Public hearings. Order of conduct. Public hearings on the draft master plan, draft rules for land use and development, draft territory planning. Public hearings on the draft master plan Public hearings on the general plan in poselen

POSITION

on the procedure for organizing and conducting public hearings

General Provisions

Public hearings are an organizational form of participation of the population in the discussion of issues of urban planning activities, the allocation of land plots for the construction and reconstruction of facilities.

1. Public hearings on the draft master plan

1.1. General Provisions

1.1.1. Public hearings on the draft master plan, including amendments to it, are held without fail in order to:

bringing to the public information about the content of the draft master plan;

observance of human rights to favorable living conditions;

observance of the rights and legitimate interests of the owners of land plots and capital construction projects.

1.1.2. Public hearings are held in the village for which the master plan is being developed.

1.2. Procedure for organizing public hearings

1.2.9. Public hearings must be held, and the conclusion on their results must be published no earlier than one month and no later than three months from the date of publication of the decision to hold public hearings.

1.3. Procedure for holding public hearings

1.3.1. Before the start of public hearings, the Working Commission organizes the registration of participants indicating their place of permanent residence on the basis of passport data.

1.3.2. The Chairman of the Working Commission opens public hearings, informs their participants about the content of the draft master plan, introduces the initiators of the public hearings, himself and the secretary, and answers questions from the participants in public hearings.

1.3.3. After receiving information and answering questions, any of the participants in the public hearings has the right to speak on the merits of the project under discussion and his judgment is entered into the minutes of the public hearings.

1.3.4. Participants in public hearings have the right to submit to the Working Commission their proposals and comments regarding the draft master plan under consideration for inclusion in the minutes of public hearings.

1.3.5. Public hearings are considered completed after all interested participants in public hearings have expressed their views on the merits of the project under discussion.

1.3.6. Participants in public hearings do not make any decisions on the merits of the discussed project and do not conduct any voting.

1.3.7. After the completion of public hearings on the draft master plan, the Working Commission draws up a protocol on holding public hearings and an opinion on the results of public hearings and submits the draft master plan to the Head of the municipality for making an appropriate decision. Obligatory annexes to the draft master plan are minutes of public hearings and conclusions on the results of public hearings.

1.3.8. The conclusion on the results of public hearings is subject to publication in the manner established for the official publication of municipal legal acts no later than ten days from the date of the public hearing.

2. Public hearings on the draft rules for land use and development

2.1. General Provisions

2.1.1. Public hearings on the draft rules for land use and development, including amendments to it, are held in order to inform the public about the content of the draft rules for land use and development.

2.1.2. Draft rules for land use and development, prior to their approval, are subject to mandatory consideration at public hearings.

2.1.3. In order to observe the human right to favorable living conditions, the rights and legitimate interests of the right holders of land plots and capital construction projects, public hearings are held with the participation of citizens permanently residing in the territory in relation to which the draft rules for land use and development are being prepared, authorized representatives of associations of these citizens, rights holders of land plots and capital construction projects located in the specified territory, persons whose legitimate interests may be violated in connection with the implementation of such projects.

2.1.4. In the event that amending the land use and development rules is associated with the placement or reconstruction of a separate capital construction facility, public hearings on amendments to the land use and development rules are held within the boundaries of the territory planned for the placement or reconstruction of such an object, and within the boundaries established for such object of the zone with special conditions for the use of the territory. In this case, the rightholders of land plots that have a common border with the land plot on which it is planned to place or reconstruct a separate capital construction object, the rightholders of buildings, structures, structures located on land plots that have a common border with the specified land plot are notified about the holding of public hearings, and the rightholders of premises in such an object, as well as rightholders of capital construction projects located within the boundaries of zones with special conditions for the use of territories.

2.1.5. Notices are sent no later than 15 days from the day the head of the local government takes a decision to hold public hearings on proposals to amend the rules of land use and development.

2.2. Procedure for organizing public hearings

2.2.1. Public hearings on the draft land use and development rules are held by the Working Commission.

2.2.2. The head of the municipality, upon receipt of the draft rules for land use and development, which has passed the appropriate check, makes a decision to hold public hearings on such a project no later than ten days from the date of receipt of the draft.

2.2.3. This decision sets the time and place for holding public hearings, as well as determines the composition of the participants in public hearings, subject to notification of their holding.

2.2.4. The decision to hold public hearings is subject to publication in accordance with the procedure established for the official publication of municipal legal acts.

2.2.5. The latest information and the draft final document (conclusions on the results) of public hearings must be published no later than 7 days before the date of the public hearing.

2.2.6. The duration of public hearings on the draft land use and development rules is at least two and not more than four months from the date of publication of the draft.

2.2.7. The working commission can use other forms of informing the population about the public hearings being held.

2.3. Procedure for holding public hearings

2.3.1. Before the start of public hearings, the Working Commission organizes the registration of participants indicating their place of permanent residence on the basis of passport data.

2.3.2. Materials included in the draft land use and development rules must be displayed for general viewing at the venue of public hearings.

2.3.3. The Chairman of the Working Commission introduces the initiators of the public hearings, himself and the secretary, announces the topic, informs the participants of the public hearings about the content of the draft rules for land use and development.

2.3.4. After receiving information and answering questions, any of the participants in the public hearings has the right to speak on the merits of the project under discussion and his judgment is entered into the minutes of the public hearings.

2.3.4. Participants in public hearings have the right to submit to the Working Commission their proposals and comments regarding the draft land use and development rules under consideration, for inclusion in the minutes of public hearings.

2.3.5. Public hearings are considered completed after all interested participants in public hearings have expressed their views on the merits of the project under discussion.

2.3.6. Participants in public hearings do not make any decisions on the merits of the discussed project and do not conduct any voting.

2.3.7. After the completion of public hearings on the draft rules for land use and development, the Working Commission submits the said draft to the head of the local self-government body. Obligatory annexes to the draft rules for land use and development are the minutes of public hearings and the conclusion on the results of public hearings.

2.3.8. The head of the local self-government body, taking into account the conclusion on the results of public hearings, makes a decision:

on the approval of the draft rules for land use and development;

on the rejection of the draft rules for land use and development and

sending it for revision.

2.3.9. The conclusion on the results of public hearings is subject to publication in accordance with the procedure established for the official publication of municipal legal acts, no later than 10 days from the date of the public hearing.

3. Public hearings on the site planning project

and the project of land surveying

3.1. General Provisions

3.1.1. Territory planning projects and land surveying projects prepared as part of the territory planning documentation on the basis of the decision of the Head of the local administration of the municipality, prior to their approval, are subject to mandatory consideration at public hearings.

3.1.2. Public hearings on the project for the planning of the territory and the project for land surveying are held in order to comply with the rights and legitimate interests of the owners of land plots and capital construction projects with the participation of:

citizens living in the territory, in relation to which the preparation of the draft of its planning and the project of its surveying is carried out;

rightholders of land plots and capital construction projects located in the specified territory;

persons whose legitimate interests may be violated in connection with the implementation of such projects.

3.2. Procedure for organizing public hearings

3.2.1. The head of the local administration of the municipality, upon receipt of the draft planning and the project of land surveying, which has passed the appropriate check, adopts a resolution to hold public hearings on such a project no later than ten days from the date of receipt of the draft.

3.2.2. This resolution establishes the time and place for holding public hearings, determines the composition of the Working Commission authorized to conduct public hearings, and also determines the composition of participants in public hearings subject to notification of their holding.

3.2.3. The decision to hold public hearings is subject to publication in the manner established for the official publication of municipal legal acts.

3.2.5. The period for holding public hearings on the planning project and the land survey project may not be less than one month and more than three months.

3.2.6. Public hearings must be held, and the conclusion on their results with the final document of the public hearings and an annex to it are sent by the Working Commission to the Head of the local administration of the municipality.

3.2.7. The head of the local administration of the municipality makes a decision on approving the documentation for the planning of the territory and the project of land surveying or on the rejection of such documentation and sending it for revision.

3.3. Procedure for holding public hearings

3.3.1. Before the start of public hearings, the Working Commission organizes the registration of participants indicating their place of permanent residence on the basis of passport data.

3.3.2. At the venue of public hearings, materials of the planning project and the land survey project should be demonstrated for general viewing.

3.3.3. The Chairman of the Working Commission opens public hearings, informs their participants about the content of the project under discussion and answers their questions.

3.3.4. After receiving information and answering questions, any of the participants in the public hearings has the right to speak on the merits of the project under discussion and his judgment is entered into the minutes of the public hearings.

3.3.5. Participants in public hearings have the right to submit their proposals and comments regarding the project under consideration to the Working Commission for inclusion in the minutes of public hearings.

3.3.6. Public hearings are considered completed after all interested participants in public hearings have expressed their views on the merits of the project under discussion.

3.3.7. Participants in public hearings do not make any decisions on the merits of the discussed project and do not conduct any voting.

3.3.8. After the completion of public hearings on the project for the planning of the territory and the project for land surveying, the Working Commission draws up a protocol on holding public hearings and submits the draft planning and the project for land surveying to the Head of the municipality for making an appropriate decision. Obligatory annexes to this project are the minutes of public hearings and the conclusion on the results of public hearings.

3.3.9. The conclusion on the results of public hearings is subject to publication in the manner established for the official publication of municipal legal acts no later than ten days from the date of the public hearing.

4. Public Hearings on Granting Permits

for a conditionally permitted type of land use

a site or capital construction facility, permission to deviate from the limit parameters of the permitted construction or reconstruction of capital construction facilities

4.1. General Provisions

4.1.1. The issue of granting a permit for a conditionally permitted type of use of a land plot or a capital construction facility, a permit for deviating from the limit parameters of a permitted construction or reconstruction of capital construction facilities is subject to discussion at public hearings.

4.1.2. An individual or legal entity interested in granting a permit for a conditionally permitted type of use of a land plot or a capital construction facility (hereinafter referred to as a permit for a conditionally permitted type of use), a permit to deviate from the limit parameters of a permitted construction or reconstruction of capital construction facilities (hereinafter referred to as a permit to deviate from the permitted construction) sends a corresponding statement to the head of the administration of the municipality for commission consideration.

4.1.3. In the event that a conditionally permitted type of use of a land plot or a capital construction object is included in the town planning regulations in accordance with the procedure established for amending the rules of land use and development after holding public hearings at the initiative of an individual or legal entity interested in granting a permit for the conditionally permitted type of use, the decision to grant permission for a conditionally permitted type of use to such a person is taken without a public hearing.

4.1.4. Public hearings on the issue of granting a permit for a conditionally permitted type of use, permits to deviate from permitted construction are held with the participation of citizens living within the territorial zone within which the land plot or capital construction object is located, in relation to which the permit is requested. In the event that a conditionally permitted type of use of a land plot or a capital construction facility, a deviation from a permitted construction may have a negative impact on the environment, public hearings are held with the participation of the right holders of land plots and capital construction projects subject to the risk of such negative impact.

4.2. Procedure for organizing public hearings

4.2.1. The head of the administration of the municipality makes a decision on the appointment of public hearings on the issue of granting a permit for a conditionally permitted type of use of a land plot or a capital construction facility, a permit for deviating from the limit parameters of a permitted construction or reconstruction of capital construction facilities. Public hearings are conducted by the Working Commission.

4.2.2. The costs associated with the organization and holding of public hearings shall be borne by the natural or legal person interested in granting such permission. The specified person pays the appropriate fee according to the estimate drawn up by the Working Commission no later than three days from the date of receipt of the said estimate.

4.2.3. The Commission, through publication in the local media, sends messages about the holding of public hearings to the rightholders of land plots that have common borders with the land plot, in relation to which a permit for a conditionally permitted type of use is requested, a permit to deviate from the maximum parameters of the permitted construction, to the rightholders of capital construction projects, located on land plots that have common borders with the land plot in relation to which this permit is requested and to the rightholders of premises that are part of the capital construction object, in relation to which this permit is requested. The specified message contains information about the time and place of the public hearings and is published no later than ten days from the date of receipt of the interested person's application for granting a permit for a conditionally permitted type of use, a permit for deviating from the limit parameters of the permitted construction.

4.2.4. The notice of the commission on the time and place of holding public hearings is subject to publication in accordance with the procedure established for the official publication of municipal legal acts.

4.2.6. Public hearings must be held, and the conclusion on their results must be published no later than one month from the date of publication of the announcement of the public hearing.

4.3. Procedure for holding public hearings

4.3.1. Before the start of public hearings, the Working Commission organizes the registration of participants indicating their place of permanent residence on the basis of passport data.

4.3.2. An interested person who has applied for a permit for a conditionally permitted type of use, a permit for deviations from the limit parameters of a permitted construction, informs the participants of public hearings on the merits of their appeal and answers their questions.

4.3.3. After receiving information and answering questions, any of the participants in the public hearings has the right to speak on the merits of the issue under discussion and his judgment is entered into the minutes of the public hearings.

4.3.4. Participants in public hearings have the right to submit their proposals and comments on the issue under consideration to the Working Commission for inclusion in the minutes of public hearings.

4.3.5. Public hearings are considered completed after all interested participants in public hearings have expressed their views on the merits of the issue under discussion.

4.3.6. Participants in public hearings do not make any decisions on the merits of the issue under discussion and do not conduct any voting.

4.3.7. After the completion of the public hearings, the Working Commission draws up the minutes of the public hearings and draws up an opinion on the results of public hearings and, on the basis of this opinion, prepares recommendations on granting a permit for a conditionally permitted type of use, permission to deviate from the limit parameters of a permitted construction, or on refusal to grant such a permit indicating the reasons for the decision and sends them to the head of the administration of the municipality.

4.3.8. The conclusion on the results of public hearings is subject to publication in the manner prescribed for the official publication of municipal legal acts, no later than ten days from the date of the public hearings.

Article 68. Public hearings on urban planning activities in the city of Moscow

1. Public hearings on urban planning activities are held on:

1) drafts of the General Plan of the City of Moscow - in each municipal entity, according to draft amendments to the General Plan of the City of Moscow - in municipalities that are subject to the planned changes;

2) draft land use and development rules, draft changes in land use and development rules - within the boundaries of the territory for which these projects have been prepared. By the decision of the city commission, the public hearings referred to in this paragraph are held in certain administrative districts or districts, settlements of the city of Moscow, including the administrative districts, districts and settlements on the territory of which these projects have been developed.

It is not required to hold public hearings on drafts of changes in the rules of land use and development, prepared exclusively in accordance with part 12 of Article 78 of this Code;

3) projects of territorial, sectoral schemes (except for draft sectoral schemes specified in paragraph 2 of part 1 of Article 32 of this Code) containing provisions on the development, reconstruction, reorganization of residential areas, specially protected natural areas, natural and green areas, territories in zones protection of cultural heritage objects and historical zones - in the districts of the city of Moscow, the territories of which are within the boundaries of the development of these projects;

3.1) draft sectoral schemes specified in paragraph 2 of part 1 of Article 32 of this Code and containing provisions on the development, reconstruction, reorganization of residential areas, specially protected natural areas, natural and green areas, areas in the protection zones of cultural heritage objects and historical zones, - in the whole city of Moscow;

4) territorial planning projects, including territorial planning projects providing for the placement of linear objects - in districts, settlements of the city of Moscow, in the territories of which these projects have been developed, or by decision of the city commission in all or individual administrative districts or districts, settlements of the city of Moscow, including administrative districts, districts and settlements in the territories of which these projects have been developed, or in the city of Moscow as a whole;

5) projects for land surveying - in districts, settlements of the city of Moscow, in the territories of which these projects have been developed;

7) draft decisions on the granting of permits for a conditionally permitted type of use of a land plot, a capital construction object or for deviations from the limit parameters of a permitted construction, reconstruction of a capital construction object - in the districts of the city of Moscow in the territories of blocks, functional planning formations, within the boundaries of which the specified land plots, capital construction projects, or by decision of the city commission in all or individual administrative districts or districts, settlements of the city of Moscow, including administrative districts, districts and settlements in the territories of blocks, functional planning formations, within the boundaries of which the indicated land plots, objects are located capital construction, or as a whole in the city of Moscow.

2. Participants in public hearings are:

1) residents of the city of Moscow who have a place of residence or place of work on the territory within the boundaries of which public hearings are held, and representatives of their associations;

2) rightholders of land plots, capital construction projects, residential and non-residential premises in the territory within which public hearings are held;

3) deputies of the representative bodies of municipalities, on the territory of which public hearings are held;

4) deputies of the Moscow City Duma.

3. Each participant in public hearings has the right to submit proposals and comments to the discussed draft in his own name in accordance with the established procedure. All proposals and comments of the participants of public hearings to the project under discussion are subject to inclusion in the minutes of public hearings in accordance with the established procedure.

4. Public hearings are organized and conducted by the city commission, district commissions in accordance with this Code. By a decision of the city commission, the powers to hold public hearings on the projects specified in paragraphs 4 and 7 of part 1 of this article, with the exception of the powers to prepare and approve the conclusion on the results of public hearings, may be transferred to the relevant district commission. The public hearings end with the publication of the opinion on the results of the public hearings. The duration of public hearings is calculated from the day of publication, distribution of the notice of public hearings until the day of publication of the conclusion on the results of public hearings and is:

1) for the projects of the General Plan of the city of Moscow - not less than one and not more than three months;

2) according to the draft rules of land use and development - not less than two and not more than four months;

3) for projects specified in clauses 3 and 3.1 of part 1 of this article - no more than two months;

4) for projects specified in clauses 4 and 5 of part 1 of this article - not less than one and not more than three months;

5) for projects specified in clause 7 of part 1 of this article - no more than one month.

5. Public hearings are held in the following sequence:

2) holding an exposition (expositions) of the project presented at public hearings (hereinafter - the exposition);

3) holding a meeting of participants in public hearings;

4) execution of the minutes of public hearings;

6. The notice on the holding of public hearings shall indicate:

1) a draft submitted to public hearings;

2) the place (address, premises) of the exposition, opening and closing days, days and hours of visiting the exposition;

3) place (address, premises), day, time of the beginning of registration, time of the beginning of the meeting of participants in public hearings;

4) the procedure and forms of submission by participants of public hearings of proposals and comments on the project under discussion;

5) numbers of contact information telephone numbers of the city and (or) district commissions, postal and e-mail addresses of the city and (or) district commissions for the participants of public hearings to send proposals and comments to the project under discussion;

6) the e-mail address of the site on the Internet where the discussed project is located.

7. Notification of public hearings not later than seven days before the opening of the exposition:

2) sent in writing to the deputies of the Moscow City Duma, on the territory of the constituencies of which public hearings are held;

3) is sent in writing to the representative bodies of municipalities, on the territory of which public hearings are held;

4) is distributed as official information:

a) through electronic media;

b) on the official websites of the territorial executive bodies of the city of Moscow, local self-government bodies of municipalities on the Internet;

c) on information stands located in the buildings of the territorial executive authorities of the city of Moscow, local self-government bodies of municipalities, in the entrances or near the entrances of residential buildings;

d) in other ways to ensure that interested parties receive the specified information.

8. Projects to be discussed at public hearings must be submitted to public hearings in full, with the exception of materials containing information classified by federal legislation as restricted access. Copies of these projects are provided to participants in public hearings for a fee, the amount of which is established by the Moscow Government and cannot exceed the costs of their production.

9. Expositions are held:

1) according to the drafts of the General plan of the city of Moscow, land use and development rules - within a period of at least two weeks and no later than two weeks before the day of the meeting of participants in public hearings in each administrative district of the city of Moscow, in each district, settlement of the city of Moscow, and in addition, they can be held in the form of a central city exhibition on the territory of the Central Administrative District of the city of Moscow;

2) on draft amendments to the General Plan of the City of Moscow, land use and development rules - within a period of at least a week and no later than a week before the day of the meeting of participants in public hearings within the boundaries of the territories specified in clauses 1 and 2 of part 1 of this article, respectively;

3) for projects specified in clauses 3-5 and 7 of part 1 of this article - within a period of at least a week and no later than a week before the day of the meeting of participants in public hearings in places determined by district commissions.

10. During the period of the exposition, consultations for visitors, distribution of printed information materials about the project should be organized. Visitors to the exposition have the right to make their suggestions, comments on the project under discussion, on the issue in writing in the appropriate book (magazine) to keep track of visitors to the exposition and record suggestions, comments.

11. Meetings of participants in public hearings are held in rooms equipped for demonstration of the projects under discussion, audio recording of the speeches of participants in public hearings, as well as meeting the requirements for accessibility for people with disabilities. Meetings on non-working holidays are not permitted. On weekdays, meetings begin no earlier than 7 pm.

12. Before and during the meeting, registration of participants in public hearings is maintained. A participant in public hearings must inform which group of participants in public hearings specified in part 2 of this article he belongs to, and may also provide other information about himself.

13. The rules of the meeting of participants in public hearings include:

1) speeches of authorized representatives of the executive authorities of the city of Moscow with reports on the submitted draft, with answers to questions from participants in public hearings;

2) speeches of participants in public hearings with proposals and comments on the merits of the project under discussion.

14. Representatives of the media are invited to the meetings of participants in public hearings.

15. During the meeting, an audio recording of the speeches of the participants in the public hearings is kept.

16. Meetings of participants in public hearings on projects, the development boundaries of which include the territories of two or more districts or settlements of the city of Moscow, located within one administrative district of the city of Moscow, may be held in the form of a television conference simultaneously in the corresponding districts, settlements of the city of Moscow. In this case, a television connection is established, providing direct, real-time broadcasting of all speeches in all rooms in which meetings of participants in public hearings are held, as well as providing video recording of speeches of participants in public hearings. The course of such a conference is broadcast on cable television and on the Internet.

17. During the period of public hearings, each participant in public hearings has the right to submit their proposals and comments on the project under discussion through:

1) entries in the book (journal) for registering visitors and recording suggestions and comments, which is kept during the period of the corresponding exposition;

2) speeches at a meeting of participants in public hearings;

3) entries in the book (journal) of accounting (registration) of participants in public hearings participating in the meeting;

4) submission of written proposals, comments to the representative of the relevant district commission, city commission during the meeting of participants in public hearings;

5) sending, within a week from the date of the meeting of participants in public hearings, written proposals, comments to the relevant district commission.

18. The proposals and comments specified in part 17 of this article shall be entered into the minutes of public hearings.

19. Protocols of public hearings are drawn up by district commissions. The minutes of public hearings must indicate:

1) a draft submitted to public hearings;

2) general information about the timing, venue and participants of public hearings;

3) all proposals and comments of the participants of public hearings to the discussed project.

20. The minutes of public hearings are approved by the chairman of the respective district commission.

21. A participant in public hearings who has submitted proposals, comments on the draft considered at public hearings, has the right to familiarize himself with the minutes of public hearings and receive a copy of it from the district commission.

22. On the basis of the minutes of public hearings, the district or city commission prepares an opinion on the results of public hearings. The preparation of conclusions on the results of public hearings on the projects specified in clauses 1-3 of part 1 of this article, as well as in the event that one of the district commissions delegates authority to hold public hearings on projects provided for in clauses 4 and 7 of part 1 of this article, is carried out by the city commission. ...

23. The conclusion on the results of public hearings must indicate:

1) general information about the project submitted to public hearings, about the timing, venue and participants of public hearings;

2) information about the minutes of public hearings, on the basis of which a conclusion on the results of public hearings was prepared;

24. The conclusion on the results of public hearings shall be approved by the chairman of the relevant commission. Within five days after approval, the conclusion on the results of public hearings must be published in the manner prescribed for the publication of official information from the Moscow Government or the relevant territorial executive bodies of the city of Moscow.

25. The procedure for organizing and conducting public hearings by the executive authorities of the city of Moscow, the form of the minutes of public hearings, the form of the conclusion on the results of public hearings, shall be established by the Government of Moscow in accordance with this article.

26. Participants in public hearings have the right to apply to the city commission, the Moscow Government or the court with a statement declaring the results of public hearings invalid due to violation of the procedure for holding public hearings established by this article. If the city commission, the Moscow Government declares the results of the public hearings invalid, the corresponding draft cannot be submitted to the Moscow Government without re-consideration at public discussions or public hearings. In the event that the results of public hearings are declared invalid by a court decision, the corresponding draft submitted for approval shall not be subject to approval, and the approved draft shall not be subject to application.

ST 28 Civil Code of the Russian Federation.

3. Public discussions or public hearings on draft master plans of settlements, master plans of urban districts and on projects providing for amendments to master plans of settlements, master plans of urban districts (hereinafter in this article - public discussions or public hearings) are held in each populated point of the municipality.

4. When conducting public discussions or public hearings in order to provide participants in public discussions or public hearings with equal opportunities to participate in public discussions or public hearings, the territory of a settlement may be divided into parts.

8. The period for holding public discussions or public hearings from the moment the residents of the municipality are notified about their holding until the day the conclusion on the results of public discussions or public hearings is published is determined by the charter of the municipality and (or) a regulatory legal act of the representative body of the municipality and cannot be less than one months and more than three months.

9. The head of the local administration, taking into account the conclusion on the results of public discussions or public hearings, makes a decision:

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

2) on the rejection of the draft master plan and on sending it for revision.

Commentary on Art. 28 of the Town Planning Code of the Russian Federation

1. The inclusion of the commented article in the Civil Code of the Russian Federation confirms the legislator's orientation towards the formation of a democratic rule-of-law state in Russia, in which any actions and decisions of public authorities should be "transparent", and the attitude of the population to decisions and documents adopted by public authorities should have an impact on the content of such documents. This is precisely the conclusion that should be drawn from Part 1 of the commented article, which clearly identifies two purposes of holding public hearings:

a) ensuring the observance of the human right to favorable living conditions (i.e. public interests).

b) ensuring the rights and legitimate interests of rightholders of land plots and capital construction projects (i.e. private interests).

Unlike the old Civil Code of the Russian Federation, in which a whole chapter was devoted to the problems of ensuring the rights of citizens to a favorable living environment, the new Civil Code of the Russian Federation does not have a separate article on this, which hardly characterizes the code positively in terms of legal technique. The relevant norms are scattered throughout the text of the code, which complicates the work of law enforcement officers. On the other hand, the quality and level of protection of the right to favorable living conditions has increased significantly.

If earlier the legislator secured the right of citizens to a favorable living environment, now the wording is somewhat different - the Civil Code of the Russian Federation is aimed at ensuring the human right to favorable living conditions. The problem of the relationship between human rights and the rights of a citizen has been thoroughly investigated in the legal literature. Without even trying to retell the content of existing scientific concepts and discussions, we only note that the consolidation of the human right to favorable living conditions in the Civil Code of the Russian Federation means a legislative orientation towards international human rights standards, which should be considered very positive. Regarding the ratio of the "environment" and "conditions" of life, we believe that the novelty of the code under consideration means a transition to a more comprehensive consideration of the needs of the population and territories in development, which is ensured by the development of federal, regional and local standards for urban planning, technical regulations, the development of urban planning documentation at all levels, allocation of funds from budgets of all levels for the implementation of options for the development of territories laid down by urban planning documentation, etc. One of the elements of building a democratic and transparent procedure for taking into account public interests is precisely public hearings.

At the same time, if the achievement of their public goal is carried out in the interests of the entire population living in the corresponding territory, then another (private) goal pursues the need to ensure the interests of rightholders of real estate located within the boundaries of the municipality (settlement or urban district). Taking into account the interests of this category of the population is necessary for the full-fledged economic development of the territory.

2. The procedure for organizing and conducting public hearings is determined not only by the Civil Code of the Russian Federation, the charter of the municipality and municipal legal acts, but also by other federal laws. First of all, among them it is necessary to highlight the Law on Local Self-Government. For the purposes of the commented article, it is important that public hearings held at the initiative of the population or the representative body of the municipality are appointed by the representative body of the municipality, and at the initiative of the head of the municipality - by the head of the municipality (Article 28). According to paragraph 4 of this article, the procedure for organizing and conducting public hearings is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality and should provide for advance notification of residents of the municipality about the time and place of public hearings, as well as other measures to ensure participation in public hearings of residents of the municipality.

It should be borne in mind that public hearings provided for by the Civil Code of the Russian Federation represent only one of the many types and forms of public participation in the discussion of decisions. Without trying to assess the entire existing range of procedures for taking into account the opinion of the population when making decisions by public authorities, I would like to highlight the procedures for taking into account public opinion provided for by land legislation. These include, firstly, the procedure for public hearings when establishing a public easement (Clause 2, Article 23 of the RF LC).

Secondly, according to clause 3 of article 31 of the RF LC, citizens, public organizations (associations), religious organizations and bodies of territorial public self-government have the right to participate in solving issues affecting the interests of the population, religious organizations and related to seizure, including through redemption, land plots for state and municipal needs and the provision of these land plots for construction.

The procedure of public discussions existing at the time the Civil Code of the Russian Federation comes into force, which is an integral part of the environmental impact assessment procedure, will be adjusted in the course of further implementation of the provisions of the Civil Code of the Russian Federation, as well as the environmental impact assessment procedure, of which, in turn, the EIA is a part.

Thus, the public hearings provided for by the Civil Code of the Russian Federation are one of the types of municipal public hearings in general, both in terms of procedure and in terms of the range of issues to be discussed, which should be borne in mind when developing municipal legal acts.

3. Public hearings should be held in each locality of the municipality, and in some cases the territory of the locality may even be divided into parts. This approach is due to the need to take into account the interests of the population of adjacent settlements within the boundaries of one municipality (settlement, urban district), and even more so when another settlement is included in one settlement. The necessity of dividing the settlement into parts for holding public hearings is due to the fact that for local public hearings (see the next paragraph of the commentary) there is no need to find out the opinion of the population of the entire municipality (or settlement), but it is enough to take into account the interests of the rights holders of land plots and the population in within a microdistrict, quarter or territorial zone. However, to implement this provision, it is necessary to develop a law of the constituent entity of the Russian Federation, which determines the maximum number of persons living in such a territory. Therefore, it is necessary to classify such territories in the said law.

4. Analysis of the provisions of the Civil Code of the Russian Federation makes it possible to clearly define the cases of application of the procedure for public hearings, dividing issues and documents of a general municipal and local nature, on which such hearings are held. Documents of a general municipal nature (that is, affecting the interests of the population of the entire municipality), for which the procedure of public hearings is applied, include:

a) public hearings, which are held at the stage of preparing the draft master plan (part 3.11 of article 24 of the Civil Code of the Russian Federation). The minutes of public hearings on the draft master plan, the conclusion on the results of such public hearings are a mandatory annex to the draft master plan and must be taken into account when making decisions on its approval or rejection.

b) provisions on holding public hearings on land use and development issues are an integral part of the procedure for applying the rules for land use and development and amending these rules. Accordingly, the very procedure for applying the rules is one of the integral parts of the land use and development rules themselves (part 2, 3, article 30 of the Civil Code of the Russian Federation). Therefore, the preparation of the draft rules for land use and development is carried out taking into account the results of public hearings (part 3 of article 31 of the Civil Code of the Russian Federation). The head of the municipality, upon receipt of the draft land use and development rules from the local self-government body, makes a decision to hold public hearings on such a project no later than ten days from the date of receipt of such a draft.

The Civil Code of the Russian Federation also provides for a number of cases of holding local public hearings (that is, affecting the interests of the population or rightholders within the territorial zone or less), including:

a) land planning projects and land surveying projects prepared as part of the territory planning documentation on the basis of the decision of the local self-government body of the settlement or the local self-government body of the urban district prior to their approval are subject to compulsory consideration at public hearings. Public hearings on the project for the planning of the territory and the project for land surveying are held with the participation of citizens living in the territory in relation to which the preparation of the project for its planning and the project for its land surveying is being carried out, the rightholders of land plots and capital construction projects located in the specified territory, persons whose legitimate interests may be violated in connection with the implementation of such projects (parts 5.7 of article 46 of the Civil Code of the Russian Federation).

b) local are public hearings on the issue of granting a permit for a conditionally permitted type of use - they are held only with the participation of citizens living within the territorial zone in which the land plot or capital construction object is located, in relation to which the permit is requested (part 3 of article 39 GrK RF).

c) local public hearings will be held in cases where amendments to the land use and development rules are related to the placement or reconstruction of a separate capital construction facility. Then public hearings on amendments to the rules of land use and development are held within the boundaries of the territory planned for the placement or reconstruction of such an object, and within the boundaries of the zone established for such an object with special conditions for the use of territories (part 14 of article 31 of the Civil Code of the Russian Federation).

d) local public hearings are held on the issue of granting permission to deviate from the limit parameters of permitted construction, reconstruction of capital construction projects (part 4 of article 40 of the Civil Code of the Russian Federation).

The above types of public hearings have a certain specificity in the territory of the federal cities of Moscow and St. Petersburg. Part 3 of Art. 63 of the Civil Code of the Russian Federation notes that public hearings on draft master plans of cities of federal significance Moscow and St. Petersburg should be held in each intracity municipal formation of cities of federal significance Moscow and St. Petersburg.

5. The commented article does not mention who will directly organize the procedure of public hearings. This issue should be reflected in the charter and other regulatory legal acts of the local government. However, from the context of other articles of the Civil Code of the Russian Federation, it is obvious that the commission for holding public hearings should act as such an organizer. The procedure for its formation is not defined, but, undoubtedly, its main composition should include officials of the relevant executive body of local self-government. It is to the commission as the organizer of public hearings that Part 12 of Article 31, Part 4 of Article 39, Part 5 of Art. 40 Civil Code of the Russian Federation. The commission sends messages about the holding of public hearings, prepares recommendations to the head of the administration based on their results, organizes exhibitions, expositions, etc.

6. The timing of public hearings, part 8 of the article being commented on, is determined in the amount of not less than one and not more than three months. This time limit should be considered as the general time frame for public hearings. It applies to holding public hearings on the draft master plan and on the projects for planning and land surveying.

At the same time, the Civil Code of the Russian Federation provides for special terms for holding public hearings. According to part 13 of article 31 of the Civil Code of the Russian Federation, the duration of public hearings on the draft rules for land use and development is not less than two and not more than four months from the date of publication of such a draft. In accordance with part 7 of article 39 of the Civil Code of the Russian Federation, the period for holding public hearings on the issue of granting permission for a conditionally permitted type of use from the moment the residents of the municipality are notified about the time and place of their holding until the day the conclusion on the results of public hearings is published cannot be more than one months. This point should also be reflected in municipal legal acts during their preparation.

7. One of the most important issues in organizing public hearings is the question of their legal significance. The results of public hearings are recorded in the minutes of public hearings, and the conclusion on their results is subject to publication and can be posted on the Internet. However, despite the detailed regulation of the procedure for discussing various issues (for example, on the introduction of proposals and comments into the minutes of public hearings or the obligation to attach it to the project documentation), it should be recognized that taking into account their results is not obligatory for the authorities. Indeed, a local government body can take them into account and send a document for revision (for example, a draft master plan), but it can ignore the opinion of the population and property owners with complete impunity. At the same time, the fact of ignoring cannot even be appealed in court.

The consolidation of a norm similar to the Civil Code of the Russian Federation in the laws of democratic countries with a formed civil society would not raise objections due to the centuries-old traditions of the authorities' respect for the opinion of the population and recognition of its “intrinsic value” that exist there. In modern Russia, a number of vestiges of totalitarianism remain, which is manifested, in particular, in the widespread disregard by the authorities of all levels of the interests and needs of the population. Therefore, this version of the norms of the Civil Code of the Russian Federation, which does not oblige public authorities to anything, can only deserve a negative assessment.

8. A separate issue, not regulated in any way by the commented article, is the issue of the costs of holding public hearings. Based on the analysis of the provisions of the Civil Code of the Russian Federation, depending on the type of public hearings, the financing of their holding is also determined.

a) when holding public hearings on the draft general plan, draft rules for land use and development, as well as projects for planning and land surveying (as well as amendments to them), financing of public hearings is carried out from the local budget.

b) costs associated with the organization and conduct of public hearings on the issue of granting a permit for a conditionally permitted type of use, as well as costs associated with the organization and conduct of public hearings on the issue of granting a permit to deviate from the limit parameters of the permitted construction, reconstruction of capital construction, borne by interested individuals or legal entities (part 10 of article 39 and part 4 of article 40 of the Civil Code of the Russian Federation).

Article 66. General provisions

1. The purpose of interaction in the implementation of urban planning activities of the executive authorities of the city of Moscow with the residents of the city of Moscow and their associations, with local governments, with the owners of land plots and capital construction projects is to create a favorable environment for human life in the city of Moscow on the basis of coordinating the interests of the urban community of the city Moscow, the interests of the population of the administrative districts of the city of Moscow, districts of the city of Moscow, the interests of the owners of land plots and capital construction projects. For this purpose, the executive authorities of the city of Moscow:

1) inform residents of Moscow about urban planning activities;

2) hold public hearings on issues of urban planning activities;

3) consider proposals, hold consultations on issues of urban planning activities, organize pre-trial consideration of conflict situations and the resolution of disputes arising in the implementation of urban planning activities;

4) discuss topical issues of urban planning activities with representatives of citizens' associations, including professional, creative associations, self-regulatory organizations in the field of urban planning, architecture, construction and related professions.

2. The solution of the tasks specified in part 1 of this article shall be ensured by the city commission and district commissions.

3. In order to interact with representatives of associations and organizations specified in clause 4 of part 1 of this article on issues of urban planning, advisory, advisory, expert and other bodies (councils, commissions, working and expert groups) may be created under the executive authorities of the city of Moscow. from representatives or with the participation of representatives of the above associations, organizations.

Article 67. Informing residents of the city of Moscow about urban planning activities

1. In order to inform the residents of the city of Moscow about urban planning activities, the executive authorities of the city of Moscow ensure the official publication and placement on the official websites of the executive authorities of the city of Moscow on the Internet:

1) decisions of the Moscow Government on the development of a draft General Plan of the City of Moscow, draft rules for land use and development, on the development of built-up areas, as well as notifications on holding auctions for the right to conclude an agreement on the development of a built-up area, information on the results of such auctions;

2) the draft Master Plan of the City of Moscow, the Master Plan of the City of Moscow;

3) rules of land use and development;

4) regional standards;

5) territorial and sectoral schemes;

6) projects for planning the territory, projects for land surveying;

7) has become invalid;

8) notifications about holding public hearings on issues of urban planning activities;

9) conclusions on the results of public hearings on issues of urban planning activities;

10) information on the issuance of permits for the construction of capital construction projects;

11) other official information of the city of Moscow on urban planning activities.

2. Draft documents, documentation specified in clauses 3-7 of part 1 of this article, minutes of public hearings on urban planning activities shall be posted on the official websites of the Moscow city executive authorities on the Internet.

3. Informing the residents of the city of Moscow about urban planning activities is also carried out through the organization of urban planning exhibitions, expositions, including permanent ones, the creation of information and advisory centers in the administrative districts of the city of Moscow, districts of the city of Moscow, through print and electronic media, as well as through placing information on information stands and outdoor advertising, by other means.

Article 68. Public hearings on urban planning activities in the city of Moscow

1. Public hearings on urban planning activities are held on:

2) draft rules for land use and development - in each district of the city of Moscow, according to draft changes in the rules of land use and development - in areas of the city of Moscow, on the territory of which the planned changes apply;

3) drafts of territorial, sectoral schemes containing provisions on the development, reconstruction, reorganization of residential areas, specially protected natural areas, natural and green areas, areas in the protection zones of cultural heritage sites and historical zones - in the districts of the city of Moscow, the territories of which are included in the boundaries of the development of these projects;

4) projects for the planning of territories - in the districts of the city of Moscow, in the territories of which these projects have been developed;

5) projects for surveying residential areas that are not subject to reorganization - in the districts of the city of Moscow, on the territories of which these projects have been developed;

6) the projects of urban planning plans of land plots developed in the form of separate documents in the cases specified in part 7 of Article 44 of this Code - in the districts of the city of Moscow on the territories of quarters, micro-districts within the boundaries of which the said land plots are located;

2. Participants in public hearings are:

1) residents of the city of Moscow who have a place of residence or place of work on the territory within the boundaries of which public hearings are held, and representatives of their associations;

2) rightholders of land plots, capital construction projects, residential and non-residential premises in the territory within which public hearings are held;

3) deputies of municipal assemblies of municipalities, on the territory of which public hearings are held;

4) deputies of the Moscow City Duma.

4. Public hearings are organized and conducted by the city commission, district commissions in accordance with this Code. The public hearings end with the publication of the opinion on the results of the public hearings. The duration of public hearings is calculated from the day of publication, distribution of the notice of public hearings until the day of publication of the conclusion on the results of public hearings and is:

1) according to the drafts of the General plan of the city of Moscow, the rules of land use and development - not less than two and not more than four months;

2) for draft amendments to the General plan of the city of Moscow, land use and development rules, projects specified in clauses 3 and 4 of part 1 of this article - not less than one and not more than two months;

3) for projects specified in clauses 5-7 of part 1 of this article - no more than two months.

5. Public hearings are held in the following sequence:

2) holding an exposition (expositions) of the project presented at public hearings (hereinafter - the exposition);

3) holding a meeting of participants in public hearings;

4) execution of the minutes of public hearings;

6. The notice on the holding of public hearings shall indicate:

1) a draft submitted to public hearings;

2) the place (address, premises) of the exposition, opening and closing days, days and hours of visiting the exposition;

3) place (address, premises), day, time of the beginning of registration, time of the beginning of the meeting of participants in public hearings;

4) the procedure and forms of submission by participants of public hearings of proposals and comments on the project under discussion;

6) the e-mail address of the website on the Internet where the project under discussion is posted.

7. Notification of public hearings not later than seven days before the opening of the exposition:

2) sent in writing to the deputies of the Moscow City Duma, on the territory of the constituencies of which public hearings are held;

3) is sent in writing to the municipal assemblies of municipalities, on the territory of which public hearings are held;

4) is distributed as official information:

a) through electronic media;

b) on the official websites of the territorial executive bodies of the city of Moscow, local self-government bodies of municipalities on the Internet;

d) in other ways to ensure that interested parties receive the specified information.

9. Expositions are held:

1) according to the drafts of the General plan of the city of Moscow, land use and development rules - within a period of at least two weeks and not later than two weeks before the day of meetings of participants in public hearings in each administrative district of the city of Moscow, in each district of the city of Moscow, and except addition can be held in the form of a central city exhibition on the territory of the Central Administrative District of the city of Moscow;

2) for draft amendments to the General Plan of the City of Moscow, land use and development rules, projects specified in clauses 3 and 4 of part 1 of this article - within a period of at least a week and no later than a week before the day of meetings of participants in public hearings in city districts Moscow, the territories of which are included in the bodies for the development of these projects;

3) for projects specified in clauses 5-7 of part 1 of this article - within a period of at least a week and no later than a week before the day of public hearings in the relevant area of the city of Moscow.

13. The rules of the meeting of participants in public hearings include:

1) speeches of authorized representatives of the executive authorities of the city of Moscow with reports on the submitted draft, with answers to questions from participants in public hearings;

2) speeches of participants in public hearings with proposals and comments on the merits of the project under discussion.

14. Representatives of the media are invited to the meetings of participants in public hearings.

15. During the meeting, an audio recording of the speeches of the participants in the public hearings is kept.

16. Meetings of participants in public hearings on projects, the development boundaries of which include the territories of two or more districts of the city of Moscow, located within one administrative district of the city of Moscow, may take place in the form of a television conference simultaneously in the corresponding districts of the city of Moscow. In this case, a television connection is established, providing direct, real-time broadcasting of all speeches in all rooms in which meetings of participants in public hearings are held, as well as providing video recording of speeches of participants in public hearings. The course of such a conference is broadcast on cable television and on the Internet.