Redistribution of powers between government bodies. Redistribution of powers of subjects of the Russian Federation and municipal entities in the field of urban planning activities

Law of the Moscow Region

On the redistribution of powers between local governments municipalities Moscow region and bodies state power Moscow region

Article 1.

This Law In accordance with Part 1 of Article 17 of the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" redistributes the authority of local governments of urban, rural settlements, municipal districts, city districts of the Moscow region to address issues local significance Between local governments and state authorities of the Moscow region.

Article 2.

1. The Government of the Moscow Region or the central executive bodies of the Moscow Region authorized by the Central Executive Bodies exercise the powers of local governments of urban settlements by:
1) preparation and approval of the master plan of the urban settlement, as well as to make changes to it;
2) preparation and approval of land use rules and buildings of urban settlements, as well as on making changes in them;
3) preparation and approval of the documentation for the planning of the territory (projects of planning the territory, projects of the territory of the territory, town planning plans land plots) in urban settlements on the basis of master plans of urban settlements, land use rules and buildings of urban settlements (excluding general plans and land use rules and buildings of urban settlements in cases provided for by federal laws);
4) making decisions on the development of built-up areas, in terms of determining their location, area of \u200b\u200bthe territory, the list of addresses of buildings, buildings, structures to be demolished, reconstruction;
5) organization and auction for the right to conclude an agreement on the development of the built-up territory (with the exception of the decision to conduct auction), including in terms of determining the price of the right to conclude a treaty on the development of the built-up territories;
6) issuing a permit for the construction, permits for commissioning sites in the implementation of construction, reconstruction of objects capital constructionlocated on the territory of urban settlements;
7) making a decision on the provision of permission to the conditionally allowed type of use of the land plot or the object of capital construction;
8) decisions on the provision of permission to deviate from the limit parameters of permitted construction, reconstruction of capital construction facilities;
9) making a decision on the change in one type of permitted use of land for another type of such use;
10) Approval technical tasks to develop investment programs of an organization that carries out hot water supply, cold water supply and (or) drainage on the territory of urban settlements;
11) approval of the heat supply schemes of urban settlements with population from ten thousand to five hundred thousand people;
12) approval of water supply and drainage schemes of urban settlements with population from ten thousand to five hundred thousand people;
13) establishing allowances for tariffs for services of the communal complex organizations specified in paragraph 7 of Part 2 of Article 5 of the Federal Law of December 30, 2004 No. 210-ФЗ "On the basis of regulation of tariffs for organizations of a communal complex";
14) determining the procedure for the activities of public cemeteries, crematoriums.
2. The Government of the Moscow Region or the central executive bodies of the Moscow Region authorized by him carry out the powers of local governments of rural settlements by:
1) establishing allowances for tariffs for services of the communal complex organizations specified in paragraph 7 of part 2 of Article 5 of the Federal Law of December 30, 2004 No. 210-FZ "On the basics of regulation of tariffs for organizations of a communal complex";
2) determining the procedure for the activities of public cemeteries, crematoriums.
3. The Government of the Moscow Region or the central executive bodies of the Moscow Region authorized by the Central Executive Bodies exercise the authority of local governments of municipal regions by:
1) preparation of schemes for territorial planning of municipal districts, as well as to make changes in them;
2) preparation of master plans for rural settlements, as well as to make changes in them, with the exception of the powers stipulated by the parts 2-8 of Article 28 of the Urban Planning Code of the Russian Federation;
3) the preparation of land use rules and building rural settlements, as well as on the preparation of changes in them, with the exception of the powers stipulated by the part 11-14 of Article 31 and Parts 1-3 of Article 32 of the Urban Planning Code of the Russian Federation;
4) the preparation and approval of the documentation for the planning of the territory (projects of the territory planning, the projects of the territory, urban planning plans of land plots) on the basis of documents of territorial planning of the municipal district (without taking into account documents of territorial planning of the municipal district in cases provided for by federal laws), if such documents are provided for placement of linear objects of local significance;
5) preparation and approval of the documentation for the planning of the territory (project planning projects, land projects, territory of urban planning plans of land) on the basis of the master plan rural settlement (except for the case installed part 6 Articles 18 of the Town Planning Code of the Russian Federation), land use rules and development rules (excluding the master plan and land use rules and the development of rural settlements in cases provided for by federal laws), with the exception of the powers provided for by parts of 5-12 of Article 46 of the Urban Planning Code of the Russian Federation ;
6) issuance of building permits, permits for commissioning, in the implementation of construction, reconstruction of capital construction sites located on the territory of rural settlements;
7) issuing a permit for the construction, permits for the commissioning of facilities, in the implementation of construction, reconstruction of capital construction facilities in the event that the construction of the capital construction facility is planned to be carried out on the territory of two and more settlements;
8) making a decision on the provision of permission to the conditionally allowed type of use of the land plot or the object of capital construction;
9) making a decision on the provision of permission to deviate from the limit parameters of permitted construction, reconstruction of capital construction facilities;
10) making decisions on the development of built-up areas, in terms of determining their location, area of \u200b\u200bthe territory, the list of addresses of buildings, buildings, structures to be demolished, reconstruction;
11) organization and auction for the right to conclude an agreement on the development of the built-up territory (except for the decision on the auction), including in terms of determining the price of the right to enter into an agreement on the development of the built-up territories;
12) Maintenance information systems Property town planningcarried out in the territory of municipal districts;
13) approval of technical tasks for the development of an organization's investment programs carrying out hot water supply, cold water supply and (or) drainage on the territory of rural settlements;
14) approval of heat supply schemes for rural settlements with population from ten thousand people;
15) approval of water supply and drainage distribution schemes with population from ten thousand people;
16) disposal of land plots state ownership which are not demarcated;
17) deciding on a change in one type of permitted use of a land plot on the territory of a rural settlement, located within the boundaries of the municipal district, to another type of such use;
18) the transfer of land owned land from one category to another;
19) the establishment of allowances for tariffs for services of the communal complex organizations specified in paragraph 7 of part 2 of Article 5 of the Federal Law of December 30, 2004 No. 210-FZ "On the basics of regulation of tariffs of the communal complex organizations";
20) issuance of permission for the right to organize a retail market in the territory of the municipal district;
21) determine the procedure for the activities of public cemeteries, crematoriums;
22) organization of disposal and processing of household and industrial waste;
23) Approval of investment programs of organizations of the communal complex for the construction, reconstruction and (or) modernization of objects used to dispose, neutralizing and disposal of solid household waste.
4. The Government of the Moscow Region or the executive executive authorities of the Moscow Region authority of the local government authorities of urban districts by:
1) the preparation of the general plans of urban districts, as well as to make changes in them, with the exception of the powers provided for by the parts 2-8 of Article 28 of the Urban Planning Code of the Russian Federation;
2) preparation of land use rules and buildings of urban districts, as well as to make changes in them, with the exception of the powers stipulated by the part 11-14 of Article 31 and Parts 1-3 of Article 32 of the Town Planning Code of the Russian Federation;
3) preparation and approval of the documentation for the planning of the territory (projects of the territory, projects of the territory, city planning plans of land plots) on the basis of master plans of urban districts, land use rules and buildings of urban districts (excluding master plans and land use rules and buildings of urban districts in cases provided for by federal laws), except for the authority to organize and conduct public hearings on project planning projects and projects for the integration of the territory of the urban district;
4) issuance of building permits, permits for commissioning sites, in the implementation of construction, reconstruction, overhaul capital construction objects located in the territory of urban districts;
5) making a decision on the provision of permission to the conditionally allowed type of use of the land plot or the object of capital construction, with the exception of the organization and holding of public hearings;
6) making a decision on the provision of permission to deviate from the limit parameters of permitted construction, reconstruction of capital construction facilities, with the exception of the organization and conduct of public hearings;
7) conducting information systems for the provision of urban planning activities carried out in the territories of urban districts;
8) making decisions on the development of the built-up territories in terms of determining their location, area of \u200b\u200bthe territory, the list of addresses of buildings, buildings, structures to be demolished, reconstruction;
9) organization and auction for the right to conclude an agreement on the development of the built-up territory (with the exception of the decision to conduct auction), including in terms of determining the price of the right to enter into an agreement on the development of the built-up territories;
10) the disposal of land plots, state ownership of which is not demarcated;
11) making a decision on the change in one type of permitted use of the land plot to another type of such use, with the exception of the organization and conduct of public hearings;
12) the transfer of land owned land from one category to another;
13) issuance of permission for the right to organize a retail market in the territory of the urban district;
14) determining the procedure for the activities of public cemeteries, crematoriums;
15) approval of the heat supply schemes of urban districts with population from ten thousand to five hundred thousand people;
16) approval of water supply and drainage schemes of urban districts with population from ten thousand to five hundred thousand people;
17) approval of technical tasks for the development of investment programs of an organization that carries out hot water supply, cold water supply and (or) drainage on the territory of urban districts;
18) establishing allowances for tariffs for services of the communal complex organizations specified in paragraph 7 of part 2 of article 5 of the Federal Law of December 30, 2004 No. 210-FZ "On the basics of regulation of tariffs of organizations of a communal complex";
19) organization of disposal and processing of household and industrial waste;
20) approval of investment programs of organizations of a communal complex for the construction, reconstruction and (or) modernization of objects used to dispose, neutralizing and disposal of solid household waste.
5. The powers of local governments approving the rules of improvement of the territory establishing the requirements for the content of buildings (including residential buildings), structures and land plots on which they are located, to the appearance of facades and fences of the respective buildings and structures, a list of works on improvement (including street lighting, cleaning and gardening, installation of pointers with street names and house rooms, placement and maintenance of small architectural forms) and the frequency of their implementation; The establishment of the procedure for the participation of the owners of buildings (premises in them) and structures in the improvement of adjacent territories is carried out by the state authorities of the Moscow region in accordance with the Law of the Moscow Region.

Article 3.

1. Accounting for the opinion of the Government of the Moscow Region in the implementation by local governments of urban settlements, municipal districts, urban areas of authority to create conditions for the provision of transport services to the population and the organization of transport service of the population in the territory of the municipality is carried out in the manner prescribed by the Law of the Moscow Region.
2. Accounting for local self-government bodies in the implementation of the powers provided for in paragraphs 1-4, 10-12 of Part 1, paragraphs 1-5, 10, 14, 15 of part 3, paragraphs 1-3, 8, 15, 16 of part 4 of Article 2 This Law is carried out in the manner prescribed by the Government of the Moscow Region.

Article 4.

1. The state authorities of the Moscow region the powers provided for in Article 2 of this Law are carried out at the expense of the budget of the Moscow region for the relevant financial year and on the planning period.
2. The laws of the Moscow Region, adopted before the day of the entry into force of this Law and regulatory relations related to the implementation of redistributed authority applied in part not contrary to this Law.

Article 5.

1. In order to organize the redistribution of the powers specified in Article 2 of this Law, from the date of the official publication of this Law before January 1, 2015, the transitional period is established.
2. In the transition period, the Government of the Moscow Region determines and (or) forms the central executive bodies of the state power of the Moscow region, which will exercise the powers specified in Article 2 of this Law, establishes the procedure for the executive bodies of state authorities of the Moscow region of such powers.
The central executive bodies of the Moscow region state authority are powered by Article 2 of this Law, from January 1, 2015.
3. In the transitional period, local governments, carrying out the powers transmitted in accordance with Article 2 of this Law, conclude agreements, municipal contracts, taking into account the provisions of this Law and in the manner prescribed by the Government of the Moscow region.
4. Since January 1, 2015, the charters of municipalities, other regulatory legal acts of local governments, governing the implementation of the powers specified in Article 2 of this Law, operate in part non-contradictory law and regulatory legal acts State authorities of the Moscow region.
5. Formation and approval of the draft budget of the Moscow Region for 2015 and on the planning period 2016-2017 and projects of budgets of municipal formations of the Moscow Region for 2015 and on the planning period 2016-2017 are carried out with regard to this Law.
6. The Law of the Moscow Region, local governments can endure the state powers specified in Article 2 of this Law.

Article 6.

1. The powers specified in Article 2 of this Law are redistributed for a period of 5 years.
2. This Law comes into force on January 1, 2015,
With the exception of Article 5 of this Law.
3. Article 5 of this Law comes into force the day after its official publication.

Governor
Moscow Region A.Yu. Sparrow
"24" July 2014
№ 106/2014-OZ

Mikhail Larin

Fundamental change in the principle of relations between state power and local self-government in the Russian Federation

On May 27, 2014, a federal law with a long name "On Amendments to Article 26.3 of the Federal Law" On the General Principles of Legislative Organization (Representative) and the executive bodies of state authorities of the Russian Federation "and the Federal Law" On the General Principles of Local Self-Government Organization in the Russian Federation "(hereinafter - the Law 136-FZ).

In this law, it is greatly interested in the addition, the appearance of which means the fundamental change in the principle of relations between state power and local self-government in the Russian Federation. The federal legislator allowed the subjects of the Russian Federation to redistribute the powers between the regional and local control levels. Such a redistribution is carried out by the laws of the constituent entity of the Russian Federation.

The history of the distribution of powers between the central authorities, regional and local long, is beginning to be held since the legislation of the SSR 1990 Union. Currently, the law "On the General Principles of Local Self-Government Organization in the Russian Federation" is current, from 06.10.2003 N 131-FZ, in which 114 changes have already been made (hereinafter - the Law "On General Principles").

Over the past 20 years, various bodies and commissions have been engaged in the reform of local self-government, numerous techniques were used. They tried to decentralize power and delegate more powers to regions. All this reflects the attempts of power on the one hand to find the optimal control mechanism, and on the other, to ensure the balance of budgets of all levels.

Distribution problems arise due to several objective conditions:

1. Geographical location of the manager. In Moscow, you can get to the government of the District of the Russian Federation public transport 0.5-2.5 hours. In the Krasnoyarsk Territory to the government from some seats will have to fly helicopter.
2. Climatic conditions. The elementary need to clean the road from snow on Chukotka is more acute than in the Krasnodar Territory.
3. Regions in economic terms are unevenly developed while this inequality is on local level leveled at the expense of funds federal budgetsent through the budget of the region. By 2015, in practice, the municipalities had two problems: insufficient funding that did not allow them to fulfill their functions in full, and insufficient responsibility for decisions made, especially in the construction sector.

Based on the fact that the subjects of the federation differ from each other, as well as municipal entities, federal power Solved the issue of the distribution of powers to give the subject to subjects. In general, this approach looks logical, the subject of the Federation himself takes into account what authority can be carried out by its bodies, and which are municipal. In one degree or another, 27 subjects of the Russian Federation took advantage of this opportunity since the beginning of the year.

For example, take the Moscow region as the leader of this list by economic Development. The Moscow region decided to redistribute the powers and part of the functions of municipalities transferred to the level of the region. The next step in the Moscow region part of these powers returned back with the condition for coordinating the decisions of municipal authorities with regional authorities.

Mostly redistributed issues of reference related to urban planning activities, construction and land relationships. From 01/01/2015, the Moscow region, in particular, makes decisions on issues:

Preparation and approval of the territory planning documentation (territory planning projects, projects of the territory, urban planning plans of land);
- issuance of building permits, permission to commissioning facilities;
- on the development of built-in territories;
- on granting permission to the conditionally allowed type of use of a land plot or an object of capital construction;
- On providing permission to deviate from the limit parameters of permitted construction.

From January 2015, for the urban planning plan of the land plot, development permits and commissioning have to contact the Ministry of the Construction Complex of the Moscow Region. That is, the most important documents for construction are now issued not municipalities, but the Moscow region.

In its pure form in the field of construction, the municipalities remained authority only in part of individual housing construction.

Issues of preparation and approval of the general plans, land use and development rules, etc. Must be decided together with municipalities on the principle of "two keys". At the same time, the proposals of local authorities are taken into account, but the area can always block them and, therefore, insisted in their opinion. For example, the decision to change the type of permitted use of the land plot passes the coordination of the Ministry property relations and the City Planning Council of the Moscow Region, in total at the level of the subject, is carried out up to five actions in coordinating the decision. It seems that the speed of such a procedure leaves much to be desired.

As I showed communication with the staff of the Ministry of Construction Complex MO at the beginning of 2015, the state orders were organizationally not ready for the large amount of applications for redistributed authority. For example, the Regulations on obtaining a city planning plan of the land plot, although it was formally adopted in December 2014, but published much later. Acceptance of documents B. multifunctional centers Not carried out, and only one employee was engaged in the ministry.

Statistics issued documents also do not inspire optimism. In the first quarter of 2015, the Moscow region authorities issued 165 building permits. Much this or a little - about 55 per month for the entire Moscow region, in which there are 77 cities and 7,231,068 people. At the same time in Moscow (including new Moscow) for the same period, 373 construction permits were issued, i.e. more than 2 times more. Recall that Moscow did not redistributed the authority under the Law of 136-FZ, they were distributed quite a long time, and in Moscow there is a well-established public administration system.

The concept of redistribution of authority enters into a serious conflict with the concept of (constitutional) independence of local self-government. It is difficult to disagree with some researchers who argue that instead of separation, a consistent embedding of local governments into the vertical government is underway. Initially, such a tactic was tested in Moscow - municipalities located within the borders of the "Old Moscow" are mainly engaged in the organization of festive and sports events. At the same time, all areas of Moscow are superbly managed from the mayor's office using prefectures and management.

In principle, this is an effective course in the modern realities of Russia and it can bring positive results. At the same time, the independence of local authorities will significantly decrease, however, the population was not particularly interested in the possibilities of self-government, it is unlikely that such interest will appear in the future. At the same time, the best control over the local authorities can improve the situation of the population and entrepreneurs.

However, as often happens, very good ideas are divided into mediocre implementation. Given that the interaction of all organs is not yet distinguished by speed and deposit, in fact there are currently positive effects from innovations.

One of the conceptual moments of the Federal Law No. 131-FZ is to assign the regulation of the competence of local self-government to subjects federal Maintenance. The changes made to this law by Federal Law of May 27, 2014 No. 136-FZ were given to the delimitation of authority to determine the competence of local self-government more flexible nature on the basis of strengthening federal began legal regulation in this domain. In Federal Law No. 131-FZ (part 1.2 of Art. 17), as well as in the Federal Law "On the General Principles of Legislative Organization (representative) and the executive bodies of state authorities of the Russian Federation" (Part 6.1 of Art. 26.3), introduced a new The Institute of Redistribution by the Laws of the Directors of the Russian Federation authority between local governments and state authorities of the subject of the Russian Federation. The meaning of this novel is to ensure differentiated legal regulation of the competence of municipal formations of various types, taking into account regional conditions and features by transferring to the level of the subject of the Russian Federation (in the order of redistribution) powers on local importance, the execution of which through local self-government is facing specific conditions with objective Difficulties that do not allow to achieve the desired social result, and which can be more effectively implemented with the help of regional state power.

By itself, the possibility of redistribution of powers between regional and municipal authorities by transferring certain powers of local governments to the level of the subject of the Russian Federation does not differ with the constitutional requirements imposed on the legal regulation of the competence of local self-government, which, however, determine the coordiner regime of its implementation. The Constitutional Court of the Russian Federation in the decision of November 30, 2000 No. 15-P concluded that the transfer of local government authorities on the basis of the contract by state authorities is contrary to the Constitution of the Russian Federation, since: first, leads to restriction of local governance and authority belonging to him on local issues, which is one of the foundations constitutional status local self-government, which cannot be changed by the legislator; Secondly, the transfer of municipal powers of state authorities as leading to restriction of local governments directly affects the regulatory content and completeness of citizens' rights to carry out local governments, which is ultimately related to the regulation of human rights and freedoms and citizen and, thus applies to the maintenance of the Russian Federation (paragraph "B" of Art. 71 of the Constitution of the Russian Federation), and not subjects of the Russian Federation. Thus, the Constitutional Court of the Russian Federation has not rejected as such a transfer of powers of local authorities to the state authorities of the constituent entities of the Russian Federation, but it has established that it is permissible only in accordance with federal law and only in relation to the authority of local self-government bodies on issues that are not directly related to their competence Constitution of the Russian Federation. The current legal regulation of the redistribution of powers between the regional and municipal authorities takes into account these approaches of the Constitutional Court of the Russian Federation, since it comes from the federal legislative framework This institute does not allow the credentials of the authorities of the state authorities of the Russian Federation authority of local governments in the areas of municipal property management, formation, approval and execution of the local budget, public order, establishing the structure of local governments, changes in the boundaries of the territory of the municipality, namely, they characterize the functional and legal content of the constitutional status of local self-government (part 1 of article 130,

part 1 Art. 132 of the Constitution of the Russian Federation), as well as the authority to adopt (change) the charter of the municipality, the establishment of official symbols of the municipality, the establishment of a printed mass media, the implementation of international and foreign economic relations, and besides the authority in the exclusive competence of the representative body of the municipal formation.

At the same time, the newly introduced institution of redistribution of authority requires weighted, including critical, assessments, bearing in mind both the potential risks associated with its implementation for the sustainable functioning of local self-government and existing (and very significant) reserves for further improvement of the deletion mechanism of powers between Public power levels based on consistent commitment to the federal origin of Russian statehood.

First of all, there is no doubt that the term "redistribution of authority" is used to settle the term "redistribution of authority" for the purpose of resolving the relevant relationship, which literally covers any directions of the powers: both from municipalities to regional and from regional to municipal authorities. However, by virtue of Part 1 of Art. 19 of the Federal Law No. 131-ФЗ Powers of local governments established by federal laws and laws of the subjects of the Russian Federation on issues not referred to in accordance with the data of the Federal Law on local importance issues are separate government powers transmitted to the implementation of local governments. Redistribution by the Law of the Directory of the Russian Federation of Powers by consolidating the authorities of the Public Authority of the Public Authority of the Directory of the Russian Federation meant the retreat from the procedure for delegation established by Federal Law No. 131-FZ and, respectively, violations established by Federal Law No. 131-FZ constitutional law local self-government. Therefore, redistributed, i.e. On the basis of the law of the subject of the Russian Federation, only the authority of local government bodies can only be changed, but not the powers of regional government bodies.

It also covers that the application of a newly introduced legal structure of the redistribution of powers, allowing the subjects of the Russian Federation to take public challenges entrusted to local government, is not due to the observance of established at the level federal Law Any criteria on the basis of which are subject to solving issues of the need to redistribute powers, as well as the end of such redistribution, i.e. Assigning powers again to the competence of local governments. At the same time, the redistribution of various powers in relation to the municipalities of one species or a uniform redistribution of powers in relation to municipal formations of various types or redistribution of powers in relation to specific municipalities is individually or a list. Corresponding only that the redistribution of powers is allowed for a period of no less term of office of the regional parliament, it begins with the next financial year and cannot concern constitutional powers Local government, the federal legislator leaves unanswered, in particular, important questions about: What is the maximum permissible amount of the redistribution of powers in relation to local importance, and can be attributed to the level of the subject of the Russian Federation authority on such a matter of local importance in full volume; Does the redistribution of powers imply at the same time redistribution public propertyproviding their implementation and in what order of property should be distinguished if it is necessary, and whether the relevant municipalities are required to participate in financial Security redistributed authority; Whether the mechanism of empowering local governments is distributed to the redistributed authority.

In the Federal Law No. 131-FZ, there is no certainty regarding whether mandatory condition Redistribution by the Law of the Directory of the Russian Federation of the authority delimited at the federal level, the presence of a special indication of the possibility of such a redistribution in the relevant industry federal law. On the one hand, federal law

No. 131-FZ has a collizonic priority when applied in relation to other federal laws in the field of local self-government, and its standard of Part 1.2 of Art. 17 Contains the general authority of the constituent entities of the Russian Federation to perform the redistribution of authority. On the other hand, in the Federal Law of December 29, 2014 No. 485-ФЗ, the legislator considered it necessary to list specific sectoral federal laws containing the powers of local governments in respect of which it is possible to redistribute, and this is a reflection of a different approach that suggests that The absence of this kind of special indication in the sectoral federal law redistribution of the relevant authority excludes. It seems that the interpretation of the Institute of Redistribution of Powers, since its application is associated with the restriction of local governments, should not be a spread (expansion) character, and requires a narrow approach. The subjects of the Russian Federation may not restrict the implementation of local self-government, including by narrowing its subject-functional sphere of activity, in the absence of directly stipulated by the federal law. The overall permitting subjects of the Russian Federation to fulfill the powers deleted by the Federal Law questioning the principle of the rule of federal law as an act specifizing the constitutional delineation of the powers between the levels of public authorities. As for the priority of Federal Law No. 131-ФЗ, it cannot be interpreted in the sense of its distribution on all areas of relations in which they participate municipal authorities authorities.

Obviously, the designated issues require additional legislative settlement to ensure the necessary guarantees of the competence definiteness of local self-government, its legal security. At the same time, in this case, the legal positions of the Constitutional Court of the Russian Federation developed in the decision of December 1, 2015 No. 30-P were taken into account, in order to conduct a constitutionally informed differentiation of municipalities for the purposes of legislative regulation of the Russian Federation related issues related to their legal statusUnder the legal positions of the Constitutional Court of the Russian Federation on the inadmissibility of solving the issues of redistribution of public property in connection with the delimitation of powers unilaterally, without the will of the relevant municipality (definitions of December 4, 2007 No. 828-O-P and on March 5, 2009 № 401-0-0). It is on the federal legislator that lies the main constitutional duty For the formation in the form of the general principles of the necessary and sufficient legal guarantees of local self-government, including in the competence. At the same time, it is justified by the adoption by the subjects of the Russian Federation in the form of an advance regulation of special legislation aimed at regulating the procedure for the redistribution of powers between the state authorities of the constituent entity of the Russian Federation and local governments. Special attention to the legislators and federal, and subjects of the Russian Federation should be paid to the development of procedural mechanisms aimed at ensuring the interaction of state authorities of the subject of the Russian Federation with local government bodies in solving issues of redistribution of powers, as well as the formation of guarantees of identifying and taking into account in one way or another way of the opinion of municipalities on the relevant questions.

Improving the mechanism of redistribution of powers between the state authorities of the constituent entities of the Russian Federation and local governments does not remove other issues related to the development of the competent foundation of local self-government, including the formation of a general regulatory model of distinguishing local issues, on the one hand, and issues state importance, on the other, including, taking into account the possibilities of their intersection in the spheres of a kind of joint "municipal state" maintenance; and providing subjects of the Russian Federation opportunities for the implementation of regulatory concretization, refinement of the contents assigned to local governments in accordance with federal law.

See: Federal Law of December 29, 2014 No. 485-FZ "On the introduction of individual legislative acts Of the Russian Federation on the redistribution of powers between local governments by the state authorities of the constituent entity of the Russian Federation, "// SZ RF.2015. No. 1 (Part I). Art. 38.

Article 1.

This Law In accordance with Part 1 of Article 17 of the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" redistributes the authority of local governments of urban, rural settlements, municipal districts, city districts of the Moscow region Resolving local issues between local governments and state authorities of the Moscow region.

Article 2.

2. The Government of the Moscow Region or the central executive bodies of the Moscow Region authorized by him carry out the powers of local governments of rural settlements by:
1) establishing allowances for tariffs for services of the communal complex organizations specified in paragraph 7 of part 2 of Article 5 of the Federal Law of December 30, 2004 No. 210-FZ "On the basics of regulation of tariffs for organizations of a communal complex";
2) determining the procedure for the activities of public cemeteries, crematoriums.

3. The Government of the Moscow Region or the central executive bodies of the Moscow Region authorized by the Central Executive Bodies exercise the authority of local governments of municipal regions by:
1) preparation of schemes for territorial planning of municipal districts, as well as to make changes in them;
2) preparation of master plans for rural settlements, as well as to make changes in them, with the exception of the powers stipulated by the parts 2-8 of Article 28 of the Urban Planning Code of the Russian Federation;
3) the preparation of land use rules and building rural settlements, as well as on the preparation of changes in them, with the exception of the powers stipulated by the part 11-14 of Article 31 and Parts 1-3 of Article 32 of the Urban Planning Code of the Russian Federation;
4) the preparation and approval of the documentation for the planning of the territory (projects of the territory planning, the projects of the territory, urban planning plans of land plots) on the basis of documents of territorial planning of the municipal district (without taking into account documents of territorial planning of the municipal district in cases provided for by federal laws), if such documents are provided for placement of linear objects of local significance;
5) the preparation and approval of the documentation for the planning of the territory (projects of territories planning, land projects, territory of urban planning plans) on the basis of the master plan for the rural settlement (except for the case established by Part 6 of Article 18 of the Urban Planning Code of the Russian Federation), land use rules and rural buildings settlements (excluding the master plan and land use rules and the development of rural settlements in cases provided for by federal laws), with the exception of the powers stipulated by the parts of 5-12 of Article 46 of the Urban Planning Code of the Russian Federation;
6) issuance of building permits, permits for commissioning, in the implementation of construction, reconstruction of capital construction sites located on the territory of rural settlements;
7) issuing a permit for the construction, permits for the commissioning of facilities, in the implementation of construction, reconstruction of capital construction facilities in the event that the construction of the capital construction facility is planned to be carried out on the territory of two and more settlements;
8) making a decision on the provision of permission to the conditionally allowed type of use of the land plot or the object of capital construction;
9) making a decision on the provision of permission to deviate from the limit parameters of permitted construction, reconstruction of capital construction facilities;
10) making decisions on the development of built-up areas, in terms of determining their location, area of \u200b\u200bthe territory, the list of addresses of buildings, buildings, structures to be demolished, reconstruction;
11) organization and auction for the right to conclude an agreement on the development of the built-up territory (except for the decision on the auction), including in terms of determining the price of the right to enter into an agreement on the development of the built-up territories;
12) conducting information systems for ensuring urban planning activities carried out in the territory of municipal districts;
13) approval of technical tasks for the development of an organization's investment programs carrying out hot water supply, cold water supply and (or) drainage on the territory of rural settlements;
14) approval of heat supply schemes for rural settlements with population from ten thousand people;
15) approval of water supply and drainage distribution schemes with population from ten thousand people;
16) the disposal of land plots, state ownership of which is not demarcated;
17) deciding on a change in one type of permitted use of a land plot on the territory of a rural settlement, located within the boundaries of the municipal district, to another type of such use;
18) the transfer of land owned land from one category to another;
19) the establishment of allowances for tariffs for the services of the communal complex organizations referred to in paragraph 7 of part 2 of Article 5 of the Federal Law of December 30, 2004 No. 210-FZ "On the basics of regulation of tariffs for organizations of the communal complex";
20) issuance of permission for the right to organize a retail market in the territory of the municipal district;
21) determine the procedure for the activities of public cemeteries, crematoriums;
22) organization of disposal and processing of household and industrial waste;
23) Approval of investment programs of organizations of the communal complex for the construction, reconstruction and (or) modernization of objects used to dispose, neutralizing and disposal of solid household waste.

4. The Government of the Moscow Region or the executive executive authorities of the Moscow Region authority of the local government authorities of urban districts by:
1) the preparation of the general plans of urban districts, as well as to make changes in them, with the exception of the powers provided for by the parts 2-8 of Article 28 of the Urban Planning Code of the Russian Federation;
2) preparation of land use rules and buildings of urban districts, as well as to make changes in them, with the exception of the powers stipulated by the part 11-14 of Article 31 and Parts 1-3 of Article 32 of the Town Planning Code of the Russian Federation;
3) preparation and approval of the documentation for the planning of the territory (projects of the territory, projects of the territory, city planning plans of land plots) on the basis of master plans of urban districts, land use rules and buildings of urban districts (excluding master plans and land use rules and buildings of urban districts in cases provided for by federal laws), except for the authority to organize and conduct public hearings on project planning projects and projects for the integration of the territory of the urban district;
4) issuing permits for the construction, permits for the commissioning of facilities, in the implementation of construction, reconstruction, overhaul of capital construction objects located in the territory of urban districts;
5) making a decision on the provision of permission to the conditionally allowed type of use of the land plot or the object of capital construction, with the exception of the organization and holding of public hearings;
6) making a decision on the provision of permission to deviate from the limit parameters of permitted construction, reconstruction of capital construction facilities, with the exception of the organization and conduct of public hearings;
7) conducting information systems for the provision of urban planning activities carried out in the territories of urban districts;
8) making decisions on the development of the built-up territories in terms of determining their location, area of \u200b\u200bthe territory, the list of addresses of buildings, buildings, structures to be demolished, reconstruction;
9) organization and auction for the right to conclude an agreement on the development of the built-up territory (with the exception of the decision to conduct auction), including in terms of determining the price of the right to enter into an agreement on the development of the built-up territories;
10) the disposal of land plots, state ownership of which is not demarcated;
11) making a decision on the change in one type of permitted use of the land plot to another type of such use, with the exception of the organization and conduct of public hearings;
12) the transfer of land owned land from one category to another;
13) issuance of permission for the right to organize a retail market in the territory of the urban district;
14) determining the procedure for the activities of public cemeteries, crematoriums;
15) approval of the heat supply schemes of urban districts with population from ten thousand to five hundred thousand people;
16) approval of water supply and drainage schemes of urban districts with population from ten thousand to five hundred thousand people;
17) approval of technical tasks for the development of investment programs of an organization that carries out hot water supply, cold water supply and (or) drainage on the territory of urban districts;
18) establishing allowances for tariffs for services of the communal complex organizations specified in paragraph 7 of part 2 of Article 5 of the Federal Law of December 30, 2004 No. 210-FZ "On the basics of regulation of tariffs of the communal complex organizations";
19) organization of disposal and processing of household and industrial waste;
20) approval of investment programs of organizations of a communal complex for the construction, reconstruction and (or) modernization of objects used to dispose, neutralizing and disposal of solid household waste.

5. The powers of local governments approving the rules of improvement of the territory establishing the requirements for the content of buildings (including residential buildings), structures and land plots on which they are located, to the appearance of facades and fences of the respective buildings and structures, a list of works on improvement (including street lighting, cleaning and gardening, installation of pointers with street names and house rooms, placement and maintenance of small architectural forms) and the frequency of their implementation; The establishment of the procedure for the participation of the owners of buildings (premises in them) and structures in the improvement of adjacent territories is carried out by the state authorities of the Moscow region in accordance with the Law of the Moscow Region.

Article 3.

1. Accounting for the opinion of the Government of the Moscow Region in the implementation by local governments of urban settlements, municipal districts, urban areas of authority to create conditions for the provision of transport services to the population and the organization of transport service of the population in the territory of the municipality is carried out in the manner prescribed by the Law of the Moscow Region.

2. Accounting for local self-government bodies in the implementation of the powers provided for in paragraphs 1-4, 10-12 of Part 1, paragraphs 1-5, 10, 14, 15 of part 3, paragraphs 1-3, 8, 15, 16 of part 4 of Article 2 This Law is carried out in the manner prescribed by the Government of the Moscow Region.

Article 4.

1. The state authorities of the Moscow region the powers provided for in Article 2 of this Law are carried out at the expense of the budget of the Moscow region for the relevant financial year and on the planning period.

2. The laws of the Moscow Region, adopted before the day of the entry into force of this Law and regulatory relations related to the implementation of redistributed authority applied in part not contrary to this Law.

Article 5.

1. In order to organize the redistribution of the powers specified in Article 2 of this Law, from the date of the official publication of this Law before January 1, 2015, the transitional period is established.

2. In the transition period, the Government of the Moscow Region determines and (or) forms the central executive bodies of the state power of the Moscow region, which will exercise the powers specified in Article 2 of this Law, establishes the procedure for the executive bodies of state authorities of the Moscow region of such powers.
The central executive bodies of the Moscow region state authority are powered by Article 2 of this Law, from January 1, 2015.

3. In the transitional period, local governments, carrying out the powers transmitted in accordance with Article 2 of this Law, conclude agreements, municipal contracts, taking into account the provisions of this Law and in the manner prescribed by the Government of the Moscow region.

4. Since January 1, 2015, the charters of municipalities, other regulatory legal acts of local governments, governing the implementation of the powers specified in Article 2 of this Law, operate in part of the state authorities of the Moscow Region not contrary to this Law and regulatory legal acts of state authorities.

5. Formation and approval of the draft budget of the Moscow Region for 2015 and on the planning period 2016-2017 and projects of budgets of municipal formations of the Moscow Region for 2015 and on the planning period 2016-2017 are carried out with regard to this Law.

6. The Law of the Moscow Region, local governments can endure the state powers specified in Article 2 of this Law.

Article 6.

1. The powers specified in Article 2 of this Law are redistributed for a period of 5 years.

2. This Law enters into force on January 1, 2015, with the exception of Article 5 of this Law.

3. Article 5 of this Law comes into force the day after its official publication.

Governor of the Moscow Region A.Yu.Vorobyov

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1 Section I. Local law 2015 N6. Legal aspects Institute of Redistribution of the authority between local governments and state authorities of the subjects of the Russian Federation Legal Aspects of the Institute of Redistribution of Powers of the State Authorities of the Russian Federation E.V.Iigumen, Legal Counsel of the Foundation "Institute of Economics of the city" Abstract: in The article gives an analysis of legislative changes regarding the "redistribution" of the authority between local governments and state authorities of the constituent entities of the Russian Federation. The content of the specified institution on the example of the changed legislation of the Moscow region on urban planning activities is considered in detail. The argued conclusion was filed on the contrary to the Institute of "Redistribution" of the powers of the Constitution of the Russian Federation, as well as the inevitability of the destructive consequences of its use in practice. Abstract: The Article Provides An Analysis of Legislative Changes Regarding The "Redistribution" of Powers Between The Local Authorities of the Russian Federation. Considered in Detail The Content of The Said Institute An Example of The Moscow Region The Modified Legislation on Urban Planning. IT PRESENTED A REASONED CONCLUSION CONTRADICTS INSTITUTE "Redistribution" of Powers of the Russian Constitution, As Well As The Inevitable Destructive Consequences of Its Application in Practice. Keywords: local governments, local government powers, "redistribution" authority, urban planning activities, financial independence. Keywords: Local Authorities, Powers of Local Authorities, Redistribution of Powers, Urban Development, Financial Independence. In 2014 there were significant legislative changesAccording to which the ability to redistribute the authority between the regional and local power levels on the basis of the laws of the constituency of the Russian Federation is established. This article presents the results of the analysis of legislative acts, by virtue of which the redistribution of powers between local governments and state authorities of the constituent entities of the Russian Federation is given, an expert assessment of the norms of the Federal Law, which introduced such changes, analyzes the features of regional laws adopted on the basis of the Federal Law. In terms of redistribution of authority in the field of urban planning activities, and in conclusion, conclusions are proposed regarding the contents of the changes and their consequences for law enforcement practice. 1. A description of the legislative novel about the redistribution of powers on May 27, 2014, federal law 136-ФЗ "On Amendments to Article 26 3 of the Federal Law" On General Principles of Legislative Organization (Representative) and the executive bodies of state authorities of the Russian Federation "and federal The law "On the General Principles of Local Government Organization in the Russian Federation" (hereinafter - 23

2 Local Law 2015 N6 Federal Law 136-FZ), which provided for the following novels within the framework of the current legislation: the conceptually new procedure for determining the authority for local governments and state authorities of the constituent entities of the Russian Federation is established - the order called by the "redistribution" of authority. The right of constituent entities of the Russian Federation is enshrined to take regional laws on the redistribution of authority; There is a minimum period for which the authority can be redistributed; A comprehensive list of powers of local governments is established, which cannot be redistributed in favor of the authorities of the constituent entities of the Russian Federation (paragraph "B" of Part 10 of Article 2 of the Federal Law 136-FZ). This is the authority in the fields: 1) management of municipal property; 2) formation, approval and execution of the local budget; 3) the implementation of public order; 4) establishing the structure of local governments; 5) changes in the boundaries of the territory of the municipality; 6) adoption of the charter of the municipality and changes in it; 7) Publications of regulatory legal acts and some other powers Expert analysis of the novel of the Federal Law of the Federal Law 136-FZ from the position of their compliance of the Constitution of the Russian Federation 2 Section I, paragraph "B" of Part 10 of Article 2 of the Federal Law 136-ФЗ introduced an additional rate to the Federal Law of October 6 2003 131-FZ "On the general principles of organizing local governments in the Russian Federation" (hereinafter referred to as the Federal Law 131-FZ) of the following content: "The laws of the constituent entity of the Russian Federation can be redistributed to the authority between local governments and the state authorities of the subject of the Russian Federation" ( Part 1 of Article 17 of the Federal Law 131-ФЗ. At the same time, the legislator does not define that is referred to as "redistribution", and therefore the specified definition needs interpretation. Let's try to figure out what implies the legislator under the "redistribution" of the authority and as the specified institution correlates With the norms of the constitution , urban-planning legislation of the Russian Federation. Article 12 of the Constitution of the Russian Federation determines that "in the Russian Federation is recognized and local self-government is guaranteed. Local self-government within its authority independently. " That is, in our opinion, the Constitution of the Russian Federation, imposes on the federal legislator the obligation to ensure, on the one hand, the independence of the execution by local self-government authorities, and on the other hand, it is guaranteed that the specified independence will not be broken. Further, according to part 1 of Article 130 of the Constitution of the Russian Federation, "local self-government in the Russian Federation provides an independent decision to the population of local importance." The meaning of the principle "independence" is not specified in the main law, apparently 24

3 Section I The reason for its evidence. "Independence" is a property for which the following features are characterized: a) the lack of interference from any third-party subjects (autonomy); b) establishing responsibility for the preparation of decisions and the consequences of their adoption and implementation. The lack of intervention on the part of the third-party subjects can be ensured, provided that there is no mechanism for compulsory transmission by the local authorities of its powers to an external subject, however, based on the content of part 1 of article 1 of the Federal Law 136-ФЗ, the redistribution of powers can be carried out unilaterally. The issues of state authorities intervention in the activities of local self-government bodies were repeatedly the subject of proceedings in the Constitutional Court of the Russian Federation. In one of its resolutions, the Constitutional Court formulated the following position: "Of the direct regulation of part 1 of article 130 of the Constitution of the Russian Federation, which establishes that local government provides an independent decision to the population of local importance, it follows that local government authorities can and should solve Or the population is directly, not the state authorities "3. Thus, the independence of local governments is due to the fact that neither the alienation nor the transmission in a different order (including forced) powers belonging to them cannot be implemented. In turn, responsibility can be ensured only when a single process of adopting and implementing any decision is carried out by the same subject of the local law 2015 N6 (in this case by the local government). At the same time, the Federal Law 136-FZ does not interfere with the transfer of part of the authority within the framework of a single decision-making process from one subject to another (see section 2 this article). Part 2 of Article 132 of the Constitution of the Russian Federation determines: "Local governments may end up with the law of individual government powers" 4. However, the Constitution of the Russian Federation does not mention the ability to transfer authorities to local government authorities. The absence of such an opportunity, in our opinion, is not the omission of the Constitution of the Russian Federation, but, on the contrary, in full compliance with the constitutional principle of the independent decision of local government issues of local importance. The Federal Law 136-ФЗ not only makes it possible to apply the law of the subject of the Russian Federation to give him the powers of local governments, but also establishes the possibility of their indefinite transmission. So, according to Article 2 of clause 10 of subparagraph "in" of the Federal Law 136-FZ "The redistribution of powers is allowed for a period of no less term of office of the legislative (representative) authority of the subject of the subject of the Russian Federation." Lack of instructions on maximum timewhich is the "redistribution" of authority, has already been reflected in the legislative practice of a number of regions that have adopted laws in the development of the Federal Law 136-FZ 5. July 9, 2014 at a meeting of the Council on local self-government under the chairman of the State Duma 25

4 Local Right 2015 N6 Federal Assembly The Russian Federation was discussed legal Nature Actions referred to as "redistribution" of authority. The following position was recorded in the certificate of this meeting: "Providing the possibility of redistributing the powers of local governments to address the issues of local importance through their indefinite transfer by the law of the Russian Federation to the state authorities of the constituent entity of the Russian Federation as government powers of the constituent entity of the Russian Federation would actually be excluded from the competence of municipalities Part of the own powers to address local issues, which does not comply with the indicated standards of the Constitution of the Russian Federation and would contradict the sectoral federal laws 6. That is, a position is recorded, according to which the Constitution of the Russian Federation may not be violated due to the very fact of the forced transition of the authority of local governments to the authorities of the constituent entities of the Russian Federation (which is already in itself a violation), but due to such a transition to an unlimited term . This statement is not correct from the point of view of the compliance of the Constitution of the Russian Federation, which speaks rather, about the very fact of the unlawful limitation of the independence of local self-government, rather than about such a restriction. The result of the analysis of the above rules allows to assert the following: 1) the Federal Law 136-FZ, in fact, gave the right to subjects of the Russian Federation to deprive the local government authorities, section I established by federal law (for individual exceptions), unilaterally, without specifying deadline that undermines the independence of local governments and limits the constitutionally guaranteed right of Russian citizens to local self-government; 2) the possibility of endowment of local governments by individual government powers does not mean the hierarchical cooding of state power and local self-government and is not a basis for the statement that allegedly, once the authorities have the right to give some government authority to local governments, they can and deprive ("redistribute") some powers of local self-government bodies in their favor; 3) government authorities can contribute to the implementation by local self-government authorities, providing them with support, first of all, financially, to promote difficulties organizational support 7, but at the same time should not limit their independence analysis of regional laws on the redistribution of authority in the field of urban planning activities. The federation was already embodied in relevant legislation 9. In this paper, it is proposed to consider under the formulated theme of the legislative experience of the Moscow region. 26.

5 Section I in the Moscow region On July 24, 2014, two laws were adopted by the Law of the Moscow Region "On the redistribution of powers between the local governments of the municipalities of the Moscow Region and the state authorities of the Moscow Region" (hereinafter the Law of the Moscow Region 106/2014-OZ) and the law Moscow Region "On the endowment of local governments of the Moscow Region of the Moscow Region" (hereinafter referred to as the Law of the Moscow Region 107/2014-OZ), which established the features of the redistribution "authority between the state authorities of the Moscow Region and the municipalities. According to the Moscow Region, the Government of the Moscow Region 106/2014, the Government of the Moscow Region or the Central Region Executive Bodies authorities from January 1, 2015 carry out a significant part of the powers of local governments, referring to them not by the authority of local governments, but "government powers." In accordance with Article 2 of the Law of the Moscow Region 106/2014, these bodies are endowed with the right to exercise the powers of local governments in the field of urban planning activities, land relations, the housing and communal sector. According to the Law of the Moscow Region 107/2014, a part of the authority redistributed in favor of the authorities is transferred back to municipal districts and urban districts, but already as "state" authority, and the specified transmission takes place for a period of 5 years, with the exception of some of them 10. Special attention In our opinion, the local right of 2015 N6 will be paid to the "redistributed" authority in the field of urban planning activities. In accordance with Article 2 of the Law of the Moscow Region 106/2014, the Government of the Moscow Region or the Central Executive Authority of the Moscow Region authorized by him, the powers previously implemented by local governments will be implemented, namely: preparation of documents of territorial planning of municipalities, introduction to of them (at the same time, the authority to approve such documents remains from local governments); Preparation of documents of the town-planning zoning of municipalities, making changes in them (at the same time, the authority to approve such documents remains of local governments); preparation and approval of documentation on the planning of the territory of municipalities; issuing permits for the construction, permits for the commissioning of capital construction facilities, as well as the implementation of a number of other permitters regulated by the Urban Planning Code of the Russian Federation (hereinafter referred to as the GDC of the RF) 11; making decisions on the development of the built-up territories, the organization and conduct of relevant auctions (despite the fact that conclusion is left behind local governments, that is, the signing of contracts on the development of the built-up territories); maintenance of information systems for the provision of urban planning activities; Approval of land improvement rules. 27.

6 Local Right 2015 N6 According to Part 2 of Article 3 of the Law of the Moscow Region 106/2014, when implementing the majority of authority in the field of urban planning activities, the view of local governments is carried out in the manner prescribed by the Government of the Moscow Region. The specified procedure today is not available, which makes the procedure for "accounting for the opinion" of ineffective and formal 12. The transitional period established by the law, during which the procedure for the implementation of the Executive Bodies of the region "redistributed" authority, which ended December 31, 2014 should be established. On December 30, the Government of the Moscow Region adopted a number of regulatory legal acts on the implementation of powers of local self-government authorities executive power Moscow region 13. The main contradictions identified by the results of the analysis of the norms of these regional laws: 1. Attempt to turn the "redistribution" of authority to a process containing three actions: (a) withdrawal of municipal powers, (b) transformation of the withdrawn municipal powers in "state" authority , (c) putting municipalities with "state" powers, allegedly, which became as a result of the removal of municipal authority. In the analyzed regional laws, the term "redistribution" of powers is used. However, with a more attentive reading of the norms of these acts, it can be stated that "redistribution" is the actual removal of authority. The action referred to as "redistribution", although it is not a section I legally fixed by the term, however, based on its literal sense, it implies mutual exchange of powers from both participants in relations, provided that the subjects of these legal relations voluntarily fulfill such an exchange of 14. Contrary to this content The concepts of "redistribution" in regional laws are enshrined by the impact of the validity of actions on the actual seizure of powers from local governments without the countermission of them as if in return from regional authorities. According to Part 6 of Article 2 of the Law of the Moscow Region, 106/2014, local governments can be endowed with separate "state" powers. Contrary to the formulations of the regional laws of the Moscow region, the powers taken from the municipalities and "redistributed" in favor of the authorities of the region are not transformed into "state" authority, but remain municipal authority, which from now on they take on the execution of state bodies. One of the mandatory signs of state powers that local governments can be endowed with the fact that they are not attributed to the issues of local significance 15. According to the articles of the Federal Law 131-FZ and Article 8 of the RF RF, the relevant authority in the field of urban planning activities is initially the competence of the authorities local self-government. In this regard, illegal is stipulated by law The Moscow region is the construction of the status of "state" authority, which, in accordance with the legislation of the Russian Federation, are attributed to 28

7 Section I of the exceptional competence of local governments. In terms of the "redistribution" of the authority, it is necessary to say a few words about the "redistribution" in favor of the authorities of the authority to conduct the information system for the provision of urban planning activities (hereinafter - ICOD). This authority must and are obliged to be carried out by the local authorities for the following reasons. In accordance with Part 1 of Article 57 of the GCC of the Russian Federation, ICCD is carried out by the local governments of urban districts, local governments of municipal districts. Clause 15 of Part 1 of Article 15 and paragraph 26 of Part 1 of the article of the Federal Law 131-FZ, the conduct of the ICCD, carried out in the territory of municipal districts and urban districts, is assigned to matters of local importance. A similar requirement is enshrined in the Decree of the Government of the Russian Federation dated June 9, 2006. 363 "On the information support of urban planning activities", according to clause 2 of which the "information system leads to local governments of the urban district or a municipal district." In materials judicial practice The position of the courts on the transfer of authority in the field of IPMD to the regional level is recorded. In one of the definitions 16, the court noted that the organ of architecture and urban planning Arkhangelsk region It is empowered by the authority to conduct IOOCH in the Arkhangelsk region in contradictions by the norms of federal legislation 17. It seems extremely important the fact that the court found an invalid attempt to raise questions to the regional level "in advanced" issues related to the federal local right of 2015 N6 by law specifically to the competence of local governments. . At the same time, nothing prevents the subjects of the Russian Federation to conduct its regional information system, without entering the contradiction with federal laws (without taking the authority in the municipalities to conduct an ICOD). Only in this case, we can talk about the legislative advance 18. Thus, the norms of the considered laws of the Moscow region directly violate the principle of prohibition of the restriction of local governments by the Constitution 19. The fact that municipal powers It is wrong with the imperative order in favor of regional authorities and referred to as "state" powers, no reason to exclude them from the list of issues relating to federal laws to the competence of local governments, 2. The gap of a single authority in the "decision-preparation decision" on the individual components Powers, a separate existence leads to the emergence of contradictions, in relation to the documents of territorial planning, urban zoning, according to the Law of the Moscow Region, 106/2014, the executive authorities of the Moscow Region are crossing powers to prepare draft schemes for territorial planning, projects of general plans, land use and development rules projects ( Next PZZ). At the same time, the authority to approve these documents remains 20 for representative bodies Local governments 21. The separation of the authority to prepare a draft document from the authority on his statement means one of two: 29

8 Local Right 2015 N6 1) The presence of the establishment of a veto authority the right does not approve the draft document and send it to refinement to the Government of the Moscow Region; 2) the absence of a veto asserting authority, that is, the duty to approve a draft document submitted by the Government of the Moscow region, even in the case of a formal disagreement with its content. FROM legal point Vision can exist only the first option. In this regard, it is permissible that conflicts may arise between the state authority, the development of the draft document and the local government body that subsequently approved the prepared document. To prevent these consequences, the presence of a legal mechanism for the resolution of these conflicts is required, however, the regional laws of the Moscow Region are not enshrined by legal models (mechanisms) of the permission of such conflicts, creating the possibility of their occurrence. In fact, the powerful pressure of the "higher" authorities for "downstream" is observed, which is a direct impairment. constitutional principle Independence of local governments. In addition, the following contradiction arises: the document, the content of which is fully determined at the level of the subject of the Russian Federation, is approved by the decision of the local government, which, according to the above reason, is devoid of opportunity to influence its content. At the same time, in accordance with Part 2 of Article 59 of the GCC of the Russian Federation, in the case of approval of the not relevant requirements technical regulations The documents of territorial planning, urban zoning, provided by the budget liability lies on the body, section I approved such a document (in this case, on the local government body. In this situation, the local government authority is responsible for budget funds responsible for approval of documents that were created by other subjects of state bodies The authorities of the Moscow Region. In other words, local governments on the formal requirements of the law are responsible for the results of actions committed by regional authorities, i.e. are forced to compensate for their mistakes, but mistakes made by the authorities of the constituent entity of the Russian Federation, which does not correspond to none of the principle Independence of local governments, nor the generally accepted condition for the onset of responsibility for guilty actions. 3. Introduction to the practice of admission, with the help of which local governments of municipal regions (urban districts) endowed in accordance with the Law of the Moscow Region 107/2014-Oz with the powers not mentioned in the Law of the Moscow Region 106/2014-OZ (and therefore remaining for the relevant bodies of local governments), with the approval of the fact that these powers are allegedly becoming "state " Thus, for example, Article 2 of the Law of the Moscow Region 106/2014 is empowered by PMM to implement the authority to prepare and approve the master plan, the PZZ of the urban settlement, as well as to make changes to the specified documents. At the same time, the law does not specify whether the powers are transferred to the organization and conduct of public hearings, according to projects of these documents. At the same time, in 107/2014, the authorities on the organization and conduct of public hearings on the draft master plan, the PZZ of the urban settlement is endowed with 30

9 Section I Municipal Areas, and they are finalized by "state" powers. A somewhat different, but similar to the contradiction content, is observed in relation to the authority regarding the urban planning plan of the land plot (hereinafter referred to as GPSU). In paragraph 4 of Part 1 of Article 2 of the Law of the Moscow Region 106/2014-Oz, it is referred to on the implementation of the Government of the Moscow Region or the authorities authorized by the Central Executive Bodges of the Powers for the preparation and approval of GPSU in relation to the territories of urban settlements (the authority for the issuance of GPPU in the indicated law is not mentioned, What means their preservation for the relevant local governments). However, paragraph 4 of Part 1 of Article 2 of the Law of the Moscow Region 107/2014-OZ establishes that in relation to individual housing construction facilities (hereinafter - IZhS), local governments of the municipal district are endowed with "state" powers to prepare, approval and issuing GPPU, i.e. . are endowed by those powers that could not be endowed, because These powers are carried out in installed manner local government authority of the urban settlement. Another example: the authority belonging to the local government authority of the urban district (the authority to issue construction permits in relation to IZhS objects), "redistributed" to the region (in accordance with paragraph 4 of Part 4 of Article 2 of the Law of the Moscow Region 106/2014), and Then returns to the specified authority with the help of the quasirectural design of the "empowerment of state authority" (according to paragraph 2 of part 2 of Article 2 of the Law of the Moscow Region 107/2014-OZ). Local Right of 2015 N6 from a legal point of view The authority mentioned: a) cannot be transferred to the authority of the region without the consent of the local government; b) can not be called "state", even if the transfer of the specified authority on the basis of the consent of the local government body will take place. Thus, in the situation under consideration, the action on endowment of local governments "state" authorities, which were not even initially redistributed in favor of state authorities, is illegal and can be qualified as a legislative flag. 4. Transfer of powers in the field of urban planning relations from representative bodies of local self-government - the executive bodies of the region. By virtue of the norms of the Law of the Moscow Region 106/2014, the authority to approve the territorial planning documents, urban-planning zoning (including the authority to approve PZZ), belonging to the representative bodies of local self-government, are "redistributed" in favor of regional executive authorities. Similar legislative practice is implemented in St. Petersburg. In accordance with paragraph 1 of part 2 of Article 2 of the Law of the Leningrad Region dated July 7, 2014, 45-OZ "On the redistribution of authority in the field of urban planning between the state authorities of the Leningrad Region and the local governments of the Leningrad Region" authority to approve PZZ 31

10 Local Right of 2015 N6 settlements, urban districts, changes in their changes relate to the powers of the executive authorities of the Leningrad Region. It is unacceptable that the documents of territorial planning and urban zoning claim the executive authorities, before which there are completely different tasks in the implementation of state policy 22. The basic principle of state power in the Russian Federation under Art 10 of the Constitution of the Russian Federation is the independence of legislative, executive bodies and judicial authority. The principle of independence does not exclude the interaction between the authorities of the individual branches of the government, but, on the contrary, calls for such interaction. However, it is designed that the bodies of each branch are engaged in strictly certain issues, i.e. An indispensable sign of independence is competence. This means that there are functions that, in particular, can only be implemented legislative bodies and their transfer to the executive authorities with high probability can lead to a failure in the management system and the implementation of government problems (for example, according to Article 105 of the Constitution of the Russian Federation, federal laws are accepted State Duma Russian Federation). Performing this error is eliminated by obstacles to ensuring that the executive body exercise an official. The possibility that PZZ authority could carry out the executive authority in such a situation may be particularly negative due to the following reasons: PZZ Section I contain urban planning regulations that determine the basis of the legal mode of the use of land plots. Legal regime is something that provides stability in the form of legal guarantees regarding the property rights protected by federal laws in accordance with one of the fundamental principles of the Constitution of the Russian Federation. In this situation, the protection of these rights is ensured, in particular, the fact that the relevant decisions are accepted higher organs local authority by the representative body. And by contrast official person The right to make decisions about the basis of the legal mode of use realistic property Must be considered a violation of the specified constitutional principle. Foreign experience Germany 23, France 24, England 25 also suggests that the documents of urban zoning can be approved only by representative authorities. This procedure is fixed in relevant regulatory legal acts that establish the foundations of legal regulation of urban planning activities. Thus, the documents of territorial planning and urban zoning (in particular, the PZZ as standard legal actcontaining legal regime The use of land) cannot be approved by the executive authority, since such a situation is contrary to the Constitution of the Russian Federation in part of both the delimitation of the competence and the protection of property rights 26. Protection of ownership should be carried out through regulatory legal acts that act in relation to an unlimited range of persons, and therefore regulatory legal acts, 32

11 Section I of the representative authority. The consolidation of the legal possibility of transferring the specified law to the executive authorities (and therefore in the hands of specific officials) indicates the ignoring of the constitutional principle of protection of property rights to real estate objects. 5. Factual violation of the principle of financial independence of local governments. In part 1 of Article 132 of the Constitution of the Russian Federation, it is established that local governments are financially independent, autonomous subjects: they independently form, approve and execute the local budget. Under no circumstances can be redistributed (seized) in favor of the state authorities of the constituent entities of the Russian Federation, which is also established by the norms of 136-ФЗ. Nevertheless, regional laws are violated by regional laws, although not directly, but indirectly. According to the Moscow Region, the Government of the Moscow region 106/2014, the Government of the Moscow Region or the authorized central executive bodies of public authorities exercise authority to organize and conduct auction (preparation of draft documents, including a draft treaty with the distribution of obligations of the parties, signing a contract, notice, auction signing a protocol According to the results of trading). The authorities of local self-government left the authority to sign an agreement on the development of the built-up territory as one of the parties hosting relevant, including financial obligations. In this regard, there are two factors that impede the dispositional settlement of the issue (collisional content according to its content), between the local law of 2015 N6 by the municipal and regional authorities: - firstly, the principle of freedom of contract 27, the local government must have the right to prevent the initiative to prevent the initiative emanating from the Government of the Moscow Region. In the absence of such a right, there is a factual one for the signing of the contract, that is, the fundamental foundations are violated. russian legislation; - Secondly, the signing of an agreement on the development of the built-up territory will attract the adoption of the Public Party of Relevant Financial Obligations (on the creation of social, transport, engineering infrastructure), the adoption of obligations due to coordinating (since the preparation of the auction and the definition of obligations that make up the subject of the Development Treaty The built-up territory is carried out by the regional authority, and regional laws oblige regional laws obligations under these obligations obliging local governments). As a result of the compulsory signing of the contract, actions related to the formation of a local budget are occurred (in terms of determining the necessary budget fundsrelated to the fulfillment of the obligations of the public side of the contract) is that it is directly prohibited by paragraph 2 of paragraph c) Part 10 of Article 2 of the Federal Law 136-FZ. In the current situation, the local government body is deprived of control over the process as a whole: all powerful and organizational solutions at the stages preceding the conclusion of the Treaty on the development of the built-up territory are made without its participation, but, despite this, all responsibility for fulfilling obligations to a potential investor falls on Local government. Created contradiction 33.

12 Local Law 2015 N6 of the Federal Law 136-FZ: There are powers that cannot be divided into parts for various subjects of public authorities without touched upon the scope of the local budget without incurring in contradiction with the Federal Law of 136- The Federal Law, which insists on the preservation of the inviolability of budget powers of local governments. The introduction of the authorities of the Moscow region in the process of forming a local budget. The paradox is that, in order to execute the Federal Law, 136- FZ, regional laws introduce norms that contradict this federal law, for the sake of the execution of which regional laws were created. Thus, the redistribution of powers, in particular, with regard to the decision to decide on the development of the built-up territory by the Moscow Region authorities, have a direct impact on the planning processes, executing the budget of local governments, which directly contradicts the constitutional norm on the financial independence of local self-government bodies. 4. The conclusions on the formulated in the article. The existence of the Federal Law 136-ФЗ cannot be justified from the position of compliance with the fundamental basics of the Constitution of the Russian Federation, including its basic principles guaranteeing independence to local governments, cannot be justified in part: Section I unlawful introduction through the regional laws of the institution "Forced" redistribution of powers, the actual removal of powers from local authorities; An erroneous approval of the possibility of separating the powers of local self-government authorities to the authority influencing the budget planning process, and the powers not related to the specified process - separation, the impossibility of which is particularly clearly manifested in the field of urban planning activities carried out by the authorities. The Federal Law 136-FZ, containing these contradictions, cannot but lead to the fact that contradictions are applied and strengthened by regional laws, which are taken into its development, which is confirmed by regional legislative practice, which: illegally shares integral indelibious powers to individual powers to prepare the relevant documents by the same authorities from individual powers to approve such documents by other bodies, which documents were not prepared; Permits the executive bodies of the regional authorities in terms of the approval of territorial planning documents, urban zoning, which cannot but affect the negative way as such documents and on the content of the respective territories determined by the urban developmental development of the respective territories. 34.

13 1 according to part 1.2. Article 17 of the Federal Law of October 6, 2003, 131-FZ "On the General Principles of Local Self-Government Organization in the Russian Federation" to other powers in the context of the specified norm include the publication of municipal legal acts, the establishment of official symbols of the municipality, the implementation of international and foreign economic relations. 2 When performing this analysis, materials were used by the materials of the expert opinion of the city's economy at the Federal Law of May 27, 2014. 136-ФЗ "On Amendments to Article 26.3 of the Federal Law" On the General Principles of Legislative Organization (representative) and executive bodies of state authorities of the constituent entities of the Russian Federation "And the Federal Law" On the General Principles of Local Self-Government Organization in the Russian Federation "DL_ID \u003d see paragraph 3 of the Resolution of the Constitutional Court of the Russian Federation of November 30, 2000. 15-P" In the case of verification of the constitutionality of certain provisions of the Charter (Basic Law) of the Kursk The region, as amended by the Law of the Kursk Region dated March 22, 1999, "On Amendments and Additions to the Charter (Basic Law) of the Kursk Region" 4, it is obvious that such a transfer should be accompanied by simultaneous transfer of relevant resources to local governments, as established by Article 140 Budget Code Russian Federation. 5, for example, according to part 1 of article 4 of the Law of the Pskov region of December 26, 2014, OZ "On the redistribution of powers between the local government authorities of the Municipalities of the Pskov region and the state authorities of the Pskov region" "Redistribution of powers between the state authorities of the Pskov region and local authorities The self-government of the Pskov region is established for an unlimited period. " Similar norms are established by regional laws of Leningrad, Ulyanovsk regions. 6 Help on the meeting of the Council on local self-government under the chairman of the State Duma of the Federal Assembly of the Russian Federation 7 in particular, in Article 1 of the Federal Law of October 6, 1999, 184-FZ "On the General Principles of Legislative Organization (Representative) and Executive Bodies of Public Authorities of Subjects The Russian Federation "establishes that" the state authorities of the constituent entity of the Russian Federation contribute to the development of local self-government in the territory of the constituent entity of the Russian Federation. ") 8 Public authorities may interfere with the solution of issues of local importance only when local governments are experiencing certain difficulties in the implementation His functions ("If something is not obtained from local government"). This is usually "extreme situations", which should not be in habit and is considered a normal phenomenon. [Transcript Round Table. "Problems of implementation and prospects for the development of the constitutional model of Russian local governments", held on November 5, 2003, S.A. Avakyan's speech] // 9 As of October 2015, more than 20 constituent entities of the Russian Federation adopted regional laws that establish the features of the redistribution of powers between Subjects of the Russian Federation and municipalities. In Moscow, Leningrad, Orlovskaya, Pskov, Ulyanovsk regions adopted laws Regarding the issue of the redistribution of powers and in the field of urban planning activities 10 in accordance with Part 1 of Article 5 of the Law 107/2014-OZ to the decision on making a decision on the change in one type of permitted use of the land plot to another type of such use; disposal of land plots, state ownership of which is not demarcated; Transfer of land owned lands from one category to another local governments are endowed with 1 year. 11 To them, in particular, relate to the decision to provide permission to the conditionally allowed type of use of the land plot or the object of capital construction, the decision to provide permission to deviate from the limiting parameters of the permitted construction, the reconstruction of the object of capital construction, the decision to change one type of permitted use land plots for another type of such use, etc.; 12 The wording is uncertain according to its content. Such wording deprives the local self-government bodies of effective impact tools for decisions made at the subject of the constituent entity of the Russian Federation. The legislator specifically avoids the term "approval", because It is intended to create imaginary visibility of objectivity and transparency of work in the implementation of powers of local self-government bodies in the urban planning sphere. 13 So, for example, were adopted: Resolution of the Government of the Moscow Region dated December 30, 2014. "1165/52" on approval of the procedure for determining the fee for changing the type of permitted use of land

14 in the property of physical or legal entities; Decree of the Government of the Moscow Region dated December 30, 2014. 1182/51 "On approval of the procedure for preparing, coordination, directions of the draft PZZ settlement, the urban district for approval to the local government body of the municipal district of the Moscow region, the local government body of the city district of the Moscow region"; Resolution of the Government of the Moscow Region dated December 30, 2014. 1193/51 "On the formation of commissions for the preparation of the draft land use and development of the Moscow Region", Decree of the Government of the Moscow Region dated December 30, 2014 1194/51 "On approval of the Regulation on the procedure for granting permission to Conditionally allowed type of use of the land plot or the object of capital construction in the Moscow region and the Regulation on the procedure for granting permission to deviate from the limit parameters of permitted construction, reconstruction of capital construction facilities in the Moscow region and amendments to the Regulations on the City Planning Council of the Moscow Region. 14 For details, see Babun R.V. "2014 in the history of local governments of Russia: a step forward, two steps ago", Magazine "Practice of Municipal Administration", 2/2015, p. 7 15 According to Part 1 of Article 19 of the Federal Law 131-FZ "Powers of local authorities I, established by federal laws and laws of the constituent entities of the Russian Federation, on issues, not referred to in accordance with this Federal Law on local matters, are separate government powers transmitted for the implementation of local governments. " 16 Definition of SC civil Affairs Supreme Court Of the Russian Federation of June 28, 2006, the following position was formulated by the following position: "Argument cassation appeal about the absence of a ban on the reference state body The subject of the Russian Federation in the field of town planning activities of the information system for the provision of urban planning activities in the subject and law of the legislator of the constituent entity of the Russian Federation in the procedure of advanced legal regulation to establish such powers was checked by the court and legitimately recognized unfounded. The court correctly considered that the competence of the state authorities of the Russian Federation, the constituent entities of the Russian Federation, local government in the field of urban planning activities was determined by federal law and nor in the order of ahead of any other legal regulation by the laws of the constituent entities of the Russian Federation could not be changed. 18 See Question 43 In the book "Commentary on the Urban Planning Code of the Russian Federation" EK Trudenova, L.E. Bandorin on why the maintenance of information systems for the provision of urban planning activities should be carried out at the local level. 19 By virtue of the 133 constitution of the Russian Federation "Local self-government in the Russian Federation is guaranteed by the ban on the limitation of the rights of local self-government established by the Constitution of the Russian Federation and federal laws." 20 With the exception of urban settlements that do not preserve these powers in accordance with clause 2 of Part 1 of Article 2 of the Law of the Moscow Region 106/2014-OZ 21 cm. Question 7.2. In the book in the book "Commentary on the Urban Planning Code of the Russian Federation" EK Trudenova, L.Y. Bandorin, where it is proved that "territorial planning powers cannot be limited only to the preparation, and inevitability simultaneously suggest and approval of relevant documents. . The presentation of the authority at the subject of the public authority is the inevitable, mandatory and inseparable bunch of "prepare-asserting". The basis of the executive authorities of the executive authorities is to implement the functions for the implementation of regulatory legal acts adopted by representative authorities, as well as the implementation of the executive and administrative powers related to the indicated function. 23 See: Baugedetzbuch. 19 auflage.munchen, 12 24 Renard V., Comby J. Land Policy in France Paris, 1990.p) 25 Wade H.W.r. Administrative LAW. P According to Article 35 of the Constitution of the Russian Federation, the right of private property is protected by law. At the same time, Part 2 of Art. 36 of the Constitution of the Russian Federation establishes the principle of free ownership, use and orders of land (in the case under consideration - land plot). 27 according to Article 421. Civil Code Russian Federation "Citizens and legal entities Free in concluding the contract. " The presumption of the inadmissibility of coercion to conclude a contract is established, with the exception of a number of cases, among which there are no cases of "redistribution" of authority.

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