3.1 Planning Institutions, their scope and binding character of planning

3.1.1 At national level

At the federal level urban planning is at the competences of RF Government, Ministry of regional development and Agency of construction, housing and public utilities. RF Government is enabled to issue decisions on the working out of federal territorial schemes, to adopt schemes and normative acts. The Ministry of regional development (established at 2004 instead of Gosstroy) is enabled to work out the strategy in the corresponding field, to act as the customer of territorial planning schemes, to issue normative acts. Agency of construction, housing and public utilities has to carry out state service in the field, to act as a customer of different works, to organize state expertise. Both the Ministry and Agency may act as customers of federal programs. Technical regulation is at the competence of the Ministry of technical regulation and metrology.

After the collapse of soviet system no one complete document of territorial planning has been issued at federal level. At the same time previously applied methods for issuance the large scale planning decisions and their implementation has became incapable of efficiency. The project of federal law "On foundations of regional development regulation", represented to State Duma at 1999 is since unclaimed. Meantime due to such Russia-wide factors as an appearance of large private companies demonstrating theirs specific territorial priorities, heterogeneous population density and living conditions and demographic decline the problems regarding territorial planning goals, tasks and methods became of utmost importance and serve as subjects of professional discussions. The Concept of regional development, worked out by the Ministry of regional development at 2005 anticipates policy, directed on prior support of "engine-regions", capable to develop economy and to encourage the development process in backward areas. This policy is opposite to current orientation of regional policy, supporting most territories at the expense of few regions-donors (as Moscow, Saint-Petersburg, Tumen oblast, Leningrad oblasts etc.). Well known in Russia professionals (leaders in the field of methodological issues on strategic planning at interregional scale Ph.D. V. Glazithev and Ph.D. P. Schedrovitsky) support the idea of "engine-regions", pointing out, that the lack of human and infrastructure resources in some areas capable for development has became brakes for economic development of all the Russia. They stress, that regions as administrative units should not be authenticated to units of social and economic activity, propose to establish regional agencies of territorial development and to coordinate Russian territorial development instruments with European ones. (http://stra.teg.ru/library/32/1 )

New RF Urban Development Code does not oblige to represent federal planning schemes for public hearings, but obliges to get approvals of regions and municipalities concerned. Before adoption of the federal scheme there must be published the essential part of the document: the location of federal objects and the list of proposed undertakings. All parties concerned may deliver theirs proposals, objections and to appeal in the court decisions of adopted document. After the federal scheme adoption the executive body within three months has to adopt the plan of its implementation, which includes the time-schedule for performance of following projects, for construction works as well as the financial substantiation of plan. The deviation from adopted planning decisions may be sued. Frustrated implementation plan most likely will be followed but by political consequences as the loss of voters confidence to federal public bodies.

3.1.2 At regional level

Regional legal bodies may adopt laws on urban planning and development, not conflicting to federal legislation. There are established regional executive bodies on urban planning, land development and architecture as well as similar commissions formed by representative public structures. Normative acts, adopted by regional government regulate coordination of activities between specialized executive structures, as well as general principles of works (state service performance, control etc.). Orders and arrangements, issued by specialized executive body, specify procedures of activity within each subdivision and interactions with clients or parties under control. Executive bodies responsible for the strategy of territorial development at region are capable to act as customers of territorial planning schemes. The decisions to work up the scheme and to adopt it are to be taken by the regional government.

Some regions (as Chuvashian and Bashkortostan republics, Moscow oblast, Kaliningrad oblast and others) last years (before the adoption of the last Urban Development Code) have adopted theirs territorial planning schemes, including schemes for specified sectors (e.g. Nature protection scheme adopted by Mordovian republic). The implementation of documents adopted should be carried out through performance of regional and interregional programs, working up and adoption of master plans and land planning documentation by municipalities. For example the territorial planning scheme of Kaliningrad oblast lists 14 programs, including two transnational ones. For Moscow and Saint-Petersburg (by Constitution - cities of federal importance) as the document of territorial planning serves master plan. Master plans for Moscow and Saint-Petersburg adopted at 2005 by regional laws.

Urban Development Code does not stipulate the representation of regional planning schemes to public hearings, but obliges to get approvals of federal, regional and municipal bodies concerned. Before adoption of the regional scheme the part of the document must be published: maps with the location of regional objects and list of undertakings. Any party concerned may deliver proposals, objections and to appeal decisions of adopted document in the court. After regional scheme adoption the executive body within three months adopts the plan of its implementation, which includes the time-schedule for following projects, construction works and financial substantiation of the plan. The deviation from adopted planning decisions may be sued. Unperformed implementation plan most likely will be followed but political consequences as the loss of confidence to regional public bodies.

3.1.3 Local level

Municipal authorities are enabled to establish special executive bodies on urban planning and architecture as well as similar subdivisions within representative bodies. Such structures usually exist in municipal districts and cities, meantime smaller settlements have the accomplished structures but seldom. Normative acts issued by specialized department regulate coordination of activities between its subdivisions and interaction of department structures and employee with clients or parties under control. According to the new Code municipal districts covering settlements may work out territorial planning schemes for adoption by respective representative bodies, but till the last time such a schemes are not published. Municipal cities and settlements must produce master plans and last years municipalities of Kazan, Tolyatty, Atchinsk, Lipezk, Staraya Ladoga and some other cities adopted them. Most settlements still rely on old master plans and one may assume that for many small settlements adoption of such document shall be problematic.

The Urban Development Code does not stipulate public hearings on territorial planning schemes for municipal districts, but schemes must get the approval of Federation and respective region if interests of upper levels are concerned, and in all cases must get the approval of municipalities bordering district and municipal settlements within district. Master plans before adoption must be submitted to public hearings. All decisions of municipal planning documents as well as deviations from adopted decisions may be appealed to court. After municipal planning documents adoption the mayor within three months adopts theplan of its implementation, which includes the time-schedule for following projects, for construction works and financial substantiation. The deviation from adopted planning decisions
shall be sued. Unperformed implementation plan most likely will be followed but political consequences.

 

        Aspect

          

level

planning institutions and theirs normative activity

planning process

participation

Essential (joint) planning document

sectoral

planning

A

Cultural heritage

sectoral planning

B

Nature preservation

sectoral planning

C

Infrastructures

sectoral planning

D

Other fields

national level

RF Government

         Normative acts in the field

         Decision on RF planning scheme preparation

         RF scheme adoption

 

         Territorial planning scheme of federal level

         RF monuments preservation zones project

 

 

 

Ministry of regional development

         Normative acts in the field

         Molder of  Strategy on RF territorial development

         Customer of RF planning documents

 

         Any interested parties after scheme publication and before its adoption

         Territorial planning scheme of federal level





Ministry of culture

         Normative acts in the field

 

         Presentation of Monuments preservation zones project to RF Government

         Any interested parties after project publication

 

         Monuments preservation zones project




Ministry of technical regulation and metrology.

         Normative acts in the field

 

         Technical regulation (safety standards)

 

 

 

 

 

 

 

Other ministries

         Normative acts in the field

 

         RF Planning scheme approval

 

 

 

         As the thematic part of  RF planning scheme

         As the thematic part of  RF scheme

         As the thematic part of  RF scheme

regional level

Regional government

         Regional normative acts

         Decision on the regional planning scheme preparation

         Planning scheme adoption

 

         Territorial planning scheme of regional level

 

 

 

 

Planning body

         Regional normative acts in the field

         Strategy of regional territorial development issuance

         Customer of regional planning documents

 

         Any interested parties after scheme publication and before its adoption

         Territorial planning scheme of region

 

 

 

 

Sectoral executive authorities

         Regional normative acts in the fields

         Approval of territorial planning scheme

 

         Sectoral plans, maps, regulations

 

         Regional monuments preservation zones project adoption

         As the thematic part of regional  planning scheme

         As the thematic part of regional  planning scheme

         As the thematic part of regional  planning scheme

Municipal districts

Municipal district administration

         Municipal normative acts

         Decision on the district planning scheme preparation

         Planning scheme adoption

          

         Territorial planning scheme of municipal district

          

 

 

 

Planning body

         Municipal normative acts in the field

         Strategy of district territorial development issuance

         Customer of local planning documents

 

         Any interested parties after scheme publication and before its adoption

         Territorial planning scheme of municipal district

 

 

 

 

Sectoral executive authorities

         local normative acts in the fields

         Approval of territorial planning scheme

 

         Sectoral plans, maps, regulations

 

         Local monuments preservation zones project adoption

         As the thematic part of district   scheme

         As the thematic part of district   scheme

         As the thematic part of district   scheme

Municipal city / settlement

Mayor

         Local normative acts

         Land planning documentation approval

         Decision on master plan preparation

 

         City / settlement master plan





         Municipal representative body

         Master plan adoption

 

         City / settlement master plan





Planning body

         Municipal normative acts

         Land planning documentation control

         Building permits issuance

         Control over construction and land use

         Strategy of territorial development control

         Customer of master plan performance

 

         Any interested parties before master plan adoption

         Conducting of public hearings

         City / settlement master plan





Sectoral executive authorities

         Municipal normative acts in the field

 

         Master plan approval

 

         Sectoral plans, maps, regulations

 

         Local monuments preservation zones project adoption

         As the thematic part of district   planning scheme

         As the thematic part of district   planning scheme

         As the thematic part of district   planning scheme