Types of settlements in Russia. The main types of rural settlements. Locality

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 place permanent residence 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.

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 specialization Agriculture, its concentration and mechanization, the creation of agro-industrial complexes are achievable only 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 find out the meaning of each locality. 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.

According to the All-Russian classifier of territories of municipalities (OKTMO), there are more than 155 thousand different settlements in Russia. Settlements are separate administrative units that involve the settlement of people within a built-up area. An important condition for designating such a territory as a settlement is the permanence of residence on it, albeit not throughout the year, but during the seasonal period.

Problems of defining and comparing settlements

For an uninitiated person, all settlements are divided into cities and villages. However, their classification is much more diverse. AT modern world it is difficult to independently understand all the intricacies of the distribution between the territories. The boundaries of cities, as they expand, create new areas, are blurred, absorbing adjacent villages. What yesterday was part of another region, today is subject to new administrative centers.

Nevertheless, the classification concerning the division of populated and equipped territories according to the principle "city / village" is the most common not only in our country, but throughout the world. The complexity of the choice of criteria is due to various factors, this is especially clearly seen in sparsely populated areas.

What is a city?

The city is much easier to define. Such settlements are the largest settlements of people within a single territory. At the same time, a city is a settlement, the population of which is not employed in agriculture and industries related to it. Typical urban occupations are industry, trade, science, and culture. In addition, such administrative units have their own distinctive, purely individual features.

What makes a city stand out, what makes it special?

Most often this is a large population density of people. On average, this number exceeds several tens of thousands per square kilometer. To provide all people with housing, it is necessary to create special housing, which is also typical for the city. Urban architecture in last years tends to look for new opportunities in order to fit the maximum possible number of residential premises on the smallest possible plot of land. Thus, cities grow not only in breadth, but also upwards.

Urban settlements are also the concentration of the cultural, political, legal life of a country or a separate region. Most often this is due to the fact that it is in the city that the administrative and economic hub of a certain region is located. This contributes to the creation of a certain center that collects the best specialists, technology, institutions and resources.

Is urbanization as good as it seems at first glance?

The concentration of opportunities in one place leads to what the authorities are trying to fight, but, perhaps, so far without success. This is a rapid decline in the number of the population. This happens for various reasons - a high death rate, despite the fact that the birth rate is very low. The outflow of young people to cities also provokes a lack of work, a cultural environment, places of recreation, a low standard of living and an absolutely destroyed infrastructure.

Differences of cities, their types by the number of inhabitants

City city discord. The distance between settlements belonging to cities can be several tens and hundreds of kilometers. This unevenness of urbanization is especially clearly visible in such a big country like Russia. And if in the North-Western, Central regions about 80% of the population lives in large settlements, then in Altai, Ingushetia, Kalmykia - no more than 40%.

The life of some citizens revolves around the industrial zone, others are focused on administrative affairs, there are so-called military camps. The main area of ​​activity of such settlements is the service of a military unit located in the immediate vicinity of the city. Such settlements are most often closed-type settlements; their inhabitants are recorded not in hundreds and tens, but in units.

However, the share of cities among the total number of settlements is not so high. About 75% of the total population of the country lives in cities (this trend is common throughout the world), but their number in relation to villages is many times less. For example, according to the state register, there are a little more than a thousand in the Russian Federation, while the total number of villages and villages exceeds a hundred thousand.

Division of villages by type

Rural settlements are very difficult to classify. Settling in different regions of the country took place in different ways. Historically, some areas, due to their proximity to trade routes, natural resources, industrial enterprises are more densely populated. The distance between settlements in these regions is small. The districts are clearly divided, and each has its own structure, subordination to the center, management hierarchy.

In general, it can be divided according to two main features - the number of people living and the scope of employment.

My village, I'm proud of you!

A village is not always a small settlement with a dozen households. Places where functioning enterprises are located, agriculture is developed, can have up to 10 thousand people. Such villages are equipped with good roads, their own educational, cultural, medical institutions, post office and retail outlets. Most often, this is an economically developed area, the settlement of which belongs to it and is not in an abandoned state, in the future it can claim to be even larger.

Since the classification of settlements depending on the number of people living in them is not legally fixed in Russia, it happens that villages can be larger than small towns.

Differences between a village and a village

The boundaries of settlements that fall under the definition of "village" are very small. Most often they do not go beyond one or two dozen households, and the total number of inhabitants does not exceed several hundred. In such places, the life of people is not very well established. The nearest shops, feldsher points can be located at a distance of several kilometers. At the same time, such settlements often lack elementary conditions for life - mobile communications, the Internet, gas, normal transport interchanges. The state is really trying to improve life in the most remote corners of the country, but the main problem remains the outflow of young people from the villages. Thus, over the past few decades, according to the state register, 14 settlements have received the status of "former settlement" due to the absolute departure of residents.

What is a farm?

One of the smallest formations that fall under the status of individual villages are farms. Most often, this is a remote group of houses or even one yard. People in them have land, livestock. They may be busy in the forest, water management, cultivate agricultural land. There may sometimes not be a great distance between settlements of larger sizes and a farm. They can be located across the forest, the river, united by one road, but still being different administrative units.

In addition, there are many other types of settlements that specialize in certain activities. For example, dacha cooperatives, resort towns, sanatoriums, forestries, railway stations and even roadblocks.

There are also settlements that are characteristic of some nationalities, reflecting the mentality and culture of the historical territory (village, ulus, sum, village).

The first settlements began to appear in ancient times. What is a locality? And what kinds of them exist today?

The locality is...

A settlement is understood as a place of accumulation of people who live in it permanently or temporarily. This is a special territory with a complex of residential buildings and infrastructure facilities (roads, pipelines, communal, cultural and community buildings, and so on).

Settlement is the primary link in the system of resettlement of the population of a certain territory. It can be a small village, an urban-type settlement, or a large city.

A characteristic feature of any settlement is the constancy of the use of its territory by people for living. Speaking of independent public education, then one of its settlements has the status of a central one and is called the capital.

Main types of settlements

The main types of modern settlements are as follows:

• city;
• rural settlement;
• settlement.

A city is usually called a relatively large (compared to other settlements) settlement, the inhabitants of which are mainly employed in industry and the service sector. Cities, as a rule, are administrative, scientific, cultural and industrial centers of their countries or territories. These are peculiar "locomotives" of social and economic development of any region.

Unequivocally answer the question which settlement can be considered a city, modern science can not. In past historical eras, this problem was solved much more simply. Yes, at the time Kievan Rus a city (city) was any settlement surrounded by a rampart or a fortified defensive wall. Later, the status of a city in Europe was received by settlements that had the right to trade.

Today, the main criterion for determining the city is the population. Moreover, for each state, this parameter may be different. For example, in Denmark, a city can be a locality where only 250 people live. But in Japan, the number of inhabitants in it should be at least 50 thousand.

To date, urbanists classify all cities in the world into small (up to 50,000 inhabitants), medium (50,000-100,000), large (from 100,000 to 1 million) and million-plus cities (over 1 million people).

An urban-type settlement (abbreviated as urban-type settlement) is a settlement that, in terms of population and other parameters, occupies an intermediate position between a city and a village. The concept was introduced during the Soviet era. On modern post-Soviet space urban settlements have been preserved in almost all states, except for Latvia, Lithuania and Moldova.

Finally, rural settlements include villages, villages, as well as villages, villages, farms, etc. There are no fundamental differences between the concepts of "village" and "village" in Russia. Although historically a settlement was called a village, in which there was a church with a bell tower. On the this moment within the territory of Russian Federation there are at least 150 thousand rural settlements.

Zoning of settlements

In urban planning and land use, it is customary to distinguish three main zones of settlements:

1. Residential (residential buildings, boulevards, public utilities, as well as social infrastructure facilities are located here).
2. Production (here are various industrial enterprises and related facilities).
3. Recreational (forest park zones, squares and gardens are concentrated here, summer cottages, reservoirs, etc.).

Conclusion

A settlement is understood as a territory in which people permanently (or temporarily, seasonally) live. City, village, and urban-type settlement are the main types of settlements for Russia, as well as many other countries of the world.

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 municipality". 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.