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Pros and cons of the category of land of settlements (ZNP). Locality
- we are engaged in the cultivation of land in order to obtain the necessary food,
- building houses on the ground
- we use forest and water.
One of the basic human needs is housing availability.
In Russia, the use of land plots is regulated by land legislation.
According to the Land Code, residential construction is carried out on special kind of territories. The name of this category of lands is lands settlements.
They are not the most common (extended in area) category, but they are home to the majority of the population of our country.
In addition to the category "land of settlements" there are others, which are designated depending on the permissible activities on the land. It is obvious that the area cannot be used in parallel:
- for forest cultivation
- railroad tracks,
- wheat cultivation,
- construction of a multi-storey residential complex.
Exists legislative division, to:
- to delimit the use of land,
- minimize harmful effects
- provide more necessary procedures for the protection and renewal of land.
- are the most valuable. These fertile areas are intended for the cultivation of agricultural plants and livestock. First of all, they are allocated for housekeeping, and the rest - for other purposes.
- lands of the water fund - the bottom of reservoirs and lands occupied by technical and other structures related to water.
- reserve lands - empty lands on the territory of the state, for the use of which a change in category is necessary.
What is a ZNP?
Lands of settlements (ZNP) - areas that are calculated for development and the expansion of the territories of human habitation and are used in the indicated way, that is, people live densely on them.
Now the concepts of "settlement" and "settlement" are not synonymous, the composition of the settlement may include more than one settlement.
Already from the definition it is clear that on this category of land it is assumed construction, and this activity is also regulated by urban planning norms. For more information on what categories of land you can build on, read the article.
Depending on the size, population and other factors, settlements are divided into:
- city,
- rural.
NPs can be as part of municipality (territory covered by the competence of specific local authorities).
The land category of the ZNP is special, since it involves the placement on its territory of objects that should have belonged to other categories, but belong to the ZNP, since they ensure the vital activity of settlements (transport, specially protected objects, agriculture).
Borders
The border is a line separating locality from other species lands.
The boundaries of the NP should be located so that there are no layers of boundaries of municipalities and sites that are provided to someone.
Both the initial approval of the boundaries of the NP, and their change is recorded in the main documents of municipalities.
Depending on the municipality, document may be:
- general plan,
- territorial planning schemes.
Boundaries change in a different order cities with special status:
- Moscow,
- St. Petersburg,
- Sevastopol.
They are approved Federation Council.
If any site from one NP "moved" to the neighboring one, then this does not entail any changes in the rights to this site.
In the territory of the settlement lands of others cannot be included categories, therefore, the transfer of boundaries implies a change in the category of land (either the adjacent lands become the lands of the NP, or the lands of the NP are transferred to another category).
Along the perimeter of the village is suburban area, it is not included in the territory of the settlement, but is, as it were, a “spare” in case of expansion of the NP.
Not every space is suitable for creating a settlement. For example, this applies to flooded lands and areas where attempts are being made to preserve wildlife.
Composition and zoning
In addition to the actual housing for people in settlements, it is assumed that infrastructure that ensures the normal functioning of the settlement:
- schools,
- transport,
- shops and more.
Any modern settlement has similar infrastructure zones as part of its lands.
Zoning
In settlements it is possible to exist different zones:
- residential- it is planned to build houses for living (individual, low-rise, mid-rise, high-rise, etc.) and household facilities. As part of the residential area, there may also be land for gardening.
- social and business zone - objects for public use in the field of administration (for example, courts, government buildings), education (for example, Kindergarten, university), social sphere (for example, a boarding school), cultural sphere (for example, a museum, gallery) and others.
- production– construction of industrial facilities (for example, a warehouse, a factory),
- engineering and transport infrastructure– First of all, transport facilities of various types (river, pipeline, railway, etc.) are being built in these zones.
- recreational- a recreation area where there are gardens, parks, squares, ponds, etc.
- agricultural– occupied under objects Agriculture(for example, stables, arable land).
- accommodation area military installations- facilities that ensure the safety and security of residents (for example, a military unit),
- other zones.
Territorial zoning is carried out taking into account the fact that the land cannot be in different zones at the same time.
Urban planning regulations
The use of the category of lands of settlements is also regulated by special regulations.
Urban planning regulations are part of the land use and building regulations and establish possible activities on the ground.
The regulation is determined for specific territorial zones, taking into account the set factors:
- origin,
- the history of development,
- location,
- the possibility of various kinds activities, etc.
The requirements of urban planning documentation apply not only to the very plane of the land plot, but also to everything that is located above and below the surface down to the subsoil, and regulate the process of construction and further operation of buildings on the site.
VRI
They are establish what people can do on a specific piece of land. VRI are recorded in a special document - the order of the Ministry economic development RF.
VRI is provided for all categories of land.
For example, the VRI "Low-rise residential development" (housing for individual needs; summer cottages) involves the construction of housing that will not be divided into apartments for different families, as well as related activities:
- gardening,
- flower beds,
- construction of garages and other outbuildings.
And the VRI “Multi-storey residential building (high-rise building)”, the most typical for the category of urban land, implies high-rise residential construction (from 9 floors), when there are many apartments in each house. Even within the framework of this VRI, landscaping of areas around houses and other activities are allowed.
You can read more about the VRI classifier.
The code
Related videos
You can learn more about the lands of settlements from the video below:
conclusions
The lands of settlements are the central category of lands, since they constitute basis of human life.
Today, when practically the entire population of the state is concentrated on the ZNP, the question of the rational use of the available limited areas is of particular importance.
First of all, it concerns compliance with the law- urban planning regulations, VRI, as well as the inevitability of sanctions for violations.
Since land is an irreplaceable resource, the following are also important:
- compliance with the principles of land protection,
- implementation of safe land use,
- causing minimal damage to the natural environment,
- compensation for harm.
In contact with
13. Settlement (definition). Types of settlements. Types of settlements
Settlements as places of permanent long-term residence appeared during the transition of people to a settled way of life in connection with the development of agriculture and animal husbandry.
According to V.I. Dahl, a settlement is a populated place, residential, where people are settled.
In this way, locality (settlement, settlement) - the primary unit of human settlement within one built-up area, used as a place of long-term permanent or temporary residence.
All settlements in our country are divided into urban and rural settlements. The assignment of a settlement to the category of urban or rural is carried out by state authorities. In this case, first of all, they take into account the occupation and number of the living population, as well as the administrative, economic, cultural and historical significance of the settlement.
Table 1. Change in the country's population
According to the national economic affiliation, settlements are divided into cities, urban-type settlements, rural settlements.
The high rates of urban development in the country led to the rapid growth of the urban population. The trend of urban development and an increase in the number of urban population will continue in the future (Table 1). In order to improve the distribution of the country's productive forces, it is expedient to restrain the growth of large cities and regulate their growth.
City- a settlement with a population of at least 10 thousand people, and the inhabitants are mainly employed in industry, services, management, science, and culture.
At present, the so-called satellite cities, located around large cities, at a distance of 30-60 km from them. With the help of satellite cities, designed for 60-80 thousand inhabitants, densely populated cities are unloaded. The main conditions for the placement of satellite cities - good connection with a major city. For Nizhny Novgorod, satellite cities are the cities of Bor, Dzerzhinsk, Balakhna, etc.
Settlement- a settlement, the predominant part of the population of which is associated with industrial production and transport. Urban-type settlements are subdivided into:
workers' camps- settlements at large plants, factories, mines, power plants, railway stations and other economically important objects. The population of workers' settlements is 3-12 thousand people;
holiday villages - settlements located outside the city limits, the main purpose of which is to serve cities as sanatorium centers, places of summer recreation. No more than 25% of the population of the settlement should be employed in agriculture;
3) resort villages - settlements located in areas of medical importance with a population of at least 2 thousand people, half of which are temporary residents.
Russia has historically developed an extensive network of rural settlements. Currently, there are more than 150 thousand of them. The network of settlements is dynamic, as it depends on the availability and state of production. Some settlements are destroyed, others appear.
Rural settlements- all settlements that do not have the status of a city or urban-type settlement, regardless of size and sectoral affiliation.
Such settlements are very diverse in their economic, geographical, historical, national and other conditions of development. However, a common feature that unites them is that the bulk of the able-bodied population is employed in agriculture.
Rural settlements are usually understood as villages and villages.
Village - an ordinary residential settlement formed by placing linear buildings along a road or natural lines (banks of a river, lake, ravine).
Village - a large rural settlement serving as an economic and administrative center for a group of service villages. A distinctive feature of the village in the pre-revolutionary period was the presence of a church, a temple, in the Soviet period - a village council, a village council.
Currently, rural settlements are divided into three main types:
a) agricultural rural settlements - production centers of agricultural enterprises and their associations, subsidiary plots, etc. Currently, this is the most common type of rural settlements, since about 85% of the total number of rural settlements will fall into it;
b) non-agricultural rural settlements ~ settlements at individual enterprises, settlements for the protection of forests, transport routes, etc.;
c) rural settlements of mixed type ~ regional centers, settlements within the land use of agricultural enterprises, the main part of the population of which is employed at enterprises located outside the given settlement (industrial, transport, etc.).
In connection with the rapid growth of cities, settlements began to appear near the largest of them. suburban type, providing the production base of these cities with labor resources, as well as being a place of rest for citizens (dacha villages, recreational centers, etc.).
All listed rural settlements belong to stationary settlements. In addition to them, in rural areas there are settlements of a seasonally inhabited type: summer camps for livestock, field camps, settlements of surveyors, logging workers, etc.
In connection with the reform of economic and land relations, accompanied by the emergence of new forms of land ownership and management, a new type of rural settlement appeared on it - peasant (farm) economy. A peasant (farm) economy is a housing and economic complex consisting of three functional zones (residential, industrial and agricultural land) located on one or more land plots. Besides, in recent times cottage settlements and horticultural associations intended for urban residents in the summer are becoming more common.
For organization gardening associations allocate lands of agricultural and forestry enterprises, as well as lands of small settlements in which there is no permanent population. Allocated arrays usually have an area of 20-50 ha (rarely 100-1000 ha). Since in large seasonal settlements the number of residents can reach 100 thousand people, it becomes necessary to organize medical care with constant duty of medical personnel, traveling trade and other social events.
Under cottage development allocate plots near existing settlements on free (not used) lands. Cottage settlements can be used not only for seasonal, but also for permanent residence.
In accordance with clause 1.4. SNiP 2.07.01-89, all settlements, depending on the population, are divided into the following groups (Table 2):
Table 2. Groups of settlements by number of inhabitants
|
Settlement groups |
Population, thousand people |
|
|
Rural settlements |
||
|
The largest |
Over 1000 | |
|
Less than 0.05 |
||
The group of small towns also includes urban-type settlements.
Settlement - a place of permanent or temporary residence of people. This is a territory built up with residential and industrial buildings, cultural and community facilities.
The separation of industrial labor from agricultural labor led to the emergence of two main types of settlements - urban and rural. AT different countries Various quantitative characteristics have been adopted, according to which a particular settlement is classified as urban or rural. However, the main differences between them are not so much in the number of inhabitants, but in the functions (economic, cultural, administrative and political) that the settlement performs. In Latvia, for example, all settlements with more than 2,000 inhabitants are considered urban, but in Moldova, a significant proportion of the population lives in villages with more than 5,000 inhabitants.
The study of the city requires a special combination of knowledge in the field of not only geography, but also history, art and architecture, etc. Everyone can discover some new features in his city that no one has yet revealed. Economic geography also plays an important role in this.
What is required to understand the economic and geographical features of a modern city?
It is important to understand and evaluate its economic and geographical position, to establish the origin of the name. It is also necessary to trace the development of the city, the growth in the number and changes in the composition of its inhabitants, the increase in the territory it occupies.
It is necessary to determine the economic specialization of the city and its place in the single economic complex of the country. Therefore, its transport and economic ties with other cities and regions are necessarily studied. Finally, it is very interesting to find out the prospects further development hometown.
By population, cities are divided into small (up to 50 thousand inhabitants), medium (up to 100 thousand inhabitants) and large (more than 100 thousand inhabitants). The growth in the number of cities with a population of over 500,000 gave rise to the category of super-large, or largest, cities. In 1917, there were only 2 of them in our country, and according to the 1979 population census, there were already 45. Cities with a population of more than a million people are real giants.
Our country has really become a country of big cities. In total, they are home to about 50 million people, or almost 40% of the population. The share of small and medium-sized cities, urban-type settlements accounts for about 30 million people, or approximately 22% of the country's population.
A big city is at the same time a large industrial center, an administrative, scientific and cultural center, and a powerful transport hub. With rare exceptions, all the capitals of the autonomous republics, regional and regional centers are large cities. At the same time, the other part of the big cities, not being officially one or another administrative center, nonetheless perform important organizational and economic functions in relation to a particular area.
Big cities accumulate not only material and spiritual values. They also multiply shortcomings and give rise to a number of complex scientific and technical problems. One of the main ones is the preservation of a healthy human environment.
Small and medium cities- a support and a lever for the transformation of rural settlement, an important tool for overcoming the differences between the city and the countryside. At the same time, they are a means of regulating large cities, which are threatened with excessive growth.
One of the key features modern life people in many countries of the world. Their growth, the increase in the proportion of city dwellers in the population, the spread of the urban way of life to the countryside - all this is called urbanization.
On the territory of Russia, as well as throughout the planet, cities were distributed unevenly. In the north and east of our country, they are separated from each other at very respectful distances. A different picture is around the largest cities in populated areas, where powerful territorial production complexes have already formed, as well as at the main port "entrances and exits" from the country. There is a close proximity of large and small cities. The gap between them is reduced to a few kilometers. Sometimes neighboring cities get so close that they seem to grow into each other. In a continuous strip along sections of railways of considerable length, urban settlements in the Moscow region stretch without interruption. Here are the real constellations of cities.
Groups and clusters of cities that are closely located and closely related in labor, cultural and domestic terms are called agglomerations. More than 80% of all citizens of the country live in them.
Rural settlements- These are settlements with a relatively small number of inhabitants, most of whom are engaged in agriculture. Rural settlements also include such settlements where residents are employed in forestry, in transport services, etc. The size of rural settlements ranges from tiny, with up to 10 inhabitants, to giant villages with a population of 5 or more thousand inhabitants.
The cooperation of small peasant farms and the creation of powerful agricultural enterprises gave impetus to the concentration of the rural population in large villages and towns. This process makes it possible to successfully solve the problem of undesirable differences between the city and the countryside. In each of the hundreds of thousands of villages and villages in our country, it is far from always economically feasible to build water supply and sewerage systems, establish electricity and gas supplies, even have a school and a club, a library and a shop. All this is available only to large modern rural settlements.
Deepening the specialization of agriculture, its concentration and mechanization, and the creation of agro-industrial complexes can only be achieved on the basis of large rural settlements. That is why the main direction of improving the existing system of resettlement of rural residents in many regions of the country, for example, in the Non-Chernozem zone of Russia, is the transition from a network of small settlements to settlements that are much larger in size and with more high level improvement.
In geographic local history, rural settlements are studied as an integral part of larger and more complex objects. An analysis of the location of settlements within the boundaries of this economy is carried out, an assessment of the economic geographical location the central estate and the significance of each settlement is clarified. It is necessary to collect information on the number of inhabitants, their age composition, employment by certain types of agricultural labor. It is desirable to have such data in dynamics, i.e., for a sufficiently long series of years. The analysis is completed by the characterization of cultural and living conditions and the prospects for their improvement in the countryside.
Such a study of rural settlements makes it possible to trace socio-economic changes in the countryside, helps to identify the most promising settlements for further growth and development.
Administrative-territorial, municipal-territorial structure
Lecture No. 7 of 09/27/2011
A-T division refers to the exclusive competence of subjects, with the exception of names A-T units, individual settlements, ZATO organizations. These issues are within the competence of the Russian Federation.
A-T division - is the division of the territory of subjects into A-T units, settlements, for the orderly implementation of the functions of public administration, local self-government, social and political life in the interests of residents of this subject
Municipal-territorial division is carried out with the aim of orderly implementation of LSG and involves the division of the territory of the subject into the territory of the Moscow Region
It is necessary to distinguish the division of territory and the classification of settlements from A-T division provided for the needs of urban planning activities
A-T unit - this is inner part the territory of the subject within the established boundaries, having its own name, a permanent center, characterized by unity, continuity, including one or more settlements, allocated for the purpose of a comprehensive solution of the state. and local tasks to ensure the life of the population.
Types A-T units:
Village councils.
it a place of permanent residence of people, adapted for life, households. activities, recreation, concentrating housing, administrative and household. the buildings
Kinds:
Villages.
Stanitsy.
Settlements.
Urban-type settlements.
Districts in cities.
NPs can be urban or rural.
In law Sverdlovsk region dated July 7, 2004 "On A-T device Sverdlovsk region" A-T units are districts, intracity districts and village councils (the similarity of the municipal district with the Moscow Region)
Types of NP:
urban locality- This is a settlement with an established production and social. infrastructure: in the form of a city (population over 12 thousand people); urban-type settlement (from 3 to 12 thousand people); workers' settlements (less than 3 thousand people).
In cities with a population of more than 100 thousand people, intracity districts and village councils can be created
Rural settlement- this is a NP that does not belong to the category of urban.
Subjects regulate issues differently ratios A-T division and municipal division. There are three possible situations:
1) LSG is carried out in within A-T units, i.e. MO are identified with A-T units.
2) provides for the separation of A-T units and MO. In this case A-T units are created to solve state tasks, MO - to address issues of local importance, and these territories are allocated taking into account the characteristics of the NP.
3) breeding A-T and municipal-territorial units. Various degrees of universality of MO and A-T units are assumed.
Federal Law 131 does not provide for any connection between A-T and the municipal-territorial unit.
Decision of the Constitutional Court dated 15.05.2007- A-T division, which includes the issues of formation, transformation and abolition of A-T units, cannot interfere with the interests of the territorial organization of LSG.
Decision of the Constitutional Court of 24.01.1997- A-T units are formed by the subject and OGV can be created in them.
Decision of the Constitutional Court dated 03.11.1997- A-T division and MSU are not connected.
Decision of the Constitutional Court of November 30, 2000- any change in the territorial basis does not lead to a refusal to implement it.
The Federal State Statistics Service draws a parallel to two classification systems:
All-Russian classifier objects A-T division.
All-Russian classifier of the territory of the Moscow Region.
The term "settlement" (settlement) has a broad interpretation in the literature. In the Dictionary of the Russian Language S.I. Ozhegov, a settlement is understood as "a settlement, as well as in general a place where someone lives, dwells." In turn, the settlement is " common name places where people live (city, village, town, etc.)”. A number of authors propose to understand a settlement as "a place where people live compactly (in a certain limited area)."
According to other researchers, a settlement is “a place of permanent residence of people, adapted for life, economic activity and recreation, where housing, administrative and utility buildings are concentrated. Thus, the concepts of "settlement" and "settlement" practically coincide.
Until recently, federal legislation did not disclose the concept of "settlement", and also did not establish (and does not establish) the administrative-territorial structure and the procedure for changing it in the constituent entities of the Russian Federation. The reason for this is the assignment by the Federal Law of October 6, 1999 “On the General Principles of Organization of Legislative (Representative) and Executive Bodies state power constituent entities of the Russian Federation” of issues of administrative-territorial structure to the number of powers of the legislative body of the constituent entity of the Russian Federation.
From this, in turn, follows the problem of the relationship between the concept of "municipal formation" and the concept of "administrative-territorial unit". A municipal formation "may or may not be an administrative-territorial unit, and the mere presence of an administrative-territorial unit does not in itself necessarily entail the implementation of local self-government within its boundaries."
The boundaries in which local self-government is exercised may not always coincide with the boundaries of administrative-territorial units, therefore, it is necessary to distinguish between the concepts of "territory of a settlement" and "territory of a municipal formation". On the territory of a settlement there may be one municipal formation (“urban district”), and then these concepts coincide, but there may also be several municipal formations (“intra-urban territories”), or several settlements may be part of one municipal formation (“rural settlement”). "). Then these concepts have a different semantic load.
As noted in the scientific legal literature, “the laws of the subject of the Federation on the administrative-territorial division and the legislation regulating the territorial structure of local self-government operate in very close, but not coinciding planes. The institute of the administrative-territorial structure functions as the basis of state power, and the institution of the territorial structure of local self-government functions as an organization of municipal government. The fuzziness of the definitions that determine the administrative-territorial division of the subject of the Federation and the territorial structure of the municipality has led to the actual mixing of these two different phenomena.
Indeed, it is difficult to deny the existence of a number of differences in the goals and objectives of the administrative-territorial division of the territory of a constituent entity of the Russian Federation and the delimitation of its territory into a number of municipalities. At the same time, the establishment of a mismatched system internal structure subject of the Russian Federation entails a certain amount of confusion and uncertainty. The appearance of the latter is largely due to the lack of uniformity in the approaches of the constituent entities of the Russian Federation to determine the internal structure of their territory. The laws of a number of constituent entities of the Russian Federation establish that the boundaries of municipalities may not coincide with the boundaries of administrative-territorial units. In turn, both types of these boundaries may or may not coincide with the boundaries of settlements.
Thus, according to paragraph 1 of Article 8 of the Law of the Voronezh Region “On the administrative-territorial structure of the Voronezh Region and the procedure for changing it” dated October 27, 2006, the boundaries of the administrative-territorial units of the urban district, urban settlement may not coincide with the boundaries of the territorial units of the city or urban-type settlement. Based on Article 2 of the Law of the Rostov region "On the administrative-territorial structure of the Rostov region" dated July 25, 2005 No. 340-ZS (as amended on January 14, 2008), an administrative-territorial entity is an urban district or a municipal district within the boundaries and with the name established by the relevant regional law on the establishment of boundaries and conferring the status of a municipal formation.
Accordingly, one of the principles of the administrative-territorial structure is the coincidence of the boundaries and names of administrative-territorial entities, administrative-territorial units and the boundaries and names of the respective municipalities.
Since the administrative-territorial structure is assigned to the jurisdiction of the subjects of the Russian Federation in the regions, there are different approaches to the definition of the concept of "settlement". In the laws of some constituent entities of the Russian Federation, a populated area is understood as “a part of the territory that has a concentrated development within the established border and serves as a permanent place of residence for the population.” In the laws of other subjects of the Russian Federation, a settlement is a part of a populated territory of an administrative-territorial unit that has concentrated development and serves as a permanent (including seasonal) place of residence for urban and rural residents.
In the third group of regions ( Astrakhan region) a populated locality is understood to mean a territory with a concentrated development, serving as a place of residence for people, which was given a name in accordance with the procedure established by federal legislation, and classified in accordance with Federal Law No. 152-FZ of December 18, 1997 "On the names of geographical objects" objects.
Thus, most of the laws of the constituent entities of the Russian Federation, when defining settlements, pay attention to two of their main features: territory and population. Previously, among such signs, additional attention was paid to the specialization of the activities of the majority of the population.
Until recently, there was a conflict situation in the legislation caused by the use of terminology, in which different federal laws invested unequal meanings. The fact is that the Land Code of the Russian Federation used the term “land of settlements” to designate a category of land, and the Federal Law “On the General Principles of Organization of Local Self-Government in the Russian Federation” under “settlement” understood a variety of municipalities, which included both the lands of settlements proper , and land of other categories located within the boundaries of such municipalities.
Clarity in the use of this terminology was introduced only after the entry into force on January 1, 2007 of the federal law, which changed a number of norms of the Land Code of the Russian Federation and renamed “land of settlements” into “land of settlements”. Therefore, according to Art. 83 of the Land Code of the Russian Federation, lands of settlements are lands used and intended for the construction and development of settlements.
From this definition, it remains unclear what a “settlement” is, as well as what is the unified classification of settlements into types. According to Art. 131 of the Constitution of the Russian Federation, local self-government is carried out in urban, rural settlements and other territories, taking into account historical and other local traditions. The named constitutional position is concretized by Art. 2 of the Federal Law “On the General Principles of Organization of Local Self-Government in the Russian Federation” dated October 6, 2003, which subdivides municipalities into an urban or rural settlement, a municipal district, an urban district and an intra-urban territory of a city of federal significance.
Since there is no unified approach to the classification of settlements in the laws of the Russian Federation, we will try to formulate our own scientific classification of settlements into types on the following grounds.
First, in terms of population. Such a classification is carried out by the Federal Law “On the Enactment of the Land Code of the Russian Federation”, establishing a different redemption price for land in settlements with different populations (Article 2).
In addition, according to Article 11 of the Federal Law “On the General Principles of Organization of Local Self-Government in the Russian Federation” dated October 6, 2003, the territory of a rural settlement may, as a rule, include one rural settlement or settlement with a population of more than 1000 people (for a territory with a high population density - more than 3,000 people) and (or) several rural settlements united by a common territory with a population of less than 1,000 people each (for a territory with a high population density - less than 3,000 people each).
Consequently, the presence of the specified number of inhabitants is the basis for the formation of a separate municipality with all the ensuing legal consequences (including land law).
Secondly, depending on the significance of the settlement in the management system, the federal and regional legislators distinguish between cities of federal significance (Moscow and St. Petersburg), regional (republican, regional, regional, etc.) significance, cities of regional significance, urban-type settlements , rural settlements.
Living in the last of these types of settlements gives citizens a number of benefits. So, according to paragraph 5 of Article 55 of the Federal Law of January 13, 1996 No. 12-FZ “On Amendments and Additions to the Law of the Russian Federation “On Education” (as amended on December 1, 2007), teaching staff educational institutions enjoy the right to receive a pension for years of service until they reach retirement age, to a free living area with heating and lighting in rural areas, workers' settlements (urban-type settlements).
In accordance with Article 350 of the Labor Code of the Russian Federation, medical workers of healthcare organizations living and working in rural areas and in urban-type settlements, the duration of part-time work may be increased by decision of the Government of the Russian Federation, adopted taking into account the opinion of the relevant all-Russian trade union and the all-Russian association of employers.
Thirdly, settlements differ based on the presence of specific environmental factors on their territory. Thus, there are a number of features of the legal status of settlements located within the boundaries of the ecological resort region of the Caucasian Mineral Waters (Pyatigorsk, Kislovodsk), within the federal resort region of Anapa, settlements located on the territory of nature reserves and national parks. There are a number of features of the legal status of cities and villages located in the zone of ecological disaster, in the zone of protective measures around the storage facility chemical weapons etc.
Fourthly, based on the main research and production or other specialization of the settlement, one can single out “science cities”; urban and rural settlements located within the boundaries of the territory of closed administrative-territorial entities (for example, the city of Zaozersk in the Murmansk region, the village of Lokomotivny in the Chelyabinsk region), settlements - the location of the gambling business, etc.
As we have already noted above, the existing regional practice shows that in some cases the boundaries of a settlement and the boundaries of a municipality coincide; in other cases (and these are the majority), the composition of the municipality includes the actual settlement (points) and other territories adjacent to them. The latter situation follows from Article 11 of the Federal Law “On the General Principles of Organization of Local Self-Government in the Russian Federation”, according to which the territory of an urban settlement may include one city or one village, and also, in accordance with the general plan of an urban settlement, territories intended for development its social, transport and other infrastructure (including the territories of settlements and rural settlements that are not municipalities). We observe a similar situation in the case of urban districts.
This approach is partly a consequence of the construction of a metropolitan city (urban agglomeration) that has long been developed in urban planning science. The need for its development is due to the fact that the creation of an urban agglomeration allows more rational use of available land for a more modern form of settlement, as well as solving the problem of integrated planning of city centers and their suburban areas, raising the architectural and planning organization of industrial and territorial complexes to a qualitatively new level, labor, life and recreation of the population living in them. Therefore, this category is necessary to improve urban planning for the development of territories.
One of the first in Russian legal science, G.V. Vypkhanova. In her opinion, an urban agglomeration is a complex natural-socio-economic system that includes “territorially and functionally interconnected, legally independent settlements (urban and rural), united around one or several large cities, within which a legally regulated complex arises. public relations".
Taking into account the modern urban planning legislation, there is a need for further development of this legal structure. We propose the following regulatory definition: “agglomeration is a set of territories of municipalities adjacent to a city of federal significance or the administrative center of a constituent entity of the Russian Federation, intended by territorial planning documents of constituent entities of the Russian Federation to expand the capital of a constituent entity of the Russian Federation and constituting with it a single economic, recreational and other space.”
At the same time, it should be emphasized that an agglomeration is not just a city with suburbs (urban district), but a somewhat different qualitative state of planning for the development of a city of federal significance or a regional (territorial, republican) center. The legal consolidation of an effective urban agglomeration around such cities, with the accompanying bringing their infrastructure to the standards of European cities, is the most important prerequisite for successful socio-economic development.
In the future, such agglomerations should take advantage of their geographical position on transport routes between different parts of the country, as well as between foreign countries. At the same time, the development of doctrinal ideas and normative consolidation of this legal category will inevitably lead to a discussion of the territorial relationship (and legal status) of the agglomeration and the suburban zone. There are debatable issues here.
So, L.V. Ovchinnikova believes that “when establishing the boundaries of the territory of the municipality, it is necessary to resolve the contradiction that develops in the legislation when determining the regime of the suburban zone. If this zone (according to Article 86 of the Land Code of the Russian Federation) includes lands that are outside the boundaries of urban settlements and are not part of the lands of other settlements (that is, on an inter-settlement territory - outside the boundaries of settlements), then: a) it is difficult to find such territory, especially in a densely populated federal district; b) the management of the suburban area will be carried out exclusively "from above", without taking into account the interests of citizens living in the territory. It is proposed (along with the land concept of "suburban zone") to restore the status of a suburban municipality that has a common border with the city.
In our opinion, in this case attention should be paid to the following circumstances. First, within the borders, for example, of the Southern federal district with a high level of urbanization, indeed the suburban area is quite well populated. However, in the light of Article 11 of the Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation", the suburban area is not at all an inter-settlement area. As follows from this article, the territory of the subject of the Russian Federation is delimited between settlements.
Territories with a low rural population density may not be included in the territory of settlements. Such territories with a low population density are inter-settlement areas, being "directly" part of municipal districts. Secondly, the "suburban area" can either be part of the city district, or be outside its boundaries. In the first case, there are general rules for taking into account the opinion of the population when making decisions, for example, on changing the boundaries of municipalities, and such opinion of the population is taken into account in accordance with existing procedures.
If the "suburban zone" is not included in the boundaries of the urban district, then it is located on the territory of other municipalities, and it is very difficult to manage it "exclusively from above". At the same time, in the latter case, we are just observing a set of "suburban municipalities that have a common border with the city." In this case, the concept of "agglomeration" is needed.
So, the Constitution of the Russian Federation and a number of federal laws divide all settlements of Russia into urban and rural. However, there is another approach to the classification of settlements, implemented in the All-Russian classifier of objects of administrative-territorial division OK 019-95 (hereinafter OKATO), which entered into force on January 1, 1997. OKATO delimits settlements into three levels, highlighting cities (federal, regional (regional, republican) district subordination), urban-type settlements, rural settlements. As urban-type settlements, workers, resort and summer cottages stand out in it.
OKATO is designed to ensure the reliability, comparability and automated processing of information in the context of the administrative-territorial division in such areas as statistics, economics and others. It seems that OKATO performs a predominantly statistical function, since it is intended to fix the objectively existing administrative-territorial division, as well as the names and status of settlements and administrative-territorial units, established earlier on the basis of other legal acts, mainly of the Soviet period.
This approach to the classification of settlements until recently was widely used by land and tax legislation in the 90s of the last century. Thus, in articles 70 and 71 of the Land Code of the RSFSR of April 25, 1991, settlements were divided into cities, workers, resorts, summer cottages and rural settlements. The basis for the division of settlements into workers, resorts and summer cottages was, as noted in scientific papers, "character labor activity population and number of inhabitants.
According to Article 6 of the Law of the Russian Federation "On payment for land" dated October 11, 1991, land tax for land plots within rural settlements and outside their limits, provided to citizens for conducting personal subsidiary plots, gardening, horticulture, animal husbandry, haymaking and grazing, was charged from the entire area of the land at average tax rates for agricultural land administrative area. Land tax cities, workers, resort and holiday villages was levied on all enterprises, organizations, institutions and citizens who own, own or use land plots at the rates established for urban lands(Article 7). The current tax legislation no longer provides for such differences.
Order of the Federal Agency for Real Estate Cadastre of June 29, 2007 No. P / 0152 “On Approval of Technical Recommendations for the State Cadastral Evaluation of Land in Settlements” identifies 27 types of settlements, including aul, settlements, town, dacha, resort village, township, microdistrict , planning area, siding, station, territory, ulus, etc. Without objecting in general to the variety of names of types of settlements, at the same time, we note that “microdistrict” or “planning area” as the name (type) of a settlement is an example of a not entirely successful approach. For example, a microdistrict, by definition, is only a part of a large settlement, for example, a city - a regional center.
In the laws of the subjects of the Russian Federation, the classification of settlements into a number of types is carried out today within the framework of the administrative-territorial structure. The legislation of most constituent entities of the Russian Federation currently distinguishes between cities (of regional (krai, republican) and district significance, or without such specification); workers' settlements (urban-type settlements), dacha and resort settlements; rural settlements (village, village, village, farm, rural settlement, etc.).
Under the laws of most constituent entities of the Russian Federation, an urban settlement is understood to mean a settlement that, based on the size of the population, the nature of the occupation of the majority of its inhabitants, is classified in accordance with the procedure established by law to the category of cities or workers, resort and summer cottages. So, for example, in the Bryansk region, an urban settlement is understood as a settlement, which, based on the population, the nature of the occupation of the majority of its inhabitants, geographical, economic, historical and cultural significance, referred in the manner prescribed by law to the categories of cities or towns. The features of the legal status of the regional center are also noted.
Regional laws classify cities of regional significance as settlements that are economic and cultural centers, have a developed industry and a population of 25,000 or more. The status of cities of district significance can be assigned to urban settlements with a population of at least 12 thousand people, of which at least 85 percent must be workers, employees (members of their families), which are industrial and cultural centers.
Settlements with a population of at least 3,000 people, on the territory of which there are industrial enterprises, railway junctions, enterprises for the processing of agricultural products and other economically important facilities, and with a share of non-agricultural employment of at least 85 percent of the able-bodied population .
Resort villages - settlements located in areas of medical importance, with a population of at least two thousand people, provided that the number of people who annually come to these settlements for treatment and recreation is at least 50 percent of the permanently resident population. Dacha settlements are settlements, the main purpose of which is to serve the population of cities as places for summer recreation.
As a general rule, holiday villages do not lose their character if part of the population permanently lives in them. Due to the small population, sometimes such settlements are not included in the lists of settlements of the municipality, which entails a number of serious civil legal consequences (for example, denial of state registration of rights to land plots, as happened with one of the owners of the land plot in dacha settlement of the Old Bolsheviks of the Naro-Fominsk region).
A rural settlement is a village, village, aul, farm and other settlement located in a rural area, which is not classified as an urban settlement, and whose inhabitants are mainly engaged in agricultural production. In a number of constituent entities of the Russian Federation, the following gradation of such settlements has been carried out: a settlement is a large, large and medium-sized rural settlement; village - a large, medium and small rural settlement; railway station village - a large, large and medium-sized rural settlement located near a railway station; farm - medium and small rural settlement. Large is a rural settlement with a population of more than 3,000 people, large - from 1,000 to 3,000 people, medium - from 200 to 1,000 people, small - less than 200 people.
The laws of a number of constituent entities of the Russian Federation emphasize that in some cases, settlements with a smaller population that are of great socio-economic importance, the prospect of further economic development and population growth can be attributed to the category of cities of regional and district significance, workers, resorts and summer cottages. The procedure for classifying settlements as urban and rural, their transformation from one category of settlements to another, or any other change in their status is determined by the law of the subject of the Russian Federation on the basis of territorial planning documents of the subject of the Russian Federation and municipalities. The laws of a number of constituent entities of the Russian Federation provide for the grounds and procedure for changing the status of a settlement due to a change in population.
The assignment of settlements to the category of cities of regional and district significance or settlements is carried out by the representative body of power of the constituent entity of the Russian Federation. Thus, in the Volgograd region, these decisions are made by the Volgograd regional Duma on the conclusion of the head of the administration of the Volgograd region on the basis of proposals from state bodies and (or) representative bodies of municipalities. Changing the status of settlements and rural settlements is also carried out through the adoption of resolutions of the Volgograd Regional Duma.
Thus, the legislation of the constituent entities of the Russian Federation largely adopted the structure and criteria for dividing settlements into cities (of regional and district significance), workers, resort and summer cottages, and rural settlements that existed back in the USSR in the USSR. Note that back in the 1920s, Soviet land legislation divided all settlements into two categories: urban settlements and rural settlements. This classification excluded workers, resorts and holiday villages, legal status which are subject to special provisions. However, if we analyze the legal acts on the status of a working settlement, a dacha settlement, a resort settlement, we can find only slight differences in the legal regime in terms of planning and building features. Otherwise, their legal status did not differ.
As indicated in the above legal acts, lands were allocated to all three types of settlements on a common basis in the generally established order, and land relations in summer cottages, workers, resort settlements were regulated on the basis of the Regulations on land regulations in cities. Attention was drawn to this circumstance in the legal literature, where, in particular, it was noted that “ legislative acts do not distinguish between urban-type settlements and workers' settlements," and in a number of cases, "the legislation of many Union republics classifies resort settlements as urban." Thus, initially the legislator equated the status of a worker, resort and holiday village with the status of an urban settlement and did not distinguish significant differences between the legal regime of a city and a worker, holiday, resort village.
In a separate normative act, the grounds and procedure for classifying settlements as cities (of regional, regional, republican subordination and local significance), workers' and resort settlements were formulated. For example, settlements at large factories, mines, mines, power plants, railway stations, construction of large hydraulic structures and other economically important facilities, with a population of at least 3 thousand people, if this population includes at least 85% of workers, employees and members of their families.
The laws of the constituent entities of the Russian Federation adopted these norms, in most cases verbatim, despite the fact that the socio-economic, state-political situation in the country has fundamentally changed. In our opinion, the placement of settlements as part of rural settlements, implemented in a number of laws of the constituent entities of the Russian Federation, deserves support, however, it is difficult to agree with the division of settlements as a category of settlements into two parts - into workers, resorts (and in a number of regions also dachas) and settlements. classified as rural settlements. The division of settlements into types seems redundant. Otherwise, it becomes necessary to reflect, through the introduction of new names of settlements, the modern realities of the formation of places of compact residence of citizens in the suburbs - cottage settlements, etc.
Meanwhile, objectively there are certain legal differences, on the one hand, in the status of a city, and on the other hand, in the status of a settlement and a rural settlement. First, the fundamental difference lies in the fact that cities, as a rule, are independent municipalities (or several municipalities have been created on the territory of the city - intracity territories). In them, the representative and executive bodies of local self-government of the city have the right to independently dispose of municipal property in accordance with applicable law, including land property.
At the same time, settlements and rural settlements are usually not independent municipalities, but are part of rural settlements as municipalities, administratively subordinate to the head of the local self-government body and do not, for example, have their own budget, municipal property, etc.
So, according to Art. 6 of the Charter of the Volgograd Region, on its territory there are 6 cities of regional significance and 33 administrative districts, including cities of district significance, village councils and other territorial units. Settlements and rural settlements located in these areas are not municipalities, but are independent settlements.
It seems that one locality cannot be part of another - in this case, its legal status changes. However, federal, regional and municipal regulations are not always consistent with this conclusion. According to Article 2 of the Law of St. Petersburg dated June 7, 2005 No. 237-ZO "On the organization of local self-government in St. Petersburg", the intracity municipality of St. Petersburg is part of the territory of the federal city of St. Petersburg (municipal district, city, settlement), within the boundaries of which local self-government is exercised by the population directly and (or) through elected bodies of local self-government. Thus, the composition of the city of federal significance includes some other cities and towns.
Similar examples can be given for other subjects of the Russian Federation. Meanwhile, in our opinion, the identification of the concepts of a microdistrict and a settlement is not permissible. It seems logical that if a village or a settlement is included in the boundaries of a city, it should change its legal status and become a street, microdistrict or other administrative part of the city. Therefore, the boundaries of administrative-territorial units (i.e., the boundaries of cities of regional, regional, republican significance) and the boundaries of the corresponding municipalities should coincide, which will prevent the terminological confusion that exists today, in terms of the possibility of finding one settlement within another.
At the same time, it seems reasonable to take into account the historical and cultural traditions on the territory of an urban district or other municipality associated with the names of individual localities that are part of it. For example, on the territory of the city of Volgograd, there are several “settlements” that are administratively part of the corresponding districts of the city, but are traditionally referred to by residents and local authorities as settlements, for example, Nizhny Settlement (on the territory of the Traktorozavodsky District) or the settlement named after. M. Gorky (part of the Soviet district of the city of Volgograd).
A number of authors distinguish, in addition, such settlements as Metallurgov (Krasnooktyabrsky district), Nizhnyaya Elshanka, Kuporosny (Sovetsky district), Beketovka (Kirov district) and others. This name was given to “settlements” at the turn of the 19th-20th centuries, when the center of the city of Tsaritsyn was intensively developing, and places of resettlement of workers were formed on the outskirts. These names, of course, represent the historical and cultural value, which can be reflected in the names of stops of city transport, however, the indication in regulatory legal acts of such a division of the city seems unreasonable.
Significant differences in legal regime lands of cities, towns and rural settlements consist in different land tax rates for land plots of the same size and quality located in cities (towns) and rural settlements (due to their different cadastral value, as a percentage of which the land tax is calculated), due to purely economic reasons.
Thus, the status of the settlement and the division of settlements into workers, resorts and summer cottages is controversial. The legislator of the Federation and the subject of the Russian Federation in some cases equates settlements with cities, in other cases - with rural settlements. There are also no fundamental legal differences between various subspecies of urban-type settlements - workers, resort and summer cottages, for example, in terms of the grounds for acquiring and terminating rights to land plots, turnover of land plots, land protection, etc. At the same time, the validity of the very division of settlements into categories of urban and rural should be recognized.
In some cases, the federal legislator directly addresses legal norms to specific types of settlements. So, the Law of the Russian Federation "On the status of Heroes Soviet Union, Heroes of the Russian Federation and Full Cavaliers of the Order of Glory ” dated January 15, 1993, the above categories of citizens are provided for free receipt of land plots of 0.20 hectares in cities and urban-type settlements and 0.40 hectares in rural areas. Normative acts delimiting the legal status of urban and rural settlements have been adopted not only at the federal level, but also in the constituent entities of the Russian Federation.
In this regard, the division of settlements into urban and rural seems to be justified by a certain specificity of land use in them. If in cities the main purpose of land use is the placement of industrial, residential, cultural, public and business and other similar facilities, then in rural areas the main goal is the rational placement of household plots, areas for grazing livestock, as well as agricultural production within the boundaries of rural settlements .
Therefore, the legislation of the constituent entities of the Russian Federation should take into account the specifics of land use in urban and rural settlements when developing documents for territorial planning and urban planning zoning, in particular, in order to ensure that, when allocating land plots, their maximum (limit) sizes for agricultural use in urban and rural settlements differed significantly in favor of rural.
Summing up, we will formulate a modern scientific legal definition of a settlement and lands of settlements.
Locality- a part of the territory of Russia that has a name, concentrated development and serves as a place of residence for people, subdivided into urban and rural settlements.
Lands of settlements- a category of land in the land fund of Russia, which is a spatial and operational basis for the placement of residential, industrial, public and business, recreational and other life support facilities of the population in accordance with the requirements of urban planning, environmental and land legislation, separated by established boundaries from lands of other categories.
