Reference:
Zheleznov, D.S..
Correlation between the legislation of the Russian
Federation and the cities of federal significance
in the sphere of provision of plots of land for the
construction needs
// Actual problems of Russian law.
2014. № 3.
P. 372-380.
DOI: 10.7256/1994-1471.2014.3.64001 URL: https://en.nbpublish.com/library_read_article.php?id=64001
Abstract:
Analysis of the current legislation of the Russian Federation makes the author conclude that the legal
regulation of the provision of plots of land for the construction needs is mostly provided at the federal level.
There are only two cases, when the constituent subjects of the Russian Federation have a right for independent
acts within their competence in this sphere. The first case is when the federal law directly provides that a
constituent subject of the Russian Federation should adopt a normative legal act. The second case is when the
relevant issues are not directly regulated by the federal law, however, adoption of such acts is not prohibited
and is caused by the need to implement land and city planning competence of the constituent subjects of the
Russian Federation. The author provides examples from the legislation of the cities of St. Petersburg and Moscow
for each of these cases. This article also concerns the shortcomings of the current legislation of the cities
of federal significance in the sphere of provision of land plots for construction needs, and the author provides
analysis of the judicial practice on ambiguous issues.
Keywords:
provision of the plots of land, joint competence, cities of federal significance, city planning activities, land legislation, city planning legislation, territorial planning schemes, normative for the city planning, permission for construction, city planning programs.
Reference:
Anisimov A.P., Charkin S.A..
Teoreticheskie voprosy zemel'no-pravovoi otvetstvennosti
// Actual problems of Russian law.
2012. № 4.
P. 81-91.
DOI: 10.7256/1994-1471.2012.4.63296 URL: https://en.nbpublish.com/library_read_article.php?id=63296