Town-planning code of the Russian Federation. Codes of the Russian Federation

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

An organization (IP) disputes being held liable for violation (including repeated) of urban planning norms during construction work (reconstruction, overhaul, etc.) under an agreement concluded at an auction

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

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

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

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

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

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

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

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

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

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

(see text in previous edition)

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

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

4) signing the following documents:

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

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

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

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

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

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

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

(see text in previous edition)

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

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

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

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

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

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

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

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

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

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

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

1) based on the application of such an individual;

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

Documentation


URBAN PLANNING CODE OF THE RUSSIAN FEDERATION

Document as amended by:

  • Federal Law No. 117-FZ of July 22, 2005 (Rossiyskaya Gazeta, No. 162, July 27, 2005) (entered into force on January 1, 2006);
  • Federal Law No. 199-FZ of December 31, 2005 (Rossiyskaya Gazeta, No. 297, December 31, 2005) (entered into force on January 1, 2006);
  • Federal Law No. 210-FZ of December 31, 2005 (Rossiyskaya Gazeta, No. 297, December 31, 2005) (entered into force on January 1, 2006);
  • Federal Law No. 73-FZ of June 3, 2006 (Rossiyskaya Gazeta, No. 121, June 8, 2006) (for the procedure for entry into force, see Article 21 of Federal Law No. 73-FZ of June 3, 2006);
  • Federal Law No. 143-FZ of July 27, 2006 (Rossiyskaya Gazeta, No. 165, July 29, 2006);
  • Federal Law No. 201-FZ of December 4, 2006 (Rossiyskaya Gazeta, No. 277, December 8, 2006) (for the procedure for entry into force, see Article 40 of Federal Law No. 201-FZ of December 4, 2006);
  • Federal Law No. 232-FZ of December 18, 2006 (Parliamentskaya Gazeta, No. 214-215, December 21, 2006) (for the procedure for entry into force, see Article 38 of Federal Law No. 232-FZ of December 18, 2006);
  • Federal Law No. 258-FZ of December 29, 2006 (Rossiyskaya Gazeta, No. 297, December 31, 2006) (for the procedure for entry into force, see Article 29 of Federal Law No. 258-FZ of December 29, 2006);
  • Federal Law No. 69-FZ of May 10, 2007 (Rossiyskaya Gazeta, No. 104, May 18, 2007);
  • Federal Law No. 215-FZ of July 24, 2007 (Rossiyskaya Gazeta, No. 164, July 31, 2007);
  • Federal Law No. 240-FZ of October 30, 2007 (Rossiyskaya Gazeta, No. 248, November 7, 2007) (for the procedure for entry into force, see Article 9 of Federal Law No. 240-FZ of October 30, 2007);
  • Federal Law No. 257-FZ of November 8, 2007 (Rossiyskaya Gazeta, No. 254, November 14, 2007) (for the procedure for entry into force, see Article 63 of Federal Law No. 257-FZ of November 8, 2007);
  • Federal Law No. 324-FZ of December 4, 2007 (Rossiyskaya Gazeta, No. 276, December 8, 2007) (for the procedure for entry into force, see Article 8 of Federal Law No. 324-FZ of December 4, 2007);
  • Federal Law No. 66-FZ of May 13, 2008 (Rossiyskaya Gazeta, No. 105, May 17, 2008) (for the procedure for entry into force, see Article 22 of Federal Law No. 66-FZ of May 13, 2008);
  • Federal Law No. 75-FZ of May 16, 2008 (Rossiyskaya Gazeta, No. 106, May 20, 2008);
  • Federal Law No. 118-FZ of July 14, 2008 (Rossiyskaya Gazeta, No. 153, July 18, 2008) (for the procedure for entry into force, see Article 33 of Federal Law No. 118-FZ of July 14, 2008);
  • Federal Law No. 148-FZ of July 22, 2008 (Rossiyskaya Gazeta, No. 158, July 25, 2008) (for the procedure for entry into force, see Article 8 of Federal Law No. 148-FZ of July 22, 2008);
  • Federal Law No. 160-FZ of July 23, 2008 (Rossiyskaya Gazeta, No. 158, July 25, 2008) (entered into force on January 1, 2009);
  • Federal Law No. 281-FZ of December 25, 2008 (Rossiyskaya Gazeta, No. 266, December 30, 2008) (for the procedure for entry into force, see Article 31 of Federal Law No. 281-FZ of December 25, 2008);
  • Federal Law No. 309-FZ of December 30, 2008 (Rossiyskaya Gazeta, No. 267, December 31, 2008) (for the procedure for entry into force, see Article 49 of Federal Law No. 309-FZ of December 30, 2008);
  • Federal Law No. 164-FZ of July 17, 2009 (Rossiyskaya Gazeta, No. 134, July 23, 2009) (for the procedure for entry into force, see Article 11 of Federal Law No. 164-FZ of July 17, 2009);
  • Federal Law No. 261-FZ of November 23, 2009 (Rossiyskaya Gazeta, No. 226, November 27, 2009) (for the procedure for entry into force, see Article 49 of Federal Law No. 261-FZ of November 23, 2009);
  • Federal Law No. 343-FZ of December 27, 2009 (Rossiyskaya Gazeta, No. 252, December 29, 2009);
  • Federal Law No. 226-FZ of July 27, 2010 (Rossiyskaya Gazeta, No. 169, August 2, 2010) (for the procedure for entry into force, see Article 7 of Federal Law No. 226-FZ of July 27, 2010);
  • Federal Law No. 240-FZ of July 27, 2010 (Rossiyskaya Gazeta, No. 169, August 2, 2010) (for the procedure for entry into force, see Article 9 of Federal Law No. 240-FZ of July 27, 2010);
  • Federal Law No. 305-FZ of November 22, 2010 (Rossiyskaya Gazeta, No. 268, November 26, 2010);
  • Federal Law No. 314-FZ of November 29, 2010 (Rossiyskaya Gazeta, No. 274, 03.12.2010);
  • Federal Law No. 41-FZ of March 20, 2011 (Rossiyskaya Gazeta, No. 63, March 25, 2011) (for the procedure for entry into force, see Article 12 of Federal Law No. 41-FZ of March 20, 2011);
  • Federal Law No. 69-FZ of April 21, 2011 (Rossiyskaya Gazeta, No. 88, April 25, 2011) (for the procedure for entry into force, see Article 10 of Federal Law No. 69-FZ of April 21, 2011);
  • Federal Law No. 169-FZ of July 1, 2011 (Rossiyskaya Gazeta, No. 142, July 4, 2011) (for the procedure for entry into force, see Article 74 of Federal Law No. 169-FZ of July 1, 2011);
  • Federal Law No. 190-FZ of July 11, 2011 (Rossiyskaya Gazeta, No. 153, July 15, 2011) (for the procedure for entry into force, see Article 42 of Federal Law No. 190-FZ of July 11, 2011);
  • Federal Law No. 200-FZ of July 11, 2011 (Rossiyskaya Gazeta, No. 153, July 15, 2011) (for the procedure for entry into force, see Article 56 of Federal Law No. 200-FZ of July 11, 2011);
  • Federal Law No. 215-FZ of July 18, 2011 (Rossiyskaya Gazeta, No. 159, July 22, 2011) (for the procedure for entry into force, see Article 11 of Federal Law No. 215-FZ of July 18, 2011);
  • Federal Law No. 224-FZ of July 18, 2011 (Rossiyskaya Gazeta, No. 159, July 22, 2011) (for the procedure for entry into force, see Article 6 of Federal Law No. 224-FZ of July 18, 2011);
  • Federal Law No. 242-FZ of July 18, 2011 (Rossiyskaya Gazeta, No. 160, July 25, 2011) (for the procedure for entry into force, see Article 71 of Federal Law No. 242-FZ of July 18, 2011);
  • Federal Law No. 243-FZ of July 18, 2011 (Rossiyskaya Gazeta, No. 159, July 22, 2011);
  • Federal Law No. 246-FZ of July 19, 2011 (Rossiyskaya Gazeta, No. 159, July 22, 2011);
  • Federal Law No. 257-FZ of July 21, 2011 (Rossiyskaya Gazeta, No. 161, July 26, 2011) (for the procedure for entry into force, see Article 8 of Federal Law No. 257-FZ of July 21, 2011);
  • Federal Law No. 337-FZ of November 28, 2011 (Official Internet portal of legal information www.pravo.gov.ru, November 29, 2011) FZ);
  • Federal Law No. 364-FZ of November 30, 2011 (Official Internet portal of legal information www.pravo.gov.ru, December 1, 2011);
  • Federal Law No. 401-FZ of December 6, 2011 (Official Internet Portal of Legal Information www.pravo.gov.ru, December 6, 2011) FZ);
  • Federal Law No. 93-FZ of June 25, 2012 (Official Internet portal of legal information www.pravo.gov.ru, June 25, 2012);
  • Federal Law No. 120-FZ of July 20, 2012 (Official Internet portal of legal information www.pravo.gov.ru, July 23, 2012);
  • Federal Law No. 133-FZ of July 28, 2012 (Official Internet portal of legal information www.pravo.gov.ru, July 30, 2012) FZ);
  • Federal Law No. 179-FZ of November 12, 2012 (Official Internet portal of legal information www.pravo.gov.ru, November 13, 2012);
  • Federal Law No. 289-FZ of December 30, 2012 (Official Internet Portal of Legal Information www.pravo.gov.ru, December 31, 2012) FZ);
  • Federal Law No. 294-FZ of December 30, 2012 (Official Internet Portal of Legal Information www.pravo.gov.ru, December 31, 2012) FZ);
  • Federal Law No. 318-FZ of December 30, 2012 (Official Internet portal of legal information www.pravo.gov.ru, December 31, 2012);
  • Federal Law No. 21-FZ of March 4, 2013 (Official Internet portal of legal information www.pravo.gov.ru, 03/04/2013);
  • Federal Law No. 22-FZ of March 4, 2013 (Official Internet Portal of Legal Information www.pravo.gov.ru, March 4, 2013) FZ);
  • Federal Law No. 43-FZ of April 5, 2013 (Official Internet portal of legal information www.pravo.gov.ru, April 8, 2013);
  • Federal Law No. 113-FZ of June 7, 2013 (Official Internet portal of legal information www.pravo.gov.ru, June 7, 2013) FZ);
  • Federal Law No. 185-FZ of July 2, 2013 (Official Internet portal of legal information www.pravo.gov.ru, July 8, 2013) FZ);
  • Federal Law No. 188-FZ of July 2, 2013 (Official Internet portal of legal information www.pravo.gov.ru, 07/03/2013);
  • Federal Law No. 207-FZ of July 23, 2013 (Official Internet portal of legal information www.pravo.gov.ru, July 23, 2013) FZ);
  • Federal Law No. 247-FZ of July 23, 2013 (Official Internet portal of legal information www.pravo.gov.ru, July 24, 2013);
  • Federal Law No. 282-FZ of October 21, 2013 (Official Internet portal of legal information www.pravo.gov.ru, October 21, 2013);
  • Federal Law No. 396-FZ of December 28, 2013 (Official Internet portal of legal information www.pravo.gov.ru, December 30, 2013) FZ);
  • Federal Law No. 418-FZ of December 28, 2013 (Official Internet portal of legal information www.pravo.gov.ru, December 30, 2013) FZ);
  • Federal Law No. 65-FZ of April 2, 2014 (Official Internet portal of legal information www.pravo.gov.ru, April 2, 2014);
  • Federal Law No. 80-FZ of April 20, 2014 (Official Internet portal of legal information www.pravo.gov.ru, April 21, 2014);
  • Federal Law No. 131-FZ of May 5, 2014 (Official Internet portal of legal information www.pravo.gov.ru, 05.05.2014);
  • Federal Law No. 180-FZ of June 28, 2014 (Official Internet portal of legal information www.pravo.gov.ru, June 30, 2014);
  • Federal Law No. 181-FZ of June 28, 2014 (Official Internet portal of legal information www.pravo.gov.ru, June 30, 2014);
  • Federal Law No. 217-FZ of July 21, 2014 (Official Internet portal of legal information www.pravo.gov.ru, July 22, 2014) FZ);
  • Federal Law No. 224-FZ of July 21, 2014 (Official Internet portal of legal information www.pravo.gov.ru, July 22, 2014) FZ);
  • Federal Law of October 22, 2014 N 320-FZ (Official Internet portal of legal information www.pravo.gov.ru, 10/23/2014, N 0001201410230006);
  • Federal Law No. 307-FZ of October 14, 2014 (Official Internet Portal of Legal Information www.pravo.gov.ru, October 15, 2014, No. 0001201410150002) N 307-FZ);
  • Federal Law No. 315-FZ of October 22, 2014 (Official Internet Portal of Legal Information www.pravo.gov.ru, October 23, 2014, No. 0001201410230005) N 315-FZ);
  • Federal Law No. 359-FZ of November 24, 2014 (Official Internet portal of legal information www.pravo.gov.ru, November 25, 2014, No. 0001201411250018);
  • Federal Law No. 456-FZ of December 29, 2014 (Official Internet portal of legal information www.pravo.gov.ru, December 29, 2014, No. 0001201412290005) (entered into force on January 1, 2015);
  • Federal Law No. 485-FZ of December 29, 2014 (Official Internet portal of legal information www.pravo.gov.ru, December 29, 2014, No. 0001201412290016);
  • Federal Law of December 31, 2014 N 533-FZ (Official Internet portal of legal information www.pravo.gov.ru, December 31, 2014, N 0001201412310102).

Chapter 1. General Provisions (Articles 1-5)

Chapter 2. Powers of state authorities of the Russian Federation,

public authorities of the constituent entities of the Russian Federation, bodies

local self-government in the field of urban planning (Articles 6 - 8.2)

Chapter 3. Territorial planning (Articles 9 - 29)

Chapter 3.1. Urban planning standards (articles 29.1 - 29.4)

Chapter 4. Urban zoning (Articles 30 - 40)

Chapter 5. Planning of the territory (Articles 41 - 46.8)

Chapter 6. Architectural and construction design, construction,

reconstruction of capital construction objects (articles 47 - 55)

  • Article 49 specially protected natural territories, in the Baikal natural territory.

Chapter 6.1. Self-regulation in the field of engineering surveys,

architectural and construction design, construction, reconstruction,

overhaul of capital construction facilities (Articles 55.1 - 55.23)

  • Article 55.2. Acquisition by a self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction objects of the right to issue certificates of admission to works that affect the safety of capital construction objects, termination of such a right.
  • Article 55.4. Requirements for a self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction objects, necessary for acquiring the right to issue certificates of admission to work that affects the safety of capital construction objects.
  • Article 55.13. Self-regulatory organization control over the activities of its members. Article 55.15. Application by a self-regulatory organization of disciplinary measures against members of a self-regulatory organization. Article 55.17. Maintaining a register of members of a self-regulatory organization. Article 55.19. State supervision over the activities of self-regulatory organizations. Article 55.21. All-Russian Congress of Self-Regulating Organizations. Article 55.22. Council of the National Association of Self-Regulating Organizations. Article 55.24. Requirements of the legislation of the Russian Federation for the operation of buildings and structures. Article 55.27. Agreement on the development of the territory for the purpose of building and operating a rented house for social use, an agreement on the development of the territory for the purpose of building and operating a rented house for commercial use. Article 55.29. Requirements for auction participants for the right to conclude an agreement on the development of the territory for the purpose of building and operating a rented house for commercial use, an agreement on the development of the territory for the purpose of building and operating a rented house for social use.

Chapter 7. Information support

urban planning activities (Articles 56 - 57.1)

  • Article 56
  • Article 57
  • Article 57.1. Federal state information system of territorial planning.

Chapter 8. Responsibility for violation of the law

on urban planning activities (Articles 58 - 62)

  • Article 58
  • Article 59
  • Article 60
  • Article 61. Compensation for harm caused to life, health or property of individuals.
  • Article 62

Chapter 9. Features of the implementation of urban planning activities in the subjects

Russian Federation - the federal cities of Moscow and St. Petersburg (Article 63)

  • Article 63

The president
Russian Federation
V.Putin

Article 5.1. Public discussions, public hearings on draft master plans, draft rules for land use and development, draft planning of the territory, draft land surveying, draft rules for landscaping, draft decisions on granting permission for a conditionally permitted use of a land plot or capital construction facility, draft decisions on granting permission to deviate from the limiting parameters of permitted construction, reconstruction of capital construction projects

1. In order to comply with the human right to favorable living conditions, the rights and legitimate interests of the right holders of land plots and capital construction projects under draft master plans, draft rules for land use and development, land planning projects, land surveying projects, draft land improvement rules, projects providing for amendments to one of the specified approved documents, draft decisions on granting permission for a conditionally permitted type of use of a land plot or capital construction facility, draft decisions on granting permission to deviate from the limiting parameters of permitted construction, reconstruction of capital construction facilities (hereinafter also in this article - projects) in accordance with the charter of the municipality and (or) the regulatory legal act of the representative body of the municipality and subject to the provisions of this Code, public discussions or public hearings, with the exception of cases provided for by this Code and other federal laws.

2. Participants in public discussions or public hearings on draft master plans, draft rules for land use and development, draft territory planning, land surveying projects, draft rules for landscaping, projects that provide for amendments to one of these approved documents, are citizens permanently residing in the territory in respect of which these projects are prepared, the right holders of the land plots located within the boundaries of this territory and (or) the capital construction objects located on them, as well as the right holders of the premises that are part of the said capital construction objects.

3. Participants in public discussions or public hearings on draft decisions on granting permission for a conditionally permitted type of use of a land plot or capital construction facility, draft decisions on granting permission to deviate from the limit parameters of permitted construction, reconstruction of capital construction facilities are citizens permanently residing within the territorial zone within the boundaries of which the land plot or the capital construction object is located, in respect of which these projects have been prepared, the right holders of the land plots located within the boundaries of this territorial zone and (or) the capital construction objects located on them, citizens permanently residing within the boundaries of the land plots, adjacent to the land plot in respect of which these projects have been prepared, the right holders of such land plots or capital construction facilities located on them, the right holders of premises that are part of the capital construction facility in respect of which these projects have been prepared, and in the case provided for by paragraph 3 of Article 39 of this Code, also the owners of land plots and capital construction facilities exposed to the risk of negative environmental impact as a result of the implementation of these projects.

4. The procedure for conducting public discussions consists of the following stages:

1) notification of the start of public discussions;

2) placement of the draft subject to consideration at public discussions and information materials to it on the official website of the authorized body of local self-government in the information and telecommunication network "Internet" (hereinafter in this article - the official website) and (or) in the state or municipal information system providing public discussions using the information and telecommunications network "Internet" (hereinafter also referred to as the "Internet"), or on the regional portal of state and municipal services (hereinafter in this article - information systems) and the opening of an exposition or expositions of such a project;

3) holding an exposition or expositions of the project to be considered at public discussions;

4) preparation and execution of the minutes of public discussions;

5. The procedure for conducting public hearings consists of the following stages:

1) notification of the start of public hearings;

2) posting a project to be considered at public hearings and information materials to it on the official website and opening an exposition or expositions of such a project;

3) holding an exposition or expositions of the project subject to consideration at public hearings;

4) holding a meeting or meetings of participants in public hearings;

5) preparation and registration of the minutes of public hearings;

6. Notification of the beginning of public discussions or public hearings must contain:

1) information about the project to be considered at public discussions or public hearings, and a list of information materials for such a project;

2) information on the procedure and terms for holding public discussions or public hearings on a draft subject to consideration at public discussions or public hearings;

3) information on the place, date of opening of the exposition or expositions of the project, subject to consideration at public discussions or public hearings, on the timing of the exposition or expositions of such a project, on the days and hours during which it is possible to visit the specified exposition or expositions;

4) information on the procedure, term and form for the participants in public discussions or public hearings to submit proposals and comments regarding the project to be considered at public discussions or public hearings.

7. Notification of the start of public discussions must also contain information about the official website where the project to be considered at public discussions and information materials for it will be posted, or information systems in which such a project and information materials for it will be posted, with which will be used for public discussions. The notice of the beginning of public hearings must also contain information about the official website where the draft to be considered at public hearings and information materials to it, information about the date, time and place of the meeting or meetings of participants in public hearings will be posted.

8. Notification of the start of public discussions or public hearings:

1) no later than seven days before the date of posting on the official website or in information systems of the draft subject to consideration at public discussions or public hearings, is subject to publication in the manner established for the official publication of municipal legal acts, other official information, and also in the case of , if it is provided for by municipal legal acts, in other mass media;

2) is distributed on information stands equipped near the building of the local government authorized to conduct public discussions or public hearings, in crowded places of citizens and in other places located on the territory in respect of which the relevant projects have been prepared, and (or) within the boundaries of the territorial zones and (or) land plots specified in Part 3 of this Article (hereinafter referred to as the territory within which public discussions or public hearings are held), by other means providing access for participants in public discussions or public hearings to the specified information.

9. During the entire period of placement in accordance with paragraph 2 of part 4 and paragraph 2 of part 5 of this article of the project to be considered at public discussions or public hearings, and information materials for it, an exposition or expositions of such a project are held. During the work of the exposition, consulting of visitors to the exposition, distribution of information materials about the project to be considered at public discussions or public hearings should be organized. Visitors to the exposition are consulted by representatives of the local government authorized to conduct public discussions or public hearings or a collegial advisory body created by it (hereinafter referred to as the organizer of public discussions or public hearings) and (or) the developer of the project to be considered at public discussions or public hearings.

10. During the period of placement in accordance with paragraph 2 of part 4 and paragraph 2 of part 5 of this article of the project to be considered at public discussions or public hearings, and information materials to it and the exposition or expositions of such a project, participants in public discussions or public hearings who have passed in accordance with part 12 of this article identification, have the right to make suggestions and comments regarding such a project:

1) through the official website or information systems (in case of public discussions);

2) in writing or orally during the meeting or meetings of participants in public hearings (in the case of public hearings);

3) in writing to the organizer of public discussions or public hearings;

4) by recording in the book (journal) the registration of visitors to the exposition of the project, subject to consideration at public discussions or public hearings.

11. Proposals and comments made in accordance with part 10 of this article are subject to registration, as well as mandatory consideration by the organizer of public discussions or public hearings, except for the case provided for by part 15 of this article.

12. For identification purposes, participants in public discussions or public hearings provide information about themselves (last name, first name, patronymic (if any), date of birth, address of place of residence (registration) - for individuals; name, main state registration number, location and address - for legal entities) with documents confirming such information. Participants in public discussions or public hearings who are the right holders of the relevant land plots and (or) capital construction objects located on them and (or) premises that are part of the said capital construction objects, also provide information, respectively, on such land plots, capital construction objects, premises, which are part of the specified capital construction objects, from the Unified State Register of Real Estate and other documents establishing or certifying their rights to such land plots, capital construction objects, premises that are part of the said capital construction objects.

13. It is not required to submit the documents specified in Part 12 of this Article confirming information about the participants in public discussions (last name, first name, patronymic (if any), date of birth, address of residence (registration) - for individuals; name, main state registration number , location and address - for legal entities), if these persons make suggestions and comments regarding the project to be considered at public discussions through the official website or information systems (provided that this information is contained on the official website or information systems) . At the same time, a unified identification and authentication system may be used to confirm the information specified in Part 12 of this Article.

14. The processing of personal data of participants in public discussions or public hearings is carried out taking into account the requirements established by the Federal Law of July 27, 2006 N 152-FZ "On Personal Data".

15. Proposals and comments made in accordance with part 10 of this article shall not be considered if it is revealed that a participant in public discussions or public hearings has submitted false information.

16. The organizer of public discussions or public hearings shall ensure equal access to the draft subject to consideration at public discussions or public hearings for all participants in public discussions or public hearings (including by providing access to the official website, information systems in multifunctional centers during public discussions). provision of state and municipal services and (or) premises of state authorities of the constituent entities of the Russian Federation, local governments, organizations subordinate to them).

17. The official website and (or) information systems should provide the ability to:

1) verification by the participants of public discussions of the completeness and reliability of the reflection on the official website and (or) in information systems of their proposals and comments;

2) providing information on the results of public discussions, the number of participants in public discussions.

18. The organizer of public discussions or public hearings prepares and draws up a protocol of public discussions or public hearings, which indicates:

1) the date of execution of the minutes of public discussions or public hearings;

2) information about the organizer of public discussions or public hearings;

4) information on the period during which proposals and comments of participants in public discussions or public hearings were accepted, on the territory within which public discussions or public hearings are held;

5) all suggestions and comments of participants in public discussions or public hearings, divided into suggestions and comments of citizens who are participants in public discussions or public hearings and permanently reside in the territory within which public discussions or public hearings are held, and suggestions and comments of other participants in public discussions or public hearings.

19. The protocol of public discussions or public hearings shall be accompanied by a list of participants in public discussions or public hearings who took part in the consideration of the draft, including information about the participants in public discussions or public hearings (last name, first name, patronymic (if any), date of birth, address of the place of residence (registration) - for individuals; name, main state registration number, location and address - for legal entities).

20. A participant in public discussions or public hearings who has made suggestions and comments regarding the draft considered at public discussions or public hearings has the right to receive an extract from the protocol of public discussions or public hearings containing the proposals and comments made by this participant.

21. On the basis of the protocol of public discussions or public hearings, the organizer of public discussions or public hearings prepares a conclusion on the results of public discussions or public hearings.

22. In the conclusion on the results of public discussions or public hearings, the following must be indicated:

1) the date of execution of the conclusion on the results of public discussions or public hearings;

2) the name of the project considered at public discussions or public hearings, information about the number of participants in public discussions or public hearings who took part in public discussions or public hearings;

3) details of the minutes of public discussions or public hearings, on the basis of which a conclusion was prepared on the results of public discussions or public hearings;

4) the content of the proposals and comments of the participants in public discussions or public hearings, divided into proposals and comments of citizens who are participants in public discussions or public hearings and permanently residing in the territory within which public discussions or public hearings are held, and proposals and comments of other participants public discussions or public hearings. In the event that several participants in public discussions or public hearings make the same proposals and comments, it is allowed to generalize such proposals and comments;

5) reasoned recommendations of the organizer of public discussions or public hearings on the advisability or inappropriateness of taking into account the proposals and comments made by the participants in public discussions or public hearings and conclusions based on the results of public discussions or public hearings.

23. The conclusion on the results of public discussions or 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 and (or) in information systems.

24. The charter of the municipal formation and (or) the regulatory legal act of the representative body of the municipal formation on the basis of the provisions of this Code determines:

1) the procedure for organizing and conducting public discussions or public hearings on projects;

2) organizer of public discussions or public hearings;

3) the term for conducting public discussions or public hearings;

4) official website and (or) information systems;

5) requirements for information stands on which notifications about the beginning of public discussions or public hearings are posted;

6) the form of notification about the beginning of public discussions or public hearings, the procedure for preparing and the form of the minutes of public discussions or public hearings, the procedure for preparing and the form of a conclusion on the results of public discussions or public hearings;

7) the procedure for exposition of a project subject to consideration at public discussions or public hearings, as well as the procedure for consulting visitors to the exposition of a project subject to consideration at public discussions or public hearings.

25. The term for holding public discussions or public hearings on draft rules for the improvement of territories from the date of publication of the notice of the start of public discussions or public hearings until the day of publication of the conclusion on the results of public discussions or public hearings is determined by the charter of the municipality and (or) the regulatory legal act of the representative body of the municipal education and cannot be less than one month and more than three months.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b) requirement for additional professional education, attestation;

c) a requirement for a certain length of service;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12. Self-regulation rules may establish:

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

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

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

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

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

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

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

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

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ST 6 GrK RF.

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

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

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

3) technical regulation in the field of urban planning;

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

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

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

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

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

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

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

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

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

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

5) has become invalid;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7.5) approval of estimated standards;

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

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

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

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

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

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

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

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

7.14) approval of aggregated construction price standards;

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

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

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

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

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

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

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

Commentary on Art. 6 of the Town Planning Code of the Russian Federation

1. The powers of a state authority are understood as its rights and obligations in relation to the adoption of regulatory legal acts, as well as the implementation of other state-power actions. The system of powers of any state body includes an obligation (before the state) and the right (in relation to managed objects) to perform certain tasks and functions in relation to these objects. The powers of a public authority express the process of division of labor between authorities, provide a certain separation of the elements of the system, determine the scope of the activity of the body, beyond which it cannot go, cannot invade the sphere of activity of another body, unless otherwise provided by legal acts.

The commented chapter lists specific powers without linking them to the body to which these powers belong. This approach makes it necessary to detail the enumerated powers, their differentiation between various federal government bodies.

According to the criterion of the nature of competence, federal bodies of general and special competence are distinguished. Bodies of general competence are singled out as a special type of state authorities because the solution of issues in the field of urban planning is not their special and only function, but is carried out along with the solution of other state tasks. Among the federal bodies of general competence, one can single out, first of all, the only legislative body at the level of the entire state - the bicameral Federal Assembly (parliament). Its main function is the adoption of all federal constitutional and federal laws on urban planning activities of the state or regulating social relations, partly affecting the sphere of urban regulation. A typical example of the implementation of this function will be the approval by federal laws of technical regulations in the field of construction safety.

General competence is vested in the President of the Russian Federation. In accordance with Art. 80 of the Constitution, the President of the Russian Federation is the head of state, the guarantor of the rights and freedoms of man and citizen, including in the field of urban planning.

As the head of state, the President of the Russian Federation has the right to determine the state policy of Russia in the field of urban planning, as well as act as the subject of legislative initiative on urban planning issues, sign relevant international documents. The President of the Russian Federation, on the proposal of the Government of the Russian Federation, approves the system and structure of federal executive bodies, which includes state authorities that resolve issues of urban regulation. At the moment, the Decree of the President of the Russian Federation “On the system and structure of federal executive bodies” dated March 9, 2004 (as amended on May 20 and December 1, 2004) is in force. In accordance with this Decree, the system of federal executive bodies includes federal ministries, federal services and federal agencies. The structure of federal executive bodies includes specific ministries, federal services and federal agencies, and federal services can either occupy an independent place in this structure or be part of individual ministries. Federal agencies are represented in this structure only as part of ministries. Finally, the President of the Russian Federation has the right to suspend acts of executive authorities (starting from the government of the Russian Federation and ending with executive authorities of the constituent entities of the Russian Federation) that contradict the Constitution of Russia and federal laws.

The Government of the Russian Federation also belongs to the federal government bodies of general competence. The government exercises executive power. The powers of the Government of the Russian Federation in the field of urban planning are not clearly spelled out either in the Constitution of the Russian Federation or in the Federal Constitutional Law "On the Government of the Russian Federation" dated December 17, 1997 (as amended on June 1, 2005). However, based on the provisions of the Civil Code of the Russian Federation itself, as well as the provisions of other regulatory legal acts, we can distinguish the following groups of powers of the Government of the Russian Federation in the field of urban regulation:

a) The Government of the Russian Federation approves the regulation on a specially authorized federal body (bodies) in the field of architecture and urban planning (decree of the President of the Russian Federation "On the system and structure of federal executive bodies" dated March 9, 2004 (as amended on May 20 and December 1, 2004 .).

b) The Government of the Russian Federation approves the procedure for carrying out various procedures, including the approval of documents, in the field of urban regulation, both those specially identified in the commented article 6 of the Urban Planning Code of Russia, and classified by it as “other” powers. For example, according to, the territory planning documentation submitted by authorized federal executive authorities, executive authorities of a constituent entity of the Russian Federation, local governments is approved, respectively, by the Government of the Russian Federation, the highest executive state authority of a constituent entity of the Russian Federation, the head of the local administration. An equally striking example of this function is, according to which non-state examination of project documentation is carried out by accredited organizations in the manner established by the Government of the Russian Federation.

As a separate authority within this group, it is necessary to single out the determination by the Government of the paid (or free) of a number of procedures in the field of urban regulation. So, according to, the provision of information on the information system for ensuring urban planning is carried out free of charge or for a fee, and the maximum amount of the fee for the provision of the specified information and the procedure for charging such a fee are established by the Government of the Russian Federation.

c) The government approves various forms of documents in the field of regulation of urban development. Among them: the form of the town-planning plan of the land plot (); ; building permit form ().

d) The government determines the procedure for conducting approvals in the field of urban planning, and also directly participates in some of them. As an example of this function, one can cite, according to which the procedure for coordinating draft territorial planning schemes for the constituent entities of the Russian Federation, the composition and procedure for the work of the conciliation commission are established by the Government of the Russian Federation. An equally striking example is, according to which the draft master plan, before its approval, is subject to mandatory approval in the manner established by the Government of the Russian Federation.

e) The Government of the Russian Federation determines the procedure for establishing the causes of cases of harm as a result of violation of the legislation on urban planning in relation to nuclear facilities, hazardous production and other facilities, information about which constitutes a state secret ().

Concluding the consideration of the list of federal bodies of general competence, the role of the judiciary should also be noted. Judicial bodies participate in the implementation of the state urban planning function through civil, criminal, administrative and constitutional proceedings in cases related to the protection of the rights and legitimate interests of citizens and legal entities, consideration of disputes in the field of urban planning, as well as administrative and criminal offenses committed. A special role in protecting the rights and interests of citizens and legal entities in the field of urban planning belongs to the Constitutional Court of the Russian Federation.

In accordance with Article 3 of the Federal Constitutional Law of July 21, 1994 (as amended and supplemented on February 8, December 15, 2001, June 7, 2004) "On the Constitutional Court of the Russian Federation", this body, upon request verifies the constitutionality of federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, the constitutions of the republics, charters, as well as laws and other regulations of the subjects of the Russian Federation, agreements between state authorities of the Russian Federation and state authorities of subjects of the Russian Federation that have not entered into the force of international treaties of the Russian Federation, on complaints of violation of the constitutional rights and freedoms of citizens and at the request of the courts, checks the constitutionality of the law applied or to be applied in a particular case. Recognition of a normative act or contract, their individual provisions as not in accordance with the Constitution of the Russian Federation entails the abolition of not only these documents, but is also the basis for the abolition of the provisions of other normative acts based on these documents.

2. The bodies of special competence in the field of urban regulation are the federal executive authorities, which are entrusted with one or more state tasks in the field of urban planning activities by government decrees. The general tasks of such bodies are formulated both in the commented article (without indicating the binding of powers to a specific body of general or special competence), and according to the text of the CRC of the Russian Federation itself. In our opinion, the main place in the implementation of such tasks belongs to the Ministry of Regional Development of the Russian Federation.

In accordance with paragraph 1 of the Regulations on the Ministry of Regional Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of January 26, 2005 No. 40, this body is a federal executive body that performs functions, including in the field of construction, architecture, urban planning ( with the exception of state technical accounting and technical inventory of urban planning facilities) and housing and communal services.

This body is authorized to adopt regulatory legal acts, including, firstly, federal urban planning standards and rules in the field of urban planning, design and engineering surveys in the field of urban planning. Secondly, it determines the procedure for developing, registering, approving, enacting and revising state urban planning norms and rules. Thirdly, it determines the procedure for the development, approval, examination and approval of urban planning documentation.

This ministry is in charge of the Federal Agency for Construction, Housing and Communal Services, which implements in its activities a number of functions in the field of urban planning.

Separate tasks related to the problems of urban regulation belong to several more federal executive bodies. Thus, according to Decree of the Government of the Russian Federation of July 30, 2004 No. 401 "On the Federal Service for Environmental, Technological and Nuclear Supervision", this body exercises supervision and control over compliance with industrial safety requirements in the design, construction, operation, conservation and liquidation of hazardous industrial facilities, manufacturing, installation, adjustment, maintenance and repair of technical devices used at hazardous production facilities, transportation of hazardous substances at hazardous production facilities.

In accordance with Decree of the Government of the Russian Federation of June 17, 2004 No. 294 "On the Federal Agency for Technical Regulation and Metrology", this body is entrusted with the following tasks:

Organization of examination of draft national standards, as well as collection and processing of information on cases of harm caused due to violation of the requirements of technical regulations, as well as informing purchasers, manufacturers and sellers on compliance with the requirements of technical regulations;

Implementation of the publication in the prescribed manner of notifications on the development and completion of public discussion of draft technical regulations, as well as notifications on the development, completion of public discussion and approval of a national standard, a list of national standards; adoption of the development program and approval of national standards;

Maintenance of the federal information fund of technical regulations and standards; unified information system for technical regulation; a unified register of registered voluntary certification systems, as well as a number of other functions.

3. Comparative analysis of the provisions of chapter three of the old Civil Code of the Russian Federation and the commented chapter makes it possible to identify a number of trends in the development of legal regulation of urban planning management. Without claiming to be an exhaustive analysis of them, we believe it is necessary to highlight the following.

a) Articles 21-22 of the old Civil Code of the Russian Federation provided for the powers of the Government of the Russian Federation and state authorities of the constituent entities of the Russian Federation, respectively, to approve the boundaries of objects of urban planning activities of special regulation of federal and regional significance. The exclusion of these procedures from the new GK RF was due to the fact that they were not in demand. In addition, these norms did not contain any special urban regulation regime, assuming only the withdrawal of powers at the level of a lower public authority and its transfer to higher levels - from local governments to constituent entities of the Russian Federation; from the subjects of the Russian Federation - the Russian Federation.

b) Article 21 of the old Civil Code of the Russian Federation mentioned the development and submission to the State Duma of the Federal Assembly of the Russian Federation of draft federal laws in the field of urban planning. Meanwhile, this authority of the Government of the Russian Federation follows from Part 1 of Article 104 of the Constitution of Russia, which determines the list of subjects of legislative initiative. Now the legislator did not see the point of duplicating constitutional norms, as well as in the case of the previously enshrined possibility of the Government of the Russian Federation to transfer part of its powers to the executive authorities of the constituent entities of the Russian Federation by agreement with them. The last possibility is already fixed by Article 13 of the Federal Constitutional Law of December 17, 1997 No. 2-FKZ “On the Government of the Russian Federation”.

c) in contrast to Article 21 of the old Civil Code of the Russian Federation, the provision of financing of urban planning activities at the expense of the federal budget is not provided for in the commented Article 6 of the Civil Code of the Russian Federation. This short story is quite logical, since in this part the old Town Planning Code intruded into the sphere of budget legislation. Corresponding relations are regulated by the RF BC.

d) the commented article 6 does not contain any mention of establishing the procedure for licensing the development of urban planning documentation. The absence of any mention of licensing in the Civil Code of the Russian Federation also looks logical, given the provisions of clause 1, article 1 of the Law on Licensing, which determines that only this law regulates licensing relations in accordance with the list included in it. The old Civil Code of the Russian Federation in this case also intruded into the sphere of public relations that was not characteristic of it, regulated by other laws of the Russian Federation.

e) the new Civil Code of the Russian Federation abandoned the pre-existing tradition of naming and listing the powers of the federal body for architecture and urban planning. This novel is due to the fact that the specific name of the federal executive authorities, their formation and abolition are carried out by decrees of the President of the Russian Federation on the system and structure of federal executive authorities. Directly, the provisions on such bodies are approved either by the President of the Russian Federation or the Government of the Russian Federation. It is in these provisions that the specific powers of the federal executive bodies are contained, which, in the opinion of the top leaders of the state, meet the requirements of the current moment.

It seems to us that the main principle that the legislator was guided by when determining the powers of the state authorities of the Russian Federation (as well as the constituent entities of the Russian Federation or local governments) is the establishment of non-overlapping powers of all levels of public authority, a clear regulation of the procedures for coordinating various types of urban planning documentation, accounting for lower levels of urban planning documentation of the norms of federal laws and provisions of other legally binding documents. It was precisely in order to avoid the possibility of one public authority "to subdue" another that the control of one public authority over another was abolished. To carry out supervisory functions, there are bodies of the prosecutor's office.

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