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Law and Politics
Reference:
Mutalipov, R.B. (2022). On Urban Planning and the Socio-Economic Development of Cities in Russia. Law and Politics, 12, 70–76. https://doi.org/10.7256/2454-0706.2022.12.39202
On Urban Planning and the Socio-Economic Development of Cities in Russia
Mutalipov Rakhmon Bagdadovich
Postgraduate student, Department of Theoretical and Public Law Disciplines, University of Tyumen
6 Volodarsky str., Tyumen, Tyumen region, 625003, Russia
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rakhmon.mutalipov@mail.ru
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Other publications by this author
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DOI: 10.7256/2454-0706.2022.12.39202
EDN: MXSZDB
Received:
19-11-2022
Published:
06-01-2023
Abstract:
This article analyzes features of urban planning and socio-economic development in Russia concerning problems that require legislative resolution. The author uses analysis, synthesis, formal legal, and logical methods to explore urban planning and socio-economic development issues. The dialectical method was applied to analyze legislation and its emerging practice. It was revealed that the change in the functional zones of urban land can often be carried out unreasonably, which leads to challenging these changes in court. At the same time, the consequences of such contestation by the legislator are not directly indicated, leading to legal uncertainty regarding the possible use of the land. It is proposed to legislate the consequences of declaring disputed changes invalid by the court, including restoring the former functional zone and bringing the territorial zone in line with the functional one by introducing changes to city authorities' land use and development rules. Based on the study's results on the practice of socio-economic development of cities, it was established that master plans and concepts are being developed in cities, the adoption of which is not provided for by the legislation on urban planning and strategic planning. According to the author, it is necessary to amend the Federal Law "On Strategic Planning in the Russian Federation" and supplement the list of municipal strategic planning documents with master plans and the concept of the city's development, which will correspond to the established practice. It is expected that the proposed ideas will improve the efficiency of urban space management and attract private investment in the formation of a comfortable urban environment.
Keywords:
urban development of cities, socio-economic development of cities, contestation of the functional zone, master plans, concepts of city development, general plan, functional zoning, territorial zoning, socio-economic development strategies, strategic planning documents
References
1. Official website of the Federal State Statistics Service. https://gks.ru/folder/12781 (date of access: 03.10.2022).
2. Tabolin, V. V. & Tabolin, A. V. (2021). Category of utility in urban law: on the practical significance of the results of the activities of the city authorities. Constitutional and Municipal Law, 10, pp. 67–71.
3. Town Planning Code of the Russian Federation: Federal Law No. 190-FZ of December 29, 2004 (as amended and supplemented, effective from September 1, 2022). SZ RF. 2005. No. 1 (part 1). Art. 16.
4. Basharin, A.V. (2020). On limiting the freedom of discretion of public authorities when adopting (changing) master plans. Commentary on the Appellate Determination of the Judicial Collegium for Administrative Cases of the Armed Forces of the Russian Federation dated March 6, 2019, No. 78-APA19-5. Bulletin of Economic Justice of the Russian Federation, 9, 10–22.
5. On strategic planning in the Russian Federation: Federal Law of June 28, 2014 No. 172-FZ (as amended on July 31, 2020). SZ RF. 2014. No. 26 (part I). Art. 3378.
6. Master plan for Derbent. https://makederbent.ru/master-plan (date of access: 03.10.2022).
7. Master plan for the satellite city of Vladivostok. https://niipg.com/ru/projects/450 (date of access: 03.10.2022).
8. The concept of the architectural appearance of Karl Marx Avenue in the city of Kingisepp. https://niipg.com/ru/projects/446 (date of access: 03.10.2022).
9. Decree of the Administration of the City of Rostov-on-Don of the Rostov Region dated December 23, 2020, No. 1343 “On approval of the Concept for the development of retail space on the territory of the municipal formation “City of Rostov-on-Don” for the period until 2030”. https://docs.cntd.ru/document/571075881?section=text (date of access: 03.10.2022).
10. Zhertovskaya, E. V. & Yakimenko, M. V. (2017). Strategic master plan for the development of tourism: a new level of spatial planning for the development of cities-tourist destinations. Tourism: Law and Economics, 4, 20–26.
11. Order of the Ministry of Construction of Russia dated December 25, 2020, No. 866/pr “On Approval of the Concept for the Urban Digitalization Project “Smart City”. SPS ConsultantPlus.
12. The concept for the development of historical settlements, support and popularization of cultural and tourist opportunities, and development of the cultural heritage economy for the period up to 2030 (approved by the Ministry of Culture of Russia). SPS Consultant Plus.
Peer Review
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The list of publisher reviewers can be found here.
A REVIEW of an article on the topic "On urban planning and socio-economic development of cities in Russia". The subject of the study. The article proposed for review is devoted to the issue of "Urban planning and socio-economic development of cities in Russia". The author has chosen a special subject of research: the proposed issues are investigated from the point of view of municipal and land law, while the author notes that "Urban governance issues are one of the relevant, problematic and promising areas of legal urbanology, which is caused by a significant increase in the urban population." The NPA of Russia, the subjects of the Russian Federation and municipalities relevant to the purpose of the study are being studied. A certain amount of scientific literature on the stated issues is also studied and summarized, analysis and discussion with the opposing authors are present. Research methodology. The purpose of the study is determined by the title and content of the work: "... socio-economic and urban development of cities should be understandable to a wide range of people, be transparent. At the same time, the prospects for socio-economic and urban planning legal regulation periodically become the subject of discussion." They can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. The author uses a set of general scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize some approaches to the proposed topic and partially influenced the author's conclusions. The most important role was played by special legal methods. In particular, the author used a formal legal method, which allowed for the analysis and interpretation of the norms of the current NPA of federal and constituent entities of the Russian Federation, municipalities. In particular, the following conclusions are drawn: "... we consider it necessary to separately fix the provision on bringing the territorial zone in accordance with the functional one as a result of invalidation in court of the master plan for the full restoration of violated rights and legitimate interests," etc. Thus, the methodology chosen by the author is fully adequate to the purpose of the article, allows you to study many aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is one of the most important in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes "Despite the presence of ... problems, Russian cities have the potential for their development and, this is facilitated by a number of conditions, which include the territory, as well as the ability to manage it. Various kinds of resources play an important role, allowing us to talk about both urban planning and socio-economic development." And in fact, an analysis of the work of opponents and NPAs should follow here, and it follows and the author shows the ability to master the material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. It is expressed in the specific scientific conclusions of the author. Among them, for example, is the following: "... it is necessary to legislatively determine the consequences of the court invalidating the provisions of the general plan in terms of functional zoning. ... such consequences should be: restoration of the former functional zone, bringing the territorial zone in accordance with the functional one by making changes to the rules of land use and development by the city authorities." As can be seen, these and other "theoretical" conclusions can be used in further research. Thus, the materials of the article as presented may be of interest to the scientific community. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Law and Politics", as it is devoted to the issue "On urban planning and socio-economic development of cities in Russia". The article contains an analysis of the opponents' scientific works, so the author notes that a question close to this topic has already been raised and the author uses their materials, discusses with opponents. The content of the article corresponds to the title, since the author considered the stated problems and achieved the goal of his research. The quality of the presentation of the study and its results should be recognized as improved. The subject, objectives, methodology, research results, and scientific novelty directly follow from the text of the article. The design of the work meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature presented and used should be highly appreciated. The presence of modern scientific literature and scientific literature shows the validity of the author's conclusions. The works of these authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of many aspects of the topic. Appeal to opponents. The author has analyzed the current state of the problem under study. The author describes the opponents' different points of view on the problem, argues for a more correct position in his opinion, based on the work of opponents, and offers solutions to individual problems. Conclusions, the interest of the readership. The conclusions are logical, specific "... we believe it is necessary to amend Law No. 172-FZ by supplementing the list of documents of local strategic planning with master plans and the concept of city development, which will correspond to established practice." The article in this form may be of interest to the readership in terms of the systematic positions of the author in relation to the issues stated in the article. Based on the above, summing up all the positive and negative sides of the article, I recommend "publishing".
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