Federation removed from the definition of the concept of “territorial planning” zones with special conditions for the use of territories, i.e. security, sanitary protection zones, zones for the protection of cultural heritage sites, water protection zones, zones for sanitary protection of sources of drinking and domestic water supply, zones of protected objects, etc. The boundaries of such zones are now

3 SZ RF. 2005. No. 1 (part 1). Art. 16.

4 Zones for which territorial planning documents define boundaries and functional purposes.

5 Commentary on the Town Planning Code of the Russian Federation (item-by-item) / S.A. Bogolyubov, E.A. Galinovskaya, N.A. Ignatyuk et al.; edited by S.A. Bogolyubova. 3rd ed., revised. and additional M.: Prospekt, 2009. 464 p.

according to the Civil Code of the Russian Federation, they are not displayed in territorial planning documents1.

Territorial planning documents for municipalities are territorial planning schemes2 for municipal districts, master plans for settlements and urban districts. The documents of territorial planning of the Russian Federation are territorial planning schemes of the Russian Federation, which may include maps (schemes) of the planned location of capital construction projects of federal significance, including: urban zoning, territory planning project. The territorial planning documents of the constituent entities of the Russian Federation are the territorial planning schemes of the constituent entities of the Russian Federation.

According to Art. 2 of the Civil Code of the Russian Federation, one of the main principles of the legislation on urban planning activities is the implementation of construction on the basis of territorial planning documents. So, territorial planning schemes contain provisions on territorial planning, maps of the planned location of objects, boundaries of settlements, functional zones, display the boundaries of land plots provided for the placement of capital construction projects, objects owned by the Russian Federation, a subject of the Russian Federation or a municipality, or the boundaries of zones of the planned placement of the specified objects provided for in Art. 10, 14, 19 of the Civil Code of the Russian Federation, including the creation of artificial land plots.3 In accordance with Art. 9 Civil Code of the Russian Federation in documents

1 Zemlyakova G.L. Some problems of legal regulation of territorial planning // SPS “Consultant-plus”. 2011.

2 Decree of the Government of the Russian Federation of March 24, 2007 No. 178 (as amended on February 22, 2012) “On approval of the Regulations on the approval of draft territorial planning schemes for constituent entities of the Russian Federation and draft territorial planning documents of municipalities”; Decree of the Government of the Russian Federation of November 13, 2006 No. 680 (as amended on February 6, 2012) “On the composition of territorial planning schemes of the Russian Federation”; Decree of the Government of the Russian Federation of March 23, 2008 No. 198 (as amended on September 26, 2012) “On the procedure for preparing and approving the draft territorial planning scheme of the Russian Federation”, etc.

development of territorial planning and legal documents

land use and development in terms of development of the

territorial planning determines the purpose of territories based on a set of social, economic, environmental and other factors in order to ensure sustainable development of territories, development of engineering, transport and social infrastructure, ensuring that the interests of citizens and their associations, the Russian Federation, constituent entities of the Russian Federation, and municipalities are taken into account. Maps of territorial planning documents should display only objects of the appropriate level planned for placement.

Substantial part specified information must be reproduced in master plan cities based on information contained in territorial planning documents of all levels. The territorial planning system is based on the principle of functional division of the territory. Functional zones, by definition, are zones for which boundaries and functional purposes are defined by territorial planning documents.4

According to town planning and land legislation, “territorial zones” include zones for which the boundaries are defined in the land use and development rules and town planning regulations are established. Characteristics of the types and composition of territorial zones are enshrined in Art. 85 of the Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (as amended on March 4, 2013)5 and Art. 35 Civil Code of the Russian Federation.

The effect of territorial planning schemes is not limited to populated areas and can cover the territory of the entire Russian Federation, a constituent entity of the Russian Federation or a municipal entity.

In accordance with the Decree of the President of the Russian Federation dated May 12, 2008 No. 724 “Issues of the system and structure federal bodies executive power" Ministry of Regional Development

tions on territorial planning". Rationing in construction and housing and communal services. 2011. No. 5; Melnikov N.N. Territorial planning and urban planning zoning of artificial land plots // Ross. justice. 2011. No. 8. P. 9-13.

4 Andrianov N.A. Territorial planning as a basis for regulating urban development // Legal issues construction. 2005. No. 2.

5 SZ RF. 2001. No. 44. Art. 4147.

Development of the Russian Federation (Ministry of Regional Development of Russia) approves the procedure for approving territorial planning documents of municipalities, the procedure for development, approval, examination and approval of urban planning documentation, the procedure for making changes to project documentation. This ministry carries out state control over compliance by government bodies of the constituent entities of the Russian Federation with the legislation of the Russian Federation on urban planning activities.

The Government Commission on Territorial Planning in the Russian Federation was formed, which is a coordinating body to ensure coordinated actions of interested federal executive authorities, supreme executive authorities of the constituent entities of the Russian Federation and local governments in the preparation and implementation of territorial planning documents of the Russian Federation for the purpose of sustainable development territory of the Russian Federation.

According to paragraph 4 of Art. 9 of the Civil Code of the Russian Federation of the Federal Law of March 20, 2011 No. 41-FZ “On amendments to the Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation regarding issues of territorial planning”3 it is not allowed for public authorities, local government bodies to make decisions on the reservation of lands, on the seizure, including through redemption, of land plots for state or municipal needs, on the transfer of land from one category to another in the absence of territorial planning documents, with the exception of cases provided for by the federal

1 Decree of the Government of the Russian Federation of July 28, 2011 No. 629 (as amended on September 26, 2012) “On the Government Commission for Territorial Planning in the Russian Federation”

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PASHOV DMITRY BORISOVICH, PASHOVA MARGARITA SERGEEVNA - 2010

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